The Oklahoma Register
Volume 25
Number 18
June 2, 2008
Pages 1483 - 1722

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
      Clinton - Clinton Public Library
      Durant - Southeastern Oklahoma State University, H.G.
         Bennett Memorial Library
Stillwater - Oklahoma State University, Edmon Low
   Library
Tahlequah - Northeastern State University, John
      Edmond - University of Central Oklahoma, Chambers Library
      Enid - Public Library of Enid and Garfield County
      Goodwell - Oklahoma Panhandle State University
      Lawton - Lawton Public Library
      McAlester - McAlester Public Library
   Vaughan Library
Tulsa - Tulsa City-County Library System
Tulsa - University of Tulsa, McFarlin Library
Weatherford - Southwestern Oklahoma State
   University, Al Harris Library

CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page number of the document in the Register. For example: 25 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. 70 copies have been prepared and distributed at a cost of $819.00. 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)
Gubernatorial Approvals
Agriculture, Food, and Forestry, Oklahoma Department of (Title 35) (1), (2), (3), (4), (5), (6), (7), (8)
Chiropractic Examiners, Board of (Title 140) (1), (2), (3), (4)
Consumer Credit, Department of (Title 160) (1), (2)
Corporation Commission (Title 165) (1), (2), (3)
Employment Security Commission, Oklahoma (Title 240) (1), (2), (3)
Grand River Dam Authority (Title 300) (1), (2), (3)
Health Care Authority, Oklahoma (Title 317) (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20)
Insurance Board, Oklahoma State and Education Employees Group (Title 360) (1), (2), (3)
Medical Licensure and Supervision, State Board of (Title 435) (1), (2), (3)
Mental Health and Substance Abuse Services, Department of (Title 450) (1), (2), (3), (4), (5), (6), (7), (8), (9)
Police Pension and Retirement System, Oklahoma (Title 550) (1)
Real Estate Commission, Oklahoma (Title 605) (1), (2)
Rehabilitation Services, State Department of (Title 612) (1)
Social Workers, State Board of Licensed (Title 675) (1), (2), (3), (4), (5)
State Employee Charitable Contributions, Oversight Committee for (Title 695) (1)
Transportation, Department of (Title 730) (1)
Emergency Adoptions
Abstractors Board, Oklahoma (Title 5) (1), (2)
Education, State Department of (Title 210) (1), (2), (3), (4), (5), (6)
Permanent Final Adoptions
Accountancy Board, Oklahoma (Title 10) (1)
Alcohol and Drug Influence, Board of Tests for (Title 40) (1), (2), (3)
Commerce, Oklahoma Department of (Title 150) (1), (2), (3), (4)
Corporation Commission (Title 165) (1), (2)
Education, State Department of (Title 210) (1), (2), (3), (4), (5), (6), (7), (8)
Employment Security Commission, Oklahoma (Title 240) (1), (2), (3)
Insurance Board, Oklahoma State and Education Employees Group (Title 360) (1), (2), (3)
Insurance Department (Title 365) (1), (2), (3), (4), (5), (6), (7)
Rehabilitation Services, State Department of (Title 612) (1)
State Employee Charitable Contributions, Oversight Committee for (Title 695) (1)
Transportation, Department of (Title 730) (1)
Veterinary Medical Examiners, Board of (Title 775) (1), (2), (3)
Executive Orders (Title 1)

Agency/Action/Subject Index
ABSTRACTORS Board, Oklahoma – continued
ABSTRACTORS Board, Oklahoma (Title 5)
   Emergency Adoptions – continued
Emergency Adoptions
   Administrative Operations (Chapter 1) – continued
Administrative Operations
(Chapter 1) (1)
   Complaints and Enforcement (Chapter 20) – continued
Complaints and Enforcement
(Chapter 20) (1)
ACCOUNTANCY Board, Oklahoma – continued
ACCOUNTANCY Board, Oklahoma (Title 10)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Licensure and Regulation of Accountancy (Chapter 15) – continued
Licensure and Regulation of Accountancy (Chapter 15) (1)
AGRICULTURE, Food, and Forestry, Oklahoma Department of – continued
AGRICULTURE, Food, and Forestry, Oklahoma Department of (Title 35)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Administrative Operations (Chapter 1) – continued
Administrative Operations (Chapter 1) (1)
   Agricultural Products (Chapter 10) – continued
Agricultural Products (Chapter 10) (1)
   Animal Industry (Chapter 15) – continued
Animal Industry (Chapter 15) (1), (2), (3)
   Water Quality (Chapter 17) – continued
Water Quality (Chapter 17) (1)
   Plant IndustryConsumer Protection (Chapter 30) – continued
Plant Industry
Consumer Protection (Chapter 30) (1)
   Water Quality Standards Implementation Plan (Chapter 45) – continued
Water Quality Standards Implementation Plan (Chapter 45) (1)
ALCOHOL and Drug Influence, Board of Tests for – continued
ALCOHOL and Drug Influence, Board of Tests for (Title 40)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Apparatus, Devices, Equipment, and Materials (Chapter 25) – continued
Apparatus, Devices, Equipment, and Materials (Chapter 25) (1)
   Analysis of Alcohol in Breath (Chapter 30) – continued
Analysis of Alcohol in Breath (Chapter 30) (1)
   Ignition Interlock Devices (Chapter 50) – continued
Ignition Interlock Devices (Chapter 50) (1)
CHIROPRACTIC Examiners, Board of – continued
CHIROPRACTIC Examiners, Board of (Title 140)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Administrative Organization and Operations (Chapter 1) – continued
Administrative Organization and Operations (Chapter 1) (1)
   Disciplinary Procedures (Chapter 3) – continued
Disciplinary Procedures (Chapter 3) (1)
   Licensure of Chiropractic Physicians (Chapter 10) – continued
Licensure of Chiropractic Physicians (Chapter 10) (1)
   Advisory Committee (Chapter 20) – continued
Advisory Committee (Chapter 20) (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)
   Oklahoma Specialized Quality Investment Act (Chapter 110) – continued
Oklahoma Specialized Quality Investment Act (Chapter 110) (1)
   Oklahoma Quality Investment Act (Chapter 130) – continued
Oklahoma Quality Investment Act
(Chapter 130) (1)
   Oklahoma Bioenergy Center Act (Chapter 135) – continued
Oklahoma Bioenergy Center Act
(Chapter 135) (1)
CONSUMER Credit, Department of – continued
CONSUMER Credit, Department of (Title 160)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Consumer Leasing (Chapter 10) – continued
Consumer Leasing (Chapter 10) (1)
   Truth in Lending Rules (Chapter 45) – continued
Truth in Lending Rules (Chapter 45) (1)
CORPORATION Commission – continued
CORPORATION Commission (Title 165)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Oil and Gas Conservation (Chapter 10) – continued
Oil and Gas Conservation (Chapter 10) (1)
   Gas Service Utilities (Chapter 45) – continued
Gas Service Utilities (Chapter 45) (1)
   Water Service Utilities (Chapter 65) – continued
Water Service Utilities (Chapter 65) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Motor Carriers (Chapter 30) – continued
Motor Carriers (Chapter 30) (1)
   Electric Utility Rules (Chapter 35) – continued
Electric Utility Rules (Chapter 35) (1)
EDUCATION, State Department of – continued
EDUCATION, State Department of (Title 210)
   Emergency Adoptions – continued
Emergency Adoptions
   Curriculum and Instruction (Chapter 15) – continued
Curriculum and Instruction (Chapter 15) (1)
   Staff (Chapter 20) – continued
Staff (Chapter 20) (1), (2)
   School Facilities and Transportation (Chapter 30) – continued
School Facilities and Transportation (Chapter 30) (1)
   Standards for Accreditation of Elementary, Middle Level, Secondary, and Career and Technology Schools (Chapter 35) – continued
Standards for Accreditation of Elementary, Middle Level, Secondary, and Career and Technology Schools (Chapter 35) (1)
   Grants and Programs-In-Aid (Chapter 40) – continued
Grants and Programs-In-Aid (Chapter 40) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   School Administration and Instructional Services (Chapter 10) – continued
School Administration and Instructional Services (Chapter 10) (1)
   Curriculum and Instruction (Chapter 15) – continued
Curriculum and Instruction (Chapter 15) (1), (2), (3)
   Staff (Chapter 20) – continued
Staff (Chapter 20) (1), (2)
   Standards for Accreditation of Elementary, Middle Level, Secondary, and Career and Technology Schools (Chapter 35) – continued
Standards for Accreditation of Elementary, Middle Level, Secondary, and Career and Technology Schools (Chapter 35) (1), (2)
EMPLOYMENT Security Commission, Oklahoma – continued
EMPLOYMENT Security Commission, Oklahoma (Title 240)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   General Provisions (Chapter 1) – continued
General Provisions (Chapter 1) (1)
   Unemployment Insurance Program (Chapter 10) – continued
Unemployment Insurance Program (Chapter 10) (1)
   Board of Review Procedures (Chapter 15) – continued
Board of Review Procedures (Chapter 15) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   General Provisions (Chapter 1) – continued
General Provisions (Chapter 1) (1)
   Unemployment Insurance Program (Chapter 10) – continued
Unemployment Insurance Program (Chapter 10) (1)
   Board of Review Procedures (Chapter 15) – continued
Board of Review Procedures (Chapter 15) (1)
GOVERNOR – continued
GOVERNOR
   Executive Orders – continued
Executive Orders
   Declaring disaster emergency caused by tornadoes, severe storms and flooding in 10 counties (08-19) – continued
Declaring disaster emergency caused by tornadoes, severe storms and flooding in 10 counties (08-19) (1)
   Ordering flags at half-staff in recognition of Peace Officers Memorial Day (08-20) – continued
Ordering flags at half-staff in recognition of Peace Officers Memorial Day (08-20) (1)
GRAND River Dam Authority – continued
GRAND River Dam Authority (Title 300)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Public Purpose Support and Assistance (Chapter 10) – continued
Public Purpose Support and Assistance (Chapter 10) (1)
   Purchasing Policy (Chapter 20) – continued
Purchasing Policy (Chapter 20) (1)
   Lake Rules (Chapter 35) – continued
Lake Rules (Chapter 35) (1)
HEALTH Care Authority, Oklahoma – continued
HEALTH Care Authority, Oklahoma (Title 317)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Medical Providers-Fee for Service (Chapter 30) – continued
Medical Providers-Fee for Service (Chapter 30) (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17)
   Medical Assistance for Adults and Children-Eligibility (Chapter 35) – continued
Medical Assistance for Adults and Children-Eligibility (Chapter 35) (1), (2)
   Developmental Disabilities Services (Chapter 40) – continued
Developmental Disabilities Services (Chapter 40) (1)
INSURANCE Board, Oklahoma State and Education Employees Group – continued
INSURANCE Board, Oklahoma State and Education Employees Group (Title 360)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Administrative Operations (Chapter 1) – continued
Administrative Operations (Chapter 1) (1)
   State and Education Employees Health, Dental, Vision and Life Plans (Chapter 10) – continued
State and Education Employees Health, Dental, Vision and Life Plans (Chapter 10) (1)
   The Disability Plan (Chapter 15) – continued
The Disability Plan (Chapter 15) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Administrative Operations (Chapter 1) – continued
Administrative Operations (Chapter 1) (1)
   State and Education Employees Health, Dental, Vision and Life Plans (Chapter 10) – continued
State and Education Employees Health, Dental, Vision and Life Plans (Chapter 10) (1)
   The Disability Plan (Chapter 15) – continued
The Disability Plan (Chapter 15) (1)
INSURANCE Department – continued
INSURANCE Department (Title 365)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Administrative Operations (Chapter 1) – continued
Administrative Operations (Chapter 1) (1)
   Life, Accident and Health (Chapter 10) – continued
Life, Accident and Health (Chapter 10) (1)
   Property and Casualty (Chapter 15) – continued
Property and Casualty (Chapter 15) (1)
   Licensure of Producers, Adjusters, Bail Bondsmen, Companies, Prepaid Funeral Benefits, and Viatical and Life Settlements Providers and Brokers (Chapter 25) – continued
Licensure of Producers, Adjusters, Bail Bondsmen, Companies, Prepaid Funeral Benefits, and Viatical and Life Settlements Providers and Brokers (Chapter 25) (1), (2), (3)
   Health Maintenance Organizations (HMO) (Chapter 40) – continued
Health Maintenance Organizations (HMO) (Chapter 40) (1)
MEDICAL Licensure and Supervision, State Board of – continued
MEDICAL Licensure and Supervision, State Board of (Title 435)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Administration and Organization (Chapter 1) – continued
Administration and Organization (Chapter 1) (1)
   Physicians and Surgeons (Chapter 10) – continued
Physicians and Surgeons (Chapter 10) (1)
   Physical Therapists and Assistants (Chapter 20) – continued
Physical Therapists and Assistants (Chapter 20) (1)
MENTAL Health and Substance Abuse Services, Department of – continued
MENTAL Health and Substance Abuse Services, Department of (Title 450)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Consumer Rights (Chapter 15) – continued
Consumer Rights (Chapter 15) (1)
   Standards and Criteria for Community Residential Mental Health Facilities (Chapter 16) – continued
Standards and Criteria for Community Residential Mental Health Facilities (Chapter 16) (1)
   Standards and Criteria for Community Mental Health Services Centers (Chapter 17) – continued
Standards and Criteria for Community Mental Health Services Centers (Chapter 17) (1)
   Standards and Criteria for Alcohol and Drug Treatment Programs (Chapter 18) – continued
Standards and Criteria for Alcohol and Drug Treatment Programs (Chapter 18) (1)
   State-Operated Inpatient Services (Chapter 30) – continued
State-Operated Inpatient Services (Chapter 30) (1)
   Standards and Criteria for Programs of Assertive Community Treatment (Chapter 55) – continued
Standards and Criteria for Programs of Assertive Community Treatment (Chapter 55) (1)
   Standards and Criteria for Certified Eating Disorder Treatment Programs (Chapter 60) – continued
Standards and Criteria for Certified Eating Disorder Treatment Programs (Chapter 60) (1)
   Standards and Criteria for Certified Gambling Treatment Programs (Chapter 65) – continued
Standards and Criteria for Certified Gambling Treatment Programs (Chapter 65) (1)
   Standards and Criteria for Opiod Substitution Treatment Programs (Chapter 70) – continued
Standards and Criteria for Opiod Substitution Treatment Programs (Chapter 70) (1)
POLICE Pension and Retirement System, Oklahoma – continued
POLICE Pension and Retirement System, Oklahoma (Title 550)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Administrative Operations (Chapter 1) – continued
Administrative Operations (Chapter 1) (1)
REAL Estate Commission, Oklahoma – continued
REAL Estate Commission, Oklahoma (Title 605)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Administrative Operations (Chapter 1) – continued
Administrative Operations (Chapter 1) (1)
   Requirements, Standards and Procedures (Chapter 10) – continued
Requirements, Standards and Procedures (Chapter 10) (1)
REHABILITATION Services, State Department of – continued
REHABILITATION Services, State Department of (Title 612)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Vocational Rehabilitation and Visual Services (Chapter 10) – continued
Vocational Rehabilitation and Visual Services (Chapter 10) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Vocational Rehabilitation and Visual Services (Chapter 10) – continued
Vocational Rehabilitation and Visual Services (Chapter 10) (1)
SOCIAL Workers, State Board of Licensed – continued
SOCIAL Workers, State Board of Licensed (Title 675)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Individual Proceedings (Chapter 3) – continued
Individual Proceedings (Chapter 3) (1)
   Licensure Requirements (Chapter 10) – continued
Licensure Requirements (Chapter 10) (1)
   Guidelines for Supervision (Chapter 12) – continued
Guidelines for Supervision (Chapter 12) (1)
   Guidelines for Continuing Education (Chapter 15) – continued
Guidelines for Continuing Education (Chapter 15) (1)
   Code of Professional Conduct (Chapter 20) – continued
Code of Professional Conduct (Chapter 20) (1)
STATE Employee Charitable Contributions, Oversight Committee for – continued
STATE Employee Charitable Contributions, Oversight Committee for (Title 695)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Oklahoma State Charitable Campaign Rules (Chapter 10) – continued
Oklahoma State Charitable Campaign Rules (Chapter 10) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Oklahoma State Charitable Campaign Rules (Chapter 10) – continued
Oklahoma State Charitable Campaign Rules (Chapter 10) (1)
TRANSPORTATION, Department of – continued
TRANSPORTATION, Department of (Title 730)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Highway Contractors (Chapter 25) – continued
Highway Contractors (Chapter 25) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Highway Contractors (Chapter 25) – continued
Highway Contractors (Chapter 25) (1)
VETERINARY Medical Examiners, Board of – continued
VETERINARY Medical Examiners, Board of (Title 775)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians (Chapter 10) – continued
Licensure of Veterinarians, Veterinary Technicians and Animal Euthanasia Technicians (Chapter 10) (1)
   Recordkeeping and Supervision Requirements (Chapter 25) – continued
Recordkeeping and Supervision Requirements (Chapter 25) (1)
   Wholesaler/Distributor of Veterinary Prscription Drugs (Chapter 26) – continued
Wholesaler/Distributor of Veterinary Prscription Drugs (Chapter 26) (1)

Agency/Title Index
[Assigned as of 6-2-08]
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, Landscape Architects and Interior Designers 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 CAPITAL 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
Office of DISABILITY Concerns (Formerly: Office of HANDICAPPED Concerns) - See Title 305
 
Board of Regents of EASTERN Oklahoma State College
205
EDGE Fund Policy Board
208
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 DISABILITY Concerns (Formerly: 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
Oklahoma State Board of Examiners for LONG-TERM Care Administrators (Formerly: Oklahoma State Board of Examiners for NURSING Home Administrators) - See Title 490
 
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 LONG-TERM Care Administrators (Formerly: 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
     (abolished 7-1-06; see also Title 365)
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 Employee Charitable Contributions, Oversight
     Committee for (Formerly: 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 (Name changed to Oklahoma TURNPIKE Authority 11-1-05) - See Title 731
 
Oklahoma TURNPIKE Authority (Formerly: Oklahoma TRANSPORTATION Authority AND Oklahoma TURNPIKE Authority) - See also Title 745
731
State TREASURER
735
Board of Regents of TULSA Community College
740
Oklahoma TURNPIKE Authority (Name changed to Oklahoma TRANSPORATION Authority 11-1-99 - no rules enacted in this Title - 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

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 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 1.  Administrative Operations
[OAR Docket #08-776]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 9. Individual Procedures [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-776; filed 5-1-08]

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 10.  Agricultural Products
[OAR Docket #08-777]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
35:10-1-3 [NEW]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-777; filed 5-1-08]

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15.  Animal Industry
[OAR Docket #08-778]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 22. Swine Pseudorabies
Part 1. General Provisions
35:15-22-1 [AMENDED]
35:15-22-71 [AMENDED]
Subchapter 24. Swine Brucellosis
35:15-24-2 [AMENDED]
35:15-24-3 [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-778; filed 5-1-08]

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15.  Animal Industry
[OAR Docket #08-779]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 34. Feral Swine [NEW]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-779; filed 5-1-08]

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15.  Animal Industry
[OAR Docket #08-780]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 38. Bovine Trichomoniasis [NEW]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-780; filed 5-1-08]

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 17.  Water Quality
[OAR Docket #08-781]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 3. Concentrated AnimalSwine Feeding Operations [AMENDED]
Subchapter 4. Concentrated Animal Feeding Operations [NEW]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-781; filed 5-1-08]

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 30.  Plant IndustryConsumer Protection
[OAR Docket #08-782]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 17. Combined Pesticide
Part 22. Wood Infestation Reports [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-782; filed 5-1-08]

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 45.  Water Quality Standards Implementation Plan
[OAR Docket #08-783]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. Water Quality Standards Implementation Plan [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-783; filed 5-1-08]

TITLE 140.  Board of Chiropractic Examiners
CHAPTER 1.  Administrative Organization and Operations
[OAR Docket #08-765]
RULEMAKING ACTION:
Gubernatorial approval
RULES:
Subchapter 1. General Provisions
140:1-1-2 [AMENDED]
140:1-1-2 [AMENDED]
GUBERNATORIAL APPROVAL:
April 11, 2008
[OAR Docket #08-765; filed 4-29-08]

TITLE 140.  Board of Chiropractic Examiners
CHAPTER 3.  Disciplinary Procedures
[OAR Docket #08-766]
RULEMAKING ACTION:
Gubernatorial approval
RULES:
Subchapter 1. General Provisions
140:3-1-2 [AMENDED]
Subchapter 3. Filing and Disposition Complaints
140:3-3-2 [AMENDED]
140:3-3-3 [AMENDED]
GUBERNATORIAL APPROVAL:
April 11, 2008
[OAR Docket #08-766; filed 4-29-08]

TITLE 140.  Board of Chiropractic Examiners
CHAPTER 10.  Licensure of Chiropractic Physicians
[OAR Docket #08-767]
RULEMAKING ACTION:
Gubernatorial approval
RULES:
Subchapter 1. General Provisions
140:10-1-1 [AMENDED]
140:10-1-2 [AMENDED]
GUBERNATORIAL APPROVAL:
April 11, 2008
[OAR Docket #08-767; filed 4-29-08]

TITLE 140.  Board of Chiropractic Examiners
CHAPTER 20.  Advisory Committee
[OAR Docket #08-768]
RULEMAKING ACTION:
Gubernatorial approval
RULES:
140:20-1-1. Scope and application; re-creation of Advisory Committee [AMENDED]
GUBERNATORIAL APPROVAL:
April 11, 2008
[OAR Docket #08-768; filed 4-29-08]

TITLE 160.  Department of Consumer Credit
CHAPTER 10.  Consumer Leasing
[OAR Docket #08-795]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Disclosures
160:10-5-1.1 [AMENDED]
160:10-5-1.4 [REVOKED]
Subchapter 7. Advertising
160:10-7-1.1 [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-795; filed 5-5-08]

TITLE 160.  Department of Consumer Credit
CHAPTER 45.  Truth in Lending Rules
[OAR Docket #08-796]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 3. Open-End Credit
160:45-3-1 [AMENDED]
160:45-3-2 [AMENDED]
160:45-3-3 [AMENDED]
160:45-3-13 [AMENDED]
160:45-3-14 [AMENDED]
Subchapter 5. Closed-End Credit
160:45-5-1 [AMENDED]
160:45-5-3 [AMENDED]
160:45-5-7 [AMENDED]
160:45-5-8 [AMENDED]
Subchapter 9. Special Rules for Certain Home Mortgage Transactions
160:45-9-1 [AMENDED]
160:45-9-2 [AMENDED]
Subchapter 11. Electronic Communication [REVOKED]
160:45-11-1 [REVOKED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-796; filed 5-5-08]

TITLE 165.  Corporation Commission
CHAPTER 10.  Oil and Gas Conservation
[OAR Docket #08-794]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Chapter 10. Oil and Gas Conservation [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-794; filed 5-5-08]

TITLE 165.  Corporation Commission
CHAPTER 45.  Gas Service Utilities
[OAR Docket #08-793]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 3. Plant, Equipment, and Facilities
165:45-3-5. Sale or disposal of jurisdictional facilities by utility [AMENDED]
165:45-3-5.1 Acquisition, control, or merger of domestic public gas utilities [NEW]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-793; filed 5-5-08]

TITLE 165.  Corporation Commission
CHAPTER 65.  Water Service Utilities
[OAR Docket #08-792]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 3. Plant, Equipment, and Facilities
165:65-3-5. Sale or disposal of facilities by utility [AMENDED]
165:65-3-5.1 Acquisition, control, or merger of domestic public water utilities [NEW]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-792; filed 5-5-08]

TITLE 240.  Oklahoma Employment Security Commission
CHAPTER 1.  General Provisions
[OAR Docket #08-770]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
240:1-1-2. Definitions [AMENDED]
240:1-1-7. Petitions for declaratory rulings [NEW]
GUBERNATORIAL APPROVAL:
April 17, 2008
[OAR Docket #08-770; filed 4-30-08]

TITLE 240.  Oklahoma Employment Security Commission
CHAPTER 10.  Unemployment Insurance Program
[OAR Docket #08-771]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
240:10-1-2. Definitions [AMENDED]
Subchapter 3. Benefits
Part 11. Filing Claims - Notice
240:10-3-53. Third party administrators - filing requirements [NEW]
Subchapter 5. Contributions
Part 8. Waiver of Penalty and Interest
240:10-5-44. Initial determination [AMENDED]
240:10-5-45. Appeal of initial determination [AMENDED]
Subchapter 11. Assessment Board Procedures
Part 1. General Provisions
240:10-11-6. Address of Board [AMENDED]
Subchapter 13. Appeal Tribunal Procedures
Part 1. General Provisions
240:10-13-5. Jurisdiction [AMENDED]
240:10-13-8. Address of Appeal Tribunal [AMENDED]
GUBERNATORIAL APPROVAL:
April 17, 2008
[OAR Docket #08-771; filed 4-30-08]

TITLE 240.  Oklahoma Employment Security Commission
CHAPTER 15.  Board of Review Procedures
[OAR Docket #08-772]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
240:15-1-7. Attorney fees - approval [REVOKED]
240:15-1-8. Attorney fees - approval [NEW]
GUBERNATORIAL APPROVAL:
April 11, 2008
[OAR Docket #08-772; filed 4-30-08]

TITLE 300.  Grand River Dam Authority
CHAPTER 10.  Public Purpose Support and Assistance
[OAR Docket #08-868]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
300:10-1-2. [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-868; filed 5-9-08]

TITLE 300.  Grand River Dam Authority
CHAPTER 20.  Purchasing Policy
[OAR Docket #08-867]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
300:20-1-1. [AMENDED]
300:20-1-4. [AMENDED]
300:20-1-8. [AMENDED]
300:20-1-9. [AMENDED]
300:20-1-10. [AMENDED]
300:20-1-11. [AMENDED]
300:20-1-16. [NEW]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-867; filed 5-9-08]

TITLE 300.  Grand River Dam Authority
CHAPTER 35.  Lake Rules
[OAR Docket #08-866]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 27. Vegetation Management Plan
300:35-27-1. [AMENDED]
300:35-27-2. [AMENDED]
300:35-27-3. [AMENDED]
300:35-27-4. [AMENDED]
300:35-27-8. [NEW]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-866; filed 5-9-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-810]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-10. [AMENDED]
Part 45. Optometrists
317:30-5-431. through 317:30-5-432. [AMENDED]
317:30-5-432.1. [NEW]
Part 47. Optical Companies
317:30-5-451. [AMENDED]
317:30-5-452. [REVOKED]
(Reference APA WF # 07-26)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-810; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-811]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 3. General Provider Policies
Part 1. General Scope and Administration
317:30-3-6. [AMENDED]
317:30-3-12. [AMENDED]
317:30-3-23. [AMENDED]
(Reference APA WF # 07-37)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-811; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-812]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 20. Lactation Consultants [NEW]
317:30-5-230. through 317:30-5-235. [NEW]
(Reference APA WF # 07-42)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-812; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-813]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 85. ADvantage Program Waiver Services
317:30-5-760. through 30-5-764.[AMENDED]
(Reference APA WF # 07-49)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-813; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-815]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 21. Outpatient Behavioral Health Services
317:30-5-245. [AMENDED]
(Reference APA WF # 07-56)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-815; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-816]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 6. Inpatient Psychiatric Hospitals
317:30-5-96.8. [NEW]
(Reference APA WF # 07-59)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-816; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-817]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 39. Skilled and Registered Nursing Services
317:30-5-390. [AMENDED]
Part 51. Habilitation Services
317:30-5-480. [AMENDED]
317:30-5-482. [AMENDED]
Part 53. Specialized Foster Care
317:30-5-495. through 317:30-5-499. [AMENDED]
Part 59. Homemaker Services
317:30-5-535. through 317:30-5-538.
(Reference APA WF # 07-60A)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-817; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-819]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-8. [AMENDED]
Part 4. Long Term Care Hospitals
317:30-5-65. [AMENDED]
Part 9. Long Term Care Facilities
317:30-5-133.2. [AMENDED]
(Reference APA WF # 07-61)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-819; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-820]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-14. through 317:30-5-15. [AMENDED]
(Reference APA WF # 07-62)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-820; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-821]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 32. SoonerRide Non-Emergency Transportation
317:30-5-327.5. [AMENDED]
(Reference APA WF # 07-63)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-821; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-822]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 110. Indian Health Services, Tribal Programs, and Urban Indian Clinics (I/T/Us)
317:30-5-1085. through 317:30-5-1088. [AMENDED]
317:30-5-1090. through 317:30-5-1091. [AMENDED]
317:30-5-1093. through 317:30-5-1096. [AMENDED]
317:30-5-1098. through 317:30-5-1099. [AMENDED]
317:30-5-1100. [NEW]
(Reference APA WF # 07-64)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-822; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-824]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 9. Long Term Care Facilities
317:30-5-126. [AMENDED]
317:30-5-131.2. [AMENDED]
317:30-5-132. [AMENDED]
317:30-5-134. [AMENDED]
(Reference APA WF # 07-67)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-824; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-825]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 3. Hospitals
317:30-5-42.14. [AMENDED]
Part 63 Ambulatory Surgical Centers
317:30-5-566. [AMENDED]
(Reference APA WF # 07-68)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-825; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-826]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 21. Outpatient Behavioral Health Services
317:30-5-241. [AMENDED]
(Reference APA WF # 07-71)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-826; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-827]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 83. Residential Behavior Management Services in Foster Care Settings
317:30-5-740. [AMENDED]
(Reference APA WF # 07-74)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-827; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-828]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 1. Physicians
317:30-5-11. [AMENDED]
(Reference APA WF # 07-75)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-828; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 30.  Medical Providers-Fee for Service
[OAR Docket #08-829]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Individual Providers and Specialties
Part 5. Pharmacists Pharmacies
317:30-5-70. through 317:30-5-70.1. [AMENDED]
317:30-5-70.3. [AMENDED]
317:30-5-72. [AMENDED]
317:30-5-77. through 317:30-5-77.3. [AMENDED]
317:30-5-78. through 317:30-5-78.2. [AMENDED]
317:30-5-86. [AMENDED]
(Reference APA WF # 07-76)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-829; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 35.  Medical Assistance for Adults and Children-Eligibility
[OAR Docket #08-814]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Eligibility and Countable Income
Part 5. Countable Income and Resources
317:35-5-42. [AMENDED]
(Reference APA WF # 07-55)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-814; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 35.  Medical Assistance for Adults and Children-Eligibility
[OAR Docket #08-823]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 17. ADvantage Waiver Services
317:35-17-11. [AMENDED]
317:35-17-12. [AMENDED]
317:35-17-15. [AMENDED]
317:35-17-16. [AMENDED]
(Reference APA WF # 07-66)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-823; filed 5-7-08]

TITLE 317.  Oklahoma Health Care Authority
CHAPTER 40.  Developmental Disabilities Services
[OAR Docket #08-818]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Client Member Services
Part 3. Guidelines to Staff
317:40-5-40. [AMENDED]
Part 9. Service Provisions
317:40-5-101. [AMENDED]
317:40-5-112. [AMENDED]
Part 11. Community Residential Supports
317:40-5-152. [AMENDED]
Subchapter 7. Waiver Employment Services Through Home and Community-Based Services Waivers
317:40-7-7. [AMENDED]
317:40-7-15. [AMENDED]
317:40-7-21. [AMENDED]
(Reference APA WF # 07-60B)
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-818; filed 5-7-08]

TITLE 360.  Oklahoma State and Education Employees Group Insurance Board
CHAPTER 1.  Administrative Operations
[OAR Docket #08-804]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
360:1-1-2. [AMENDED]
Subchapter 3. The Board
360:1-1-3. [AMENDED]
360:1-3-8. [AMENDED]
360:1-3-13. [NEW]
Subchapter 5. Hearing Procedures
360:1-5-2. [AMENDED]
GUBERNATORIAL APPROVAL:
April 2, 2008
[OAR Docket #08-804; filed 5-7-08]

TITLE 360.  Oklahoma State and Education Employees Group Insurance Board
CHAPTER 10.  State and Education Employees Health, Dental, Vision and Life Plans
[OAR Docket #08-805]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
360:10-1-2. [AMENDED]
Subchapter 3. Administration of Plans
360:10-3-3. [AMENDED]
360:10-3-3.5. [AMENDED]
360:10-3-20. [AMENDED]
360:10-3-22. [AMENDED]
360:10-3-23. [AMENDED]
360:10-3-24. [AMENDED]
360:10-3-25. [AMENDED]
360:10-3-26. [AMENDED]
360:10-3-27. [AMENDED]
360:10-3-27.1. [AMENDED]
Subchapter 5. Coverage and Limitations
Part 1. Policy Provisions
360:10-5-2. [AMENDED]
360:10-5-3. [AMENDED]
Part 3. The Plans
360:10-5-16. [AMENDED]
360:10-5-17. [AMENDED]
360:10-5-20. [AMENDED]
Part 5. Life Benefits
360:10-5-33. [AMENDED]
Part 15. Subrogation
360:10-5-100. [AMENDED]
GUBERNATORIAL APPROVAL:
April 2, 2008
[OAR Docket #08-805; filed 5-7-08]

TITLE 360.  Oklahoma State and Education Employees Group Insurance Board
CHAPTER 15.  The Disability Plan
[OAR Docket #08-806]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
360:15-1-2. [AMENDED]
360:15-1-11. [AMENDED]
360:15-1-14.1. [NEW]
360:15-1-31. [AMENDED]
GUBERNATORIAL APPROVAL:
April 2, 2008
[OAR Docket #08-806; filed 5-7-08]

TITLE 435.  State Board of Medical Licensure and Supervision
CHAPTER 1.  Administration and Organization
[OAR Docket #08-757]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
435:1-1-7. Fees [AMENDED]
GUBERNATORIAL APPROVAL:
April 22, 2008
[OAR Docket #08-757; filed 4-29-08]

TITLE 435.  State Board of Medical Licensure and Supervision
CHAPTER 10.  Physicians and Surgeons
[OAR Docket #08-758]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 7. Regulation of Physician and Surgeon Practice
435:10-7-6. Retired physicians and surgeons [AMENDED]
GUBERNATORIAL APPROVAL:
April 22, 2008
[OAR Docket #08-758; filed 4-29-08]

TITLE 435.  State Board of Medical Licensure and Supervision
CHAPTER 20.  Physical Therapists and Assistants
[OAR Docket #08-759]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Regulation of Practice
435:20-5-8. Unprofessional conduct - Grounds for disciplinary action [AMENDED]
GUBERNATORIAL APPROVAL:
April 22, 2008
[OAR Docket #08-759; filed 4-29-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 15.  Consumer Rights
[OAR Docket #08-855]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:15-1-2. Definitions [AMENDED]
Subchapter 3. Consumer Rights
Part 1. Mental Health and Drug or Alcohol Abuse Services Consumer bill of Rights
450:15-3-20.1. Consumer rights regarding confidentiality of mental health and drug or alcohol abuse treatment information [AMENDED]
450:15-3-20.2. Validity of written consent [NEW]
Part 7. Consumer Access to Health Information, Facilities Operated by ODMHSAS
450:15-3-60. Right to access designated record set from facilities operated by ODMHSAS [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-855; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 16.  Standards and Criteria for Community Residential Mental Health Facilities
[OAR Docket #08-856]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:16-1-2. Definitions [AMENDED]
450:16-1-4. Annual review of standards and criteria [REVOKED]
Subchapter 5. Services
450:16-5-1. Continuity of care agreements, other service providers [AMENDED]
Subchapter 17. Security and Disclosure of Resident Information
450:16-17-3.1. Confidentiality of mental health and drug or alcohol abuse treatment information [AMENDED]
450:16-17-4. Validity of written consent [REVOKED]
Subchapter 21. Personnel, Staffing and Training
450:16-21-4. Residential care staff training requirements, administrator [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-856; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 17.  Standards and Criteria for Community Mental Health Services Centers
[OAR Docket #08-857]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:17-1-2. Definitions [AMENDED]
450:17-1-4. Annual review of standards and criteria [REVOKED]
Subchapter 7. Facility Clinical Records
450:17-7-10. Progress Notes [AMENDED]
Subchapter 9. Consumer Records and Confidentiality
450:17-9-1.1. Confidentiality of mental health and drug or alcohol abuse treatment information [AMENDED]
Subchapter 21. Staff Development and Training
450:17-21-3. Annually required inservice training for all employees [AMENDED]
450:17-21-5. CAPE training [REVOKED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-857; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 18.  Standards and Criteria for Alcohol and Drug Treatment Programs
[OAR Docket #08-858]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:18-1-2. Definitions [AMENDED]
450:18-1-6. Annual review of standards and criteria [REVOKED]
Subchapter 5. Organizational and Facility Management
450:18-5-3.2. Standards for food service [AMENDED]
Subchapter 7. Consumer Records
Part 1. Record System
450:18-7-3.1. Confidentiality of mental health and drug or alcohol abuse treatment information [AMENDED]
Subchapter 13. Substance Abuse Treatment Services
Part 3. Outpatient Services
450:18-13-21. Outpatient Services [AMENDED]
Part 5. Intensive Outpatient Services
450:18-13-42. Service requirements [AMENDED]
Part 15. Residential Treatment for Adults with Co-occurring Disorders
450:18-13-141. Adult residential treatment for consumers with co-occurring disorders [AMENDED]
Part 21. Halfway House Services for Persons with Dependent Children
450:18-13-201. Halfway house services for persons with dependent children [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-858; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 30.  State-Operated Inpatient Services
[OAR Docket #08-859]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 15. Forensic Review Board
450:30-15-2. Definitions [AMENDED]
450:30-15-3. Composition, powers and duties [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-859; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 55.  Standards and Criteria for Programs of Assertive Community Treatment
[OAR Docket #08-860]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:55-1-2. Definitions [AMENDED]
Subchapter 3. Program Description and Pact Services
450:55-3-7. Staffing requirements [AMENDED]
Subchapter 7. Confidentiality
450:55-7-1. Confidentiality, mental health consumer information and records [AMENDED]
Subchapter 17. Staff Development and Training
450:55-17-3. In-service [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-860; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 60.  Standards and Criteria for Certified Eating Disorder Treatment Programs
[OAR Docket #08-861]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:60-1-4. Annual review of standards and criteria [REVOKED]
Subchapter 9. Consumer Records and Confidentiality
450:60-9-1. Confidentiality of mental health and drug or alcohol abuse treatment information [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-861; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 65.  Standards and Criteria for Certified Gambling Treatment Programs
[OAR Docket #08-862]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:65-1-2. Definitions [AMENDED]
450:65-1-4. Applicability [AMENDED]
450:65-1-5. Annual review of standards and criteria [REVOKED]
Subchapter 3 Gambling Treatment Services and Documentation
450:65-3-1. Gambling treatment professional requirements and privileging [AMENDED]
450:65-3-2. Treatment Services [AMENDED]
450:65-3-3. Assessment and diagnostic services [AMENDED]
450:65-3-5. Individual, group and family counseling services [AMENDED]
450:65-3-9. Unplanned discharges [AMENDED]
450:65-3-10. Consumer records, basic requirement [AMENDED]
450:65-3-11. Consumer record system [AMENDED]
450:65-3-12. Confidentiality of gambling addiction treatment information [AMENDED]
Subchapter 5. Certified Gambling Addiction Treatment Programs
450:65-5-1. Level of Care [AMENDED]
450:65-5-2. Gambling addiction treatment services [AMENDED]
450:65-5-3. Admission criteria [AMENDED]
450:65-5-4. Discharge criteria [AMENDED]
450:65-5-5. Consumer rights [AMENDED]
Subchapter 7. Organizational and Facility Management
450:65-7-2. Hygiene and sanitation [AMENDED]
450:65-7-3. Standards for food service [AMENDED]
450:65-7-5. Critical incidents [AMENDED]
450:65-7-6. Organizational and facility description [AMENDED]
450:65-7-8. Performance improvement program [AMENDED]
450:65-7-9. Community information, consultation, outreach and street outreach [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-862; filed 5-9-08]

TITLE 450.  Department of Mental Health and Substance Abuse Services
CHAPTER 70.  Standards and Criteria for Opiod Substitution Treatment Programs
[OAR Docket #08-863]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
450:70-1-2. Definitions [AMENDED]
Subchapter 3. Facility Record System
Part 1. Record System
450:70-3-4. Confidentiality of drug or alcohol abuse or mental health treatment information [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-863; filed 5-9-08]

TITLE 550.  Oklahoma Police Pension and Retirement System
CHAPTER 1.  Administrative Operations
[OAR Docket #08-790]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 3. Organization of Board
550:1-3-3 [AMENDED]
550:1-3-4 [AMENDED]
GUBERNATORIAL APPROVAL:
April 28, 2008
[OAR Docket #08-790; filed 5-2-08]

TITLE 605.  Oklahoma Real Estate Commission
CHAPTER 1.  Administrative Operations
[OAR Docket #08-797]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
605:1-1-4 Operational Procedures[AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-797; filed 5-5-08]

TITLE 605.  Oklahoma Real Estate Commission
CHAPTER 10.  Requirements, Standards and Procedures
[OAR Docket #08-798]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 3. Education and Examination Requirements
605:10-3-2. Application for license [AMENDED]
Subchapter 5. Instructor and Entity Requirements and Standards
605:10-5-1. Approval of prelicense course offerings [AMENDED]
605:10-5-2. Approval of continuing education offerings [AMENDED]
Subchapter 7. Licensing Procedures and Options
605:10-7-2. License terms and fees; renewals; reinstatements [AMENDED]
Subchapter 17. Causes for Investigations; Hearing Process; Prohibited Acts; Discipline
605:10-17-2. Complaint procedures [AMENDED]
605:10-17-3. Complaint hearings; notice and procedures [AMENDED]
Appendix A. Residential Property Condition Disclosure Statement [REVOKED]
Appendix A. Residential Property Condition Disclosure Statement [NEW]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-798; filed 5-5-08]

TITLE 612.  State Department of Rehabilitation Services
CHAPTER 10.  Vocational Rehabilitation and Visual Services
[OAR Docket #08-864]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 1. General Provisions
612:10-1-2. Definitions [AMENDED]
Subchapter 7. Vocational Rehabilitation and Visual Services
Part 1. Scope of Vocational Rehabilitation and Visual Services
612:10-7-1. Overview of Vocational Rehabilitation and Visual Services [AMENDED]
612:10-7-4. Basic eligibility requirements for vocational rehabilitation services [AMENDED]
612:10-7-8. Order of selection [AMENDED]
612:10-7-11. Counseling and guidance [AMENDED]
Part 3. Case Processing Requirements
612:10-7-33. Supervisory caseload reviews [AMENDED]
612:10-7-33.1. Quality Assurance caseload reviews [NEW]
Part 5. Case Status and Classification System
612:10-7-52. Provision of services [AMENDED]
612:10-7-58. Closed rehabilitated [AMENDED]
612:10-7-62. Post-employment services [AMENDED]
Part 13. Supportive Services
612:10-7-131. Transportation [AMENDED]
Part 15. Training
612:10-7-166. Tutorial training [AMENDED]
Part 17. Supported Employment Services
612:10-7-181. Integrated settings [AMENDED]
612:10-7-184. Extended services [AMENDED]
612:10-7-185. Provision of supported employment services [AMENDED]
Part 18. Employment and Retention Services
612:10-7-186. Overview of Employment and Retention Services [AMENDED]
612:10-7-187. Eligibility for Employment and Retention Services [AMENDED]
Part 19. Special Services for Individuals Who Are Blind, Deaf, or Have Other Severesignificant Disabilities
Part 21. Purchase of Equipment, Occupational Licenses and Certificates
612:10-7-220. Purchase of special equipment for motor vehicles [AMENDED]
Part 23. Self-employment Programs and Other Services
612:10-7-230.3. Self-Employment/Business Plans [AMENDED]
612:10-7-230.5. DRS Monitoring [AMENDED]
Subchapter 9. Rehabilitation Teaching Services
Part 3. Case Processing and Recording
612:10-9-25. Post-Employment Services Status [AMENDED]
Subchapter 11. Independent Living Services for Older Individuals Who Are Blind
Part 3. Case Processing
612:10-11-28. Post OB Service Status [REVOKED]
GUBERNATORIAL APPROVAL:
April 17, 2008
[OAR Docket #08-864; filed 5-9-08]

TITLE 675.  State Board of Licensed Social Workers
CHAPTER 3.  Individual Proceedings
[OAR Docket #08-760]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
675:3-1-2. Definitions [AMENDED]
675:3-1-3. Complaint procedure [AMENDED]
675:3-1-4. Procedures for denials, revocations, suspensions [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-760; filed 4-29-08]

TITLE 675.  State Board of Licensed Social Workers
CHAPTER 10.  Licensure Requirements
[OAR Docket #08-761]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
675:10-1-1.2. Requirements for Licensed Clinical Social Worker [AMENDED]
675:10-1-2. Requirements for Licensed Social Worker [AMENDED]
675:10-1-2.1. Requirements for Licensed Social Worker - Administration [AMENDED]
675:10-1-3. Requirements for Licensed Social Work Associate [AMENDED]
675:10-1-4. Requirements for Private or Independent Social Work Practice [AMENDED]
675:10-1-5. Titles of licenses [AMENDED]
675:10-1-6. Continuing education [AMENDED]
675:10-1-9. Form of application [AMENDED]
675:10-1-12.1. Renewal of licenses [AMENDED]
675:10-1-18. Facility [REVOKED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-761; filed 4-29-08]

TITLE 675.  State Board of Licensed Social Workers
CHAPTER 12.  Guidelines for Supervision
[OAR Docket #08-762]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
675:12-1-2. Supervision [AMENDED]
675:12-1-6. Board Approved Supervisors [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-762; filed 4-29-08]

TITLE 675.  State Board of Licensed Social Workers
CHAPTER 15.  Guidelines for Continuing Education
[OAR Docket #08-763]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
675:15-1-2. Introduction [AMENDED]
675:15-1-3. Continuing education standards [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-763; filed 4-29-08]

TITLE 675.  State Board of Licensed Social Workers
CHAPTER 20.  Code of Professional Conduct
[OAR Docket #08-764]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
675:20-1-3. Definitions [AMENDED]
GUBERNATORIAL APPROVAL:
April 23, 2008
[OAR Docket #08-764; filed 4-29-08]

TITLE 695.  Oversight Committee for State Employee Charitable Contributions
CHAPTER 10.  Oklahoma State Charitable Campaign Rules
[OAR Docket #08-784]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
PROPOSED RULES:
695:10-1-1 [AMENDED]
695:10-1-2 [AMENDED]
695:10-1-5 [AMENDED]
695:10-1-6 [AMENDED]
695:10-1-7 [AMENDED]
695:10-1-8 [AMENDED]
695:10-1-9 [AMENDED]
695:10-1-10 [AMENDED]
695:10-1-11 [AMENDED]
695:10-1-13 [AMENDED]
695:10-3-2 [AMENDED]
695:10-3-3 [AMENDED]
695:10-3-4 [AMENDED]
695:10-5-2 [AMENDED]
695:10-5-3 [AMENDED]
695:10-7-2 [AMENDED]
695:10-11-2 [AMENDED]
695:10-13-2 [AMENDED]
695:10-13-3 [AMENDED]
695:10-13-4 [AMENDED]
695:10-13-5 [AMENDED]
695:10-13-6 [AMENDED]
695:10-13-7 [AMENDED]
GUBERNATORIAL APPROVAL:
April 2, 2008
[OAR Docket #08-784; filed 5-1-08]

TITLE 730.  Department of Transportation
CHAPTER 25.  Highway Contractors
[OAR Docket #08-799]
RULEMAKING ACTION:
Gubernatorial approval of permanent rules
RULES:
Subchapter 5. Contractor Prequalification and Proposals
730:25-3-1 [AMENDED]
730:25-3-4 [AMENDED
730:25-3-4.1 [NEW]
730:25-3-5 [AMENDED]
GUBERNATORIAL APPROVAL:
April 11, 2008
[OAR Docket #08-799; filed 5-6-08]


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 5.  Oklahoma Abstractors Board
CHAPTER 1.  Administrative Operations
[OAR Docket #08-754]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 1. General Provisions [NEW]
5:1-1-1 through 5:1-1-3 [NEW]
Subchapter 3. Administrative Operations [NEW]
5:1-3-1 through 5:1-3-6 [NEW]
AUTHORITY:
Title 1, Oklahoma Statutes, Section 22 et seq., "Oklahoma Abstractors Act"; Oklahoma Abstractors Board
DATES:
Adoption:
March 6, 2008
Approved by Governor:
April 17, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
None.
INCORPORATIONS BY REFERENCE:
None.
FINDING OF EMERGENCY:
Imminent peril exists to the preservation of the public health, safety, or welfare and a compelling public interest requires these emergency rules to be adopted, for the reason that these rules provide for procedures to be established to supplement and complete the Oklahoma Abstractors Act. Without such emergency rules, the Board cannot effectively and efficiently embark upon the regulation, licensure, and administration of those holders of Certificates of Authority, applicants for Permits and Licensees, including the filing of forms and complaints.
ANALYSIS:
The proposed rules provide for key definition of terms covered under the statute. It further sets forth the general administration of the office and the conduct of its daily business, including its physical address, mailing address, phone number, and business hours. These emergency rules are necessary to establish the office and its accessibility to the public.
CONTACT PERSON:
Monica Wittrock, Chairman (405) 232-3258
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. §253(D):
SUBCHAPTER 1.  General Provisions
5:1-1-1.  Purpose
     The Rules of this Title are provided for the purpose of interpreting and implementing the Oklahoma Abstractors Act, as set out in Title 1 of the Oklahoma Statutes, which established the Oklahoma Abstractors Board and conferred upon the Board the responsibility for administering and enforcing the Act.
5:1-1-2.  Definitions
     In addition to the terms defined in the Oklahoma Abstractors Act, the following defined words and terms shall be applied when implementing the Act and rules adopted by the Board.
5:1-1-3.  Authority, interpretation, and severability of rules
     The rules in this Chapter are adopted pursuant to the provisions of the Oklahoma Abstractors Act, Title l of the Oklahoma Statutes, and the Administrative Procedures Act. Should a court having jurisdiction or the Attorney General of Oklahoma find any part of the rules of this Chapter to be inconsistent with the provisions of law as they presently exist or are hereafter amended, they shall be interpreted to comply with the statutes as they presently exist or are hereafter amended and the partial or total invalidity of any section or sections of this Chapter shall not affect the valid sections.
SUBCHAPTER 3.  Administrative Operations
5:1-3-1.  Powers and duties
     The powers and duties of the Oklahoma Abstractors Board are set forth in the Oklahoma Abstractors Act, Title l of the Oklahoma Statutes.
5:1-3-2.  Principal office; hours
     The principal office of the Oklahoma Abstractors Board is 2401 Northwest 23rd Street, Suite 4, Oklahoma City, Oklahoma, 73107- 0076, Post Office Box 700076, Oklahoma City, Oklahoma, 73107-0076. The office is open Monday through Friday from 8:00 A.M. until 5:00 P.M .except Saturday, Sunday and legal holidays.
5:1-3-3.  Communications
     All communication shall be in writing and addressed to the Board at the principal office of the Board unless the Board directs otherwise.
5:1-3-4.  Availability of records; copies
     Copies of rules, regulations, and other written statements of policy relating to abstract licenses, holders of a certificate of authority or permit, adopted by the Board in the discharge of duties and all final orders, decisions, and opinions will be available for public inspection at the principal office during stated office hours. Copies of the official records may be made and certified by the Board or a person designated by the Board to perform such duties upon prepayment of the copying fee as authorized in the Oklahoma Open Records Act, which shall be posted in the office of the Board. All material in the office of the Board which is protected from publication by State and Federal law shall not be released.
5:1-3-5.  Adoption, amendment or repeal of rule
     All interested persons may ask the Board to promulgate, amend, or repeal a rule. Such request shall be in writing and filed with the Board. The request shall fully set forth the reasons for its submission; the alleged need or necessity therefore; whether the proposal conflicts with any existing rule; and what statutory provisions, if any, are involved. Such request shall be considered by the Board. If the Board approves the proposed change, notice will be given that such proposal will be formally considered for adoption. If, however, the Board initially determines that the proposal or request is not a necessary rule, amendment, or repeal, the same will be refused and the decision reflected in the records of the Board. A copy will be sent to the person who submitted the request.
5:1-3-6.  Declaratory rulings
     Any person who may be directly affected by the existence or application of any of the public rules may request in writing an interpretation or ruling regarding the application of such rule to a particular set of facts. Any such request shall state sufficient facts and the particular rule to which those facts should be applied. The request will be reviewed by the Board. The Board will make a final determination of the interpretation or ruling and that interpretation of the rule will be furnished in writing within a reasonable time to the person making the request.
[OAR Docket #08-754; filed 4-28-08]

TITLE 5.  Oklahoma Abstractors Board
CHAPTER 20.  Complaints and Enforcement
[OAR Docket #08-755]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 1. General Provisions [NEW]
5:20-1-1 through 5:20-1-5 [NEW]
Subchapter 3. Complaint Investigation Procedures [NEW]
5:20-3-1 through 5:20-3-2 [NEW]
Subchapter 5. Formal Complaint Procedures [NEW]
5:20-5-1 through 5:30-5-9 [NEW]
AUTHORITY:
Title 1, Oklahoma Statutes, Section 22 et seq., "Oklahoma Abstractors Act"; Oklahoma Abstractors Board
DATES:
Adoption:
March 6, 2008
Approved by Governor:
April 17, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
None.
INCORPORATIONS BY REFERENCE:
None.
FINDING OF EMERGENCY:
Imminent peril exists to the preservation of the public health, safety, or welfare and a compelling public interest requires these emergency rules to be adopted, for the reason that these rules provide for procedures to be established to supplement and complete the Oklahoma Abstractors Act. Without such emergency rules, the Board cannot effectively and efficiently embark upon the regulation, licensure, and administration of those holders of Certificates of Authority, applicants for Permits and Licensees, including the filing of complaints, conducting investigations, and enforcing the Oklahoma Abstractors Act.
ANALYSIS:
The proposed rules provide for key definition of terms covered under the statute. It further sets forth the general procedures for the filing of a complaint, the investigation of a complaint, resolution of complaints, instituting a formal complaint, and the hearings process, including due process. These emergency rules are necessary to establish the procedures for the public and other licensees to file a complaint, and the process for prosecution of same. These are necessary to establish the basic investigation, administrative hearing and resolution procedures.
CONTACT PERSON:
Monica Wittrock, Chairman (405) 232-3258
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. §253(D):
SUBCHAPTER 1.  General Provisions
5:20-1-1.  Administrative Procedures Act
     The procedure for complaints, notice, hearing procedures, and regulation of matters covered by the rules of this Chapter shall be governed by the Administrative Procedures Act, and any conflict between the provisions of this Chapter and the Act, the Act shall govern.
5:20-1-2.  Filing complaints
(a)    Any person having a complaint, which alleges violation or noncompliance with the Oklahoma Abstractors Act or the rules of the Board implementing that act, may address the complaint to the Board at its principle office.
(b)    The complaint shall be in writing and signed by the complainant. It shall contain a clear and concise statement of the facts, including the names, addresses significant to the complaint, and sufficient information to reveal the alleged violations and the facts on which the alleged violations are based.
(c)    When a complaint is the result of information contained in a published source, an original copy of the publication with date published and full name of the publishing entity shall be filed with the Board.
(d)    In the event a complaint is received by an individual member of the Board or any member of the Board staff, the information shall be forwarded to the Board office for referral to the Enforcement Committee in accordance with the procedures adopted by the Board for processing other complaints received.
(e)    The individual against whom the complaint has been filed shall be notified of the complaint under investigation and may file a response to the complaint within fifteen (15) business days of receipt of notice of the filing of the complaint.
(f)    The Enforcement Committee shall provide a quarterly report to the Board regarding the status of each pending complaint.
(g)    Any individual who has filed a complaint may request to be notified of the final disposition of the matter.
5:20-1-3.  Investigators
(a)    The Board may appoint one or more individuals to investigate complaints received alleging violations of the Act or the rules of the Board.
(b)    An individual appointed as an investigator may be a volunteer who serves without pay or an individual hired to conduct the investigation. Any individual serving as an investigator shall serve at the pleasure of the Board.
(1)    Individuals who are holders of a certificate of authority, abstract license, or permit shall be eligible to serve as Investigators. Any such individual shall provide sufficient information to the Board to assure no conflict of interest exists in the conduct of an investigation the individual is conducting.
(2)    Other individuals may be appointed as investigators subject to review of their qualifications as they may be significant to the particular type of investigation being conducted.
5:20-1-4.  Special prosecutors
(a)    The Board may appoint a special prosecutor to work with the Enforcement Committee on each complaint under investigation.
(b)    The Board may utilize lawyers licensed to practice law in Oklahoma to serve as special prosecutors in formal proceedings before the Board.
(c)    An individual serving as special prosecutor shall not serve as legal counsel to the Board in the same formal proceeding.
5:20-1-5.  Cost of investigations
(a)    Investigators and Special Prosecutors may be compensated at a rate established by the Board on a case by case basis.
(b)    Investigators and Special Prosecutors may be reimbursed for expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
SUBCHAPTER 3.  Complaint Investigation Procedures
5:20-3-1.  Enforcement committee procedures
(a)    All complaints received by the Board, shall be referred to the Board Enforcement Committee for recommendation for action.
(b)    The Enforcement Committee shall be comprised of at least two (2) members of the Board appointed by the Chairman. In the absence of the Chairman of the Board appointing a Chairman of the Enforcement Committee, the members of the Enforcement Committee shall choose their Chairman.
(c)    Upon receipt of the complaint and information pertaining to the complaint, the Enforcement Committee may make appropriate inquiry to verify the information received.
(d)    The Board may obtain a criminal record check of any applicant from the Oklahoma State Bureau of Investigation or other law enforcement sources.
(e)    Upon completion of the preliminary inquiry, the Enforcement Committee shall take one (1) or more of the following actions:
(1)    Recommend to the Board that the investigation should be terminated because it appears:
(A)    there has been no violation of the law or rules, or
(B)    there is insufficient evidence to support any allegation of a violation.
(2)    Attempt an informal resolution of the allegations of violations contained in the information received.
(3)    Require further investigation.
(4)    Hold the file in abeyance pending receipt of information as a product of an investigation or hearing by another state or federal agency.
(5)    Recommend a specific action by the Board.
5:20-3-2.  Responsibility of investigators
(a)    Upon referral from the Enforcement Committee, an investigator shall determine whether there exists sufficient cause to believe that misconduct has occurred which justifies the institution of formal proceedings. Such determination shall be presented to the Enforcement Committee in a report written and signed by the investigator.
(b)    Such report shall contain a summary of the evidence, including any material provided by the accused, conclusions of fact, specific reference to applicable laws and rules, and recommendation with respect to institution of formal proceedings.
(c)    All investigations shall be conducted in a timely manner.
(d)    Upon conclusion of any investigation, the investigators shall promptly report the results to the Enforcement Committee.
SUBCHAPTER 5.  Formal Complaint Procedures
5:20-5-1.  Filing of formal complaint
(a)    The Enforcement Committee and the special prosecutor shall determine if a formal complaint should be filed.
(b)    In the event the Enforcement Committee and the special prosecutor do not agree on whether a formal complaint should be filed, the Chairman of the Enforcement Committee shall prepare a report for the Board. The Board shall make the final determination regarding further action.
(c)    The formal complaint shall be signed by the special prosecutor or the Chairman of the Enforcement Committee. In the event the special prosecutor and the Enforcement Committee do not agree, the Chairman of the committee shall sign the formal complaint.
(d)    The formal complaint shall include a concise statement of the allegations and particular sections of the Act or rules of the Board which are involved.
5:20-5-2.  Violations by holders of a certificate of authority, abstract license, or permit
(a)    In the event the investigation of an allegation against a holder of a certificate of authority, abstract license, or permit concludes that the individual against whom the complaint has been filed is in violation of the Act or the rules of the Board, the Board shall take any authorized action to protect the public from the unauthorized or illegal action of the certificate, license or permit holder.
(b)    The Chairman of the Board shall set a time and place for the hearing of the formal complaint. Notice of the hearing shall be sent to the individual against whom the complaint has been filed not less than twenty (20) days from the date of the hearing at the last known address as shown in the official records of the Board.
(c)    The person against whom the complaint has been filed shall be provided with any material information including any staff memoranda or data to be relied on by the Board.
(1)    At the hearing, the person against whom the formal complaint has been filed shall be afforded an opportunity to contest the reports and other materials referenced.
(2)    The experience, technical competence, and specialized knowledge of the members of the Board may be utilized in the evaluation of the evidence.
5:20-5-3.  Formal complaint hearing procedures
(a)    Hearings will be conducted by one of the following methods, determined by the Board before the hearing begins:
(1)    By the Board;
(2)    By any member of the Board or a designee of the Board acting as a hearing examiner or Administrative Law Judge; or
(3)    By an attorney licensed to practice law in this state appointed by the Board to act as a hearing examiner or Administrative Law Judge.
(b)    All oral proceedings shall be electronically recorded.
(1)    The record shall be transcribed upon request of any party to the proceeding.
(2)    All costs of such transcription shall be paid in advance by the requesting party.
(3)    Upon approval of the Chairman of the Board, the accused, may use a licensed court reporter to transcribe the hearing. The cost of such reporter shall be paid by the accused.
(c)    The hearing record of any formal proceeding shall be open to the public.
5:20-5-4.  Standards for making decision
(a)    The Board may take notice of:
(1)    Judicially cognizable facts, and
(2)    Generally recognized technical or scientific facts within the specialized knowledge of one or more members of the Board.
(b)    The standard of proof in all hearings shall be clear and convincing evidence.
(c)    The Board shall consider past disciplinary action taken against any accused found guilty in any present proceeding. Such past conduct shall not be evidence of guilt in the present proceeding but will be considered only in determining appropriate sanctions to be imposed by the Board in the present proceeding.
(d)    Unless precluded by law, the accused may waive any right granted in the law and proceed by stipulation, agreed settlement, consent order, or default. No provision of this section shall be construed as prohibiting the Board from suspending, or holding in abeyance, any formal proceeding pending the outcome of informal negotiation or informally agreed upon terms.
(e)    All orders shall be in writing and state findings of fact, conclusions of law, and actions to be taken. Final orders shall state their effective date.
5:20-5-5.  Subpoena of witness, documents, or things
(a)    In all cases the Board may issue subpoena or subpoena duces tecum where a party desires to compel the attendance of witnesses after a complaint has been filed.
(b)    When the party, or his attorney, desires to have witnesses subpoenaed to appear before the hearing examiner, a request in writing shall be made by such party or his attorney, giving the name and correct address of any such witness.
(c)    The requesting party shall pay the cost of service.
5:20-5-6.  Discipline for violations by applicants
(a)    An applicant for an abstract license who is alleged to have violated the Act, the rules of the Board, or who subverts or attempts to subvert the examination process shall be subject to disciplinary action by the Board.
(b)    Failure of any applicant to cooperate with an investigation conducted by the Board shall result in denial of the application.
(c)    Upon the determination that the applicant is guilty of the allegations, the Board may impose one (1) or more of the following disciplinary measures on the applicant:
(1)    Withhold the grades on the examination;
(2)    Declare the scores on the examination invalid;
(3)    Disqualification the from holding a certificate of authority, or license permanently or for a specified period of time; or
(4)    Impose other authorized penalties.
5:20-5-7.  Violations by individuals who do not hold a certificate of authority, license or permit
(a)    In the event the investigation of an allegation against an individual who is not a holder of a certificate or abstract license concludes that the accused is in violation of the Act or rules of the Board and that action should be taken to stop the violation, the Board may designate a member of the Board, staff member, or other individual acting for the Board to:
(1)    Send written notice of the accusation, supporting documentation and a copy of the Complaint and Notice of Hearing, to be held not later than sixty (60) days following such notice, to the accused by certified mail, restricted delivery, return receipt requested. Notice may also be given by personal service upon the person of the accused in a manner authorized by the statutes of the State of Oklahoma for service of process in a civil proceeding;
(2)    Provide the accused with a copy of the Act and rules of the Board along with its notification of the accusation and Complaint and Notice of Hearing.
(b)    The Board, at a full and formal hearing, shall make a final determination of the accusations against the accused and issue such permanent cease and desist order, fine, penalty or other action as authorized by the Act and the rules of the Board.
5:20-5-8.  Final orders
(a)    A final order shall be in writing and shall include separate statements of the findings of fact and conclusions of law.
(b)    Findings of fact shall be accompanied by a concise and explicit statement of the evidence supporting the findings. The order shall include a ruling on proposed findings of fact submitted by a party to the proceeding.
(c)    A copy of the final order shall be delivered or mailed forthwith to each party or to their attorney of record as soon as practicable.
5:20-5-9.  Rehearings
(a)    An application for rehearing may be made in writing within ten (10) days of the date of the final order. The petitioner shall set forth one (1) or more of the following as grounds in the rehearing request:
(1)    newly-discovered or newly-available evidence, relevant to the issues;
(2)    need for additional evidence to adequately develop the facts essential to a proper decision;
(3)    probable error committed by the agency in the proceeding or in its decision such as would be ground for reversal on judicial review of the order;
(4)    need for further consideration of the issues and the evidence in the public interest; or
(5)    showing that issues not previously considered ought to be examined in order to properly dispose of the matter.
(b)    Nothing in this Subchapter shall prohibit the Board from rehearing, reopening or reconsidering a matter at any time, on the grounds of fraud practiced by the prevailing party, procurement of perjured testimony, or fictitious evidence, and in accordance with other statutory provisions applicable to the Board.
[OAR Docket #08-755; filed 4-28-08]

TITLE 210.  State Department of Education
CHAPTER 15.  Curriculum and Instruction
[OAR Docket #08-830]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 8. Six-Year Comprehensive Local Education Plan
210:15-8-3. Component of the Six-Year Plan [NEW]
AUTHORITY:
70 O. S. § 3-104, State Board of Education
DATES:
Adoption:
February 28, 2008
Approved by Governor:
April 11, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
FINDING OF EMERGENCY:
The Time Reform Task Force recommended that the self-examination instrument be made available to school districts during second semester of school year 2007-2008 with implementation for school year 2008-2009.
ANALYSIS:
The proposed rule will require all schools to complete the self-examination on their use of school time and to assess the amount of time spent on quality instructional time.
CONTACT PERSON:
Connie Holland, 405-521-3308
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 8.  Six-Year Comprehensive Local Education Plan
210:15-8-3.  Component of the six-year plan
     A component of the six-year plan shall include the self-examination of a school's time spent on quality academic instruction. The State Department of Education will provide the district self-examination tool. Principals, teachers, parents, and district administrators shall be involved with the annual self-examination. Items to be reviewed such as:
(1)    Schools current use of instructional time,
(2)    A description of quality time in its ideal state,
(3)    The barriers to achieving this quality time,
(4)    The steps necessary to achieve the ideal objective,
(5)    Indicators of growth in learning that will demonstrate the effectiveness of proposed changes and,
(6)    The benefits of the proposed changes.
[OAR Docket #08-830; filed 5-7-08]

TITLE 210.  State Department of Education
CHAPTER 20.  Staff
[OAR Docket #08-831]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 24. Science and Mathematics Advanced Recruiting Technique (SMART) Program [NEW]
210:20-24-1. Purpose [NEW]
210:20-24-2. Science and Mathematics Advanced Recruiting Technique (SMART) Program [NEW]
AUTHORITY:
70 O. S. § 3-104, State Board of Education
DATES:
Adoption:
February 28, 2008
Approved by Governor:
April 11, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
FINDING OF EMERGENCY:
The legislation is to be enacted for recruiting new employees for the 2008-2009 school year. The rule change must be in place immediately in order for school districts to recruit eligible employees. The purpose of the new rules is to create the Science and Mathematics Advanced Recruiting Technique (SMART) Program pursuant to 62 O. S. § 46.3 which became effective July 1, 2007.
ANALYSIS:
The proposed new rules for the Science and Mathematics Advanced Recruiting Technique (SMART) Program outline components important to implementation of the program. The rules include identification criteria for the persons who will receive the one-time recruitment fund and application requirements for public school districts to identify qualified personnel.
CONTACT PERSON:
Connie Holland, 405-521-3308
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 24.  Science and Mathematics Advanced Recruiting Technique (Smart) Program
210:20-24-1.  Purpose
     This rule prescribes procedures to be used in implementing the Science and Mathematics Advanced Recruiting Technique (SMART) Program pursuant to the provisions of state statute 62 O.S. 46.3.
210:20-24-2.  Science and Mathematics Advanced Recruiting Technique (SMART) Program
(a)    The State Department of Education shall dispense recruitment funds to public school districts recruiting persons who meet all of the following criteria:
(1)    Persons who hold an advanced degree in science, mathematics or both such disciplines (an advanced degree means a masters degree or above in the specific discipline);
(2)    Persons who have not previously taught for a full academic year in an Oklahoma public school while holding an advanced degree in science, mathematics or both such disciplines; and
(3)    Persons for whom recruitment funds have never been received through the SMART Program.
(b)    Advanced degrees in mathematics education and science education do not qualify.
(c)    While funding is available, each eligible full-time employee teaching in the subject area matching the advanced degree shall receive a one-time payment of $7,500 from the recruitment funds. The public school district shall receive the payment plus the employer's share of FICA and Teacher Retirement contribution.
(d)    Payments from the recruitment funds shall be prorated based on the FTE in the subject area matching the advanced degree.
(e)    Public school districts in the state recruiting eligible persons shall submit applications for recruitment funds. All applications shall be reviewed by a panel appointed by the State Superintendent. The recruitment funds shall be dispensed in the order applications are received subject to the availability of funds.
[OAR Docket #08-831; filed 5-7-08]

TITLE 210.  State Department of Education
CHAPTER 20.  Staff
[OAR Docket #08-832]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 37. Adjunct Teachers
210:20-37-2. Adjunct Teachers [AMENDED]
AUTHORITY:
70 O. S. § 3-104, State Board of Education
DATES:
Adoption:
February 28, 2008
Approved by Governor:
April 11, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
FINDING OF EMERGENCY:
Would allow administrative personnel flexibility in making coaching assignments knowing alternative offerings were available. This would also allow coaches additional resource if course could not be scheduled through college or university.
ANALYSIS:
Proposed rule would require all coaches to take a course of care and prevention of athletic injuries and have valid teaching certificates.
CONTACT PERSON:
Connie Holland, 405-521-3308
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 37.  Adjunct Teachers
210:20-37-2.  Adjunct teachers
     Rules which pertain to adjunct teachers are:
(1)    The local school district shall determine the specific qualifications, duties, and responsibilities of adjunct teachers.
(2)    The employment of persons to serve as adjunct teachers shall be approved by the local board of education.
(3)    The local district shall request a felony record search of any person approved for adjunct employment.
(4)    Formal notification of the employment of adjunct teachers shall be provided to the State Department of Education within thirty (30) days of the date of employment.
(5)    Hours taught while serving as an adjunct teacher shall not count towards teaching experience or recency for purposes of meeting certification or recertification requirements, tenure, or retirement benefits.
(6)    Adjunct teachers employed to coach school athletic teams shall have successfully completed a college course in the care and prevention of athletic injuries.
[OAR Docket #08-832; filed 5-7-08]

TITLE 210.  State Department of Education
CHAPTER 30.  School Facilities and Transportation
[OAR Docket #08-833]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 5. Transportation
210:30-5-1. District operation and management [AMENDED]
AUTHORITY:
70 O. S. § 3-104, State Board of Education
DATES:
Adoption:
February 28, 2008
Approved by Governor:
April 11, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
FINDING OF EMERGENCY:
This is considered an emergency based upon the fact that many students are being denied school transportation services. The rule amendments will allow the affected students to receive transportation and reduce the hardship the old rule placed upon the parents.
ANALYSIS:
Rules are being amended to allow students transferring from elementary school districts to independent school districts which are not in their transportation area to receive transportation. The rules also amend the hourly requirement for the school bus driver certification course.
CONTACT PERSON:
Connie Holland, 405-521-3308
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 5.  Transportation
210:30-5-1.  District operation and management
(a)     Administration. The local superintendent and board of education shall be held responsible for applying these regulations to all pupil transportation under their administration and supervision. In keeping with this responsibility, each local board of education shall examine and periodically review the school district's bus fleet liability insurance coverage and its tort liability insurance coverage to assure such coverages are coordinated to protect the interest of the students, general public, and school district. Any school district maintaining a school may provide transportation with the approval of the State Board of Education.
(b)     Students.
(1)    A student must live in a school district authorized by law to furnish transportation.
(2)    A student must live one and one-half (1 1/2) miles or more by commonly traveled road from the school attended. Students living less than one and one-half (1 1/2) miles from school may be transported, but shall not be counted in determining state aid.
(3)    A normal school day consists of not less than six (6) hours, exclusive of lunch period, with the exception of the first and kindergarten grades. Transportation may be provided for kindergarten age students to and from school during the normally scheduled morning and evening bus operation. Districts desiring to provide additional transportation for kindergarten students at midday may do so at local district expense but it is not required.
(4)    The local school district is responsible for providing transportation for an eligible special education student when transportation has been identified as "related service" necessary to enable the student to receive the educational services outlined in his/her Individualized Education Program (IEP).
(5)    Students living in a school district not offering the grade which they are entitled to pursue are entitled to transportation to a school authorized by law to provide transportation to and from school provided they have been legally transferred and reside in the transportation area.
(c)     Activities. All Oklahoma school districts shall develop policies and procedures authorizing transportation for extracurricular activities and community involvement purposes as authorized by 70 O.S. § 5-130.
(d)     Routes and boundaries. All school bus routes shall be evaluated annually for safety and efficiency by the local school district supervisor of transportation or designee.
(1)     Boundaries.
(A)    A change in transportation area made after July 1, will not become effective until the next July 1, unless all boards of education affected agree to the proposed change.
(B)    An elementary area that has been assigned to a high school transportation area may be changed to another high school transportation area by mutual agreement, in writing, by the three (3) boards of education affected and the approval of the State Board of Education.
(C)    A part or all of an elementary school district that is isolated from the remainder of the school district's transportation area because of topography or previous annexations to another high school district, may be changed from one high school district's transportation area to another high school district's transportation area if the State Board of Education determines the change should be made on the basis of good administration.
(D)    When a dependent school district is surrounded by an independent school district, that district must be designated as the transportation area for the high school students.
(E)    An independent school district's transportation route may extend into a dependent school district's territory to pick up students whose grade is not offered in the dependent district, if the area is within its transportation area.
(F)    Upon mutual agreement of two (2) school districts, a school district may cross a portion of another district provided the doors of the school bus are kept closed.
(2)     Petition for changing boundary lines.
(A)    Seventy percent (70%) of the legal voters residing in a district who have children eligible to attend a public school (grades K through 12) or who have children under the age of five (5) may petition the State Board of Education for an election to change any part or all of a district from one transportation area to another.
(B)    The State Board of Education will approve a convenient date for an election, supply ballots, and send a representative to assist with the election.
(C)    If fifty-one percent (51%) of all such legal voters in the district vote for the change, the election makes a good recommendation to the State Board of Education.
(3)     Changing areas, high school districts discontinued. High school districts and/or elementary school districts that must be placed in one or more high school transportation area or areas because a high school has been discontinued may be placed in a transportation area or areas on the following basis:
(A)    All or part of District "A" may be placed in the transportation area of high school District "B", whose transportation area is not adjacent to District "A", provided high school District "C", which has transportation area that separates District "A" from District "B" transportation area, appears to be in jeopardy of being discontinued itself, and provided the number of people in District "A", who want to be placed in the transportation area of District "B", justifies such an arrangement. People in District "A" requesting these arrangements to enable them to annex to District "B" will be given much more consideration than those desiring to transfer only.
(B)    No portion of a school district that is adjacent to a high school district's transportation area, but is separated from the high school area by a natural barrier, will be placed in the high school district's transportation area unless or until there is a road connecting the two (2) areas that is maintained in a manner that will justify the operation of a school bus over the road across the barrier.
(e)     School bus.
(1)     Equipment.
(A)    Transportation equipment used to transport ten (10) or more public school children at one time shall meet all the minimum standards required for Types A, B, C, and D buses.
(B)    Vehicles having a seating capacity of fewer than (10) passengers, excluding the operator, are not required to meet the State minimum standards for school buses.
(2)     School bus inspections.
(A)    A driver shall perform a daily pre-trip safety inspection of the vehicle. The inspection shall include brakes, lights, tires, exhaust system, gauges, windshield wipers, steering and fuel. The driver shall make a daily written report describing the condition of the bus and listing any deficiencies. This report is to remain on file with the local Chief Administrative Officer or designee for a period of ninety (90) days.
(B)    A school district shall have each school bus mechanically inspected annually by an inspector approved by the Oklahoma State Department of Education.
(C)    At least twice during each school year, each pupil who is transported in a school vehicle shall be instructed in safe riding practices, and participate in emergency evacuation drills. This instruction should be conducted during the first two weeks of each semester.
(3)     School bus inspector qualifications.
(A)    Any person licensed to inspect school buses by the Department of Public Safety under the Motor Vehicle Laws of Oklahoma prior to July 1, 2001, may be qualified to perform annual school bus inspections.
(B)    Any person not meeting the qualifications as prescribed in (A) may be qualified to perform the annual school bus inspection by submitting proof to the Oklahoma State Department of Education that they meet the following qualifications:
(i)    Two years experience as an automotive technician and certification by the Association for Automotive Service Excellence (ASE), or
(ii)    Any person qualified to perform inspections under the Federal Motor Carrier Safety Act, appendix G.
(iii)    Any person successfully completing an Inspector's Training Course approved by the Oklahoma State Department of Education.
(4)     Standards and school bus specifications.
(A)    The NATIONAL MINIMUM STANDARDS FOR SCHOOL BUSES applies to school bus construction and equipment. The Oklahoma State Board of Education has accepted the various methods bus manufacturers use to meet the requirements of these standards and all requirements under the Federal Motor Vehicle Safety Standards. (P.L. 89-563) The responsibility for compliance with Federal and State bus specifications rests with dealers and manufacturers.
(B)    State Standards in addition to Federal Requirements also apply as follows:
(i)    The seller of any used or previously owned school bus shall certify to the local board of education that any such transportation equipment meets all Oklahoma and National Standards required for the date of its manufacture.
(ii)    School buses converted for purposes other than transporting pupils to or from school shall be painted a color other than national school bus yellow with loading lights disconnected.
(iiiii)    A church bus transports persons including school-age children to and from religious services. The words "church bus" in letters not less than eight (8) inches in height shall be contained on the front and rear of the bus. Visual signals shall be used when the vehicle is stopped on the highway receiving or discharging passengers. Church buses used for the purpose of transporting children to and from schoolschools accredited by the State Department of Education shall be painted national school bus yellow.
(iviii)    A copy of the invoice on all purchases of new chassis and/or bodies shall be submitted to the Transportation Officer of the State Department of Education.
(C)    School districts that convert or have converted school buses to Liquefied Petroleum Gas (LPG) shall comply with safety standards prescribed by the National Fire Protection Association, Standard No. 58 (NFPA-58) and the Oklahoma Liquefied Petroleum Gas Administration. In order to insure safe installation and proper maintenance of equipment, all personnel must also meet the following existing requirements of the Oklahoma Liquefied Petroleum Gas Administration: "No person, firm, corporation, association, or other entity shall engage in the manufacturing, assembling, fabrication, installing, or selling of any system, container, or apparatus to be used in this State in or for the transportation, storing, dispensing, or utilization of LPG, nor shall any transporter, distributor, or retailer of LPG store, dispense and/or transport over the highways of this State any LPG for use in this State in any system, container, apparatus, or appliance without having first obtained a permit to do so as provided..."
(f)     Special education.
(1)     Loading responsibility. The local school district is responsible for the special education child from the time the student is loaded at the "home curb" until returned and unloaded at the "home curb". The parent or their designee is responsible for "door-to-curb", "curb-to-door", and "street crossing" of the child to the designated loading and unloading point.
(2)     Extended boundaries. Based upon mutual agreement between two participating school districts, a school district offering special education classes may extend its transportation program to include the transportation of students qualifying for special education in an adjacent school district which does not offer special education classes.
(g)     School bus driver certification.
(1)     General criteria.
(A)    No board of education shall have authority to enter into any written contract with a school bus driver who does not hold a valid certificate issued by the State Board of Education authorizing said bus driver to operate a school bus.
(B)    The State Board of Education requires all public school bus drivers to complete a school bus drivers training course approved by the State Department of Education to obtain a standard certificate.
(C)    All school bus drivers must have not less than 20-40 vision (Snellen) in each eye and not less than 20-40 vision (Snellen) with both eyes and a minimum field of vision of 70 degrees horizontal median vision in each eye.
(D)    Any person with diabetes requiring insulin by injection shall not be eligible for a school bus certificate.
(E)    The use of tobacco by a school bus driver is not permitted during the operation of the bus while hauling pupils. The use of any intoxicating or nonintoxicating alcoholic beverage by the driver eight (8) hours prior to or during the operation of a school bus is strictly prohibited. The use of any controlled dangerous substance seventy-two (72) hours prior to or during the operation of a school bus is strictly prohibited. The possession of any controlled dangerous substance on a school bus is strictly prohibited.
(F)    All school bus drivers shall have an annual health certificate signed by a physician licensed by this state filed in the office of the local Chief Administrative Officer or designee attesting that such physician has examined the applicant and that the applicant has no sign or symptoms of ill health, and is otherwise, from the observation of such physician, physically and mentally capable of safely operating a school bus. As an alternative to the annual physical examination requirements for school bus drivers, school districts may adopt a policy that utilizes a biannual physical examination, provided the examination is in compliance with the physical qualifications and examination requirements of the Federal Motor Carrier Safety Act, Subpart E 391.41 to 391.50.
(G)    Substitute and activity school bus drivers shall meet all the requirements prescribed for regular bus drivers.
(H)    At a minimum, the Chief Administrative Officer or designee shall conduct an annual driving record check of all school bus drivers, including substitute and activity drivers. The Oklahoma State Department of Education shall be immediately notified of any violation(s) that make a school bus driver ineligible to hold an Oklahoma School Bus Driver's Certificate.
(2)     Certificate requirements.
(A)    The Chief Administrative Officer or designee shall certify to the State Department of Education that each applicant submitted for Standard Five-Year Certification:
(i)    Is at least 18 years of age.
(ii)    Has successfully completed a twenty-four hour special school bus drivers' course approved by the State Department of Education.
(iii)    Holds a valid Commercial Drivers license (CDL) appropriate for the type of vehicle driven with the proper endorsements required by the Department of Public Safety.
(iv)    Has not been convicted, plead guilty, or nolo contendere to a felony during the last ten years.
(v)    Has passed a driving record check, and no certificate shall be issued to any person who, within the preceding three years:
(I)    Has had a license suspended or revoked, canceled or withdrawn pursuant to the Implied Consent Laws at 47 O.S. §751 et seq.
(II)    Has a conviction for a violation of 47 O.S. §11-902 which includes driving, operating or being in actual physical control of a vehicle while under the influence of alcohol or any intoxicating drug.
(III)    Has been convicted or plead guilty to a violation of 47 O.S. §761, operating a motor vehicle while impaired by consumption of alcohol.
(IV)    Has been convicted of any municipal violation of driving under the influence of alcohol or drugs or operating a motor vehicle while impaired or being in actual physical control of a motor vehicle while impaired.
(V)    Has had four or more traffic violations. (excluding parking violations)
(B)    The Chief Administrative Officer or designee shall certify to the State Department of Education that the applicant for an Emergency One-Year School Bus Driver Certificate (Not Renewable).
(i)    Is at least 18 years of age.
(ii)    Holds a valid Commercial Drivers License with the proper endorsements required by the Department of Public Safety.
(C)    Requirements for Renewal of the Standard Five-Year Certificate include:
(i)    Every five years, each driver shall have successfully completed 4 hours per year of inservice training approved by the State Department of Education.
(ii)    The local Chief Administrative Officer or designee shall certify to the State Department of Education that the applicant meets all requirements for standard certification, [47 O.S. § 15-109]
(iii)    Each applicant has a health certificate on file signed by a licensed physician and meets all vision requirements and is not dependent upon insulin by injection,
(iv)    Each applicant has not been convicted or plead guilty of a felony in the last ten years, and
(v)    A driving record has been checked and meets State Board of Education requirements for certification.
[OAR Docket #08-833; filed 5-7-08]

TITLE 210.  State Department of Education
CHAPTER 35.  Standards for Accreditation of Elementary, Middle Level, Secondary, and Career and Technology Schools
[OAR Docket #08-834]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 17. Co-Curricular and Extracurricular Programs
210:35-17-2. Co-curricular and extracurricular programs [AMENDED]
AUTHORITY:
70 O. S. § 3-104, State Board of Education
DATES:
Adoption:
February 28, 2008
Approved by Governor:
April 11, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
FINDING OF EMERGENCY:
School districts will begin scheduling 2008-2009 activities in the near future.
ANALYSIS:
Proposed rule amendments will require all state accredited schools to follow Oklahoma Secondary School Activities Association (OSSAA) guidelines related to student eligibility to participate in extracurricular activities, activity absences, number of games allowed, and length of season.
CONTACT PERSON:
Connie Holland, 405-521-3308
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 17.  Co-Curricular and Extracurricular Programs
210:35-17-2.  Co-curricular and extracurricular programs
(a)    Co-curricular and extracurricular programs shall provide opportunities for developing leadership ability and stimulate active participation of all students in appropriate school organization and community activities according to their aptitudes and interests.
(b)    Co-curricular and extracurricular programs shall be planned through the cooperative efforts of the teachers and students and shall be organized and administered so as to contribute to the educational objectives of the school.
(1)    Students shall not participate in a particular activity more than one period during the regular school day.
(2)    A member of the teaching staff shall be in charge of each activity. The sponsors shall be directly responsible to the principal or some person appointed by the administration to direct the activities of the school.
(3)    The State Board of Education encourages all elementary, middle, junior high, and secondary students to be in attendance in their regularly scheduled classes so that maximum learning can occur. Educational programs are built on the foundation of continuity of instruction and participation in the classroom setting. Consistent classroom attendance can assist students toward development of strong work habits, responsibility and self-discipline. Since the educational merit of the co-curricular and extracurricular programs is recognized, the goal of the State Board of Education is to facilitate a balanced education for each student. It is with these goals and philosophy that the State Board of Education establishes the following attendance/activities regulations:
(A)    It is the intent of the State Board of Education that the superintendent or elementary superintendent and local board of education annually review the scheduling of co-curricular and extracurricular activities so that minimal interruptions occur in the instructional program of a student. The Oklahoma Secondary Activities Association (OSSAA) guidelines related to student eligibility to participate in extra-curricular activities, activity absences, number of games allowed, and length of season shall be applicable to all Oklahoma public schools and students.
(B)    The maximum number of absences for activities, whether sponsored by the school or outside agency/organization, which removes any student from the classroom shall be ten for any one class period of each school year. Excluded from this number are state and national levels of school-sponsored contests. State and national contests are those for which a student must earn the right to compete. The criteria for earning the right to represent the school in any activity or contest must be submitted in writing by local school sponsors and approved by the local board of education.
(C)    Each local board of education shall appoint, at the beginning of the school year, an Internal Activities Review Committee. This committee shall be responsible for reviewing and recommending any deviation of the activities policy to the local board of education. Any deviation from the ten days absence rule shall not exceed five days.
(D)    Each school district shall be responsible for maintaining an addendum to the attendance records to verify the conditions within the school system that apply to regulation (3) (B) of this subsection.
(E)    Procedures for filing complaints are:
(i)    A signed written complaint must first be filed with the local board of education. If the complaint is not resolved at the local level then the complaint should be filed with the Accreditation Section of the State Department of Education. Upon receipt of the complaint the Accreditation Section shall appoint a monitoring team to make an on-site visit and file a written report to the State Board of Education and Accreditation Section. This complaint must include a list of the name(s) of the student(s), date(s) and class(es) missed which exceed the regulation in (3) (B) of this subsection.
(ii)    The school district shall provide to the monitoring team during the on-site visit the necessary records to verify or deny the violation as specified in the written complaint.
(iii)    The monitoring team shall submit a written report to the superintendent or elementary superintendent and local board of education within 10 school days of the on-site visit.
(F)    Upon the recommendation of the monitoring team the superintendent or elementary superintendent may be called to appear before the State Board of Education for determination of the appropriate action to be taken. In cases of flagrant violation state funds may be deducted/withheld from the school district.
[OAR Docket #08-834; filed 5-7-08]

TITLE 210.  State Department of Education
CHAPTER 40.  Grants and Programs-In-Aid
[OAR Docket #08-835]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 87. Rules for Payment to Charter Schools
210:40-87-5. Charter school application [NEW]
AUTHORITY:
70 O. S. § 3-104, State Board of Education
DATES:
Adoption:
February 28, 2008
Approved by Governor:
April 11, 2008
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2009, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
FINDING OF EMERGENCY:
Legislation has created the need for this rule. House Bill 1589, which was passed during the 2007 Legislative Session, requires implementation by January 2008.
ANALYSIS:
The State Department of Education will provide training on the process and requirements for establishing a charter school. The State Department of Education will accept approved applications in order of receipt to determine that the application does not exceed the statutory limit established in 70 O. S. § 3-134.
CONTACT PERSON:
Connie Holland, 405-521-3308
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 87.  Rules for Payment to Charter Schools
210:40-87-5.  Charter school application
(a)     Training. Prior to submission of any additional applications to a proposed sponsor to establish a charter school, the prospective charter school applicant shall complete training as provided by the State Department of Education. The training shall include but not be limited to the following:
(1)    Process and requirements for establishing a charter school
(2)    Relevant Rules and Statutes pertaining to Charter Schools
(3)    Child Nutrition/Free and Reduced Lunch
(4)    Audits/State Aid/OCAS Reporting
(5)    School Personnel/Transportation
(6)    Curriculum/Gifted and Talented/Student Assessment
(7)    The WAVE Requirements
(8)    Open Meeting/Open Records/Ethics
(9)    Special Education
(b)     Establishment of a new charter school. A new charter school will be considered established when a charter school application complies with 70 O.S. § 3-134 and is approved by the governing board of a sponsoring entity set forth in 70 O.S. § 3-132.
(c)     Processing the receipt of approved charter school applications. All charter schools established pursuant to 70 O.S. Supp 2007 § 3-132(3)(4) must file charter documents with the State Department of Education, Legal Services Section. The following documents must be filed:
(1)    a copy of the sponsor's board minutes approving the charter school application, and
(2)    a copy of the approved contract for the new charter school.
(d)     Determining the number of new charter schools. Determinations regarding the statutory maximum number of new charter schools established annually shall be made by the Oklahoma State Department of Education based upon the order of receipt of the documents referenced in section c of this rule. Funding for a new charter school shall not be allocated if the establishment of a new charter school exceeds the statutory limit referenced in 70 O.S. § 3-142.
[OAR Docket #08-835; filed 5-7-08]


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 10.  Oklahoma Accountancy Board
CHAPTER 15.  Licensure and Regulation of Accountancy
[OAR Docket #08-756]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
10:15-1-2. [AMENDED]
Subchapter 3. Requirements to Practice Public Accountancy
10:15-3-4. [AMENDED]
10:15-3-5. [NEW]
Subchapter 18. Computer-Based Examination
10:15-18-1. [AMENDED]
10:15-18-4. [AMENDED]
Subchapter 21. Reciprocity
10:15-21-1. [AMENDED]
Subchapter 22. Substantial Equivalency
10:15-22-2. [NEW]
Subchapter 24. Return of Certificate or License [NEW]
10:15-24-1. [NEW]
10:15-24-2. [NEW]
Subchapter 25. Permits
10:15-25-2. [AMENDED]
10:15-25-3. [AMENDED]
10:15-25-5. [AMENDED]
Subchapter 27. Fees
10:15-27-14. [AMENDED]
Subchapter 30. Continuing Professional Education
10:15-30-2. [AMENDED]
10:15-30-3. [AMENDED]
10:15-30-5. [AMENDED]
10:15-30-6. [AMENDED]
10:15-30-9. [AMENDED]
Subchapter 33. Peer Review
10:15-33-2. [AMENDED]
10:15-33-3.1. [REVOKED]
10:15-33-4. [AMENDED]
10:15-33-5. [AMENDED]
10:15-33-6. [AMENDED]
10:15-33-7. [AMENDED]
Subchapter 37. Enforcement Procedures
10:15-37-7. [AMENDED]
Subchapter 39. Rules of Professional Conduct
10:15-39-1. [AMENDED]
AUTHORITY:
Oklahoma Accountancy Board, 59 O.S. Section 15.5.B.6
DATES:
Comment Period:
January 15, 2008 through February 15, 2008
Public Hearing:
February 15, 2008
Adoption:
February 22, 2008
Submitted to Governor:
February 28, 2008
Submitted to House:
February 28, 2008
Submitted to Senate:
February 28, 2008
Gubernatorial Approval:
April 11, 2008
Legislative Approval:
Failure of the Legislature to disapprove the rules resulted in approval on April 24, 2008
Final Adoption:
April 24, 2008
Effective:
July 1, 2008
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATIONS BY REFERENCE:
n/a
ANALYSIS:
Amendments to the general provisions rules delete definitions unused in the Oklahoma Accountancy Act (Act) or Oklahoma Administrative Code (Code) or those already defined in the Act. Amendments to the requirements to practice public accountancy clarify the circumstances under which individuals who provide expert witness testimony must hold a permit. The amendment to the reciprocity rules removes an outdated requirement that a certificate of good standing must have been issued not more than sixty days prior to the filing of the application for reciprocity, allowing the agency to provide a timelier turnaround for reciprocal applications. As a condition for the renewal of permits, Section 15.30 of the Act provides that the OAB may require applicants that perform review or audit services to undergo peer review. Heretofore, a non-resident sole proprietorship seeking practice privileges to perform attest services in Oklahoma under the substantial equivalency provision was not required to hold a permit and therefore was not subject to the peer review requirement. The amendment to the substantial equivalency rules will require these sole proprietors to register with the Oklahoma Accountancy Board (OAB) and obtain a permit to practice. This will then make them subject to the peer review requirement, the same as any firm or any registrant of the OAB. The subchapter regarding the return of the CPA certificate or PA license is added to replace OAB policy about the return of these documents, making the requirements readily available to any registrant considering relinquishing his/her certificate or license. Section 15.14A of the Act provides that individuals who provide services defined in the Act as the practice of public accounting must hold a permit to practice. The amendment to the permit rules clarify that licensed attorneys providing tax services as attorneys and who do not display the CPA certificate or PA license or have any reference to their certification or licensure on professional stationery, business cards or on printed or electronic format are not required to hold a permit to practice. The amendment to the fee rules incorporates new language from the AICPA Peer Review Standards. No fees are being added or changed. Section 15.35.D of the Act requires the OAB to adopt rules regarding continuing education. The amendments to the continuing professional education rules decrease the ethics requirement from 2 hours every year to 4 hours in each rolling 3-calendar-year period, effective January 1, 2009. They also provide that the AICPA ethics examination required to obtain an initial permit or to renew a lapsed permit be completed within the previous calendar year or within the 365-day period immediately preceding the date of the application for permit. Another amendment clarifies that the ethics CPE requirement may be met by courses from other licensed professional disciplines that relate directly to the practice of public accounting and on ethical codes in jurisdictions other than Oklahoma. Additional amendments clarify the rules regarding the verification of CPE credit which were previously handled by OAB policy and the ethics requirement for registrants re-entering active status. Amendments to the peer review rules are made to incorporate new language from the AICPA Peer Review Standards, revoke the rule requiring that any individual or firm performing a peer review for registrants in Oklahoma be registered and hold a valid permit to practice, and remove outdated wording and provide update verbiage regarding services requiring a peer review. A previous OAB policy providing that the results of hearings for applicants or candidates will not be published in the OAB's newsletter is added to the enforcement procedures rules. Amendments to the rules of professional conduct remove outdated references and provide needed clarification resulting from the revocation of Subparagraph 10:15-39-6 in a previous rules promulgation. Any other amendments to the rules in Chapter 15 are non-substantive and made for purposes of clarification or to correct references changed in a previous rules promulgation.
CONTACT PERSON:
Edith Steele (405) 521-2397
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.8(A), WITH AN EFFECTIVE DATE OF JULY 1, 2008:
SUBCHAPTER 1.  General Provisions
10:15-1-2.  Definitions
     In addition to the terms defined in the Oklahoma Accountancy Act, the following words or terms shall be applied when implementing that Act and, when used in this Chapter shall have the following meaning, unless the context clearly indicates otherwise:
"Accounting information system (AIS)" means a subsystem of the management information system within an organization. The accounting information system collects and records financial and related information used to support management decision making and to meet both internal and external financial reporting requirements. An AIS system includes, but is not limited to, the accounting for transactions cycles such as revenues and receivables, purchases and payables, payroll, inventory, cash receipts and cash disbursements, and related data based systems.
"Act" means the Oklahoma Accountancy Act, Oklahoma Statutes, Title 59, §§ 15.1 through 15.38, dealing with the practice of public accountancy in Oklahoma.
"Active" when used to refer to the status of a registrant, describes an individual who possesses a certificate or license and who has not otherwise been granted "retired" or "inactive" status.
"Advanced" means the learning activity level most useful for individuals with mastery of the particular topic. This level focuses on the development of in-depth knowledge, a variety of skills, or a broader range of applications. Advanced level programs are often appropriate for seasoned professionals within organizations; however, they may also be beneficial for other professionals with specialized knowledge in a subject area.
"Audit sensitive" means activities of an individual which are normally an element of or subject to significant internal accounting controls. For example, the following positions, which are not intended to be all inclusive, would normally be considered audit sensitive, even though not positions of significant influence: cashier, internal auditor, accounting supervisor, purchasing agent, or inventory warehouse supervisor.
"Basic" means the learning activity level most beneficial to registrants new to a skill or an attribute. These individuals are often at the staff or entry level in organizations, although such programs may also benefit a seasoned professional with limited exposure to the area.
"Close relative" means a non-dependent child, stepchild, brother, sister, grandparent, parent, parent-in-law, and their respective spouses of a registrant. Close relatives of the registrant do not include the brothers and sisters of the spouse of the registrant.
"Code" means Title 10 of the Oklahoma Administrative Code.
"Compensation" means the receipt of any remuneration of any kind for public accounting services, including but not limited to salary, wages, bonuses or receipt of any tangible or intangible thing of value.
"Continuing Professional Education" means an integral part of the lifelong learning required to provide competent service to the public. The set of activities that enables registrants to maintain and improve their professional competence.
"CPE" means continuing professional education.
"CPE credit" means fifty minutes of participation in a group, independent study or self-study program. One-half CPE credit increments (equal to 25 minutes) are permitted after the first credit has been earned in a given learning activity.
"CPE program sponsor" means the individual or organization responsible for setting learning objectives, developing the program materials to achieve such objectives, offering a program to participants, and maintaining the documentation required by these standards. The term CPE program sponsor may include associations of CPAs or PAs, whether formal or informal, as well as employers who offer in-house programs.
"Domicile" means an individual's place of residence.
"Engagement team" means auditors who are required to exercise significant judgment in the audit process and would include positions where the auditor was the person in charge of the fieldwork up through partner on the engagement.
"Evaluative feedback" means specific response to incorrect answers to questions in self-study programs. Unique feedback must be provided for each incorrect response, as each one is likely to be wrong for differing reasons.
"Examining Authority" means the agency, board or other entity, of the District of Columbia, or any state or territory of the United States, entrusted with the responsibility for the governance, discipline, registration, examination and award of certificates, licenses or conditional credits for certified public accountants or public accountants and the practice of public accountancy in said jurisdictions.
"Firm" means a professional entity which is legally constituted in accordance with Oklahoma statutes to engage in accountancy.
"Generally accepted accounting principles" means the same as "Statement on Auditing Standards No. 69, The Meaning of Present Fairly in Conformity With Generally Accepted Accounting Principles in the Independent Auditor's Report" adopted in 1992, and issued by the American Institute of Certified Public Accountants and subsequent amendments.
"Generally accepted auditing standards" means those standards which are used to measure the quality of the performance of auditing procedures and the objectives to be obtained by their use. Statements on Auditing Standards issued by the American Institute of Certified Public Accountants, Standards for Audit of Government Organizations, Programs, Activities and Functions issued by the Comptroller General of the United States, Standards of the Public Company Accounting Oversight Board (PCAOB) and other pronouncements having similar generally recognized authority, are considered to be interpretations of generally accepted auditing standards, and departures from such pronouncements, where they are applicable, must be justified by those who do not follow them.
"Group program" means an educational process designed to permit a participant to learn a given subject through interaction with an instructor and other participants either in a classroom or conference setting or by using the Internet.
"Immediate family members" means the registrant's, or his/her spouse's, lineal and collateral heirs.
"Inactive" used to refer to the status of a registrant who is exempt from complying with the CPE requirements as provided in Subchapter 10:15-30-8(a) (2), (3) and (4). 10:15-30-8(1)(B),(C),(D), and (E). However, inactive status does not preclude volunteer services for which the inactive registrant receives no direct or indirect compensation so long as the inactive registrant does not sign any documents related to such services as a CPA or PA.
"Independent study" means an educational process designed to permit a participant to learn a given subject under a learning contract with a CPE program sponsor.
"Instructional methods" means delivery strategies such as case studies, computer-assisted learning, lectures, group participation, programmed instruction, teleconferencing, use of audiovisual aids, or work groups employed in group, self-study, or independent study programs.
"Intermediate" means learning activity level that builds on a basic program, most appropriate for registrants with detailed knowledge in an area. Such persons are often at a mid-level within the organization, with operational and/or supervisory responsibilities.
"Internet-based programs" means a learning activity, through a group program or a self-study program, that is designed to permit a participant to learn the given subject matter via the Internet. To qualify as either a group or self-study program, the Internet learning activity must meet the respective standards.
"Learning activity" means an educational endeavor that maintains or improves professional competence.
"Learning contract" means a written contract signed by an independent study participant and a qualified CPE program sponsor prior to the commencement of the independent study that:
(A)    Specifies the nature of the independent study program and the time frame over which it is to be completed, not to exceed 15 weeks.
(B)    Specifies that the output must be in the form of a written report that will be reviewed by the CPE program sponsor or a qualified person selected by the CPE program sponsor.
(C)    Outlines the maximum CPE credit that will be awarded for the independent study program, but limits credit to actual time spent.
"Learning objectives" means specifications on what participants should accomplish in a learning activity. Learning objectives are useful to program developers in deciding appropriate instructional methods and allocating time to various subjects.
"Learning plans" means structured processes that help registrants guide their professional development. They are dynamic instruments used to evaluate and document learning and professional competence development. This may be reviewed regularly and modified, as registrants' professional competence needs change. Plans include:
(A)    A self-assessment of the gap between current and needed knowledge, skills, and abilities;
(B)    A set of learning objectives arising from this assessment; and
(C)    Learning activities to be undertaken to fulfill the learning plan.
"Licensee" means an individual designated as a CPA, PA, or equivalent designation in another state.
"Management information system (MIS)" means a computer or manual system, or a group of systems, within an organization that is responsible for collecting and processing data to ensure that all levels of management have the information needed to plan, organize, and control the operations of the organization and to meet both internal and external reporting requirements.
"NASBA" means National Association of State Boards of Accountancy.
"New CPAs and PAs" refers to individuals who are initially certified or licensed in Oklahoma as the result of successfully completing the examination, including those individuals certified or licensed as the result of transferring all credits earned on an examination from another jurisdiction.
"Office" means a building, room, or series of rooms which are owned, leased, or rented by an individual or firm for the purpose of holding out or carrying out the practice of public accounting.
"Organization" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, sole proprietorship, an association, two or more persons having a joint or common interest, an employer of CPAs or PAs, or any other legal or commercial entity.
"Other compensation" means compensation, including remuneration based on a percentage of the amounts involved received by a registrant who is engaged in the practice of public accounting for other than the performance of professional services or for the sale or referral of products or services of third parties.
"Other professional standards" means those standards as defined by Statements on Management Advisory Services, Statements on Responsibilities in Tax Practice, Statements on Standards for Accounting and Review Services and Statements of Quality Control Standards, where applicable, issued by the American Institute of Certified Public Accountants.
"Overview" means learning activity level that provides a general review of a subject area from a broad perspective. These programs may be appropriate for professionals at all organizational levels.
"Period of professional engagement" means the period during which professional services are provided, with such period starting when the registrant begins to perform professional services requiring independence and ending with the notification of the termination of that professional relationship by the registrant or by the client.
"Personal development" means a field of study that covers such skills as communications, managing the group process, dealing effectively with others, interviewing, counseling, and career planning.
"Pilot test" means sampling of at least three independent individuals representative of the intended participants to measure the average completion time to determine the recommended CPE credit for self-study programs.
"Principal place of business" means that physical location identified by a licensee to a state's accountancy regulatory agency where substantial administrative or management activities are conducted. For purposes of "Substantial Equivalency" the physical location cannot be in the State of Oklahoma.
"Professional competence" means having requisite knowledge, skills, and abilities to provide quality services as defined by the technical and ethical standards of the profession. The expertise needed to undertake professional responsibilities and to serve the public interest.
"Program of learning" means a collection of learning activities that are designed and intended as continuing education and that comply with these standards.
"Reinforcement feedback" means specific responses to correct answers to questions in self-study programs. Such feedback restates why the answer selected was correct.
"Related individual" includes spouses, and dependent persons, whether or not related for all purposes of complying with the Rules of Professional Conduct, provided that the independence of the registrant and the firm of the registrant will not normally be impaired solely because of employment of a spouse or dependent person by a client if the employment is in a position that does not allow "significant influence" over the operating, financial, or accounting policies of the client. In the event such employment is in a position in which the activities of the related individual are audit sensitive, even though not a position, of significant influence, the registrant should not participate in the engagement.
"Renewal permit" refers to a permit applied for prior to the expiration of the current permit.
"Retired" means a registrant who holds a certificate or license and verifies to the Board that the registrant is no longer practicing public accounting or employed. However, retired status does not preclude volunteer services for which the retired registrant receives no direct or indirect compensation so long as the retired registrant does not sign any documents related to such services as a CPA or PA.
"Rolling three-year period" means that the registrant is required to have completed 120 hours of CPE in any three-calendar-year period beginning January 1, 2006 and going forward.
"Self-study program" means an educational process designed to permit a participant to learn a given subject without major involvement of an instructor. Self-study programs use a pilot test to measure the average completion time from which the recommended CPE credit is determined.
"Sole Proprietorship" means an unincorporated business enterprise which is owned entirely by one (1) certificate or license holder.
"State" means the District of Columbia, any state, or territory of the United States.
"Update" means learning activity level that provides a general review of new developments. This level is for participants with a background in the subject area who desire to keep current.
SUBCHAPTER 3.  Requirements to Practice Public Accountancy
10:15-3-4.  Permits to practice
     In addition to a license or certificate, any individual or firm any registrant wishing to practice practicing public accounting in this state or providing expert witness testimony in any Oklahoma or Federal Court located in Oklahoma shall also be required to have a valid permit. to practice except for qualified individuals practicing under substantial equivalency.
10:15-3-5.  Exceptions
(a)    An exception to requiring a permit would apply to an Oklahoma CPA or PA who is testifying in his or her capacity as an employee of other than a public accounting firm.
(b)    Expert witness testimony from a certified public accountant or public accountant who is credentialed in another jurisdiction other than Oklahoma does not require the individual to obtain an Oklahoma CPA certificate or PA license provided the CPA or PA clearly states to the Court that an Oklahoma CPA certificate, PA license or permit to practice public accounting is not held and the individual identifies the jurisdiction(s) in which the CPA or PA is credentialed.
SUBCHAPTER 18.  Computer-Based Examination
10:15-18-1.  Applications for examination
(a)    An application for qualification on a form prescribed by the Board, will not be considered filed until the application and all required examination fees, as provided by §15.8 of the Act and supporting documents, including photographs and official transcripts as proof that the applicant has satisfied the education requirement, are received by the Board.
(b)    A candidate's application for examination will not be considered filed until the form prescribed by the Board and the application feeas fee as provided by §15.10A of the Act, are received by the Board.
(c)    Failure of a candidate to furnish all information requested by the Board within the time frame set by the Board shall be grounds for denying such candidate admission to the examination.
(d)    Any candidate who gives false information to the Board in order to be eligible to take the examination shall be subject to disciplinary action by the Board.
10:15-18-4.  Educational requirements
(a)    An applicant shall show, to the satisfaction of the Board, that the applicant has graduated from an accredited two-year or four-year college or university.
(1)    As to an applicant whose college credits are reflected in quarter hours, each quarter hour of credit shall be considered as two-thirds (2/3) of one (1) semester hour when determining semester hour credits necessary to qualify for examination or transfer of credits.
(2)    When determining eligibility based on educational qualifications, the Board shall consider only educational credit reflected on official transcripts from an accredited two-year or four-year college or university.
(3)    The specific requirement that each applicant shall have completed at least one (1) course in auditing may only be satisfied with an auditing or assurance course taken for credit from an accredited two-year or four-year college or university.
(b)    When determining eligibility of an applicant for qualification, the Board shall not consider any combination of education and experience.
(c)    The Board will also consider an applicant who has graduated from a college or university located outside the United States if an educational evaluation performed by a national credential evaluation service, as approved by the Board, certifies in writing that the applicant's course of study and degree are equivalent to the requirements set forth in Section 15.8 of the Act.
(d)    On and after July 1, 2003, one hundred fifty (150) semester hours or its equivalent of collegiate education is required to qualify for any examination as set forth in Section 15.8.C. of the Oklahoma Accountancy Act. Any MIS or AIS course, or derivative thereof, as defined in Code 10:15-18-13 10:15-1-2, used by the applicant to qualify must have a substantial relationship, either direct or indirect, to the accounting profession. However, only AIS courses will qualify for the core accounting courses as required in Section 15-8.C.
(e)    Any candidate who has qualified to take the examination on the basis of education prior to July 1, 2003, as provided in Section 15.8.B, is not subject to subparagraph (d) of this subsection.
SUBCHAPTER 21.  Reciprocity
10:15-21-1.  Application for certificate or license
     An applicant seeking to obtain an Oklahoma reciprocal certificate or license, who holds a valid certificate or license pursuant to the laws of another jurisdiction shall provide the Board with:
(1)    written proof of test scores received on all examinations from the examining jurisdiction;
(2)    written information that the applicant met or currently meets all Oklahoma requirements for eligibility as provided by statute, §15.13, Title 59, Oklahoma Statutes and these rules;
(3)    a current certificate of good standing from the jurisdiction who issued the certificate or license upon which the reciprocal certificate or license is based (the certificate of good standing must have been issued not more than sixty (60) days prior to filing the application);
(4)    written proof of having met all Oklahoma continuing professional educational requirements for those applicants seeking a permit to practice public accounting; and
(5)    Evidence of successful completion of the AICPA ethics examination or its equivalent as determined by the Board.
(6)    An applicant shall file for a reciprocal certificate or license within one hundred twenty (120) days of engaging in the practice of public accounting in Oklahoma.
SUBCHAPTER 22.  Substantial Equivalency
10:15-22-2.  Sole proprietorship firm permit
     A qualified non-resident sole proprietorship seeking practice privileges in this state to perform attest services shall be required to register the firm and obtain a permit to practice public accounting within thirty (30) days after the firm knowingly avails itself of the laws of this state by accepting an attest engagement.
SUBCHAPTER 24.  Return of Certificate or License
10:15-24-1.  Voluntary surrender of certificate or license
(a)    Upon voluntary surrender of a certificate or license, the registrant shall not be required to return the certificate or license into the custody of the Board if:
(1)    The registrant has retired from all types of employment regardless of the registrant's age; and
(2)    The Board's records indicate that no enforcement actions have been taken against the registrant within the last ten (10) years.
(b)    If the registrant has not retired from all types of employment but no longer wishes to hold an Oklahoma certificate or license, a request for the return of the certificate or license shall be made.
10:15-24-2.  Deceased registrants
     Upon notification that the registrant is deceased, no request for the return of the certificate or license shall be made.
SUBCHAPTER 25.  Permits
10:15-25-2.  Date of issue
(a)    Permits renewed on a timely basis shall bear a date of issue of July 1 for individuals and June 1 for firms except sole proprietorships. All other permits, except for b and c below, shall bear a date of issue based on the date the acceptable application for a permit is received in the Board office.
(b)    When the Board has granted an extension in accordance with 10:15-29-10 10:15-30-8(3), the date of issuance will be determined on a case by case basis.
(c)    If an application for a permit which has been returned to the holder for correction or completion of information is returned to the Board in acceptable form within thirty (30) calendar days of the first denial, the permit shall bear the date on which the permit application was first received in the office of the Board. Failure to resubmit an acceptable application within the thirty-day period shall cause the permit to be dated with the date the acceptable application is received in the Board office.
10:15-25-3.  Individual permit
(a)    An individual permit shall have a maximum term of one (1) year and shall expire on June 30 following the date of issuance.
(b)    Any registrant engaged in the practice of public accounting, regardless of whether such services are rendered for compensation, must have a permit, except for a licensed attorney providing tax services who does not display the certificate or license and does not have any reference thereto on professional stationery, business cards, or printed or electronic format. However, for purposes of this section, an individual may not be considered to be in the practice of public accounting if the individual performs an incidental amount of non-compensated services for immediate family members. An individual who meets the definition of retired or inactive status as defined in the Code or the Act is not considered to be in the practice of public accounting. In order to obtain a permit, an individual must have a valid certificate or license, be properly registered, pay all applicable fees, and comply with the continuing education requirements.
(c)    Each partner, shareholder, owner, member and certified or licensed employee of a firm located outside this state shall be required to hold a valid permit or to notify the Board of his/her intent to practice public accountancy in this State in accordance with the Substantial Equivalency provision in order to serve clients in this State unless such service is incidental to other responsibilities in the firm or involves the internal review procedures of the firm.
(d)    The application for renewal of a permit shall be filed with the Board on a form prescribed by the Board prior to the expiration of the permit currently held and no later than June 30.
(e)    At the time the application for a permit is filed, the registrant shall attest to compliance with the continuing education requirement for the applicable compliance period as specified by the Board.
(f)    An application for a permit may be filed at any time during the year by a registrant who is entering or reentering the practice of public accounting. Such registrant shall attest to compliance with the applicable continuing education requirement.
(g)    The fees to obtain a permit to practice shall accompany the application. The fees for the renewal of permits are set forth in Subchapter 27.
10:15-25-5.  Transitional period for individuals entering and re-entering public practice
(a)    A registrant who immediately gives written notice to the Board upon changing to public accounting status from nonpublic status may be granted a period of sixty (60) days from the date the registrant begins the practice of public accounting in which to complete the continuing education credit required for issuance of the permit. Such courses shall comply with the criteria set forth in Subchapter 29 or 30. The procedure for administering the code is as follows:
(1)    The registrant shall furnish a letter if self employed or from the employer, if employed, attesting to the beginning date of the registrant's self employment or employment, and shall furnish a list of courses in which the registrant has enrolled during the 60-day period. The list should include course title, name of sponsor, CPE credits to be awarded, and approximate date course is to be completed.
(2)    Upon receipt of the written notification, the Executive Director shall review the request for sufficiency of information and shall ascertain whether the registrant is to be granted the transitional CPE compliance period.
(3)    The registrant shall be notified by letter within five (5) working days whether the transitional period has been granted. Such letter shall grant permission for the registrant to practice public accounting, without penalty, for the sixty (60) day transitional period or shall state the specific reason why the transitional period was not granted. A copy of the letter notifying the registrant that the transitional period was not granted will also be mailed to the registrant's employer, if employed.
(b)    If a registrant is unable to qualify for the permit within the sixty (60) days provided for herein, the registrant may apply in writing one time to the Board for an additional thirty (30) day period in which to qualify for the permit. The procedure for doing so is as follows:
(1)    The written petition shall set forth the reason(s) for the registrant's inability to satisfy the CPE requirement within the sixty (60) days previously granted. The petition shall set forth the precise manner in which the registrant will satisfy the requirement for the issuance of a permit if the additional thirty (30) days is granted.
(2)    Upon receipt of the petition from the self employed registrant or the employer, the Executive Director shall decide whether the registrant is to be granted the additional thirty (30) days in which to comply.
(3)    If granted, the thirty (30) day period shall commence following the last day of the sixty (60) day period. The registrant and the employer, if applicable, shall be notified by the Board within five (5) working days following the Board's receipt of the employer's petition.
(4)    If the additional thirty (30) day period is denied, the registrant and the employer, if applicable, will be informed in writing of the specific reason(s) for the denial within five (5) working days following receipt of the petition.
(5)    Upon denial of the additional thirty (30) day period, the registrant and the employer, if applicable, will be notified in writing that the registrant must cease practicing public accounting until such time as the registrant has been issued the permit.
(c)    Approval by the Board of such request(s) shall authorize the registrant to practice public accounting during the time period(s) referred to in this Subchapter.
SUBCHAPTER 27.  Fees
10:15-27-14.  Peer review fee
     There shall be a peer review fee of One Hundred Dollars ($100.00) for every modified, pass with deficiency, adverse, fail, or report which requires follow up filed with the Board.
SUBCHAPTER 30.  Continuing Professional Education
10:15-30-2.  Required CPE for issuance of an original permit
     Certificate and license holders applying for their first permit to practice public accounting must report a minimum of forty (40) hours of CPE, including two (2) hours of professional ethics, and shall also provide evidence of the successful completion of the AICPA Ethics Examination or its equivalent as determined by the Board earned within the previous calendar year or within 365 days immediately preceding the date of the application before a permit will be issued. A certificate or license holder shall also provide evidence of the successful completion of the AICPA Ethics Examination or its equivalent as determined by the Board. The passing score is determined by the Board.
10:15-30-3.  Required CPE for issuance of a lapsed permit
     Certificate and license holders previously holding a permit to practice public accounting must report a minimum of forty (40) hours of CPE, including two (2) hours of professional ethics, and shall also provide evidence of the successful completion of the AICPA Ethics Examination or its equivalent as determined by the Board earned within the previous calendar year or within 365 days immediately preceding the date of the application before a permit will be issued. A certificate or license holder shall also provide evidence of the successful completion of the AICPA Ethics Examination or its equivalent as determined by the Board. The passing score is determined by the Board.
10:15-30-5.  Reporting and documentation by certificate and license holders
(a)    Certificate and license holders not otherwise exempt must complete one hundred twenty (120) hours of qualifying CPE within a rolling three (3) calendar year period. A certificate or license holder's three (3) year period begins January 1 in the year the certificate or license holder was required to earn CPE. A minimum of twenty (20) hours of acceptable CPE, including two (2) hours of professional ethics, shall be completed each calendar year. Effective January 1, 2009, four hours of professional ethics must be completed within each rolling three (3) calendar year period.
(b)    The professional ethics requirement as mandated in this section may be met by courses from other licensed professional disciplines that relate directly to the practice of public accounting, such as law or securities and may be met by courses on ethical codes in jurisdictions other than Oklahoma.
(b c)    Each certificate and license holder required to report CPE shall certify, in a format prescribed by the Board, information regarding the CPE hours claimed for credit for the calendar year.
(c d)    CPE hours claimed for credit may be claimed only for the compliance period in which the course was completed and credit granted.
(d e)    Each letter or certificate of completion shall include the date of completion of the seminar or course as evidenced by:
(1)    Date the in-attendance course was completed;
(2)    Date a self-study course was completed and evidenced by the date of certified mailing or date of facsimile transmission to the program sponsor;
(3)    Date an internet self-study course is transmitted to the program sponsor.
(e f)    At the time of completing each course, or within sixty (60) days thereafter, the certificate or license holder shall obtain a letter or certificate attesting to completion of the course from the sponsor of the course. Such letters or certificates shall be retained for a period of five (5) years after the end of the compliance period in which the program is completed and shall include the specific information set forth in the Board's CPE Standards.
(f g)    Participants in structured CPE programs shall also retain descriptive material for five (5) years which reflects the content of a course in the event the participant is requested by the Board to substantiate the course content.
(g h)    If a certificate or license holder's main area of employment is industry and the certificate or license holder holds a permit to practice, at least seventy-two (72) hours of the one hundred twenty (120) hour requirement within a three (3) year period of the qualifying CPE completed by the certificate or license holder shall be in subjects related to the practice of public accounting and shall earn a minimum of eight (8) hours in the areas of taxation, accounting or assurance per year.
10:15-30-6.  Verification of CPE credit
(a)    The Board may periodically conduct verification of the CPE credit reported by certificate and license holders.
(b)    Such verification shall be conducted by requesting the certificate or license holder to submit to the Board the documentation and evidence required to be retained by the certificate or license holder.
(c)    If a CPE course is not accepted for credit, the certificate or license holder will be notified and the Board may grant a period of time for the certificate or license holder to correct the deficiency.
(d)    In order to determine compliance with the CPE standards, the Board may inspect the records of CPE program sponsors and CPE program developers.
(e)    Certificate and license holders shall automatically be included in the subsequent verification of CPE in any of the following instances:
(1)    If the certificate or license holder failed to satisfactorily comply with CPE requirements as determined by the Board;
(2)    if a certificate or license holder has been the subject of an enforcement action by the Board during the preceding credit verification.
(f)    Registrants are required to substantiate credit reported to the Board, regardless of whether the registrant continues to be required to hold a permit.
(g)    Current valid credit may be substituted for disallowed credit if offered to the Board by the registrant within sixty (60) days, or a number of days as determined by the Board, following notification of a credit deficiency.
(h)    Before enforcement action is taken as the result of a CPE audit deficiency, the Board will issue a second request for documents and allow sixty (60) days, or a number of days as determined by the Board, for compliance with the request.
10:15-30-9.  Re-Entering Active Status
     An inactive status registrant upon return to active status must comply with CPE requirements as follows:
(1)    For each month the registrant was on inactive status, three and one-third (3 1/3) hours of qualified CPE, rounded up to the nearest half credit.
(2)    The maximum number of qualified CPE hours required by this rule shall be one hundred twenty (120) hours, including at least four (4) hours of CPE in ethics.
(3)    The registrant can claim any CPE hours earned while on inactive status during the preceding three (3) year period.
(4)    A registrant who immediately gives written notice to the Board upon changing to active status may be granted the following time periods from the date of the change of status in which to complete the CPE required by this section.
(A)    From the date of the change of status, for registrants needing forty (40) hours or less to comply with (1) or (2) above, sixty (60) days; and
(B)    From the date of the change of status, a registrant shall complete additional CPE over the forty (40) hours described in (a) above within one hundred eighty (180) days.
(5)    A registrant must document, on a form prescribed by the Board, all qualified CPE required by this rule.
(6)    At its discretion, the Board may modify the requirements of this rule for good cause on a case by case basis.
SUBCHAPTER 33.  Peer Review
10:15-33-2.  Special definitions
     The following words and terms used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.
(1)    "Adverse report" means there are significant deficiencies in the design of the firm's system of quality control, pervasive instances of noncompliance with the system as a whole, or both, resulting in several material failures to adhere to professional standards on engagements.
"Deficiency" means one or more findings that the peer reviewer has concluded that due to the nature, causes, pattern, or pervasiveness, including the relative importance of the finding to the reviewed firm's system of quality control taken as a whole, could create a situation in which the firm would not have reasonable assurance of performing and/or reporting in conformity with applicable professional standards in one or more important respects. It is not a significant deficiency if the peer reviewer has concluded that except for the deficiency or deficiencies, the reviewed firm has reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.
"Deficient report" means any report which is adverse, modified, pass with deficiencies, or fail.
"Fail" on a system review (audit is highest level of service) means there are significant deficiencies in the design of the firm's system of quality control, pervasive instances of noncompliance with the system as a whole, or both, resulting in several material failures to adhere to professional standards on engagements. Fail on an engagement review means the engagements submitted for review were not performed and/or reported in conformity with applicable professional standards in all material respects.
"Pass" on a system review means the reviewed firm's system of quality control has been designed to meet the requirements of the quality control standards for an accounting and auditing practice and the system was being complied with during the peer review year to provide the firm with reasonable assurance of complying with professional standards in all material respects. Pass on an engagement review means nothing came to the reviewer's attention that the engagements submitted for review were not performed and reported in conformity with applicable professional standards in all material respects.
(2)    "Modified report" means the design of the firm's system of quality control created a condition in which the firm did not have reasonable assurance of complying with professional standards or that the firm's degree of compliance with its quality control policies and procedures did not provide it with reasonable assurance of complying with professional standards. A report modified due to scope limitations specifically related to compilations would not be considered modified for the purposes pursuant to these rules.
"Pass with deficiencies" on a system review means the design of the firm's system of quality control created a condition in which the firm did not have reasonable assurance of complying with professional standards or that the firm's degree of compliance with its quality control policies and procedures did not provide it with reasonable assurance of complying with professional standards in all material respects with the exception of a certain deficiency or deficiencies that are described in the report. A pass with deficiencies report issued due to scope limitations specifically related to compilations would not be considered deficient for the purposes pursuant to these rules. Pass with deficiencies on an engagement review means that nothing came to the attention of the reviewer that caused him/her to believe on the engagements submitted for review that the firm did not comply with professional standards except for the deficiencies that are described in the report.
(3)    "Peer review due date" must be a date within six (6) months after the peer review year end, plus any extensions granted by the sponsoring organization or the Board.
(4)    "Peer review year end" means the year end as determined by the firm and its reviewer.
(5)    "Performance of services" is deemed to start when an engagement letter is signed or agreement reached.
(6)    "Review program" means the peer review conducted under the peer review program.
(7)    "Review year" means the peer review covers a one-year (twelve-month) period. Engagements selected for peer review normally would have periods ending during the year under peer review.
"Significant deficiency" means one or more deficiencies that the peer reviewer has concluded results from a condition in the reviewed firm's system of quality control or compliance with it such that the reviewed firm's system of quality control taken as a whole does not provide the reviewed firm with reasonable assurance of performing and/or reporting in conformity with applicable professional standards in all material respects.
(8)    "Sponsoring organization" means an individual or entity that meets the standards specified by the Board for administering the peer review. The Board shall periodically publish a list of sponsoring organizations, which have been approved by the Board.
(9)    "Unmodified report" means the reviewed firm's system of quality control has been designed to meet the requirements of the quality control standards for an accounting and auditing practice and the system was being complied with during the peer review year to provide the firm with reasonable assurance of complying with professional standards.
10:15-33-3.  1 Standards for peer reviewers  [REVOKED]
(a)    Any firm who performs peer reviews for registrants within the State of Oklahoma must be registered and hold a valid permit to practice public accounting issued by the Board.
(b)    Any individual who performs peer reviews for registrants within the State of Oklahoma must be registered and hold a valid permit to practice public accounting issued by the Board or make application for practice privileges as provided in Subchapter 10:15-22.
10:15-33-4.  Enrollment and participation
(a)    Participation in the program is required of each firm holding a permit from the Board that performs any review or audit services after July 1, 2004, unless the firm ceases performing review or audit services before July 1, 2005. services which require a peer review as provided in Section 15.30 of the Oklahoma Accountancy Act.
(b)    Firm enrollment is required as follows:
(1)    An existing firm required to participate under subsection (a) shall enroll in the peer review program of an approved sponsoring organization within one (1) year from the performance of services that require a peer review. The firm shall adopt the peer review due date assigned by the sponsoring organization, and must notify the Board of the date within thirty (30) days of its assignment. In addition, the firm shall schedule and begin an additional peer review within three (3) years of the previous peer review due date, or earlier as may be required by the sponsoring organization. It is the responsibility of the firm to anticipate its needs for peer review services in sufficient time to enable the reviewer to complete the peer review by the assigned review due date.
(2)    An existing firm that subsequently begins providing services as set forth in subsection (a) shall notify the Board of the change in status within thirty (30) days and provide the Board with enrollment information within twelve (12) months of the date the services were first provided and have a peer review within eighteen (18) months of the year end of the engagement performed. This provision shall also apply to any new firm that provides the services set forth in subsection (a).
(c)    In the event that a firm is merged, otherwise combined, dissolved, or separated, the sponsoring organization shall determine which firm is considered the succeeding firm. Any dispute of the sponsoring organization's determination shall be resolved by the Board. The succeeding firm shall retain its peer review status and the peer review due date.
(d)    Any firm having a permit revoked, suspended, surrendered, or cancelled, that held a permit from the Board at the time it provided audit or review services any service requiring a peer review must enroll in a Board approved peer review program as provided in subsection 10:15-33-4(a) or submit a peer review report as provided in subsection 10:15-33-6(a).
(e)    The Board will accept extensions granted by the sponsoring organization to complete a peer review, provided the Board is notified by the firm within thirty (30) days of the date that an extension is granted.
(f)    A firm that has been rejected by a sponsoring organization for whatever reason shall notify the Board of:
(1)    Name of sponsoring organization rejecting the enrollment;
(2)    Reasons for the rejection;
(3)    Name of subsequently selected sponsoring organization.
(g)    A firm choosing to change to another sponsoring organization may do so only once a final acceptance letter has been issued indicating that all outstanding corrective actions have been completed and outstanding fees paid.
10:15-33-5.  Effect of consecutive successive modified/adverse deficient reports
(a)    Effective for peer reviews commencing on or before December 31, 2008, A a firm, including a succeeding firm, which receives two (2) consecutive modified reports and/or one (1) adverse report(s), may be required by the Board or its designee to have an accelerated peer review within eighteen (18) months from the year end of the firm's last peer review.
(b)    If the accelerated review required by subsection (a) above results in a modified or adverse report:
(1)    The firm may complete any review and audit engagement for which field work has already begun only if:
(A)    Prior to issuance of any report, the engagement is reviewed and approved by a third party reviewer acceptable to the Board or its designee; and
(B)    The engagement is completed within ninety (90) days of the acceptance of the peer review report, letter of comments, and letter of response by the sponsoring organization;
(2)    The firm shall be referred to the Vice Chair of the Board for enforcement investigation.
(3)    A firm may petition the Board for a waiver from the provisions of this rule subsection (b).
(c)    Effective for peer reviews commencing on or after January 1, 2009, a firm, including a succeeding firm which receives two (2) consecutive pass with deficiencies reports and/or one (1) fail report, may be required by the Board or its designee to have an accelerated peer review within eighteen (18) months from the year end of the firm's last peer review.
(d)    If the accelerated review required by subsection (a) or (c) above results in a deficient report:
(1)    The firm may complete any service requiring a peer review for which field work has already begun only if:
(A)    Prior to issuance of any report, the engagement is reviewed and approved by a third party reviewer acceptable to the Board or its designee; and
(B)    The engagement is completed within ninety (90) days of the acceptance of the peer review report, and letter of response (when applicable) by the sponsoring organization;
(2)    The firm shall be referred to the Vice Chair of the Board for enforcement investigation.
(3)    A firm may petition the Board for a waiver from the provisions of this rule subsection (d).
10:15-33-6.  Reporting to the board
(a)    Through December 31, 2008, Any any report or document required to be submitted under this subsection shall be filed with the Board, including by electronic means, within thirty (30) days of receipt from the sponsoring organization. Such report shall contain:
(1)    A copy of the report and the final letter of acceptance from the sponsoring organization, if such report is unmodified with or without comments; or
(2)    A copy of the report, letter of comments, letter of response, the signed agreement to the conditional letter of acceptance, and final letter of acceptance when corrective actions are complete if the report is modified in any respect or adverse; and
(3)    A copy of the Public Company Accounting Oversight Board (PCAOB) report, if applicable.
(b)    Effective January 1, 2009, any report or document required to be submitted under this subsection shall be filed with the Board, including by electronic means, within thirty (30) days of receipt from the sponsoring organization. Such report shall contain:
(1)    A copy of the report and the final letter of acceptance from the sponsoring organization, if such report is pass; or
(2)    A copy of the report, letter of response, the signed agreement to the conditional letter of acceptance, and final letter of acceptance when corrective actions are complete if the report is pass with deficiencies or fail.
(b c)    Any document submitted to the Board under this subsection is confidential pursuant to the Act.
10:15-33-7.  Peer review committee
(a)    The Board shall appoint a Peer Review Committee for the purpose of:
(1)    Monitoring sponsoring organizations to provide reasonable assurance that peer reviews are being conducted and reported on in accordance with peer review minimum standards;
(2)    Reviewing the policies and procedures of sponsoring organization applicants as to their conformity with the peer review minimum standards; and
(3)    Reporting to the Board on the conclusions and recommendations reached as a result of performing functions in paragraphs (A) and (B) of this subsection.
(b)    The Peer Review Committee shall consist of three (3) members nominated by the Chair and approved by the Board, none of whom is a current member of the Board. Initial appointment of the three (3) committee members shall be as follows: one (1) member appointed for three (3) years; one (1) member appointed for two (2) years; and one member appointed for one (1) year. Subsequent committee members shall serve three (3) year terms. Compensation, if any, of Peer Review Committee members shall be set by the Board, not to exceed One Hundred Fifty Dollars ($150.00) per hour. Each member of the Peer Review Committee must be active in the practice of public accounting at a supervisory level or above in the accounting or auditing function while serving on the committee or any employee involved at a supervisory level or above in an audit function of a state or local government. The member or member's firm must be enrolled in an approved practice/monitoring program and have received an unmodified or pass report on its most recently completed peer review. A majority of the committee members must satisfy the qualifications required of system peer review team captains as established and reported in the AICPA Standards for Performing and Reporting on Peer Reviews.
(1)    No more than one Peer Review Committee member may be from the same firm.
(2)    A Peer Review Committee member may not concurrently serve as a member of the AICPA's or any state's CPA society ethics or peer review committee.
(3)    A Peer Review Committee member may not participate in any discussion or have any vote with respect to a reviewed firm when the committee member lacks independence or has a conflict of interest. The Board may appoint alternate committee member(s) to serve in these situations.
(c)    Information concerning a specific firm or reviewer obtained by the Peer Review Committee during oversight activities shall be confidential, and the firm's or reviewer's identity shall not be reported to the Board. Reports submitted to the Board will not contain information concerning specific registrants, firms or reviewers.
(d)    As determined by the Board, the Peer Review Committee shall make periodic recommendations to the Board, but not less than annually, as to the continuing qualifications of each sponsoring organization as an approved sponsoring organization.
(e)    The Peer Review Committee may:
(1)    When necessary in reviewing reports on peer reviews, prescribe actions designed to assure correction of the deficiencies in the reviewed firm's system of quality control policies and procedures and provide such results to the Board;
(2)    Monitor the prescribed remedial and corrective actions to determine compliance by the reviewed firm;
(3)    Establish and perform procedures for ensuring that reviews are performed and reported on in accordance with the AICPA Standards for Performing and Reporting on Peer Reviews or other standards as approved by the Board and the rules promulgated herein by the Board;
(4)    Establish a report acceptance process, which facilitates the exchange of viewpoints among committee members and sponsoring organization; and
(5)    Communicate to the governing body of the sponsoring organization on a recurring basis:
(A)    Problems experienced by the enrolled registrants in their systems of quality control as noted in the peer reviews conducted by the sponsoring organization;
(B)    Problems experienced in the implementation of the peer review program; and
(C)    A summary of the historical results of the peer review program.
(f)    Committee members shall become disqualified to serve on Peer Review Committee if any of the provisions that qualify the committee member no longer exist or by majority vote of the Board.
SUBCHAPTER 37.  Enforcement Procedures
10:15-37-7.  Discipline for violations by candidates
(a)    A candidate who is alleged to have violated the Oklahoma Accountancy Act, the rules implementing that Act, or who subverts or attempts to subvert the examination process shall be subject to disciplinary action by the Board. Upon the determination that the candidate is guilty of the allegations, the Board may impose one (1) or more of the following disciplinary measures on the candidate:
(1)    Withhold the candidate's grades on the examination;
(2)    Declare the candidate's scores on the examination invalid;
(3)    Disqualify the candidate from holding a certificate or license permanently or for a specified period of time; or
(4)    Impose other authorized penalties.
(b)    Results of hearings for applicants or candidates will not be published in the Board's newsletter.
SUBCHAPTER 39.  Rules of Professional Conduct
10:15-39-1.  Application
(a)    To the extent not contradicted by rule herein, a registrant shall conform in fact and in appearance to the AICPA Code of Professional Conduct.
(b)    To protect the public interest, the Rules of Professional Conduct are based on the premise that the public and the business community rely on sound financial reporting and on professional competence. This premise is inherent in the authorized use of the titles certified public accountant and public accountant, which imposes on persons registered with the Board certain obligations to the public and to others. These obligations which the Rules of Professional Conduct are intended to enforce, include: the obligation to maintain independence and objectivity of thought and action, to strive continuously to improve professional skills, to observe, where applicable, generally accepted accounting principles, governmental auditing standards, standards as set by the Public Company Auditing Oversight Board, and generally accepted auditing standards, to promote sound and informative financial reporting, to hold the affairs of clients or employers in confidence, to uphold the standards of the public accounting profession, and to maintain high standards of personal conduct in all matters affecting fitness to practice public accounting.
(c)    Acceptance by a registrant of a certificate or license involves a duty to abide by the Rules of Professional Conduct.
(d)    The Rules of Professional Conduct are intended to have application to all kinds of professional services performed in the practice of accounting, including, but not limited to, assurance, attest, auditing, accounting, review and compilation services, tax services, management advisory services and personal financial and investment planning, and intended to apply as well to all certificate and license holders, whether or not engaged in the practice of public accounting, except where the wording of one of the Rules of Professional Conduct clearly indicates that the applicability is more limited.
(e)    A registrant who is engaged in the practice of public accounting outside the United States is not subject to discipline by the Board for departing, with respect to such foreign practice, from any of the Rules of Professional Conduct, so long as the conduct is in accordance with the Rules of Professional Conduct applicable to the practice of public accounting in the country in which the registrant is practicing. If the name of a registrant is associated with financial statements in such manner as to imply that the registrant is acting as an independent CPA or PA under circumstances which would entitle the reader to assume that United States practices are followed, the registrant will be expected to comply with the provisions of Code 10:15-39-6(b), 10:15-39-6(c) and 10:15-39-6(d). with auditing standards and accounting principles generally accepted in the United States of America, and other professional standards applicable to the services provided.
(f)    In interpreting and enforcing these rules, the Board may give consideration, but not necessarily dispositive weight, to relevant interpretations, rulings and opinions issued by the boards of other jurisdictions, appropriately authorized ethics committees of professional organizations and other federal and state agencies.
[OAR Docket #08-756; filed 4-29-08]

TITLE 40.  Board of Tests for Alcohol and Drug Influence
CHAPTER 25.  Apparatus, Devices, Equipment, and Materials
[OAR Docket #08-752]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
40:25-1-1 [AMENDED]
40:25-1-2 [AMENDED]
40:25-1-3 [AMENDED]
AUTHORITY:
47 O.S. §759; Board of Tests for Alcohol and Drug Influence
DATES:
Comment period:
May 15, 2007 through June 20, 2007
Public hearing:
None held or requested
Adoption:
August 22, 2007
Submitted to Governor:
August 22, 2007
Submitted to House:
August 22, 2007
Submitted to Senate:
August 22, 2007
Gubernatorial approval:
September 12, 2007
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on March 27, 2008
Final adoption:
March 27, 2008
Effective:
June 12, 2008
SUPERSEDED EMERGENCY ACTIONS:
Superseded rules:
40:25-1-1 [AMENDED]
40:25-1-2 [AMENDED]
40:25-1-3 [AMENDED]
Gubernatorial approval:
June 4, 2007
Register publication:
24 Ok Reg 2681
Docket number:
07-1270
INCORPORATIONS BY REFERENCE:
n/a
ANALYSIS:
The rule changes how the Board may approve and disapprove equipment to be used for breath alcohol testing in Oklahoma pursuant to the authority granted in 47 O.S. §759.
CONTACT PERSON:
J. Robert Blakeburn, Director of the Board of Tests, 3600M.L. King Blvd. Oklahoma City, OK 73111, 405-425-2460
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 JUNE 12, 2008:
40:25-1-1.  Purpose
     The rules in this chapter concern the method of approving approved apparatus, devices, and equipment, materials, supplies and other items used for or involved in tests for alcohol and other intoxicating substances under the provisions of 47 O.S., Sections 751-761 and 3 O.S., Section 303 and 63 O.S., Section 4210A.
40:25-1-2.  Approved evidential breath-alcohol analyzers
(a)    Any evidential breath-alcohol analyzer, approved by the Board as an automated analyzer, by resolution, at an open meeting of the Board The Model 5000-D Intoxilyzer (manufactured by CMI, Inc., Owensboro, KY 42301, or its successors) is hereby approved for analysis of alcohol in breath specimens and is designated as an automated analyzer.
(b)    The Board may expunge from approval any previously approved analyzer, by resolution, at an open meeting of the Board.
(c)    The Board shall maintain a list of all said approved analyzers, available for public review at the administrative office of the Board during regular office hours.
40:25-1-3.  Alcoholic breath simulators and reference methods
(a)    Any alcoholic breath simulator or reference method, approved by the Board, by resolution, at an open meeting of the Board is The following alcoholic breath simulator devices are hereby approved, for use in association with any breath-alcohol analysis apparatus, device, or instrument for the determination of the alcohol concentration of breath specimens approved for that purpose by the Board of Tests for Alcohol and Drug Influence. Influence or its predecessor agency:
(b)    The Board may expunge from approval any previously approved simulator or reference method, by resolution, at an open meeting of the Board.
(1)    Alcoholic Breath Simulator, Model Mark IIA, National Draeger, Inc., Pittsburgh, PA, or its predecessors or successors
(2)    Alcoholic Breath Simulator, Model 34C, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors or successors
(3)    Alcoholic Breath Simulator, Model 10-4, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors or successors
(4)    Alcoholic Breath Simulator, Model 210021, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors.
(5)    Alcoholic Breath Simulator, Model 2100, Guth Laboratories, Inc., Harrisburg, PA, or its predecessors.
(c)    The Board shall maintain a list of all said approved simulators or reference methods, available for public review at the administrative office of the Board during regular office hours.
[OAR Docket #08-752; filed 4-28-08]

TITLE 40.  Board of Tests for Alcohol and Drug Influence
CHAPTER 30.  Analysis of Alcohol in Breath
[OAR Docket #08-753]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
40:30-1-3 [AMENDED]
AUTHORITY:
47 O.S. §759; Board of Tests for Alcohol and Drug Influence
DATES:
Comment period:
May 15, 2007 through June 20, 2007
Public hearing:
None held or requested
Adoption:
October 26, 2007
Submitted to Governor:
October 29, 2007
Submitted to House:
October 29, 2007
Submitted to Senate:
October 29, 2007
Gubernatorial approval:
November 20, 2007
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on March 27, 2008
Final adoption:
March 27, 2008
Effective:
June 12, 2008
SUPERSEDED EMERGENCY ACTIONS:
Superseded rules:
40:30-1-3 [AMENDED]
Gubernatorial approval:
November 13, 2007
Register publication:
25 Ok Reg 391
Docket number:
07-1557
INCORPORATIONS BY REFERENCE:
N/A
ANALYSIS:
The rule describes the required procedure for administering a breath alcohol test using either the CMI Intoxilyzer 5000 or 8000 instruments and the maintenance requirements for both. Tests administered pursuant to the rule comply with 47 O.S. §§ 752, 759 and are admissible in civil and criminal proceedings pursuant to 47 O.S. §756.
CONTACT PERSON:
J. Robert Blakeburn, Director of the Board of Tests, 3600M.L. King Blvd. Oklahoma City, OK 73111, 405-425-2460
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 JUNE 12, 2008:
40:30-1-3.  Breath-alcohol analysis with the enhanced Intoxilyzer Model 5000-D. Board approved devices
(a)     Approved method. Analysis of breath specimens for the determination of the alcohol content therein by means of the Model 5000-D (manufactured by CMI, Inc., Owensboro, Kentucky 42301 or its successors), is hereby approved as a method or technique for analysis of breath specimens for alcohol.
(b)     Operating procedure(s). Each such analysis shall be performed in compliance with Operating Procedure(s) prescribed and approved by the State Director of Tests for Alcohol and Drug Influence.
(c)     Analysis. Each such analysis shall include the following steps:
(1)    Continuous observation Observation of the subject whose breath is to be tested sufficient to determine that, for a period of at least fifteen (15) minutes prior to the collection of the first breath specimen, and continuing through the second breath specimen, during which observation period the subject shall not have ingested alcohol in any form or alcoholic beverages or any other substance, regurgitated, vomited, or smoked. Such observation shall may be carried out by the breath-alcohol analysis Operator or Supervisor Specialist or by any other qualified person.
(2)    Analysis for alcohol of two (2) or more specimens of breath consisting substantially of expired alveolar air.
(3)    A blank analysis preceding analysis of each breath specimen.
(4)    Analysis for alcohol of at least one suitable reference or control sample of known alcohol concentration, such as air equilibrated at a known temperature with a reference solution of known ethyl alcohol content in an alcoholic breath simulator device approved by the this Board. The results of each such control analysis must coincide with the corresponding vapor-alcohol concentration target value within plus or minus one-hundredths gram per two hundred and ten liters (± 0.01g/210L).
(5)    The operator performing each such analysis shall properly provide complete a Breath-Alcohol Analysis Record and Report form prescribed and designated by the State Director of Tests for Alcohol and Drug Influence, and shall promptly forwarded forward one (1) copy thereof to the Oklahoma Department of Public Safety, and to other agencies and persons listed on the form.
(d)     Reporting results. The results of each such breath-alcohol analysis shall be reported in terms of the concentration of alcohol and in the subject's breath, in grams of alcohol per two hundred and ten liters of breath (g/210 L), truncated to two (2) decimal places. Results of duplicate breath alcohol analyses, on the same subject on the same occasion, which are within three-hundredths grams per two hundred and ten liters of breath (± 0.03g/210L) shall be deemed to be in acceptable agreement and mutually confirmatory and substantiative. All such results Results of analysis of all breath specimens shall be reported, but actions and interpretation of the results of such duplicate analyses shall be based upon the lowest such acceptable breath alcohol result obtained.
(e)     Maintenance. Maintenance shall be performed as follows on the above listed equipment at least once during each thirty (30) day period and not later than thirty (30) days since the last prior such maintenance, or after the testing of twenty five (25) subjects, whichever occurs first, by a person possessing a valid Breath Alcohol Analysis (Specialist) permit issued by this the Board:
(1)    A thorough inspection of the equipment for cleanliness and determination that it is in proper operating condition shall be performed.
(2)    The reference ethyl alcohol solution in the alcoholic breath simulator device shall be replaced with new solution and one (1) or more verification analyses performed with the new solution. Each verification analysis shall be performed in accordance with the Operating Procedure(s) prescribed by the State Director of Tests for Alcohol and Drug Influence. The result of each such verification analysis must coincide with the corresponding vapor-alcohol concentration target value within plus or minus one-hundredths gram per two hundred and ten liters (± 0.01g/210 L).
(3)    The administrative maintenance performed, shall include; results of said verification analyses, date of inspection, and a written record of the inspection will be documented on the log of tests and maintenance record retained by the breath analysis instrument in digital form as entered in the applicable portions of the Intoxilyzer 5000-D Log of Tests and Maintenance Record (or equivalent) form prescribed and designated by the State Director of Tests for Alcohol and Drug Influence.
(f)     Approved method. Analysis of breath specimens for the determination of the alcohol content therein by means of the Model 8000-D (manufactured by CMI, Inc., Owensboro, Kentucky 42301 or its successors), is hereby approved as a method or technique for analysis of breath specimens for alcohol.
(g)     Operating procedure(s). Each such analysis shall be performed in compliance with Operating Procedure(s) prescribed and approved by the State Director of Tests for Alcohol and Drug Influence.
(h)     Analysis. Each such analysis shall include the following steps:
(1)    Observation of the subject whose breath is to be tested sufficient to determine that, for a period of at least fifteen (15) minutes prior to the collection of the first breath specimen, and continuing through the second breath specimen, the subject shall not have ingested alcohol in any form or any other substance, vomited, or smoked. Such observation shall be carried out by the breath-alcohol analysis Operator or Specialist or by any other qualified person.
(2)    Analysis for alcohol of two (2) or more specimens of breath consisting substantially of expired alveolar air.
(3)    A blank analysis preceding analysis of each breath specimen.
(4)    Analysis for alcohol of at least one suitable reference or control sample of a known alcohol concentration, such as air equilibrated at a known temperature with a reference solution of known ethyl alcohol content in an alcoholic breath simulator device approved by the Board or a Board approved nitrogen-ethanol dry gas reference method. The results of each such control analysis must coincide with the corresponding vapor-alcohol concentration target value within plus or minus one-hundredths gram per two hundred and ten liters (± 0.01g/210L).
(5)    The operator performing each such analysis shall properly complete a Breath-Alcohol Analysis Record and Report form prescribed and designated by the State Director of Tests for Alcohol and Drug Influence, and shall promptly forward one (1) copy thereof to the Oklahoma Department of Public Safety, and to other agencies and persons listed on the form.
(i)     Reporting results. The results of each such breath-alcohol analysis shall be reported in terms of the concentration of alcohol and in the subject's breath, in grams of alcohol per two hundred and ten liters of breath (g/210 L), truncated to two (2) decimal places. Results of duplicate breath alcohol analyses, on the same subject on the same occasion, which are within three-hundredths grams per two hundred and ten liters of breath (± 0.03g/210L) shall be deemed to be in acceptable agreement and mutually confirmatory and substantiative. Results of analysis of all breath specimens shall be reported, but actions and interpretation of the results of such duplicate analyses shall be based upon the lowest such acceptable breath alcohol result obtained.
(j)     Maintenance. Maintenance shall be performed on the CMI 8000 Intoxilyzer, equipped with nitrogen-ethanol dry gas mixture, at such time as the regulator of the nitrogen-ethanol pressurized dry gas cannister fails to provide a gas sample for analysis or by the manufacturers stated expiration date, whichever occurs first. Such maintenance shall be performed by Board personnel, according to the procedure(s) prescribed by the State Director of Tests for Alcohol and Drug Influence.
[OAR Docket #08-753; filed 4-28-08]

TITLE 40.  Board of Tests for Alcohol and Drug Influence
CHAPTER 50.  Ignition Interlock Devices
[OAR Docket #08-751]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
40:50-1-1. Explanation of terms and actions [AMENDED]
40:50-1-2. Procedure for device approval [AMENDED]
40:50-1-3. Technical requirements [AMENDED]
40:50-1-4. Miscellaneous requirements [AMENDED]
40:50-1-5. Maintenance and calibration requirements [AMENDED]
40:50-1-7. Certification and inspection of service centers[AMENDED]
40:50-1-8. Service representative [AMENDED]
40:50-1-9. Ignition interlock inspector [AMENDED]
40:50-1-11. Approved ignition interlock devices [AMENDED]
AUTHORITY:
47 O.S. §759; Board of Tests for Alcohol and Drug Influence
DATES:
Comment period:
May 15, 2007 through June 20, 2007
Public hearing:
None held or requested
Adoption:
August 22, 2007
Submitted to Governor:
August 22, 2007
Submitted to House:
August 22, 2007
Submitted to Senate:
August 22, 2007
Gubernatorial approval:
September 12, 2007
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on March 27, 2008
Final adoption:
March 27, 2008
Effective:
June 12, 2008
SUPERSEDED EMERGENCY ACTIONS:
Superseded rules:
40:50-1-1. Explanation of terms and actions [AMENDED]
40:50-1-2. Procedure for device approval [AMENDED]
40:50-1-3. Technical requirements [AMENDED]
40:50-1-4. Miscellaneous requirements [AMENDED]
40:50-1-5. Maintenance and calibration requirements [AMENDED]
40:50-1-7. Certification and inspection of service centers[AMENDED]
40:50-1-9. Ignition interlock inspector [AMENDED]
40:50-1-11. Approved ignition interlock devices [AMENDED]
Gubernatorial approval:
June 4, 2007
Register publication:
24 Ok Reg 2683
Docket number:
07-1272
SUPERSEDED EMERGENCY ACTIONS:
Superseded rules:
40:50-1-8. Service representative [AMENDED]
Gubernatorial approval:
April 11, 2008
Register publication:
25 Ok Reg 1029
Docket number:
08-700
INCORPORATIONS BY REFERENCE:
n/a
ANALYSIS:
The rules describe the procedures by which ignition interlocks required by 22 O.S. §§991a,6-212.3, 11-902, 754.1 shall be approved and installed; How the personell installing them and maintaining them shall be trained an certified; How locations for installation and maintenance shall be prepared and approved; And lists the currently approved devices
CONTACT PERSON:
J. Robert Blakeburn, Director of the Board of Tests, 3600M.L. King Blvd. Oklahoma City, OK 73111, 405-425-2460
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 JUNE 12, 2008:
40:50-1-1.  Explanation of terms and actions
(a)    Alcohol: Ethyl Alcohol, also called ethanol.
(b)    Alcohol concentrations: The weight amount of alcohol contained in a unit of breath or air, measured in grams of Ethanol/210 liters of breath or air which gives a quantitative measurement of alcohol concentration from which breath alcohol concentrations can be determined. "Alveolar" refers to the alveoli, which are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration.
(c)    Alveolar air: Also called "deep lung air" or "alveolar breath". An air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of alcohol concentration from which breath alcohol concentrations can be determined. "Alveolar" refers to alveoli, which are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration.
(d)    Anti-Circumvention feature(s): Any feature or circuitry incorporated into the Ignition Interlock Device (IID) that is designated to prevent human tampering which would cause the device not to operate as intended.
(e)    Approval: Meeting and maintaining the requirements of these rules and placement on the Board of Tests for Alcohol and Drug Influence (Board) list of approved devices. Approval may be denied, cancelled, withdrawn, and/or suspended at any time, for cause by the Board.
(f)    Appropriate judicial authority: A phrase used throughout these rules that is meant to include personnel or court orders of the Oklahoma judicial system including but not limited to: the actual court order requiring or authorizing installation of an IID, the court (or judge) that ordered or authorized that installation, pretrial services authorities (having to do bail bond requirements in these matters), adult supervision (or adult probation) authorities and/or occupational licensing authorities.
(gf)    Board: The unmodified word Board in these rules refers to the Oklahoma Board of Tests for Alcohol an Drug Influence.
(hg)    Bogus air sample: Any gas sample other than the unaltered, undiluted, or unfiltered alveolar air sample coming from the individual required to have an ignition interlock device installed in his/her vehicle.
(ih)    Breath-Alcohol analysis: Analysis of a sample of a person's expired alveolar breath to determine the concentration of alcohol in the person's breath.
(ji)    Certification:
(1)    Certification refers to meeting and maintaining the requirements set forth in these rules. Under the provisions of these rules, certification is granted to:
(A)    inspectors,
(B)    service representatives, and
(C)    service centers.
(2)    Certification is granted by the Board only when minimum requirements of certification have been met All aspects of IID business in Oklahoma must be performed under certification in order to be eligible for court purposes satisfy statutory requirements.
(3)    Certificates are issued to inspectors, service representatives, and service centers. Certificates are not issued for individual IID's or reference sample devices.
(kj)    Certified IID inspectors: Refers to an individual who meets the requirements stated in 40:50-1-9 of this title (relating to Ignition Interlock Device Inspector).
(lk)    Certified service center: Refers to any IID service center, whether fixed site or mobile, meeting and maintaining the provisions stated in 40:50-1-7 of this title (relating to Certification and Inspection of Service Centers).
(ml)    Certified service center representative: Refers to an individual who has successfully completed the requirements stated in these rules and has received certification from the Board to install, inspect, download, calibrate, repair, monitor, maintain, service and/or remove a specific Ignition Interlock Device(s). Service representative certification is contingent upon compliance with all provisions stated in 40:50-1-8 of this title (relating to Service Representative).
(nm)    Fees: The non-refundable original administrative fees plus any and all costs incurred by the Board for approval, or revaluation, of any device. Additionally the cost established by the Board in the form of inspection fees payable by either the manufacturer or vendor, whichever is appropriate. Fees for Reinstatement of an inactivated certificate, revoked certificate, suspended certificate or any other fees which the Board deems necessary to maintain the IID program in a safe and dependable way. Failure to pay or reimburse the Board for these reasonable costs shall result in the denial or loss of certification of affected service center(s). This will be fees charged under Chapter 55 of the Boards Rules and listed in the appropriate sections. This term also applies to the fee described in 40:50-1-5 (a).
(on)    Data storage system: A computerized recording of all events monitored by the installed IID, which may be reproduced in the form of required reports.
(po)    Device: An ignition interlock device (abbreviated in this title as IID).
(qp)    Director: Refers to the position of the State Director of the Board of Tests for Alcohol and Drug Influence as defined in OAC 40:50-1-3, and will be under the overall guidance and supervision of the Chairman of the Board, and with the assistance of the Administrative Assistant to the Board, to conduct and administer the affairs and functions of the Board between meetings thereof. The appeals made by an ignition interlock manufacturer, vendor or employee will initially be determined by go from the State Director to of the Board, pursuant to 40:50-1-10 of this rule.
(r)    Emergency bypass: A one time event, authorized by a service representative that permits the IID equipped vehicle to be started without the requirement of passing the breath test. This event must be recorded in the Data storage system. Also see Illegal Start.
(sq)    Filtered air sample: Any mechanism by which there is an attempt to remove alcohol from the human breath sample. Filters would include, but are not limited to silica gel, drierite cat litter, cigarette filters, water filters, cotton, or by any other means not mentioned.
(tr)    Fixed-Site service center: A certified service center that is at a permanent location, i.e., not mobile.
(us)    Free re-start: The condition in which a test is successfully completed and the motor vehicle is started, and then at some point the engine stops for any reason (including stalling). A free re-start is the ability to start the engine again, within a reasonable time as approved by the Board, without completion of another breath-alcohol analysis. This free re-start does not apply, however, if the IID was awaiting a rolling re-test that was not delivered.
(vt)    IID: The common abbreviation for Ignition Interlock Device used throughout these Rules.
(wu)    Ignition interlock device: (Abbreviated in this Rule as IID) A device that is a breath-alcohol analyzer that is connected to a motor vehicle ignition. In order to start the motor vehicle engine, a driver must deliver an alveolar breath sample to an approved IID which measures the alcohol concentration using fuel cell analysis. If the alcohol concentration meets or exceeds the startup set point on the interlock device, the motor vehicle will not start.
(xv)    Illegal start: An event wherein the IID equipped vehicle is started without the requisite breath test having been taken and passed and/or is started when the IID is in a lockout condition. or is started by enabling an authorized emergency bypass. Any and all of these events Any illegal start shall be recorded in the Data storage system as a violations.and shall result in a violation reset.
(yw)    Inactivation:
(1)    Inactivation refers to the voluntary or temporary discontinuance of certification. Unless specifically stated otherwise, this loss of certification will be an administrative program control as opposed to suspension or revocation for violation of these rules or the unreliability or incompetence. Inactivation may be initiated by anyone having authority to suspend or revoke or by the certified entity in case of voluntary surrender of certification. In questionable cases, the decision to accept inactivated suspension or revocation will be determined by the Board or its designee. Re-certification of an inactivated certificate will require a written request from the applicant to the Board and successful completion of requirements outlined in 40:50-1-7, 40:50-1- 8 and 40:50-19 of this title (relating to Certification and Inspection of Service Centers, Service Representative, and Ignition Interlock Device Inspector) as appropriate for re-certification and/or other requirements determined by the Board or its designee. Inactivation will be used in, but not limited to, the following situations:
(A)    an inspector or service representative terminates employment under which certification was acquired and a new employment does not require certification, or the new location of the inspector or service representative cannot be ascertained; or
(B)    a service representative fails to renew current certification and reverts to an inactive status; or
(C)    a service center that no longer meets all the requirements for certification.
(2)    Inactivation will not be considered by the Board as a disciplinary action. It is for administrative program control to safeguard the scientific integrity of the IID program.
(x)    Installation Authority: A phrase used throughout these rules that refers to the actual statute or order requiring or authorizing installation of an IID.
(zy)    Interlock: The mechanism which prevents a motor vehicle from starting when the alcohol concentration of a person meets or exceeds a preset value.
(aaz)    Lockout condition: A state wherein the IID will not allow the vehicle to be started until a certified service representative completes a violation reset, downloads the data storage system and restores the IID to a state that will allow the vehicle to be started. Events Violation conditions that trigger the lockout condition will enable a unique auditory and/or visual cue that will warn the driver that the vehicle ignition will enter a lockout condition within a period not to exceed in five (5) days from the date of the event. This event will be uniquely recorded in the data storage system and will simultaneously start a clock that culminates in the actual lockout condition.
(bbaa)    Manufacturer: The actual producer of the device.
(ccbb)    Manufacturer's representative: An individual and/or entity designated by the manufacturer to act on behalf of or represent the manufacturer of the device. May be synonymous with vendor.
(ddcc)    Mobile service center: Any IID facility that has the personnel and equipment capability to be in use separately and simultaneously with it's parent fixed service center, whether set up in a vehicle or temporarily set up at a site with a permanent foundation.
(dd)    Monitor: The agency, organization and/or person(s) designated by the Installation Authority to receive reports regarding IID participants.
(ee)    Negative result: A test result indicating that the alcohol concentration is less than the startup set point or re-test set point value.
(ff)    Penalty Fail: A pre-set or pre-determined alcohol concentration setting at which, or above, the device will record the high alcohol result in the data storage system. The pre-set point for persons under 21 years of age shall be 0.03. The pre-set point for persons 21 years of age and over shall be 0.09.
(ffgg)    Positive result: A test result indicating that the alcohol concentration meets or exceeds the startup set point or re-test set point value.
(gghh)    Proficiency test: A test administered by, and in the presence of, an IID inspector to establish and/or ascertain the competency of a service representative with regard to IID equipment.
(hhii)    Purge: Any mechanism which cleanses or removes a previous breath or reference sample from the device and specifically removes alcohol.
(iijj)    Re-certification: Re-certification refers to the regaining of lost certification; for example, certification loss by inactivation, suspension, or revocation. Unless provided for by specific provision in these rules, application for re-certification requires a written request from the applicant to the Board. Upon receipt of the request, the applicant will be advised of necessary procedure to regain certification. Re-certification requires the successful completion of requirements stated in 40:50-1-7, 40:50-1-8 and 40:50-1-9 of this title (relating to Certification and Inspection of Service Centers, Service Representative, and Ignition Interlock Device Inspector) as appropriate, and/or additional requirements as stated by the department Board.
(jjkk)    Reference sample device: Any alcohol breath testing external control or device approved for use pursuant to OAC 40:25-1-3(A). A device which generates a head space gas above a water/alcohol solution that is maintained at a thermostatically controlled temperature. This head space gas can be used to simulate the breath-alcohol concentration of an individual who has been drinking alcoholic beverages and whose alcohol concentration is reflected in an analysis of breath sample. The results of this analysis are expressed as grams of alcohol per two hundred and ten liters of breath (g/210L).
(kk)    Re-test set point: A pre-set or pre-determined alcohol concentration setting, which is the same (0.02g/210L) as the startup set point, at which, or above, during a rolling re-test, the device will record in the data storage system, the high alcohol result as a violation.
(ll)    Reportable violation:
(1)    Reportable violations are as follows:
(A)    Three (3) Penalty Fails, at startup, within a 15 minute time frame,
(B)    Any Illegal Start except when,
(i)    Adequate proof, in the form of a Mechanics Affidavit provided by the Board, prepared and executed by the mechanic performing the repair work with a complete description of the work performed and that the illegal start was incidental to the work performed. Any Mechanic's Affidavit submitted shall be accompanied by receipts of said mechanic, or
(ii)    Adequate proof, in the form of a Mechanics Affidavit provided by the Board, prepared and executed by the program participant, if the work was performed by him, under oath, with a complete description of the work performed and that the illegal start was incidental to the work performed. Any Mechanic's Affidavit submitted shall be accompanied by receipts for parts or sublet labor.
(C)    Two (2) Re-test failures in a Sixty (60) day period. Each Sixty (60) day period shall run from the date of installation,
(D)    Three (3) Re-test refusals in a Sixty (60) day period, unless accompanied by a Mechanic's Affidavit as specified in 2(a) of this subsection. Each Sixty (60) day period shall run from the date of installation,
(E)    Failure to return to the IID to a licensed service center within Eight (8) days from entering a lockout condition may result in a Reportable Violation except when:
(i)    The vehicle is being repaired. In the event the vehicle is being repaired, the program participant must inform their licensed service center at least every Eight (8) days as to the location of the vehicle and the anticipated date of completion of the repairs, or
(ii)    The vehicle is being replaced. In the event the vehicle is being replaced by another vehicle, the reinstallation of the IID in the subsequent vehicle must be accomplished within Eight (8) days of original removal, and
(F)    IID Removal except;
(i)    Upon receipt of documentation from the Installation Authority or Monitor authorizing said removal, which shall only be performed by an Interlock Technician duly licensed by the Board.
(ii)    The vehicle is being repaired. In the event the vehicle is being repaired, the program participant must inform their licensed service center at least every Eight (8) days as to the location of the vehicle and the anticipated date of completion of the repairs. In the event the IID must be disconnected during any repairs, said work must be performed or authorized by an Interlock Technician duly licensed by the Board. The reinstallation request must be accompanied by the Mechanics Affidavit as described herein, or
(iii)    When the vehicle is being replaced. In the event the vehicle is being replaced by another vehicle, the removal and reinstallation of the IID in the subsequent vehicle must be accomplished within Eight (8) days of original removal and performed by an Interlock Technician duly licensed by the Board.
(G)    Tampering as defined in paragraph (vv) of this chapter.
(2)    Reportable violations shall be reported to the Installation Authority and/or Monitor by the five business days, banking holidays excepted, after the vendor verifies the violation.
(mm)    Re-test: After passing the test allowing the engine to start, the IID shall require a second test within a randomly variable interval ranging from 5-15 minutes and shall allow a preset time period ranging from 4-6 minutes for the test to be completed. The third and subsequent retests shall be required at intervals ranging from 15 to 45 minutes from the previously requested test for the duration of the travel and shall allow the said 4-6 minutes for the test to be completed. The re-test set point value shall be 0.03.
(ll nn) Revocation:
(1)    Revocation refers to the immediate cancellation of certification. Revocation is an action taken only by the Board or its designee. To regain certification after revocation requires a written request from the applicant to the Board and successful completion of the requirements for certification and/or re-certification and/or a cost for this reinstatement, plus any other requirements determined by the Board. Revocation invalidates any current IID program certification issued to the revoked entity for the period of revocation and until recertification. Unless provided for by specific provision in these rules, revocation will apply when the holder of the certification no longer meets the criteria for certification. Examples of cases for which revocation will apply include, but not limited to, the following:
(A)    a certified IID service center that no longer meets the requirements of these rules because of unreliability, incompetence, or violation of these rules.
(B)    A certified inspector or service representative who is no longer in compliance with the requirements for certification under these rules including a certified inspector or certified service representative who, subsequent to certification, is convicted of driving while intoxicated, theft, a crime involving moral turpitude, or any offense classified as a felony.
(C)    any case where, in the opinion of the Board or its designee, continuance of certification would not uphold the scientific integrity of the IID program.
(2)    If after the allowed appeals process, the revocation of a service center is sustained; the revoked entity shall be required to replace the IID service and/or the IID as in 40:50-1-5 of this title (relating to Maintenance and Calibration Requirements).
(3)    In the event that no appeal from the revoked service center is forthcoming, the revoked entity shall have 30 days to achieve the requirements of 40:50-1-5 of this title (relating to Maintenance and Calibration Requirements).
(mm)    Rolling re-start: After passing the test allowing the engine to start, the IID shall require a second test within a randomly variable interval ranging from 5-15 minutes. The third and subsequent retests shall be required at intervals not to exceed 15 to 45 minutes from the previously requested test for the duration of the travel. See re-test set point.
(oo)    Re-test refusal: Failure to complete a Re-test within the 4-6 minutes allowed. Any retest refusal shall be recorded in the data storage system as a retest violation.
(pp)    Re-test failure: A Re-test breath test resulting in a positive result. Any retest failure shall be recorded in the data storage system as a retest violation.
(nnqq) Rolling re-test Re-test violation: An event, recorded in the data storage system when the rolling retest requirements isare not met. Any re-test violation recorded in the data storage system shall result in a violation reset.
(oorr)    Service center: The physical location where the service representative performs their IID services. Also see certified service center.
(ppss)    Service representative: See Certified service representative.
(qqtt)    Startup set point: A pre-set or pre-determined alcohol concentration setting at which, or above, the device will prevent the ignition of a motor vehicle from operating. That value shall be an alcohol concentration of 0.02g/210 liters of breath.
(rruu)    Suspension: Suspension refers to the immediate cancellation or curtailment of certification and may be applied to any certified IID entity when, because of unreliability, incompetence, or violation of these rules that entity is not in compliance with the provisions stated in these rules or when continuance of such certification, in is the opinion of the Board, would not uphold the scientific integrity of the IID program. A suspension can be initiated by an IID inspector or designated representative of the Board. Prior to appeal to the Board, suspensions may be set aside or sustained only after investigation by the Board. The minimum period of suspension as determined by the Board will be for a period of time not less than 30 days. The IID inspector or a designated representative of the Board may recommend a specific period of suspension to the Board.
(1)    A suspension cancels any certification issued to a suspended inspector or service representative for a period of suspension until recertification. During a suspension, the suspended entity is barred from providing any service to the IID program.
(2)    A suspension curtails any certification issued to a suspended service center for a period of suspension until recertification. During a suspension, the suspended service center may continue to provide service to those IID customers in existence prior to the suspension, but shall not acquire new IID customers during the period of suspension.
(3)    To regain certification after the period of suspension requires a written request from the suspended entity to the Board. Upon receipt of the written request, the applicant will be advised of the necessary steps to be taken in order to regain certification. Suspension will not be considered by the Board to be a disciplinary action but shall be for the purpose of maintaining the scientific integrity of the ignition interlock program and upholding these rules. Suspension may be appealed in accordance to 40:50-1-10 of these rules.
(ssvv)    Tampering: An overt or conscious attempt to provide means whereby the operator may physically disable, disconnect the IID from its power source, wire around the device or otherwise use an artificial air source and thereby allow the operator to start the engine without taking and passing the requisite breath test. This attempt, whether successful or not, shall be recorded in the data storage system as a violation. Tampering may result in a Reportable Violation.
(ttww)    Vendor: The person or entity representing the manufacturer(s) of an approved IID and responsible for the day-to-day operations and continuing of an IID service center. Must have manufacturer's approval for use of a particular approved IID either through purchase or lease agreement. May be synonymous with manufacturer's representative.
(uuxx)    Violation: Any of several events including but not limited to such things as penalty failshigh alcohol, whether from a violation set point or from a retest set point, rolling retest violations, tampering, or an illegal start, or any other event prohibited by the installation authority or monitor. These events, recorded in the data storage system must be reported as per appropriate judicial requirements and which, when accumulated to a total determined by the appropriate judicial authority, shall enter a lockout condition within a period to exceed seven (7) days and require a violation reset.
(vvyy)    Violation re-set: An unscheduled service of the IID and download of the data storage system by the service center required because an accumulation of violations has reached a number (predetermined by appropriate judicial authority) that generates a lock out condition a violation has been recorded in the data storage system. This information shall be reported to the appropriate judicial authority within 48 hours after the vendor confirms the violation. A violation reset shall cause the IID to enter a lockout condition in five (5) days from the date of the violation. Completion of this service will include restoring the IID to a state that will allow the vehicle to be started.
(ww)    Violation set point: A pre-set or pre-determined alcohol concentration setting at which, or above, the device will record the high alcohol result in data storage system as a violation. Until modified by the Board of Tests for Alcohol and Drug Influence, said pre-set point shall be 0.05.
(xxzz)    Withdrawal of approval: Cancellation of approval of a device; to wit, not meeting or maintaining these regulations.
40:50-1-2.  Procedure for device approval
(a)    All ignition interlock devices to be used in the state of Oklahoma must be approved by the State Director of Tests for Alcohol and Drug Influence, of the Board of Tests for Alcohol and Drug Influence. The rules and requirements only apply to the IID usage in the Oklahoma legal system in applications such as (but not limited to) court orders, probation requirements or by the Department of Public Safety's Legal Division and/or occupational licensing requirements. They are not intended to apply to or limit IID use in a voluntary or non-adjudicated scenario such as a parent having an IID placed on a child's motor vehicle. intended to apply to or limit IID use in a voluntary or non-adjudicated scenario such as a parent having an IID placed on a child's motor vehicle.
(b)    The Board will establish and maintain a list of approved devices, published in these rules, available for public review at the administrative office of the Board during regular office hours, by model and/or class for use in the state. Only fuel cell devices will be accepted in Oklahoma.
(c)    If application is made for approval of a device by model and/or class not on the approved list, the following procedures and standards shall apply.
(1)    A manufacturer or manufacturer's representative requesting approval of a device must submit a product model of the device, along with a written request for approval. It shall be the responsibility of the manufacturer or manufacture's representative to incur costs of mailing, shipping or physically bring the device to and from the Board. It shall also be the responsibility of the manufacturer or the manufacture's representative to submit a certified check or money order in the amount of $1,000.00 $75.00, as designated on the Boards fee schedule posted in Chapter 55 (this is an administrative processing fee and is non-refundable). In the event of non-approval, additional requests for approval for the same device, submitted within one year of the original submission, shall not incur any additional fee. Repetitive additional requests for approval may be limited by the Board. In the event of non-approval, additional requests for approval may be limited by the Board. The Board shall not get involved participate in research and development procedures of these devices.
(2)    Accompanying each device shall be shall be a notarized affidavit from a testing laboratory certifying that the submitted device by model and/or class meets or exceeds all requirements set forth in 40:50-1-3 of this title (relating to Technical requirements) and 40:50-1-4 of this title (relating to Miscellaneous Requirements) and/or any other requirements as determined by the Board. This affidavit shall also include:
(A)    the name and location of the laboratory;
(B)    the address and phone number of the testing laboratory;
(C)    a description of the test performed preformed;
(D)    copies of the data and results of the testing procedures; and
(E)    the names and qualifications of the individuals performing the test.
(d)    Prior to approval of the device, the manufacturer or the manufacturer's representative shall complete and submit an approved application Affidavit available through the Board. The notarized Affidavit shall be signed by the manufacturer or the manufacturer's representative. This affidavit shall state that the device by model and/or class will be calibrated and maintained pursuant to these rules and as designated by the Board. The affidavit shall include the following information:
(1)    Name of individuals designated as the state service representative responsible for installation, periodically maintaining, calibrating and repairing the IID in accordance with the rules of the Board.
(2)    Address of these individuals.
(3)    Phone number of these individuals.
(4)    Qualifications of these individuals.
(A)    If a device is submitted for approval by a party other than the manufacturer, the submitting party shall submit a notarized affidavit from the manufacturer of the device certifying that the submitting party is an authorized manufacturer's representative and that it is agreed and understood that any action taken by the Board or any cost incurred in accordance with the provisions of these rules shall ultimately be the responsibility of the manufacturer.
(B)    After the device is approved, in order to do business in the Oklahoma IID program, a manufacturer must vend through a Certified IID Service Center as described in 40:50-1-7 of this title (relating to Certification and Inspection of Service Centers).
(e)    An annual reevaluation of the approved IID, pursuant to Board of Tests for Alcohol and Drug Influence Title 40 Chapter 50 shall be required in order for continued approval ($1000.00) ($75.00). This reevaluation shall consider those requirements, and 40:50-1-3, 40:50-1-4 and 40:50-1-5 of this title (relating to Technical Requirements, Miscellaneous Requirements, and Maintenance and Calibration Requirements). The cost of this reevaluation shall be the same as for the initial approval process noted in subsection c (1) of this section.
(f)    Annually provide to the Board a written report of each service and feature of all approved IIDs made available by the manufacturer. The Board shall make available the form for this report.
(g)    The vendor shall notify the Board in writing if the Certification or approval of a device that is approved for use in Oklahoma is or ever has been suspended, revoked or denied in another state, whether such action occurred before or after approval in Oklahoma. This notification shall be made in a timely manner, not to exceed 30 days, after the vendor has received notice of the suspension, revocation, or denial of certification or approval of the device, whether or not the action is or has been appealed.
40:50-1-3.  Technical requirements
(a)     Accuracy. The startup set point value for the interlock device shall be an alcohol concentration of 0.020g/210L of breath. The accuracy of the device shall be 0.020g/210L ± 0.01g/210L. The accuracy will be determined by analysis of an external standard generated by a reference sample device, wet bath simulator, dry gas or other methodologies approved by the Board. The startup set point value for voluntary or non-adjudicated IID clients may not exceed an alcohol concentration of 0.030g/210L of breath.
(b)     Alveolar breath sample. The device shall have a demonstrable feature designed to assure that the breath sample that is measured is essentially alveolar air.
(c)     Precision. The device shall correlate with a known alcohol concentration of 0.020g/210L with accuracy set forth in subsection set forth in subsection (a) of this section. A correlation of 95% will be considered reliable precision; 95 of 100 times the device must respond to, detect, and prevent the motor vehicle engine from operating when the operator has alcohol concentration of 0.02g/210L or greater, or any other limits as set by the Board.
(1)    The proportion of false positive results shall not exceed 5.0%
(2)    The proportion of false negative results shall not exceed 5.0%.
(d)     Specificity. A test of alcohol-free samples shall not yield a positive result. Endogenously produced substances capable of being present in the breath shall not yield or significantly contribute to positive results.
(e)     Temperature. The device shall meet the requirements of subsections (a) and (b) of this section when used at ambient temperature of -20 ° C to 50 ° C or other limits as set by the Board.
(f)     Rolling restart or retest Retest. To thwart curbside assistance, after passing the test allowing the engine to start, the IID shall require a retest as defined in 40:50-1-1(mm).second test within a randomly variable interval ranging from 5 to 15 minutes. Third and subsequent retests shall be required at intervals not to exceed 15 minutes from previously requested test for the duration of the travel. During the rolling retest, the retest set point shall be the same as the startup set point. In order to alert the driver that a retest is to be required, a warning light and/or tone shall come on. The driver will then be afforded sufficient time to retest. If the engine is intentionally or accidently shutdown after or during the warning but before retesting, the free restart shall not be operative. The failure to take a retest shall be recorded in the data storage system as a violation.
(g)     Vibrational stability. The device shall meet the requirements of subsections (a) and 9 (c) of this section when subjected to simple harmonic motion having an amplitude of 0.38 mm (0.015 inches) applied initially at a frequency of 10 Hz and increased at a uniform rate to 30 Hz in 22 minutes, then decrease at a uniform rate to 10 Hz in 22 minutes. The device shall also meet the requirements to simple harmonic motion having an amplitude of 0.19mm (0.0075 inches) applied initially at a frequency of 30 Hz in 22 minutes.
40:50-1-4.  Miscellaneous requirements
(a)     Anticircumvention. The device shall be designed so that anticircumvention features will be difficult to bypass.
(1)    Anticircumvention provisions shall include, but not be limited to, prevention or preservation of evidence of cheating by attempting to use bogus or filtered breath samples or bypass the breath sampling requirements of the deviceelectronically.
(2)    The device may use special seals or other methods that record attempts to bypass anticircumvention provisions.
(3)    The device shall be checked for evidence of tampering at least every sixty (60) days or more frequently if the need arises.
(4)    When evidence of tampering is discovered, the licensed Interlock Technician shall notify the installation authority and/or monitorappropriate judicial authority and /or the Department of Public Safety shall be notified in writing and these records shall be made available to the Board upon request subject to the limitation specified in 40:50-1-7(c)(4)(B).
(b)     Operational features.
(1)    The device shall be designed to permit a free restart of the motor vehicle's ignition within a reasonable time as approved by the Board after the ignition has shut off, without requiring a further alcohol analysis.
(2)    The device shall also automatically purge alcohol before allowing subsequent analyses. In addition to the operational features of these rules, the Board may impose additional requirements, as needed, depending upon design and functional changes in device technology.
(3)    The device shall have a data storage system of sufficient capacity to facilitate the recording and maintaining of all daily driving activities for the period of time elapsed from one maintenance and calibration check, as referred to in 40:50-1-5 of this title (relating to Maintenance and Calibration Requirements) to the next.
(c)     Product liability. The manufacturer of the device shall carry liability insurance covering product liability, including coverage in Oklahoma with a minimum policy limit if of one million dollars ($1,000,000.00).
(d)     Service report. The manufacturer shall ensure responsibility for service within a maximum of 48 hours after notification of a reported malfunction. This support shall be in effect during the period the device is required to be installed in a motor vehicle or during such time as lease of the device shall be in effect.
(e)     Modifications. Once a device by model and/or class has been approved, no modification in design or operational concept may be made without prior written consent of the Board or its designee. This does not include replacement or substitution of repair parts to maintain the device nor software changes that do not modify the operational concept of the device.
(f)     Warning label. A label warning against tampering, circumventing, or misuse shall be affixed to each device.
(g)     Safety. The device shall be designed to comply with generally recognized safety requirements.
(h)     Specification and operating instructions. Manufacturers shall provide to the Board with each device submitted for approval, a precise set of specifications, which describe the features of the device concerned in the evaluation of its performance. A set of detailed operating instructions shall be supplied with each device.
(i)     Product indemnity. The manufacturer shall provide a signed statement that the manufacturer shall indemnify and hold harmless the state of Oklahoma, the Board and its members, employees and agents from claim, demands, and actions, as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer or their representative relating to the installation, service, repair, use and/or removal of an IID.
(j)     General. Any other requirements as may be determined necessary by the Board or its designee to ensure that the device functions properly and reliably.
40:50-1-5.  Maintenance and calibration requirements
(a)    The device shall be inspected, maintained, and calibrated for accuracy and operational performance upon installation and at least once every sixty (60) days and more frequently, if necessary, as specified by the Board or the appropriate judicial installation authority and/or monitor. This maintenance and calibration check will be performed by a certified IID service center as described in 40:50-1-7 of this title (relating to Certification and Inspection of Service Centers). On and after July 1, 2007, upon installation pursuant to an installation authority, the service representative shall provide the program participant with an installation certificate indicating the date installed and the name of the service representative. Each installation certificate shall be affixed with a seal from the Board showing the participant has paid a ten dollar ($10.00) installation fee to the Board.
(b)    The maintenance and calibration check will consist of, but not be limited to, a check of the device to determine that the device is properly functioning in accordance with the following sections:
(1)    Accuracy - 40:50-1-3 (a) of this title (relating to Technical Requirements);
(A)    The device shall be calibrated before placing into service. The calibration described herein shall verify the IID accuracy to be within plus or minus (±) 0.010g/210L of the reference sample predicted value.
(B)    Upon return to the service center as in subsection (a) of this section, the device shall be subjected to a calibration confirmation test. The test results described herein shall verify the accuracy of the IID to be within plus or minus (±) 0.010g/210L of the reference sample predicted value.
(i)    Should the device fail the calibration confirmation test referred to in subsection (b)(1)(B) of this section that information shall be made available to the appropriate judicial authority and provided upon request to the Board and/or the installation authority and/or the monitor.
(ii)    Should the calibration confirmation test referred to in subsection (b) (1) (B) of this section not agree within plus or minus (±) 0.010 g/210L of the reference sample predicted value, the device shall be recalibrated so as to restore accuracy described in subsection (b)(1)(A) of this section before the device may be returned to service.
(2)    Anticircumvention - 40:50-1-4 of this title (relating to Miscellaneous Requirements); and
(3)    Operational features - 40:50-1-4 of this title (relating to Miscellaneous Requirements).
(c)    Maintenance and calibration records shall be maintained by the manufacturer, the manufacturer's representative, and/or the vendor and shall be provided upon request to the Board, the installation authority and/or any appropriate judicial authority and/or the Department of Public Safety. the monitor.
(d)    If at any time the device fails to meet the provisions of this section, the device shall be removed from service or recalibrated and/or repaired, and these reports shall be made available to the appropriate judicial authority and/or the Department of Public Safety andprovided upon request to the Board.
(e)    A manufacturer shall be responsible for providing continuing service by a certified service center during the installation period, without interruption, should a certified service center go out of business or be revoked.
(1)    If the out of business or revoked service center is being replaced, the manufacturer shall make all reasonable efforts to obtain participant records and data from certified service center being replaced and provide them to the new service center. The Board shall be notified of this event within thirty (30) days.
(2)    If the out of business or revoked service center is not replaced, the manufacturer shall retain the records and data as required in subsection (e)(1) of this section. The Board shall be notified of this event as soon as possible.
(A)    The manufacturer shall be responsible for, and shall bear the cost of, removal of the original IID, regardless of the manufacturer of the device being substituted, if another manufacturer's device is available. The manufacturer shall also determine that each participant with an existing installed IID is able to obtain the required service within a reasonable distance, or the closest service center available, of participant's residence or place of business.
(B)    The manufacturer shall make every reasonable effort to notify all participants of the change of the certified service center or replacement of the device thirty (30) days before the change or replacement will occur, or as soon as is possible.
(3)    If neither subsection (e) (1) nor subsection (e) (2) of this section can be accomplished, the manufacturer shall be responsible for notifying the clients and the installation authority and/or monitor appropriate judicial authority that service will be terminated within sixty (60) days, and then removing the device at no cost to the clients in question.
40:50-1-7.  Certification and inspection of service centers
(a)    All IID service centers conducting business in this state, whether fixed or mobile, must have the approval of and be certified by the Board and pay a fee for site inspection of $100.00.
(b)    To initiate certification for an IID service center, a vender or IID manufacturer's representative shall submit an application to the Board for approval. The application, available from the Board, shall show physical location of service center, the brand and/or model of the ignition interlock device(s) to be merchandised and reference sample device(s) to be used. The application shall also contain a statement acknowledging permission from the IID manufacturer to vend the IID described by application. Only IID's listed on the approved (40:50-1-11) list referenced in 40:50-1-2 of this title (relating to Procedure for Device Approval) may be merchandised. A vendor applying for certification of an IID service center must agree to:
(1)    Allow access for inspection under subsection (d) of this section,
(2)    comply with subsection (g) of this section,
(3)    comply with subsection (c) of 40:50-1-4 of this title (relating to Miscellaneous Requirements) concerning product liability insurance requirements, and
(4)    comply with subsection (d) 40:50-1-4 of this title (relating to Miscellaneous Requirements) concerning service support requirements.
(5)    pay fees for inspection of site as stated in (a) of this section.
(c)    All IID testing techniques, in order to be approved, shall meet, but not be limited to, the following:
(1)    A certified IID service center shall be located in a facility which properly and successfully accommodates installing, inspection, downloading, calibrating, repairing, monitoring, maintaining, servicing an /or removing a specific IID device(s). The service center must incorporate the use of analysis of a reference sample such as head space gas from a mixture of water and known weight of alcohol at a known temperature, the results of which must agree with the reference sample predicted value as in 40:50-1-5 of this title (relating to Maintenance and Calibration Requirements), or other methodology that may be approved by the Board (40:50-1-3, Technical Requirements, (a) Accuracy) Preparatory documentation (such as certificate of analysis) on then reference sample solution(s) shall be available to the Board. Only reference sample devices approved by the Board and specified in 40:25-1-3 may be used in certified IID operations.
(2)    Services rendered by IID service center must be performed by a properly trained and certified service representative. IID service centers shall maintain sufficient staff to ensure an acceptable level of service. Monitor checks shall be scheduled in a manner such as not to deprive the client of an acceptable level of service. The IID service center must at all times be staffed with at least one certified service representative. Potential service representative candidates may train in the certified IID service center only under the direct supervision of a currently certified service representative. The potential service representative candidate will be given a reasonable time as determined by the Board to train before being required to take and pass the IID service representative examination.
(3)    All analytical results shall be expressed in grams of alcohol per two hundred and ten liters (g/210L).
(4)    The applicant must agree to maintain any specified records designated by the Board, including but not limit limited to:
(A)    submitting reportable violation(s) if any, of any court order to appropriate judicial authority and/or the Department of Public Safety, not later than 48 hours after the vendor confirms the violation to the installation authority and/or the monitor as specified in 40:50-1-1(ll) .
(B)    maintaining complete records of each device installed for five (5) years from the date of the removal.
(C)    making IID records available, either by inspection or via copy to any appropriate judicial installation authority and/or the monitor and/or Department of Public Safety and upon request to the Board.
(5)    Anticircumvention features must be activated an on any installed IID.
(6)    If applicable, the The device must be installed and inspected in accordance with these rules applicable court order. Furthermore, the service center, through the certified IID representative(s), shall perform a visual inspection of the vehicle, the devices, and the device's wiring to ensure no tampering or circumvention has occurred during the monitoring period. In the case wherein the client returns to the service center as in 40:50-1-5 of this title (relating to Maintenance and Calibration Requirements) absent their vehicle, such fact shall be made available to the appropriate judicial authority or the Department of Public Safety.
(d)    An IID inspector or a designated representative of the Board may at any time make an inspection of the certified IID service center to ensure compliance with these rules.
(e)    A designated custodian of records, when required, shall be provided by the vendor to testify in court and provide testimony concerning the interpretation of any data storage system records, as required by these courts and to answer questions concerning certification of the IID program.
(f)    Upon proof of compliance with subsection (a)-(c) of this section, certification will be issued by the Board. Issuance of a certificate to the service center shall be evidence that the service center meets all necessary criteria for approval and certification. Prior to issuance of the certification, an on-site evaluation may be required by the Board to ensure compliance with the provisions of this section.
(g)    Certification of the IID service center is contingent upon the applicant's agreement to conform and abide by any directives, orders or policies issued or to be issued by the Board regarding any aspect of the IID service center; this shall include, but not be limited to, the following:
(1)    program administration;
(2)    reports;
(3)    records and forms;
(4)    inspections;
(5)    methods of operation and testing techniques;
(6)    personnel training and qualifications;
(7)    criminal history considerations for service representative; and
(8)    records custodian.
(h)    Certification of an IID service center may be denied, withdrawn, inactivated, suspended, or revoked by the Board if a vendor, service center, service representative, or IID equipment fails to meet all criteria stated in this section, or if the vendor violates any law of this state that applies to the vendor. An IID service center whose pending application for certification has been denied, or an IID service center whose certification has been withdrawn, inactivated, suspended or revoked may appeal may be made by following the appeal process established in 40:50-1-10 of these rules. The Board may allow the pending application for certification of the IID service center, or the Board may reinstate certification of the IID service center appealing the withdrawal, activation, suspension or revocation of certification under such conditions deemed necessary.
(i)    Recertification of a service center whose certification has been withdrawn, inactivated, suspended or revoked will require a written request from the applicant to the Board and successful completion of the original requirements for certification as outlined in subsection (b) of this section and/or other requirements as determined by the Board.
(j)    Recertification of a service center whose certification has been withdrawn, inactivated, suspended or revoked will require a fee as show in Chapter 55 of the Boards Rules before recertification will take place.
40:50-1-8.  Service representative
(a)     Initial certification.
(1)    In order to apply for certification as a service representative of an ignition interlock device service center, an applicant must successfully attain the following and pay a fee of $100.00 $35.00:
(A)    proof of employment by an ignition interlock device service center that meets the requirements set forth in 40:50-1-7 of this title (relating to Certification and Inspection of Service Centers); and
(B)    documentation from the aforementioned employee employer that the applicant is currently trained in all necessary aspects of the specific IIDs involved in the vendors service center.
(C)    If a service representative is certified to work with a specific brand and/or model of equipment and is required to be certified on an additional brand and/or model of equipment, the Board may waive portions of subsection (a)(1)(B) of this section and require only that instruction needed to acquaint the applicant with proper operation of the new brand and/or model of equipment.
(2)    Prior to initial certification as a service representative of an ignition interlock device service center, an applicant must satisfactorily complete a written examination which shall cover the regulatory aspects of the Oklahoma IID program.
(A)    Failure of the initial written examination will cause the applicant to be ineligible for reexamination for a period of thirty (30) days.
(B)    A subsequent failure will be handled the same as an initial failure.
(3)    An applicant who has been convicted of an alcohol related offense, theft, crime involving moral turpitude, or any offense classified as a felony, within five (5) years prior to the date of filing of the applicant's application for certification as an IID service representative is may not be eligible for certification. For purpose purposes of this section, a conviction means the applicant was adjudicated guilty, No lo contendere or received a deferred sentence by a court of competent jurisdiction.
(b)     Renewal of current certification. The service representative is required to renew certification prior to its expiration date. The minimum requirement for renewal of service representative certification will be:
(1)    a biennial annual written acknowledgment from the service representative's employing IID vendor that this service representative is both;
(A)    employed by the vendor in the capacity of service representative, and
(B)    currently trained in all necessary aspects of the IIDs involved in the vendor's service center.
(C)    Renewal fee of $75.00 $25.00 has been paid.
(2)    a biennial annual written acknowledgment from the service representative that he or she still meets the requirements of subsection (a)(3) of this section.
(3)    Renewal of certification will be denied and current certification will be inactivated when the service representative:
(A)    fails to finish furnish proper documentation required in subsection (b)(1)(A) and of this section or
(B)    fails to meet requirements of subsection (a)(3) of this section.
(4)    Upon successful completion of the requirements for renewal of certification, the Board will issue the individual a service representative's certificate valid for a period of time designated by the Board or until next renewal unless certification is withdrawn, inactivated, suspended, or revoked.
(c)    Certification of the service representative may denied, withdrawn, inactivated, suspended or revoked by the director if the service representative fails to meet the requirements of these rules. A person whose pending application for certification has been denied, or service representative whose certification has been withdrawn, inactivated, suspended or revoked may appeal such action as established in 40:50-1-10 of this these rules. The Board may allow the pending application for certification as an IID service representative, or the Board may reinstate certification of the IID service representative appealing the withdrawal, inactivation, suspension or revocation of certification under such conditions deemed necessary.
(d)    Recertification of a service representative whose certification has been withdrawn, inactivated, suspended or revoked will require written request from the applicant to the Board and successful completion of the original requirements for certification as outlined in subsection (a) of this section and/or other requirements as determined by the Board.
(e)    Recertification of a service representative whose certification has been withdrawn, inactivated, suspended or revoked will require a reinstatement fee, this fee will be found in Chapter 55 of the Boards Rules. equal to the fee for intial certification.
40:50-1-9.  Ignition interlock inspector
(a)    The minimum qualifications for certification as an IID inspector are:
(1)    graduation from a standard senior high school or the equivalent plus two (2) years or more responsible work experience. College may substitute for experience on a year-per-year basis.
(2)    the satisfactory completion of IID inspector training that is approved by the Board, the content of which shall include, but not limit be limited to familiarity with:
(A)    record keeping appropriate to approved IIDs in use in the State of Oklahoma;
(B)    operational principles and theories applicable to the program; and
(C)    legal aspects of the IID program.
(3)    Knowledge and understanding of the scientific theory and principles as to the operation of the IID and reference same device.
(4)    Persons who are currently engaged in business with or employed by an IID manufacturer or an IID vendor shall not be eligible to become a certified IID inspector.
(5)    An applicant who has been convicted of an alcohol related offense, theft, a crime involving moral turpitude, or any offense classified as a felony, within five (5) years prior to the date of filing of the applicant's application for certification as an IID inspector is may not be eligible for certification. For purpose purposes of this section, a conviction means the applicant was adjudicated guilty, no lo contendere or received a deferred sentence by a court of competent jurisdiction.
(6)    Upon satisfactory proof to the Board by the applicant that the minimum qualifications of this subsection have been met, the Board will approve and direct the State Director to issue a certificate that will be valid unless certification is withdrawn, inactivated, suspended or revoked for cause.
(b)     Duties. A certified IID inspector will make a minimum of one onsite inspection of each service center as needed or directed by the State Director. Such an inspection will include but not limited to:
(1)    Any and all IID technician requirements as per 40:50-1-3 of this section (relating to Technical Requirements).
(2)    Any and all IID miscellaneous requirements as per 40:50-1-4 of this title (relating to Miscellaneous Requirements).
(3)    Any and all IID maintenance and calibration requirements as per 40:50-1-5 of this title (relating to Maintenance and Calibration Requirements).
(4)    Any and all service center representative requirements as per 40:50-1-7 of this title (relating to Certification and Inspection of Service).
(5)    Any and all service representative requirements as per 40:50-1-8 of this title (relating to Service Representative).
(c)     Fees. Vendors shall reimburse the Board for conducting each inspection of the vendor's facility under this section. These fees shall be $100.00 for initial and $75.00 renewal each year thereafter. This cost shall be uniform for all facilities inspected.
(1)    The Board may conduct more inspections for cause, such as complaints from judicial, or adult supervision, or client at additional cost to the service center being inspected.
(2)    The calculated cost per inspection will be standardized throughout the IID program unless there are individual vendor circumstances that require additional costs to the Board and will consequently be passed through to the affected vendor(s).
(d)    Certified IID inspector will be appointed by the State Director of Tests and this appointment will be reviewed and approved by the Board and a fee of $100.00 for initial issuance and $75.00 for renewal.
(e d)    Certification of a an IID inspector may be denied, withdrawn, inactivated, suspended or revoked by the Director, if the inspector fails to meet the requirements of these rules.
(fe)    A person whose pending application for certification has been denied, or an IID inspector whose certification has been withdrawn, inactivated, suspended or revoked may appeal such action as required in 40:50-1-10 of these rules. The Board may allow the pending application for certification as an IID inspector, or the Board may reinstate certification of the IID inspector appealing the withdrawal, inactivation, suspension or revocation of certification under such conditions deemed necessary.
(gf)    Recertification of an IID inspector whose certification has been withdrawn, inactivated, suspended, or revoked will require a written request from the applicant to the State Director. , Such request must will be reviewed and approved by the Board, and after successful completion of the original requirements for certification as outlined in subsection (a) of this section and/or other requirements as determined by the State Director.
40:50-1-11.  Approved ignition interlock devices
(a)    Any ignition interlock device, approved by the Board as meeting the above requirements, by resolution, at an open meeting of the Board as well as the following models are hereby approved for legally required IID installations.
(a 1)    Draeger Interlock (Dräger) Model 920 and Model XT
(b 2)    CSI CST, Inc., Model 1001A
(c 3)    Guardian Interlock System AMS 2000
(d 4)    Lifesaver Lifesafer Interlock System Model FC100
(e 5)    SmartStart Instrument Model SSI-1000 and SSI20/20
(b)    The Board shall maintain a list of all said IIDs, available for public review at the administrative office of the Board during regular office hours.
[OAR Docket #08-751; filed 4-28-08]

TITLE 150.  Oklahoma Department of Commerce
CHAPTER 65.  Oklahoma Quality Jobs Program
[OAR Docket #08-786]
RULEMAKING ACTION:
PERMANENT Final Adoption
RULE:
150:65-1-2 [AMENDED]
150:65-1-3 [AMENDED]
150:65-1-4 [AMENDED]
AUTHORITY:
The legislation establishing the Oklahoma Department of Commerce 74 O.S. §§ 5001 et seq., and the Oklahoma Quality Jobs Program.
DATES:
Comment period:
February 1, 2008 through March 3, 2008
Public hearing:
March 4, 2008
Adoption:
March 4, 2008
Submitted to Governor:
March 7, 2008
Submitted to House:
March 7, 2008
Submitted to Senate:
March 7, 2008
Gubernatorial approval:
April 8, 2008
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 1, 2008.
Final adoption:
May 1, 2008
Effective:
June 12, 2008
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
ANALYSIS:
This action is to clarify the existing Oklahoma Quality Jobs Program rules and to incorporate recent legislative changes in the Oklahoma Quality Jobs Program.
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 JUNE 12, 2008:
SUBCHAPTER 1.  Quality Jobs Program
150:65-1-2.  Definitions
     For purposes of this chapter, the following words and terms shall have the following meaning unless the context clearly indicates otherwise.
"Application date" means the date on which the establishment's application is first received and stamped by a Quality Jobs representative at the Oklahoma Department of Commerce.
"Approval date" means the date on which the Executive Director of the Oklahoma Department of Commerce issues the offer to an establishment to receive incentive benefits pursuant to the Oklahoma Quality Jobs Program.
"Baseline employment" means an establishment's total number of jobs, which existed in this state prior to the application date of the establishment to approval of the establishment's application by the Oklahoma Department of Commerce. A job shall be deemed to exist in this state prior to approval of an establishment's application if the activities and functions for which the particular job exists have been ongoing at anytime within six (6) months prior to such approval of the establishment. Upon approval of an application or upon the start date of a project if it is more than sixty days six months later than the application approval date, the Department may shall determine an establishment's baseline employment to be its then current employment or its average employment over the last four quarters and may adjust the average wage requirement to meet the most current average wage requirement.
"Change in control event" means the transfer to one or more unrelated establishments or unrelated persons, of either:
(A)    beneficial ownership of more than fifty percent (50%) in value and more than fifty percent (50%) in voting power of the outstanding equity securities of the transferred establishment, or
(B)    more than fifty percent (50%) in value of the assets of an establishment. A transferor shall be treated as related to a transferee if more than fifty percent (50%) of the voting interests of the transferor and transferee are owned, directly or indirectly, by the other or are owned, directly or indirectly, by the same person or persons, unless such transferred establishment has an outstanding class of equity securities registered under Sections 12(b) or 15(d) of the Securities Exchange Act of 1934, as amended, in which event the transferor and transferee will be treated as unrelated; provided, an establishment applying for the Oklahoma Quality Jobs Program Act as a result of a change of control event is required to apply within one hundred eighty (180) days of the change in control event to qualify for consideration. An establishment entering the Oklahoma Quality Jobs Program Act as the result of a change of control event shall be required to maintain a level of new direct jobs as agreed to in its contract with the Department of Commerce and to pay new direct jobs an average annualized wage which equals or exceeds one hundred twenty-five percent (125%) of the average county wage as that percentage is determined by the Oklahoma State Data Center based upon the most recent U.S. Department of Commerce data for the county in which the new jobs are located. For purposes of this paragraph, healthcare premiums paid by the applicant for individuals in new direct jobs shall not be included in the annualized wage. Such establishment entering the Quality Jobs Program Act as the result of a change of control event shall be required to retain the contracted average annualized wage and maintain the contracted maintenance level of new direct jobs numbers as certified by the Oklahoma Tax Commission. If the required average annualized wage or the required new direct jobs numbers do not equal or exceed such contracted level during any quarter, the quarterly incentive payments shall not be made and shall not be resumed until such time as such requirements are met. An establishment described in this paragraph shall be required to repay all incentive payments received under the Quality Jobs Program Act if the establishment is determined by the Oklahoma Tax Commission to no longer have business operations in the state within three (3) years from the beginning of the calendar quarter for which the first incentive payment claim is filed. [68 O.S. § 3603 (A)(2)].
"Combination" means an establishment, provided it meets the requirements of 68 O.S. Supp. 1994, Section 3601 et seq. and the requirements set out in 150:65-1-13 of this chapter.
"Commission" means the Oklahoma Tax Commission established pursuant to 68 O.S. Section 102, and any successor agencies thereto.
"Cost-benefit analysis" means the analysis the Oklahoma Department of Commerce is required to perform to determine the estimated direct state benefits and estimated direct state costs.
"Date of determination" means the date assigned by the Department on the Incentive Offer on which a subunit and the entity of which the subunit is a part, must demonstrate a net increase in total employment in accordance with 150:65-1-12 (b) and (c) of this chapter.
"Employment of the remainder of the entity of which the subunit is a part" means the total number of jobs of an entity of which the subunit is a part which existed in this state prior to the application date approval of the subunit as an establishment by to the Oklahoma Department of Commerce. Such jobs shall be deemed to exist in this state prior to approval of a subunit subunit's application as an establishment if the activities and functions for which the particular job exists have been ongoing at any time within six (6) months prior to approval of the subunit as an establishment. Upon approval of an application or upon the start date of a project of a subunit as an establishment, if it is more than sixty days six (6) months later than the approval application date, the Department shall may determine the employment of the remainder of the entity of which the subunit is a part to be its then current employment or its average employment over the last four quarters, whichever is greater and may adjust the average wage requirement to meet the then current average wage.
"Entity of which the subunit is a part" means the business or governmental entity of which a subunit is a separate part as described in 68 O.S. Supp. 1994, Section 3603(8)(a) and 150:65-1-12 of this chapter.
"Estimated direct state benefits" means the tax revenues projected...to accrue to the state as a result of new direct jobs.[68:3603(A)(4)] Such revenues shall include:
(A)    State income tax receipts from employees holding new direct jobs. The Oklahoma Department of Commerce will determine the estimated direct state benefit from personal income tax receipts by reviewing:
(i)    historical data on similar or existing projects;
(ii)    information provided by the establishment;
(iii)    data from federal agencies such United States Bureau of the Census and the United States Department of Labor;
(i)    the most recent historical data from the Oklahoma Tax Commission on average personal tax rates by income class; and,
(v)    private sector financial reports; and
(B)    State sales and use tax receipts, excise tax receipts, gasoline tax receipts and other anticipated tax receipts resulting from purchases by employees holding new direct jobs. The Department will determine the estimated direct state benefit from such taxes by reviewing:
(i)    information supplied by the establishment;
(ii)    data from federal agencies such as the United States Department of Labor;
(iii)    Oklahoma Tax Commission sales and use tax reports; and,
(iv)    private sector financial reports.
"Estimated direct state costs" means the costs projected to accrue to the state as a result of new direct jobs employing new state residents and/or new state service beneficiaries. Such costs shall include:
(A)    The costs of educating new state resident children. The Oklahoma Department of Commerce will determine the estimated direct state costs of such educations by using:
(i)    information supplied by the establishment;
(ii)    the most recent average student allocation per pupil formula provided by the Oklahoma Department of Education; and,
(iii)    United States Department of Labor statistics;
(B)    The costs of government services such as public health, public safety and transportation provided to new residents and/or state service beneficiaries. The Department will determine the estimated direct state costs for such government costs by examining the state's per capita cost of providing non-common education services and estimating the amount of the state's excess capacity; and
(C)    The costs of any industrial access road paid for with state funds and provided by the Oklahoma Department of Transportation; provided, the road is clearly from the facility to the thoroughfare and is clearly and primarily utilized by the establishment.
"Estimated net direct state benefits" means the estimated direct state benefits less the estimated direct state costs. [68:3603(A)(5)]
"Extraordinary adverse business circumstance" is an unforeseen event or series of events that adversely impact a business' ability to participate in the Oklahoma Quality Jobs Program. Such events shall not include market, economic, or business factors, but be limited to Acts of God, acts of terrorism, and civil unrest.
"Full-time equivalent employment" means employment which has a minimum six-month duration during any twelve-month time period, regardless whether the same employee holds the employment for said time.
"Line of business" means the SIC code that is reflected by the end product or services of a given project resulting in new direct jobs.
"Negative economic event" means (1) a man-made disaster or natural disaster as defined in 63 O.S. § 683.3, resulting in the loss of a significant number of jobs within a particular county of this state, or (2) an economic circumstance in which a significant number of jobs within a particular county of this state have been lost due to an establishment changing its structure, consolidating with another establishment, closing or moving all or part of its operations out of this state.
"Net benefit rate" is set forth at 68 O.S. § 3603(A)(67) as determined by the Oklahoma Department of Commerce.
"New direct job":
(A)    means full-time-equivalent employment in this state in an establishment which has qualified to receive an incentive payment pursuant to the provisions of Section 3601 et seq. of this title [68 O.S. § 3601] which employment did not exist in this state prior to the date of approval by the Department of the application of the establishment pursuant to the provisions of Section 3604 of this title [68 O.S. § 3604]; provided, that if an application of an establishment is approved by the Department of Commerce after a change in control event and the Director of the Department of Commerce determines that the jobs located at such establishment are likely to leave the state, "new direct job" shall include employment that existed in this state prior to the date of application which is retained in this state by the new establishment following a change in control event, if such job otherwise qualifies as a new direct job, and
(B)    shall include full-time-equivalent employment in this state of employees who are employed by an employment agency or similar entity other than the establishment which has qualified to receive an incentive payment and who are leased or otherwise provided under contract to the qualified establishment, if such job did not exist in this state prior to the date of approval by the Department of the application of the establishment or the job otherwise qualifies as a new direct job following a change in control event. A job shall be deemed to exist in this state prior to approval of an application if the activities and functions for which the particular job exists have been ongoing at any time within six (6) months prior to such approval. With respect to establishments defined in division (10) of subparagraph a of paragraph 1 of this subsection, [NAICS 2111] new direct jobs shall be limited to those jobs directly comprising the corporate headquarters of or directly relating to administrative, financial, engineering, surveying, geological or geophysical services performed by the establishment. Under no circumstances shall employment relating to drilling or field services be considered new direct jobs. [68 O.S. § 3603(3)] But does not include jobs which constitute an establishment's baseline employment as determined by the Oklahoma Department of Commerce pursuant to the definitions of this section. An establishment must maintain a total number of jobs equal to its baseline employment number before any job of the establishment shall be considered a new direct job.
"Quality jobs representative" means an Oklahoma Department of Commerce professional or economic development professional, trained in the Oklahoma Quality Jobs Program, who is so designated by the Executive Director, and whose responsibilities in the program include direct contact with applicants and clients, analysis of data, initiation of project proposals, preparation of project profiles and preparation of incentive offers.
"Significant number of jobs" means full-time-equivalent employment in a county equal to or in excess of three percent (3%) of the total amount of full-time-equivalent employment in that county for the calendar year, or most recent twelve-month period in which employment is measured, preceding the event.
"Subunit" means an establishment, provided it meets all requirements of 68 O.S. Supp. 1994, Section 3601 et seq. and the requirements set out in 150:65-1-12 of this chapter.
150:65-1-3.  Eligible entities
     Eligible entities which may apply for the Oklahoma Quality Jobs Program are establishments that:
(1)    Meet the definition of a "basic industry" as set forth in Section 3603 of Title 68 of the Oklahoma Statutes;
(2)    Offer medical benefits to the holders of new direct jobs through a health benefits plan meeting the requirements of the Oklahoma Quality Jobs Program Act and this chapter;
(3)    Have an annual gross payroll for new direct jobs projected to equal or exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) within three (3) years of the date of the first incentive payment. Provided, that for establishments applying as a Central Administrative Office under NAICS 551114 only payroll from those jobs associated with the Central Administrative Office corporate headquarters function shall be allowed; and
(4)    Have a number of full-time employees working an average of thirty (30) or more hours per week in new direct jobs equal to or in excess of eighty percent (80%) of the total number of new direct jobs. Provided, full-time employees provided through lease or contract by a third party employer may be included if they meet the definition of new direct jobs of the applicant.
(5)    Industry Group Numbers 3111 through 3119 of the NAICS Manual shall be required to meet the requirements set forth at 68 O.S. § 3604(D).
(6)    An establishment which locates its principal business activity on a site containing at least ten (10) acres which, that meets the requirements set forth in 68 O.S. § 3604(E)(1) shall be required to meet the requirements set forth in 68 O.S, § 3604(E)(2) through 68 O.S. § 3604(E)(4).
(7)    New direct jobs must be paid an annualized wage which equals or exceeds the thresholds set forth in 68 O.S. § 3604(F)(1) and (2), except for those otherwise qualified establishments that locate in an opportunity zone as set forth in 68 O.S. § 3604(G).
(8)    An establishment which meets the requirements set forth at 68 O.S. § 3603(A)(6)(e) may apply under those provisions.
150:65-1-4.  Application
(a)    A project profile shall be prepared for establishments that meet the requirements of 150:65-1-3. In order to prepare a project profile the establishment shall be required to provide the following information:
(1)    The calendar year and quarter in which the project first starts,
(2)    The employment resulting from the project over ten five (10 5) years,
(3)    The first and third year average salary of the new workers hired in the new direct jobs,
(4)    A description of the establishment's operations and the lines of business and operations of the project for which an application is being submitted, and
(5)    Such other information as may be required by the Department.
(b)    A preliminary analysis and the estimate of the net benefit rate and the total possible incentive available to the establishment, will be sent to the eligible establishment for review.
(c)    The establishment shall also provide a copy of its basic health benefits plan offered to employees or a description of the plan that will be offered within one hundred and eighty (180) days of the date of application employment.
[OAR Docket #08-786; filed 5-2-08]

TITLE 150.  Oklahoma Department of Commerce
CHAPTER 110.  Oklahoma Specialized Quality Investment Act
[OAR Docket #08-787]
RULEMAKING ACTION:
PERMANENT Final Adoption
RULE:
150:110-1-1 [AMENDED]
150:110-1-2 [AMENDED]
AUTHORITY:
The legislation establishing the Oklahoma Department of Commerce 74 O.S. §§ 5001 et seq., and Section 1 of House Bill 1619 of the 2nd Session of the 50th Oklahoma Legislature, executed by the Governor on February 21, 2006 and effective July 1, 2007.
DATES:
Comment period:
February 1, 2008 through March 3, 2008
Public hearing:
March 4, 2008
Adoption:
March 4, 2008
Submitted to Governor:
March 7, 2008
Submitted to House:
March 7, 2008
Submitted to Senate:
March 7, 2008
Gubernatorial approval:
April 8, 2008
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 1, 2008.
Final adoption:
May 1, 2008
Effective:
June 12, 2008
SUPERSEDED EMERGENCY ACTIONS:
Superseded rules:
150:110-1-1 [AMENDED]
150:110-1-2 [AMENDED]
Gubernatorial approval:
September 1, 2007
Register publication:
25 Ok Reg 57
Docket number:
07-1378
INCORPORATIONS BY REFERENCE:
N/A
ANALYSIS:
This action is to clarify the name of the Oklahoma Specialized Quality Investment Act program so it will not be confused with the new Oklahoma Quality Investment Act Program.
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 JUNE 12, 2008:
150:110-1-1.  Purpose and scope
     The purpose of these rules is to implement the Oklahoma Specialized Quality Investment Act at the Oklahoma Department of Commerce.
150:110-1-2.  Definitions
     For purposes of the Oklahoma Specialized Quality Investment Act:
"Capital costs" means costs for land, buildings, improvements to buildings, fixtures and for machinery, equipment and other personal property used in and for the manufacturing process incurred by a qualified establishment, on or after the effective date of this act, with respect to the manufacturing site located in this state and specified in a quality investment agreement. [68 O.S. § 4103]
"Commission" means the Oklahoma Tax Commission established pursuant to 68 O.S. Section 102, and any successor agencies thereto. [68 O.S. § 4103]
"Department" means the Oklahoma Department of Commerce. [68 O.S. § 4103]
"Director" means the duly appointed and acting Director of the Department or during any period of time that the position of Director is vacant; such term shall refer to the person serving as the acting director.
"Fiscal year" means the state fiscal year, which shall begin on July 1 of a calendar year and end on June 30 of the next calendar year. [68 O.S. § 4103]
"Qualified establishment" means a business entity engaged in the activity described by Industry Number 3011, Industry Group Number 301, Major Group 30 of the Standard Industrial Classification manual, latest revision. No establishment that has been certified as eligible to participate in the Oklahoma Quality Jobs Incentive Leverage Act incentive program shall be eligible for any investment payment pursuant to the Oklahoma Specialized Quality Investment Act. A qualified establishment shall enter into a quality investment agreement pertaining to a single manufacturing site as that term is defined in Section 1352 of Title 68 of the Oklahoma Statutes. No combination of other locations of an establishment or any related entities of an establishment shall be included in a quality investment agreement. An establishment may enter into additional quality investment agreements for additional sites. [68 O.S. § 4103]
"Quality investment agreement" means an agreement with duration, for purposes of computing the total incentive payment amount, of not more than five (5) years entered into between a qualified establishment and the Department. [68 O.S. § 4103]
"Start date" means the date on which a qualified establishment begins accruing benefits because of investment of new capital costs in a manufacturing site that is designated in a quality investment agreement with the Oklahoma Department of Commerce. [68 O.S. § 4103]
[OAR Docket #08-787; filed 5-2-08]

TITLE 150.  Oklahoma Department of Commerce
CHAPTER 130.  Oklahoma Quality Investment Act
[OAR Docket #08-788]
RULEMAKING ACTION:
PERMANENT Final Adoption
RULES:
150:130-1-1 Purpose [NEW]
150:130-1-2 Definitions [NEW]
150:130-1-3 Eligible entities [NEW]
150:130-1-4 Application and required information [NEW]
150:130-1-5 Quality investment contract [NEW]
150:130-1-6 Transmittal of information [NEW]
150:130-1-7 Claim for incentive payments [NEW]
150:130-1-8 Prohibition on receiving other credits or exemptions [NEW]
AUTHORITY:
The legislation establishing the Oklahoma Department of Commerce 74 O.S. §§ 5001 et seq., and the Oklahoma Quality Investment Act 68 O.S. §§ 4201-4210.
DATES:
Comment period:
February 1, 2008 through March 3, 2008
Public hearing:
March 4, 2008
Adoption:
March 4, 2008
Submitted to Governor:
March 7, 2008
Submitted to House:
March 7, 2008
Submitted to Senate:
March 7, 2008
Gubernatorial approval:
April 8, 2008
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 1, 2008.
Final adoption:
May 1, 2008
Effective:
June 12, 2008
SUPERSEDED EMERGENCY ACTIONS:
Superseded rules:
150:130-1-1 Purpose [NEW]
150:130-1-2 Definitions [NEW]
150:130-1-3 Eligible entities [NEW]
150:130-1-4 Application and required information [NEW]
150:130-1-5 Quality investment contract [NEW]
150:130-1-6 Transmittal of information [NEW]
150:130-1-7 Claim for incentive payments [NEW]
150:130-1-8 Prohibition on receiving other credits or exemptions [NEW]
Gubernatorial approval:
July 13, 2007
Register publication:
24 Ok Reg 2813
Docket number:
07-1320
INCORPORATIONS BY REFERENCE:
N/A
ANALYSIS:
This action is to set forth the processes and procedures foe applying for and receiving the incentive provided under the Oklahoma Quality Investment Act.
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 JUNE 12, 2008:
150:130-1-1.  Purpose
     The purpose of these rules is to implement the Oklahoma Quality Investment Act at the Oklahoma Department of Commerce.
150:130-1-2.  Definitions
     In addition to those terms defined elsewhere in this chapter, the following words and terms when used in this subchapter shall have the following meaning unless the context clearly indicates otherwise.
"At-risk establishments" are those manufacturing establishments, presently existing in Oklahoma which the Quality Investment Committee, as described in paragraph 6 of this section, finds would be lost within the state based on changes in global economies, establishment structure, consolidation of establishments, and which are structurally noncompetitive but which could regain a competitive position with new investment if incentives are offered. [68 O.S. § 4203(1)]
"Capital costs" means costs for land, building, improvements to buildings, fixtures and for machinery and equipment as those terms are described in Section 2902 of Title 68 of the Oklahoma Statutes. [68 O.S. § 4203(2)]
"Economic impact" means economic impact as described in analyses that identify the value in terms of sales tax and income tax revenues to the state and to the local community of the establishment that the retention and expansion or modernization of the manufacturing site provides. The Oklahoma Department of Commerce may contract for the performance of an economic impact analysis to aid it in determining whether to recommend entering into a Quality Investment Contract with a particular establishment. [68 O.S. § 4203(3)]
"Historical contributions trends" means historical contributions of an establishment as described in analyses of direct and indirect historical contributions to the state and local economies that an establishment has had on jobs and tax base growth, and on payroll and tax revenue inputs and growth. Analyses shall include consideration of positive trends attributable to suppliers of the establishment. The Oklahoma Department of Commerce may contract for the performance of an historical contributions analysis to aid the Quality Investment Committee in determining whether to recommend entering into a Quality Investment Contract with a particular establishment. [68 O.S. § 4203(4)]
"Local community" means the town or city and the county of the location of the establishment; provided, a city or town and a county may jointly constitute the"local community". [68 O.S. § 4203(5)]
"Quality Investment Committee" means the independent committee referenced in paragraph 6 of Section 23 of Article X of the Oklahoma Constitution that consists of the following members:
(A)    the Director of the Oklahoma Department of Commerce,
(B)    the Dean of Engineering of Oklahoma State University,
(C)    the Director of the Oklahoma Alliance for Manufacturing Excellence,
(D)    the Dean of the Price Business College of the University of Oklahoma,
(E)    the Executive Director for the Oklahoma Center for the Advancement of Science and Technology,
(F)    one small business representative from the Oklahoma Science and Technology Research and Development Board, and
(G)    the State Director of Career Technology Education. [68 O.S. § 4203(6)]
"Tax revenues projections" means a projection of anticipated tax revenues based upon an analysis of historic taxes collected from the establishment in the local community and in the state overall over the previous ten (10) years in order to determine:
(A)    the average of the growth percentages to determine the projected growth in such revenues to the community and the state over the following ten (10) years if no retooling occurs but retention is assumed to be a constant and remains stagnant,
(B)    the modernization or retooling project's estimated impact on tax revenues and growth rates over the following ten (10) years, and
(C)    the projections of loss in tax revenues should the plant location close and operations, in whole or in part, are removed from the state.
The Oklahoma Department of Commerce may contract with the Oklahoma Tax Commission for performance of tax revenues projections analyses to aid it in determining whether to enter into an agreement upon recommendation of the Quality Investment Committee. [68 O.S. § 4203(7)]
"Establishment" means a manufacturer that is a partnership, limited partnership, corporation, limited liability company, limited liability partnership, or sole proprietorship. The establishment may enter into a Quality Investment Contract pertaining to only one manufacturing site as that term is defined in Section 1352 of Title 68 of the Oklahoma Statutes. No combination of other locations of the establishment, or any related entities of the establishment is contemplated. An establishment may have multiple contracts due to multiple sites or multiple expansions due to retooling and modernization at one site. [68 O.S. § 4203(8)]
"NAICS" Manual" means any manual book or other publication containing the North American Industry Classification System, United States, 1997, or as updated or amended from time to time, promulgated by the Office of Management and Budget of the United States of America. [68 O.S. § 4203(9)]
"Start date" means the date on which an establishment may begin accruing benefits for investment of new capital costs in a manufacturing site that is assigned in the agreement with the Oklahoma Department of Commerce. [68 O.S. § 4203(10)]
"Commission" means the Oklahoma Tax Commission established pursuant to 68 O.S. Section 102, and any successor agencies thereto.
"Department" means the Oklahoma Department of Commerce.
150:130-1-3.  Eligible entities
     Eligible entities to make application to the Oklahoma Department of Commerce under the Oklahoma Quality Investment Act are establishments as defined at 68 O.S. § 4203(8).
150:130-1-4.  Application and required information
(a)    An establishment shall prepare a written application following the guidelines, forms, and procedures as set forth in the application prepared by the Oklahoma Department of Commerce and approved by the Quality Investment Committee. An establishment shall be required to provide the following information:
(1)    The location of the project and if the location is an economically distressed area of the State.
(2)    The number of jobs that are at risk and the average salary of the jobs at risk.
(3)    The calendar year and quarter in which the investment begins.
(4)    The projected employment and investment resulting from the project over three (3) years.
(5)    The third year average salary of the new workers hired in the new direct jobs.
(6)    A description of the establishment's operations and the lines of business and operations of the project for which an application is being submitted.
(7)    NAICS code number for the establishment.
(8)    Business plans.
(9)    Feasibility studies.
(10)    Financing proposals.
(11)    Financial statements for the previous three (3) years.
(12)    Marketing plans.
(13)    Registration with the Oklahoma Secretary of State.
(14)    Registration with the Commission.
(15)    Such other information as may be required by the Department for a full and detailed analysis of the project.
(b)    The establishment shall also provide a copy of its basic health benefits plan offered to employees or a description of the plan that will be offered within twelve (12) months of the date that it enters into a Quality Investment Contract.
150:130-1-5.  Quality investment contract
     An establishment which meets the qualifications specified in the Oklahoma Quality Investment Act may apply to enter into a Quality Investment Contract with the Oklahoma Department of Commerce to receive annual incentive payments over a five-year period from the Oklahoma Tax Commission pursuant to the provisions of the Oklahoma Quality Investment Act pursuant to the requirements set forth in 68 O.S. § 4204, with the following specific requirements more fully set forth:
(1)    Be engaged in manufacturing in activities described under Industry Group Nos. 31 through 33 of the NAICS Manual;
(2)    Incur capital costs for new retooling or modernization projected to equal or exceed One Million Dollars ($1,000,000.00) within twenty-four (24) months of the start date; and
(3)    Apply to and enter into a Quality Investment Contract specifying:
(A)    The amount of capital investment the establishment must make within twenty-four (24) months of the start date in order to remain in the Oklahoma Quality Investment Program,
(B)    The total minimum amount of Oklahoma taxable payroll it will maintain in this state during the course of the agreement,
(C)    The total amount in incentive payments it may receive,
(D)    If applicable, the amount of local revenues a county or municipality intends to apportion to the establishment annually, and
(E)    That it will offer "basic health insurance" as defined in the Oklahoma Quality Jobs Program Act, within twelve (12) months of entering into a Quality Investment Contract.
150:130-1-6.  Transmittal of information
     The Department shall notify the Commission of each approved Quality Investment Contract. The Department shall provide the Commission with a copy of each approved Quality Investment Contract.
150:130-1-7.  Claim for incentive payments
     At the end of a calendar year for which an establishment has qualified to receive an incentive payment, the establishment shall file a claim with the Commission following the requirements and procedures established by the Commission and the requirements set forth at 68 O.S. § 4205.
150:130-1-8.  Prohibition on receiving other credits or exemptions
     Notwithstanding any other provision of law, if a qualified establishment receives an incentive payment pursuant to the provisions of the Oklahoma Quality Investment Act, neither the qualified establishment nor its contractors or subcontractors shall be eligible to receive the credits or exemptions provided for at 68 O.S. § 4207.
[OAR Docket #08-788; filed 5-2-08]

TITLE 150.  Oklahoma Department of Commerce
CHAPTER 135.  Oklahoma Bioenergy Center Act
[OAR Docket #08-789]
RULEMAKING ACTION:
PERMANENT Final Adoption
RULES:
150:135-1-1 [NEW]
150:135-1-2 [NEW]
150:135-1-3 [NEW]
150:135-1-4 [NEW]
150:135-1-5 [NEW]
150:135-1-6 [NEW]
150:135-1-7 [NEW]
150:135-1-8 [NEW]
150:135-1-9 [NEW]
AUTHORITY:
The legislation establishing the Oklahoma Department of Commerce 74 O.S. §§ 5001 et seq., and the Oklahoma Bioenergy Center Act 74 O.S. §§ 5009.11 - 5009.16.
DATES:
Comment period:
February 1, 2008 through March 3, 2008
Public hearing:
March 4, 2008
Adoption:
March 4, 2008
Submitted to Governor:
March 7, 2008
Submitted to House:
March 7, 2008
Submitted to Senate:
March 7, 2008
Gubernatorial approval:
April 8, 2008
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 1, 2008.
Final adoption:
May 1, 2008
Effective:
June 12, 2008
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
ANALYSIS:
This action is to comply with 74 O.S. § 5009.13(F) which mandates the promulgation of rules regarding the procedures of the Oklahoma Bioenergy Center.
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 JUNE 12, 2008:
150:135-1-1.  Purpose
     The rules of this Chapter provide the general procedures for the structure and operations of the Oklahoma Bioenergy Center pursuant to the requirements of Oklahoma Bioenergy Center Act.
150:135-1-2.  Mission
     The mission of the Oklahoma Bioenergy Center is to serve as a strategic partnership that will focus the collective resources of Contributing Institutions in the field of bioenergy research to:
(1)    Strategically coordinate resources and research programs in Oklahoma to address and undertake complex research facing the biofuels and bioenergy industry in Oklahoma and in the nation;
(2)    Assist Oklahoma in being a recognized leader in the fields of research and production of biofuels, bioenergy and related biobased products;
(3)    Advance the research capacity in Oklahoma in the fields of biofuels and bioenergy development and production along the biofuel, bioenergy and biobased product production/value chain, from field to conversion to utilization;
(4)    Serve as a focal point and resource for the emerging agriculture-based biofuels and bioenergy industry in Oklahoma; and
(5)    Conduct research through its contributing institutions and partnerships to deliver practical outcomes to:
(A)    enable the competitive and sustainable production of liquid biofuels, including ethanol, in Oklahoma, and
(B)    contribute to the national research effort to enable the United States to achieve prescribed levels of petroleum independence.[74 O.S. § 5009.12]
150:135-1-3.  Rules and regulations
     The Oklahoma Bioenergy Center shall have those powers necessary to adopt rules and regulations required to accomplish its mission, goals, plans, purposes and programs and to amend same from time to time as it deems necessary or as required by the Oklahoma Bioenergy Act.
150:135-1-4.  Definitions
     The following words and terms, when used in this Chapter shall have the following meaning, unless the contect clearly indicates otherwise.
"Board" means, collectively, those individuals initially appointed to the Oklahoma Bioenergy Center Board pursuant to 74 O.S. § 5009.13, and any individuals subsequently appointed pursuant to the Oklahoma Bioenergy Center Policies and Procedures, as permitted by the Oklahoma Bioenergy Center Act.
"Contributing institutions" means those institutions that make material contributions to the purpose, objectives and research coordinated by the Oklahoma Bioenergy Center. The Contributing Institutions shall initially consist of the University of Oklahoma, Oklahoma State University and The Samuel Roberts Noble Foundation, Inc. Other institutions may become Contributing Institutions in the sole discretion of the Board.
"Oklahoma Bioenergy Center" means that strategic partnership created within the Oklahoma Department of Commerce pursuant to the Oklahoma Bioenergy Center Act.
"Oklahoma Bioenergy Center Act" means 74 O.S. §§ 5009.11, et seq., and any subsequent amendments thereto or renumbering thereof, as may be deemed appropriate, from time to time, by the Oklahoma Legislature. To the extent the Oklahoma Bioenergy Center Act is amended or renumbered as contemplated hereby, references to specific sections contained in this Chapter shall refer to the corresponding amended or renumbered sections.
"Oklahoma Bioenergy Center Policies and Procedures" means the internal policies and guidelines governing the organizational procedures and the day-to-day operations of the Oklahoma Bioenergy Center, which shall comply with all requirements and limitations of the Oklahoma Bioenergy Center Act and which shall be formally adopted and amended from time to time, as necessary, by the Board. The Oklahoma Bioenergy Center Policies and Procedures shall be amended to comply with amendments to the Oklahoma Bioenergy Center Act, as necessary.
150:135-1-5.  Management
(a)    The Oklahoma Bioenergy Center shall be administered and governed by the Board.
(b)    The Board shall appoint an Executive Director to serve as the chief executive officer of the Oklahoma Bioenergy Center in accordance with the provisions of 74 O.S. § 5009.14. The Executive Director shall be selected and shall serve the Oklahoma Bioenergy Center pursuant to the Oklahoma Bioenergy Center Act, the Oklahoma Bioenergy Center Policies and Procedures, and these promulgated rules.
150:135-1-6.  Board membership
     Pursuant to 74 O.S. § 5009.13 the Board shall initially consist of seven (7) members. Appointment of Board members and additions to the Board shall be governed by the Oklahoma Bioenergy Center Act and the Oklahoma Bioenergy Center Policies and Procedures.
150:135-1-7.  Powers and duties
(a)    To implement and accomplish the statutorily stated objectives of the Oklahoma Bioenergy Center, the Board shall have, exercise and perform those powers and duties generally provided in 74 O.S. § 5009.13 through 5009.15 and specifically set forth in the Oklahoma Bioenergy Center Policies and Procedures.
(b)    The Board shall prepare, or have prepared, and distribute, or have distributed, an annual report in accordance with 74 O.S. § 5009.13.
150:135-1-8.  Policies and procedures
     The Board shall adopt the Oklahoma Bioenergy Center Policies and Procedures to govern the organizational procedures and the day-to-day operations of the Oklahoma Bioenergy Center, pursuant to the provisions of the Oklahoma Bioenergy Center Act, these promulgated rules, and all applicable federal, state and local laws, codes and regulations unless otherwise expressly exempted from same pursuant to provisions of the Oklahoma Bioenergy Center Act.
150:135-1-9.  Limited liability
     Liability of all Board members, or any person acting on behalf of the Board or the Oklahoma Bioenergy Center, shall be limited pursuant to 74 O.S. § 5009.13(J) and as otherwise set forth in the Oklahoma Bioenergy Center Policies and Procedures.
[OAR Docket #08-789; filed 5-2-08]

TITLE 165.  Corporation Commission
CHAPTER 30.  Motor Carriers
[OAR Docket #08-791]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Chapter 30. Motor Carriers [AMENDED]
AUTHORITY:
Article IX, §§ 18, 19, Oklahoma Constitution; 47 O.S §§ 230.24, 230.32, and 1166.
DATES:
Comment Period:
December 3, 2007 to January 18, 2008
Public Hearing:
January 31, 2008
Adoption:
January 31, 2008
Submitted to the Governor:
February 8, 2008
Submitted to the House:
February 8, 2008
Submitted to Senate:
February 8, 2008
Gubernatorial approval:
March 11, 2008
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on April 3, 2008.
Final Adoption:
April 3, 2008
Effective Date:
July 1, 2008
SUPERSEDED EMERGENCY ACTIONS:
None
INCORPORATIONS BY REFERENCE:
None
ANALYSIS:
Amendments and additions to existing agency rules in Chapter 30 were needed to comply with state statutes and federal requirements regarding the registration of motor carriers, and to specify procedures practiced by the agency's Transportation Division for the administration of the Uniform Carrier Registration Agreement and the International Registration Plan. Corrections of typographical and language errors were also required for ease in reading and comprehending the existing rules.
CONTACT PERSON:
Kathy Nelson @ 522-1638.
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 JULY 1, 2008:
SUBCHAPTER 1.  General Provisions
165:30-1-2.  Definitions
     In addition to terms defined in 47 O.S., Sections 161 through 180m et seq. and the Motor Carrier Act of 1995, the following words or terms, when used in this Chapter, shall have the following meaning unless the context clearly indicates otherwise:
"Alliance" means the Alliance for Uniform Hazardous Material Transportation Procedures, a confederation of state, local industry and environmental representatives for the purpose of administering and enforcing a uniform hazardous materials transporters program as established by HMTUSA.
"Authority" means a general term referring to permission issued by the Commission to a motor carrier to perform operations under the jurisdiction of the Commission. The term authority is not applicable to vehicle registrations or fuel permits.
"Base state" means the state selected by a motor carrier according to the procedures established by a uniform program.
"CFR" means the Code of Federal Regulations.
"COD" means collect on delivery.
"Commission" means the Oklahoma Corporation Commission.
"Corporate family" means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly one hundred percent (100%) interest.
"Environmental restoration" means restitution for loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This includes the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish and wildlife.
"Exceeding authority" means a motor carrier operating outside or beyond the purview of an issued license, certificate, permit, registration or other authority issued by the Commission or a reciprocal state.
"FMCSA" means the Federal Motor Carrier Safety Administration.
"Gross Combination Weight Rating" (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
"Gross Vehicle Weight" (GVW) means the registered weight of the vehicle or any lawful registered combination weight (Gross Combination Weight or GCW).
"Gross Vehicle Weight Rating" (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle (gross vehicle weight rating) and may include any lawful combination.
"Hazardous waste" means any material that is subject to the "Hazardous Waste Manifest Requirements" of the United States Environmental Protection Agency specified in Title 40, CFR, Part 262.
"Hazardous waste permit" means the document issued by a participating state which represents a specific motor carrier's registration to transport hazardous waste in states that participate in the uniform hazardous waste program.
"HMTUSA" means the Hazardous Materials Transportation Uniform Safety Act of 1990.
"ICC" means the Interstate Commerce Commission/Federal Highway Administration Interstate Commerce Commission or its successor agency.
"Identification device" means an annual, fee-paid, nontransferable device issued by the Commission to be carried in each and every vehicle.
"Intercorporate hauling" means the transportation of property, passengers or household goods by motor vehicle, for compensation, by a carrier which is a member of a corporate family, as defined in this Section, when said transportation for compensation is provided for other members of the corporate family.
"Interstate" means a shipment having an origin or destination into, out of or through two or more states.
"Interstate Registration Certificate (IRC)" means a document issued by the Commission granting permission to operate as a motor carrier upon the highways of the State of Oklahoma in ICC exempt interstate commerce.
"Intrastate" means a shipment having an origin and destination wholly within one state.
"IRC" means an Interstate Registration Certificate.
"IRP" means the International Registration Plan as administered by the Commission or other states.
"Letter of filing" means a document issued by the Commission to a motor carrier as evidence of temporary compliance with the hazardous waste uniform program.
"Motor carrier" means a for-hire motor carrier or a private motor carrier operating in interstate or intrastate commerce.
"Motor carrier of household goods" means a person holding a valid certificate or permit requiring public convenience and necessity transporting for hire used personal effects and property of a dwelling.
"NAIC" means the National Association of Insurance Commissions.
"Participating state" means a state electing to participate in a uniform program by entering into a base state agreement.
"PIN" means personal identification number.
"Principal place of business" means a single location that serves as the motor carrier's or private carrier's headquarters and where it maintains or can make available its operational records.
"Private motor carrier" means a person who operates a commercial motor vehicle and is not a for-hire motor carrier.
"Process agent" means a representative upon whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder.
"Public con