Quote:
weishaupt1776
heyday, go to Chapter 68 § 784. Executive Head ;
Use 75 OS Ch. 8 Administrative Procedures act
Then study from HERE
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75-250.4. Compliance with act - Exemptions.
8. a. The Commissioner of Public Safety shall be exempt from
Sections 303.1, 303.2, 304, 307.1, 308 and 308.1 of
this title insofar as it is necessary to promulgate rules
pursuant to the Oklahoma Motor Carrier Safety and
Hazardous Materials Transportation Act, to maintain a
current incorporation of federal motor carrier safety and
hazardous material regulations, or pursuant to Chapter
6 of Title 47 of the Oklahoma Statutes, to maintain a
current incorporation of federal commercial driver license regulations, for which the Commissioner has no
discretion when the state is mandated to promulgate
rules identical to federal rules and regulations.
b. Such rules may be adopted by the Commissioner and
shall be deemed promulgated twenty (20) days after
notice of adoption is published in "The Oklahoma
Register". Such publication need not set forth the full
text of the rule but may incorporate the federal rules
and regulations by reference.
c. Such copies of promulgated rules shall be filed with the
Secretary as required by Section 251 of this title.
d. For any rules for which the Commissioner has discretion
to allow variances, tolerances or modifications from the
federal rules and regulations, the Commissioner shall
fully comply with Article I of the Administrative
Procedures Act.
14. The Commissioner of Public Safety only with respect to driver
license hearings and hearings conducted pursuant to the provisions of
Section 2-115 of Title 47 of the Oklahoma Statutes;
16. Hearings conducted by a public agency pursuant to Section 962
of Title 47 of the Oklahoma Statutes;
****§47-962. Possessory lien - Foreclosure - Collection of wrecker or towing
fees.
A. Every person legally entitled to compensation for the removal or
storage of any vehicle subject to registration, which vehicle's removal has
been authorized by any public agency, has a lien on the vehicle, dependent
on possession. The lien is deemed to arise on the date of possession of the
vehicle. Any person perfecting a lien under this section shall foreclose this
lien according to the provisions for sale under Sections 908 through 911 of
this title.
B. Every owner of such vehicle towed or stored pursuant to Section
955 of this title shall be responsible for the total amount of the debt for
services rendered.
C. Any wrecker or towing service is authorized to collect from the
owner, lienholder that seeks possession of a vehicle under a security interest,
agent, or insurer accepting liability for paying the claim for a vehicle or
purchasing the vehicle as a total loss vehicle, the fee authorized by Section
904 of this title.
****
§75-308a. Jurisdiction.
The provisions of Article II of the Administrative Procedures Act
govern the hearing procedures of agencies, and does not grant
jurisdiction, not otherwise provided by law. The Legislature recognizes
that agencies take actions and make decisions, other than by individual
proceedings for which the right to judicial review is intended to be
exercised pursuant to other laws.
Added by Laws 1992, c. 310, § 7, eff. July 1, 1992.
§75-309. Individual proceedings - Notice - Hearing.
A. In an individual proceeding, all parties shall be afforded an
opportunity for hearing after reasonable notice.
B. The notice shall include:
1. A statement of the time, place and nature of the hearing;
2. A statement of the legal authority and jurisdiction under which
the hearing is to be held;
3. A reference to the particular sections of the statutes and rules
involved; and
4. A short and plain statement of the matters asserted. If the
agency or other party is unable to state the matters in detail at the time
the notice is served, the initial notice may be limited to a statement of the
issues involved. Thereafter upon application a more definite and detailed
statement shall be furnished.
C. Opportunity shall be afforded all parties to respond and present
evidence and argument on all issues involved.
D. Deliberations by administrative heads, hearing examiners, and
other persons authorized by law may be held in executive session
pursuant to paragraph 8 of subsection B of Section 307 of Title 25 of the
Oklahoma Statutes.
E. Unless precluded by law, informal disposition may be made of
any individual proceeding by stipulation, agreed settlement, consent
order, or default.
F. The record in an individual proceeding shall include:
1. All pleadings, motions and intermediate rulings;
2. Evidence received or considered at the individual proceeding;
3. A statement of matters officially noticed;
4. Questions and offers of proof, objections, and rulings thereon;
5. Proposed findings and exceptions;
6. Any decision, opinion, or report by the officer presiding at the
hearing; and
7. All other evidence or data submitted to the hearing examiner or
administrative head in connection with their consideration of the case
provided all parties have had access to such evidence.
G. Oral proceedings shall be electronically recorded. Such
recordings shall be maintained for such time so as to protect the record
through judicial review. Copies of the recordings shall be provided by
the agency at the request of any party to the proceeding. Costs of
transcription of the recordings shall be borne by the party requesting the
transcription. For judicial review, electronic recordings of an individual
proceeding, as certified by the agency, may be submitted to the reviewing
court by the agency as part of the record of the proceedings under review
without transcription unless otherwise required to be transcribed by the
reviewing court. In such case, the expense of transcriptions shall be
taxed and assessed against the nonprevailing party. Parties to any
proceeding may have the proceedings transcribed by a court reporter at
their own expense.
H. Findings of fact shall be based exclusively on the evidence
received and on matters officially noticed in the individual proceeding
unless otherwise agreed upon by the parties on the record.
§75-310. Procedures before agency.
In individual proceedings:
1. Agencies may admit and give probative effect to evidence which
possesses probative value commonly accepted by reasonably prudent
persons in the conduct of their affairs. They shall give effect to the rules
of privilege recognized by law in respect to: self-incrimination;
confidential communications between husband and wife during the
subsistence of the marriage relation; communication between attorney
and client, made in that relation; confessions made to a clergyman or
priest in his or her professional capacity in the course of discipline
enjoined by the church to which he or she belongs; communications
made by a patient to a licensed practitioner of one of the healing arts
with reference to any physical or supposed physical disease or of
knowledge gained by a practitioner through a physical examination of a
patient made in a professional capacity; records and files of any official or
agency of any state or of the United States which, by any statute of a
state or of the United States are made confidential and privileged. No
greater exclusionary effect shall be given any such rule or privilege than
would obtain in an action in court. Agencies may exclude incompetent,
irrelevant, immaterial, and unduly repetitious evidence. Objections to
evidentiary offers may be made and shall be noted in the record. Subject
to these requirements, when a hearing will be expedited and the interests
of the parties will not be prejudiced substantially, any part of the
evidence may be received in written form;
2. Documentary evidence may be received in the form of copies or
excerpts, if the original is not readily available. Upon request, parties
shall be given an opportunity to compare the copy with the original;
3. A party may conduct cross-examinations required for a full and
true disclosure of the facts;
4. Notice may be taken of judicially cognizable facts. In addition,
notice may be taken of generally recognized technical or scientific facts
within the agency's specialized knowledge. Parties shall be notified either
before or during the hearing, or by reference in preliminary reports or
otherwise, of the material noticed, including any staff memoranda or
data, and they shall be afforded an opportunity to contest the material so
noticed. The agency's experience, technical competence, and specialized
knowledge may be utilized in the evaluation of the evidence.
5. Any party shall at all times have the right to counsel, provided
that such counsel must be duly licensed to practice law by the Supreme
Court of Oklahoma, and provided further that counsel shall have the right
to appear and act for and on behalf of the party represented.
6. A party may request the exclusion of witnesses to the extent
and for the purposes stated in Section 2615 of Title 12 of the
Oklahoma Statutes. Exclusion of a witness shall not be a violation of
the Oklahoma Open Meeting Act.
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