Oklahoma Administrative Code

(a) Upon issuing an Identity Theft Passport to an identity theft victim, the OSBI will flag any criminal history or other records in its possession that are associated with the passport and are accessible to law enforcement authorities. The OSBI will provide the Department of Pub…

The purpose of these rules is to establish a procedure and requirements for the transfer of surplus property of the Oklahoma State Bureau of Investigation to law enforcement agencies of political subdivisions of the State of Oklahoma as authorized pursuant to 74 Oklahoma Statutes…

The following words, when used in this Chapter, shall have the following definitions, unless the context clearly dictates otherwise. "OSBI" shall mean the Oklahoma State Bureau of Investigation "Receiving Agency" shall mean the law enforcement agency of any political subdivision …

The Director of the OSBI of the Director's designee is responsible for exercising discretion and determining when and to whom surplus property of the OSBI shall be donated as allowed pursuant to 74 Oklahoma Statutes, Section 62.3. Any surplus property donated to a Receiving Agenc…

Any donation of surplus property by the OSBI to a Receiving Agency shall result in title and ownership of said property being placed with the Receiving Agency. Upon donation of the surplus property, the OSBI will not continue to maintain any ownership interest in the property, an…

Any surplus property donated by the OSBI to a Receiving Agency is donated "as is". The OSBI makes no warranty whatsoever as to the quality, value, safety, or usefulness of the property in question, including but not limited to warranties of merchantability or fitness for a partic…

(a) Upon receipt of any surplus property donated to a Receiving Agency by the OSBI, the head of the Receiving Agency or a designee shall sign a receipt identifying the surplus property donated in sufficient detail as to be able to identify the property in the inventory of OSBI pr…

(a) Upon transfer of donated surplus property to a Receiving Agency, the OSBI shall remove such donated property from its OSBI property inventory and reflect, as necessary within that inventory, the ultimate disposition of that property. (b) Upon transfer of donated surplus prope…

The rules of this chapter establish ethics rules and procedure so as to not have any conflict of interest or appearance of impropriety between any Oklahoma State Bureau of Investigation Commission Member and the Oklahoma State Bureau of Investigation (OSBI). Notes Okla. Admin. Co…

(a) Commission members shall not participate in any portion of OSBI briefings, Commission meetings, or other business of the OSBI Commission concerning matters that the member has reason to believe:(1) May create a conflict of interest between the OSBI and the member's personal o…

The procedure for filing complaints is as follows: (1) Complaint procedures may be obtained from any member of the OSBI. (2) Complaints must be against a Commission Member of the OSBI. (3) Complainants must reduce their complaint to writing, stating specific allegations with suff…

By Majority vote, the Commission may exclude any member from participation in any portion of Commission business when such participation violates rule 375:5-1-2. Notes Okla. Admin. Code § 375:5-1-4 Added at 10 Ok Reg 3071, eff 6-25-93

(a) The Council on Judicial Complaints is established by the Legislature at 20 O. S. §§ 1651, et seq. The purpose of the Council on Judicial Complaints is to provide a method for accepting and investigating complaints made against judges for violations of Oklahoma law and the Cod…

At each regular meeting, the Administrative Secretary shall prepare and provide the Council with a current financial report in a format approved by the Council. Notes Okla. Admin. Code § 376:1-1-10 Added as 376:1-1-4 at 16 Ok Reg 75, eff 7-29-98 (emergency); Added at 16 Ok Reg 25…

The seal of the Council shall be a circular seal, 1-1/2 inches in diameter. It shall bear the name of the Council on Judicial Complaints. The seal shall be used for attestation on subpoenas and other documents, as directed by the Council. The seal shall not be used for correspond…

(a) The Administrative Secretary shall maintain the following public records relating to the administrative functions of the Council: (1) A record of minutes, in proper order, containing an accurate summary of the public actions of the Council and attendance of the Council member…

(a) Any person may request the Council adopt, amend or repeal a rule in this chapter. The request shall be typewritten, signed by the person requesting the rule, amendment to a rule, or repeal of a rule, and submitted to the Council office. It shall include an explanation to supp…

(a) An individual may file a request for interpretation or applicability of a specific rule adopted by the Council on Judicial Complaints. (b) A request for a declaratory ruling shall be typewritten and shall be mailed or delivered to the Administrative Secretary. The request sha…

(a) Rules may be amended by majority vote of the Council members to initiate the rulemaking or rule amendment process at any regularly scheduled Council meeting. (b) Rules shall be effective when approved pursuant to the Oklahoma Administrative Procedures Act. Notes Okla. Admin. …

The effective date of all rules adopted by the Council shall be governed by Article I of the Administrative Procedures Act. Notes Okla. Admin. Code § 376:1-1-16 Added at 16 Ok Reg 2531, eff 6-25-99

The following words and terms, when used in these rules, shall have the following meaning, unless the context clearly indicates otherwise: "Administrative Secretary" means the person employed by the Council to serve as the Director of the administrative support staff of the Counc…

Notes Okla. Admin. Code § 376:1-1-3 Added at 16 Ok Reg 75, eff 7-29-98 (emergency)1 On 6-25-99, this emergency rule was superseded by a permanent rule numbered as 376:1-1-4. On 8-23-99, an emergency rule called "Meetings" was added at this number (376:1-1-3), creating a duplicati…

(a) The Council shall conduct its regular meetings on the fourth Thursday of each month. (b) Special meetings may be called by the Chairman or any two members of the Council. (c) Meetings of the Council on Judicial Complaints shall comply with the Oklahoma Open (a)(d)(d)Meetings …

Any two (2) Council members shall constitute a quorum. Notes Okla. Admin. Code § 376:1-1-4 Added as 376:1-1-3 at 16 Ok Reg 75, eff 7-29-98 (emergency); Added at 16 Ok Reg 2531, eff 6-25-99 On 7-29-98, an emergency rule called "Financial reports" was added at this number (376:1-1-…

The Council shall organize annually at the last meeting of the Council during the fiscal year by electing from among its members a Chair and Vice-Chair. Notes Okla. Admin. Code § 376:1-1-5 Added at 16 Ok Reg 2531, eff 6-25-99 On 7-29-98, an emergency rule called "Amendment" was a…

(a) If a vacancy shall occur in the Council, the Chair shall prepare a notice to that members' appointing entity asking that a new member be appointed to fill the unexpired term. (b) Not less than thirty (30) days prior to the completion of two (2) terms of office by a member, th…

(a) The Council maintains an office in Oklahoma City, Oklahoma. (b) The Council office is open five (5) days a week, Monday through Friday, from 8:30 A.M. until 4:30 P.M. The Council office is closed on Saturday and Sunday and state legal holidays as prescribed by Section 82.1 of…

Forms and instructions of the Council shall be maintained at the Council offices and shall be available to any person upon request. Notes Okla. Admin. Code § 376:1-1-8 Added at 16 Ok Reg 2531, eff 6-25-99

The duties of the Administrative Secretary include, but are not limited to, the following: (1) Coordinate the administrative functions of the Council as directed by the Council. (2) Perform all duties and obligations specified in the Oklahoma statutes and in these rules. (3) Prov…

The purpose of this Chapter is to provide a procedure for the efficient and orderly processing of complaints made against judges. Notes Okla. Admin. Code § 376:10-1-1 Added at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99

(a) Subpoenas to compel the attendance of witnesses, or to compel the production of documents or other evidence, shall be issued by the Administrative Secretary at the direction of, and upon the signature of the Chair. (b) The Administrative Secretary shall attest the subpoena. (…

Service of documents, other than subpoenas, related to the investigatory process shall be by regular, prepaid mail. Notes Okla. Admin. Code § 376:10-1-11 Added at 16 Ok Reg 2533, eff 6-25-99

(a) After the complaint has been investigated to the extent desired by the majority of the Council, disposition as to the merits of the complaint shall be made by a majority vote. (b) The complainant and the judge will be advised by mail of the Council's disposition of the compla…

Council members, and employees of the Council, shall not, unless required for the proper disposition of matters authorized by law, communicate directly or indirectly with any person or party, or in connection with any issue of law with any person, party or representative of a par…

(a) All records relating to complaints, and the investigation and disposition thereof shall be kept confidential. The records shall not be open to public inspection. (b) Files of investigations shall not be subject to disclosure to the extent such files would not be discoverable …

Hearings on complaints before the Council on Judicial Complaints shall not be conducted pursuant to the Administrative Procedures Act, Article II. Notes Okla. Admin. Code § 376:10-1-2 Added at 16 Ok Reg 2533, eff 6-25-99 On 7-29-98, an emergency rule called "Complaints" was added…

(a) All communications, including complaints, shall be addressed to: Administrative Secretary, Council on Judicial Complaints, 1901 North Lincoln Boulevard, Oklahoma City, OK 73105. (b) If a member of the Council receives a complaint or an inquiry, the member shall have no commun…

Notes Okla. Admin. Code § 376:10-1-4 Added at 16 Ok Reg 76, eff 7-29-98 (emergency)1 On 6-25-99, this emergency rule was superseded by a permanent rule numbered as 376:10-1-5. On 8-3-99, an emergency rule called "Procedure" was added at this number (376:10-1-4), creating a duplic…

(a) Each complaint received by the Administrative Secretary will be assigned a number and will be logged with that date of receipt shown. The complaint will bes cheduled for consideration by the Council when the initial investigation is complete. Provided, however, the published …

Nothing herein contained shall be construed to prevent the Council from investigating any judicial misconduct on its own initiative. Notes Okla. Admin. Code § 376:10-1-5 Added as 376:10-1-4 at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99 On 7-29-98,…

(a) When directed by the Council, the initial investigation of a complaint will be performed by the Counsel to the Council who shall report monthly progress to the Council. (b) An investigation may be done at any stage of the proceeding. (c) When so directed by the Chair or the C…

The time for responding to a complaint, or for performing any act as directed by the Council, may be extended by the Chair upon request of the applicant prior to the expiration of the applicable period of time. Notes Okla. Admin. Code § 376:10-1-7 Added at 16 Ok Reg 2533, eff 6-2…

(a) The Council may conduct a hearing on any portion of the complaint. (b) The Chair shall set the time for appearance of the parties or witnesses, and the Administrative Secretary shall issue subpoenas. (c) At the hearing each Council member shall have the opportunity to questio…

(a) In investigating a complaint, the Council shall permit the introduction of evidence that is competent, relevant and material. (b) Because of the investigatory nature of the Council on Judicial Complaints, strict adherence to the rules of evidence shall not be required. The Co…

Figure 1 Notes Okla. Admin. Code tit. 376, ch. 10, app A Added at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99

Notes Okla. Admin. Code § 380:10-1-1 Revoked by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Notes Okla. Admin. Code § 380:10-1-10 Revoked by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022