Oklahoma Administrative Code

Notes Okla. Admin. Code tit. 595, ch. 30, app B

The purpose of this Chapter is to implement standards and procedures designed to enhance public safety without placing an undue burden on motor carriers who engage in the transportation of hazardous and nonhazardous materials within this state [47 O.S. § 230.4(1)]. Notes Okla. Ad…

(a) General. The Act does not recommend or suggest specific penalties for violation of the Act or any rules adopted to carry out the Act. Instead, the Act lists certain elements which the Commissioner or the Commissioner's representative may take into account in assessing penalti…

(a) Intrastate safety rating system. (1) The Department may issue a safety rating to a motor carrier subject to the provisions of this administrative regulation if all of the commercial motor vehicles operated by the motor carrier are operated exclusively in Oklahoma. (2) The Dep…

(a) Department of Public Safety port of entry officers (DPS POE officers) are DPS commissioned inspectors or DPS civilian inspectors assigned to Troop S to work only at and around port of entry locations. See generally 47 O.S. § 14-116. (b) In accordance with 47 O.S. §2-117 any o…

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Act" means the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act [47 O.S. § 230.1 et seq.]. "Commissioner" means the…

(a) Any statute, law, or regulation of the United States or statute of the State of Oklahoma now existent, or duly enacted in the future shall supersede any conflicting provision of this Chapter to the extent of such conflict, but shall not affect the remaining provisions herein.…

The Department of Public Safety adopts by reference the United States Department of Transportation regulations pertaining to motor carrier safety and hazardous materials transportation, as contained in Title 49 of the Code of Federal Regulations as specifically set forth below. T…

(a) The hazardous materials regulations found in 49 CFR Parts 107, 171, 172, 173, 177, 178, and 180 are applicable to:(1) Motor carriers and their agents, employees, or representatives currently subject to the federal regulations regarding the transportation of hazardous material…

(a) Changes. The changes in this Section to the federal rules adopted by reference in 595:35-1-4 apply only to intrastate commerce. (b) Terminology. Unless otherwise specified, the following terminology shall apply: (1) "Department," as defined in 595:35-1-2, shall be substituted…

(a) The Commissioner's powers to authorize representatives to make investigations in carrying out the objectives of the Act are listed in 47 O.S. § 230.4. In stopping and inspecting a vehicle, as authorized under 47 O.S. § 230.4(4)(c), the representative may utilize the standards…

The Commissioner or the Commissioner's representative may assess an administrative penalty against a person or entity that the Commissioner or the representative has determined violated the Act. See 47 O.S. §§ 230.6 and 230.9. (1) Where the Commissioner or the representative has …

(a) Any person assessed an administrative penalty pursuant to 47 O.S. §§ 230.6, 230.9, may: (1) Remit payment in full of the assessed administrative penalty specified on the Notice of Claim, or (2) Contact Troop S to inquire about the availability of a settlement, or (3) Admit th…

The purpose of this chapter is to regulate the authorization for retired law enforcement officers of the Oklahoma Highway Patrol Division, including the former Lake Patrol Division and the former Capitol Patrol Division, of the Department of Public Safety to carry concealed firea…

(a) Each Troop Commanders is hereby delegated the authority to grant or deny concealed carry identification cards to retirees living his or her district pursuant to the impartial administration of this Chapter. (b) The Chief of the Patrol is hereby delegated the authority to canc…

Any party aggrieved under this Subchapter may request, within fifteen (15) days of the incident being grieved, a hearing with the Department pursuant to OAC 595:1-3. Notes Okla. Admin. Code § 595:60-1-11 Added at 10 Ok Reg 4825, eff 9-28-93 (emergency); Added at 11 Ok Reg 2421, e…

Notes Okla. Admin. Code § 595:60-1-12 Added at 12 Ok Reg 3273, eff 7-28-95; Revoked at 13 Ok Reg 2845, eff 6-28-96 AUTHORITY: OK-OAC 18 USC, § 926C

"Concealed carry identification card" means a photographic identification issued by the Department that indicates that the retiree has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the Departme…

This Chapter applies only to retirees of the Department. Notes Okla. Admin. Code § 595:60-1-3 Added at 10 Ok Reg 4825, eff 9-28-93 (emergency); Added at 11 Ok Reg 2421, eff 5-26-94; Amended at 12 Ok Reg 3273, eff 7-28-95; Revoked at 13 Ok Reg 2845, eff 6-28-96; Added at 24 Ok Reg…

Each retiree wishing to apply for a concealed carry identification card shall meet the following criteria: (1) have retired in good standing from service with the Department as a law enforcement officer, other than for reasons of mental instability; (2) before such retirement, wa…

(a) An application for a concealed carry identification card may be obtained by a retiree from the Oklahoma Highway Patrol Troop Headquarters of the district in which the retiree lives. (b) The retiree shall complete the application which shall include an attestation that the ret…

(a) Current standards of the Department for training and qualification for an active law enforcement officer to carry firearms may be obtained from: (1) the Troop Headquarters of the district in which the retiree lives, or (2) from the worldwide web at http://www.dps.state.ok.us …

(a) A previously approved retiree who desires to renew his or her concealed carry identification card shall follow the same application and testing procedures as prescribed in OAC 595:50-1-5 and 50-1-6. (b) For the renewal issuance of a concealed carry identification card, the ca…

(a) Conceal carry identification cards are issued at the discretion of the Department pursuant to the Law Enforcement Officers Safety Act of 2004. (b) An application for a conceal carry identification card may be denied for cause by the Department. (c) A conceal carry identificat…

The issuance of a concealed carry identification card pursuant to federal law and this Chapter is intended solely for self-defense by an approved retiree and does not convey any law enforcement authority to an approved retiree. Notes Okla. Admin. Code § 595:60-1-9 Added at 10 Ok …

The Department of Public Safety is responsible for preparing standard forms for accident reports and for calling for sufficiently detailed information to disclose the cause, the conditions then existing, the persons and vehicles involved and such other information as prescribed b…

(a) All motor vehicle accidents and collisions, required to be reported by law, shall be reported by the investigating law enforcement agency on the "Official Oklahoma Traffic Collision Report". The latest version of the "Official Oklahoma Traffic Collision Report" is available f…

The investigating agency shall use the latest version of the "Official Oklahoma Traffic Collision Report Instruction Manual" when completing and submitting a collision report. The latest version of the instruction manual is available from the Department of Public Safety on its we…

(a) It shall be the responsibility of the investigating law enforcement agency to appropriately report collisions resulting in death, whether the death occurs at the scene of the collision or the death is a delayed fatality. A delayed fatality is a death which occurs as a result …

Pursuant to 47 O.S. § 2-117, the Department of Public Safety hereby adopts this Chapter to uniformly implement procedures relating to the traffic-related enforcement practices of a municipal law enforcement agency under the provisions of this Chapter, and for determining the leng…

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Commissioner" means the Commissioner of Public Safety or the Commissioner's designee. "National System of Interstate and Defense Highways",…

Only the following persons may request the Commissioner to investigate the traffic-related enforcement practices of a municipal law enforcement agency [47 O.S.,§ 2-117(E)(1)] and the receipts and expenditures of the municipality [47 O.S.,§ 2-117(E)(3)]: (1) The district attorney …

As a prerequisite to commencement of an investigation, the request for such investigation shall state that the requesting party believes the enforcement practices of the municipal law enforcement agency are being conducted: (1) Within the boundaries of and on the outskirts of the…

Upon receipt of a request made in accordance with OAC 595:70-1-3 and 595:70-1-4, the Commissioner may order an investigation of the traffic-related enforcement practices of the municipal law enforcement agency and the receipts and expenditures of the municipality [47 O.S., § 2-11…

The law enforcement agency, the municipality, and the requesting party shall each cooperate fully with any investigation ordered by the Commissioner [47 O.S.,§ 2-117(E)(3)]. If the Commissioner determines that the law enforcement agency or the municipality has failed to cooperate…

(a) Upon completion of the investigation, the results of such investigation shall be submitted by the Department to the Office of Attorney General. The Attorney General shall make a determination within sixty (60) days of receipt of the results of the investigation as to whether …

(a) Effective the date specified in the written notice of designation of special traffic-related enforcement, the affected law enforcement agency shall not regulate traffic nor enforce traffic-related statutes or ordinances upon such designated portion of the National System of I…

Nothing in this Chapter shall limit a member of the Oklahoma Highway Patrol Division from requesting assistance from any other law enforcement agency nor limit officers of such agency from rendering the requested assistance. The officer and the law enforcement agency responding t…

The purpose of this chapter is to define the qualifying education, experience, and examination prerequisites necessary to obtain a real estate appraiser license or certification and continuing education requirements to maintain the license or certification. Notes Okla. Admin. Cod…

The standards of practice governing real estate appraisal activities will be the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation. Notes Okla. Admin. Code § 600:10-1-10 Added at 8 Ok Reg 983, eff 3-14…

If any provision of this chapter, or application of such provision to any persons or circumstances, shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be…

(a) If an appraiser no longer wishes to pay the annual fee payment and registry fee to retain the license or certification, prior to the expiration date printed on the certificate, the appraiser must notify the Board in writing that they wish for their license to be placed in an …

At the end of the license/certification cycle, the license or certification of an appraiser who does not renew will automatically terminate upon the expiration date. Notes Okla. Admin. Code § 600:10-1-13 Added at 13 Ok Reg 3517, eff 9-1-96; Amended at 19 Ok Reg 1489, eff 7-14-02 …

(a) An appraiser may reactivate his/her license or certification within ninety (90) days following its expiration date by paying required fees in addition to a late fee. With the application for a renewal, the trainee, the state licensed, state certified residential or state cert…

The authorized scope of practice for Trainee, State Licensed, State Certified Residential and State Certified General Appraisers shall be the scope of practice specified by the corresponding section of the Real Property Appraiser Qualification Criteria promulgated by the Appraise…

(a) Trainee Appraisers shall report to the Board, on a form prescribed by the Board, the identity of any supervisory appraiser. Trainee Appraisers may have more than one supervisory appraiser. When a Trainee Appraiser has more than one supervisory appraiser, each shall be reporte…

Should an appraiser applying for upgrade of an existing licensure status to a higher status have an active complaint in the disciplinary process, the application for upgrade shall be held in abeyance until such time as the disciplinary process is concluded. Notes Okla. Admin. Cod…

(a) Pursuant to 59 O.S. 858-708, the Board will collect the National Registry Fee on an annual basis from each appraiser, at such time each appraiser renews their license. Said fee will be in whatever amount is currently required by the Appraisal Subcommittee. Notification of the…

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Board" means the Oklahoma Real Estate Appraiser Board. "Certificate of course completion" means a document acceptable to the Board which sig…

Notes Okla. Admin. Code § 600:10-1-3 Added at 8 Ok Reg 983, eff 3-14-91 (emergency); Added at 9 Ok Reg 1653, eff 5-15-92; Revoked at 10 Ok Reg 1539, eff 5-1-93 AUTHORITY: OK-OAC 59 O.S., § 858-706(A)