Kevin Stitt, Governor
Benjamin M. Lepak,
Secretary of State
Chris Coffman, Editor-in-Chief
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. Printed copies of the Register are available for public inspection at many County Clerks' offices in Oklahoma and the Jan Eric Cartwright Memorial Law Library at 200 NE 18th Street in the State Capitol Complex. Electronic copies of the Register are also available online at the Office of Administrative Rules' website at https://rules.ok.gov/home
CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page number of the document in the Register. For example: 36 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, 421 NW 13th Street, Suite 210, Oklahoma City, OK 73103.
INFORMATION ABOUT THIS PUBLICATION may be obtained by contacting the OAR by mail at Oklahoma Secretary of State, Office of Administrative Rules, 421 NW 13th Street, Suite 210, Oklahoma City, OK 73103, by email at oar@sos.ok.gov, or by phone at (405) 521-4911. Information may also be obtained by visiting the OAR's office, located in Suite 220, Colcord Center, 421 NW 13th Street, Oklahoma City, between 8:00 a.m. and 5:00 p.m., Monday through Friday.
Table of Contents
- Agency/Action/Subject Index
- Rules Affected Index
- Agency Index (Title numbers assigned) Submissions to Governor and Legislature
- Oklahoma Uniform Building Code Commission (Title 748), Permanent Final Adoptions
- Oklahoma Department of Aerospace and Aeronautics (Title 25)
- Oklahoma Department of Agriculture, Food, and Forestry (Title 35), , , , , , , , , , , ,
- Board of Governors of the Architects, Landscape Architects and Licensed Interior Designers of Oklahoma (Title 55)
- State Board of Behavioral Health Licensure (Title 86), ,
- Construction Industries Board (Title 158)
- Department of Consumer Credit (Title 160),
- State Board of Cosmetology and Barbering (Title 175)
- State Department of Education (Title 210), , , , ,
- Office of Educational Quality and Accountability (Title 218)
- State Election Board (Title 230), , , , , , ,
- State Board of Licensure for Professional Engineers and Surveyors (Title 245),
- Oklahoma Firefighters Pension and Retirement System (Title 270),
- Department of Labor (Title 380), , , ,
- Oklahoma Liquefied Petroleum Gas Board (Title 420)
- State Board of Medical Licensure and Supervision (Title 435), , , , ,
- Oklahoma Medical Marijuana Authority (Title 442)
- Department of Mental Health and Substance Abuse Services (Title 450),
- Oklahoma Board of Nursing (Title 485)
- Oklahoma State Board of Pharmacy (Title 535)
- Oklahoma Public Employees Retirement System (Title 590)
- Oklahoma Real Estate Commission (Title 605), ,
- Department of Securities (Title 660)
- Service Oklahoma (Title 670), , , ,
- Board of Examiners for Speech-Language Pathology and Audiology (Title 690)
- Oklahoma Tax Commission (Title 710), , , , , ,
- Teachers' Retirement System (Title 715),
- Department of Transportation (Title 730),
- Oklahoma Uniform Building Code Commission (Title 748),
- Oklahoma Department of Career and Technology Education (Title 780), , , ,
- Oklahoma Water Resources Board (Title 785), ,
- Department of Wildlife Conservation (Title 800), , , , Executive Orders
- Executive Orders (Title 1),
Agency/Action/Subject Index
- GOVERNORExecutive Orders
- GOVERNORExecutive Orders
- OKLAHOMA DEPARTMENT OF AEROSPACE AND AERONAUTICS (Title 25)Permanent Final Adoptions
- OKLAHOMA DEPARTMENT OF AGRICULTURE, FOOD, AND FORESTRY (Title 35)Permanent Final Adoptions
- BOARD OF GOVERNORS OF THE ARCHITECTS, LANDSCAPE ARCHITECTS AND LICENSED INTERIOR DESIGNERS OF OKLAHOMA (Title 55)Permanent Final Adoptions
- STATE BOARD OF BEHAVIORAL HEALTH LICENSURE (Title 86)Permanent Final Adoptions
- CONSTRUCTION INDUSTRIES BOARD (Title 158)Permanent Final Adoptions
- DEPARTMENT OF CONSUMER CREDIT (Title 160)Permanent Final Adoptions
- STATE BOARD OF COSMETOLOGY AND BARBERING (Title 175)Permanent Final Adoptions
- STATE DEPARTMENT OF EDUCATION (Title 210)Permanent Final AdoptionsStandards for Accreditation of Elementary, Middle Level, Secondary, and Career and Technology Schools (Chapter 35)
- OFFICE OF EDUCATIONAL QUALITY AND ACCOUNTABILITY (Title 218)Permanent Final Adoptions
- STATE ELECTION BOARD (Title 230)Permanent Final Adoptions
- STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND SURVEYORS (Title 245)Permanent Final Adoptions
- OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM (Title 270)Permanent Final Adoptions
- DEPARTMENT OF LABOR (Title 380)Permanent Final Adoptions
- OKLAHOMA LIQUEFIED PETROLEUM GAS BOARD (Title 420)Permanent Final Adoptions
- STATE BOARD OF MEDICAL LICENSURE AND SUPERVISION (Title 435)Permanent Final Adoptions
- OKLAHOMA MEDICAL MARIJUANA AUTHORITY (Title 442)Permanent Final Adoptions
- DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES (Title 450)Permanent Final Adoptions
- OKLAHOMA BOARD OF NURSING (Title 485)Permanent Final Adoptions
- OKLAHOMA STATE BOARD OF PHARMACY (Title 535)Permanent Final Adoptions
- OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM (Title 590)Permanent Final Adoptions
- OKLAHOMA REAL ESTATE COMMISSION (Title 605)Permanent Final Adoptions
- DEPARTMENT OF SECURITIES (Title 660)Permanent Final Adoptions
- SERVICE OKLAHOMA (Title 670)Permanent Final Adoptions
- BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (Title 690)Permanent Final Adoptions
- OKLAHOMA TAX COMMISSION (Title 710)Permanent Final Adoptions
- TEACHERS' RETIREMENT SYSTEM (Title 715)Permanent Final Adoptions
- DEPARTMENT OF TRANSPORTATION (Title 730)Permanent Final Adoptions
- OKLAHOMA UNIFORM BUILDING CODE COMMISSION (Title 748)Submission for ReviewPermanent Final Adoptions
- OKLAHOMA DEPARTMENT OF CAREER AND TECHNOLOGY EDUCATION (Title 780)Permanent Final Adoptions
- OKLAHOMA WATER RESOURCES BOARD (Title 785)Permanent Final Adoptions
- DEPARTMENT OF WILDLIFE CONSERVATION (Title 800)Permanent Final Adoptions
Rules Affected Index
[(E) Emergency action]
Rule
Register Page
Rule
Register Page
- 25:15-1-4[AMENDED]
- 25:15-1-6[NEW]
- 35:1-9-17[AMENDED]
- 35:1-10-6[AMENDED]
- 35:2-3-2.4[AMENDED]
- 35:10-1-3[AMENDED]
- 35:10-5-4[AMENDED]
- 35:10-9-1[AMENDED]
- 35:10-11-1[AMENDED]
- 35:10-13-1[AMENDED]
- 35:10-15-1[AMENDED]
- 35:10-15-2[AMENDED]
- 35:15-1-2[AMENDED]
- 35:15-1-9[NEW]
- 35:15-13-3[AMENDED]
- 35:15-15-71[AMENDED]
- 35:15-19-1[AMENDED]
- 35:15-19-4[AMENDED]
- 35:15-19-5[AMENDED]
- 35:15-36-3[AMENDED]
- 35:15-44-3[AMENDED]
- 35:20-3-8[AMENDED]
- 35:30-13-3[AMENDED]
- 35:30-17-1.2[AMENDED]
- 35:30-17-1.3[AMENDED]
- 35:30-17-10[AMENDED]
- 35:30-17-11[AMENDED]
- 35:30-17-13[AMENDED]
- 35:30-17-17.1[AMENDED]
- 35:30-17-2[AMENDED]
- 35:30-17-2.1[NEW]
- 35:30-17-20[AMENDED]
- 35:30-17-22[AMENDED]
- 35:30-17-24[AMENDED]
- 35:30-17-24.1[AMENDED]
- 35:30-17-25[AMENDED]
- 35:30-17-6[AMENDED]
- 35:30-17-89.1[AMENDED]
- 35:30-17-93[AMENDED]
- 35:30-30-2[AMENDED]
- 35:30-37-10[AMENDED]
- 35:37-13-2[AMENDED]
- 35:37-19-4[AMENDED]
- 35:50-1-45[NEW]
- 35:55-1-10[REVOKED]
- 35:55-1-11[AMENDED]
- 35:55-1-12[REVOKED]
- 35:55-1-2[AMENDED]
- 35:55-1-3[AMENDED]
- 35:55-1-4[AMENDED]
- 35:55-1-5[REVOKED]
- 35:55-1-6[AMENDED]
- 35:55-1-7[REVOKED]
- 35:55-1-8[AMENDED]
- 35:55-3-1[AMENDED]
- 35:55-3-3[REVOKED]
- 35:55-3-6.1[AMENDED]
- 35:55-7-1[AMENDED]
- 35:56-1-1[NEW]
- 35:56-1-2[NEW]
- 35:56-1-3[NEW]
- 35:56-1-4[NEW]
- 35:56-1-5[NEW]
- 40:30-1-3[AMENDED]682
- 40:50-1-1.1[AMENDED]684
- 40:50-1-3[AMENDED]684
- 40:50-1-3.2[AMENDED]684
- 40:50-3-1.1[AMENDED]684
- 40:50-3-2[AMENDED]684
- 40:50-3-5[AMENDED]684
- 40:50-3-5.1[AMENDED]684
- 55:10-1-3[AMENDED]
- 55:10-5-8[AMENDED]
- 55:10-5-8.1[AMENDED]
- 55:10-7-1[AMENDED]
- 75:1-1-1[REVOKED]532
- 75:1-1-1.1[AMENDED]532
- 75:1-1-2[REVOKED]532
- 75:1-1-3[REVOKED]532
- 75:1-1-4[REVOKED]532
- 75:1-7-6[AMENDED]532
- 75:15-1-1[AMENDED]537
- 75:15-1-2[AMENDED]537
- 75:15-1-3[REVOKED]537
- 75:15-1-4[REVOKED]537
- 75:15-2-1[AMENDED]537
- 75:15-2-2[AMENDED]537
- 75:15-2-3[AMENDED]537
- 75:15-2-5[AMENDED]537
- 75:15-2-6[AMENDED]537
- 75:15-2-7[AMENDED]537
- 75:15-5-1[AMENDED]537
- 75:15-5-2[AMENDED]537
- 75:15-5-3[AMENDED]537
- 75:15-5-3.1[AMENDED]537
- 75:15-5-4[AMENDED]537
- 75:15-5-4.1[AMENDED]537
- 75:15-5-5[AMENDED]537
- 75:15-5-6[AMENDED]537
- 75:15-5-7[AMENDED]537
- 75:15-7-1[AMENDED]537
- 75:15-7-2[AMENDED]537
- 75:15-7-3[AMENDED]537
- 75:15-7-4[AMENDED]537
- 75:15-7-5[AMENDED]537
- 75:15-7-6[AMENDED]537
- 75:15-7-7[AMENDED]537
- 75:15-7-9[AMENDED]537
- 75:15-8-1[AMENDED]537
- 75:15-9-1[AMENDED]537
- 75:15-9-2[AMENDED]537
- 75:15-9-7[AMENDED]537
- 75:15-9-8[AMENDED]537
- 75:15-9-9[AMENDED]537
- 75:15-13-1[AMENDED]537
- 75:15-13-10[AMENDED]537
- 75:15-13-12[AMENDED]537
- 75:15-13-13[AMENDED]537
- 75:15-13-14[AMENDED]537
- 75:15-13-20.1[AMENDED]538
- 75:15-13-20.2[AMENDED]538
- 75:15-13-24[AMENDED]538
- 75:15-13-25[AMENDED]538
- 75:15-13-26[AMENDED]538
- 75:15-13-29[AMENDED]538
- 75:15-13-3[AMENDED]537
- 75:15-13-4[AMENDED]537
- 75:15-13-5[AMENDED]537
- 75:15-13-8[AMENDED]537
- 75:15-13-9[AMENDED]537
- 75:15-15-1[AMENDED]538
- 75:15-15-3[AMENDED]538
- 75:15-15-4[AMENDED]538
- 75:15-15-5[AMENDED]538
- 75:15-17-1[AMENDED]538
- 75:15-17-3[AMENDED]538
- 75:15-17-4[AMENDED]538
- 75:20-1-1[AMENDED]565
- 75:20-1-10[AMENDED]565
- 75:20-1-11[AMENDED]565
- 75:20-1-12[AMENDED]565
- 75:20-1-13[AMENDED]565
- 75:20-1-14[AMENDED]565
- 75:20-1-15[REVOKED]565
- 75:20-1-2[AMENDED]565
- 75:20-1-3[AMENDED]565
- 75:20-1-4[AMENDED]565
- 75:20-1-5[AMENDED]565
- 75:20-1-6[REVOKED]565
- 75:20-1-7[REVOKED]565
- 75:20-1-8[REVOKED]565
- 75:20-1-9[AMENDED]565
- 75:25-1-1[AMENDED]571
- 75:25-1-2.1[AMENDED]571
- 75:25-1-3[AMENDED]571
- 75:25-1-4[REVOKED]571
- 75:25-1-5[REVOKED]571
- 75:25-3-1[AMENDED]571
- 75:25-3-10[AMENDED]571
- 75:25-3-11[AMENDED]571
- 75:25-3-12[AMENDED]571
- 75:25-3-13[AMENDED]571
- 75:25-3-14[AMENDED]571
- 75:25-3-15[AMENDED]571
- 75:25-3-16[AMENDED]571
- 75:25-3-3[AMENDED]571
- 75:25-3-4[AMENDED]571
- 75:25-3-4.1[AMENDED]571
- 75:25-3-4.2[AMENDED]571
- 75:25-3-5[AMENDED]571
- 75:25-3-6[AMENDED]571
- 75:25-3-7[AMENDED]571
- 75:25-3-8[AMENDED]571
- 75:25-3-9[AMENDED]571
- 75:25-5-1[AMENDED]571
- 75:25-5-12[AMENDED]572
- 75:25-5-13[AMENDED]572
- 75:25-5-14[AMENDED]572
- 75:25-5-19[AMENDED]572
- 75:25-5-2[AMENDED]571
- 75:25-5-20[AMENDED]572
- 75:25-5-21[AMENDED]572
- 75:25-5-3[AMENDED]571
- 75:25-5-4[AMENDED]572
- 75:25-5-5[AMENDED]572
- 75:25-5-6[AMENDED]572
- 75:25-5-7[AMENDED]572
- 75:25-7-1[AMENDED]572
- 75:25-9-1[AMENDED]572
- 75:25-11-2[AMENDED]572
- 75:25-13-1[NEW]572
- 75:25-13-2[NEW]572
- 75:25-13-3[NEW]572
- 75:25-13-4[NEW]572
- 75:25-13-5[NEW]572
- 75:25-13-6[NEW]572
- 75:30-1-1.1[AMENDED]593
- 75:30-1-2[AMENDED]593
- 75:30-1-3[REVOKED]593
- 75:30-1-4[REVOKED]593
- 75:30-3-1[AMENDED]593
- 75:30-3-1.1[AMENDED]593
- 75:30-3-1.2[AMENDED]593
- 75:30-3-2[AMENDED]593
- 75:30-3-4[AMENDED]593
- 75:30-3-5[AMENDED]593
- 75:30-5-1[AMENDED]593
- 75:30-5-2[AMENDED]593
- 75:30-5-3[AMENDED]593
- 75:30-5-3.1[AMENDED]593
- 75:30-5-4[AMENDED]593
- 75:30-5-4.1[AMENDED]593
- 75:30-5-5[AMENDED]593
- 75:30-5-6[AMENDED]593
- 75:30-5-7[AMENDED]593
- 75:30-7-1[AMENDED]594
- 75:30-7-2[AMENDED]594
- 75:30-7-3[AMENDED]594
- 75:30-7-4[AMENDED]594
- 75:30-7-5[AMENDED]594
- 75:30-7-6[AMENDED]594
- 75:30-7-7[AMENDED]594
- 75:30-7-9[AMENDED]594
- 75:30-8-1[AMENDED]594
- 75:30-9-1[AMENDED]594
- 75:30-9-2[AMENDED]594
- 75:30-9-3[AMENDED]594
- 75:30-9-4[AMENDED]594
- 75:30-9-5[AMENDED]594
- 75:30-11-1[AMENDED]594
- 75:30-11-10[AMENDED]594
- 75:30-11-12[AMENDED]594
- 75:30-11-12.1[AMENDED]594
- 75:30-11-15[AMENDED]594
- 75:30-11-16[AMENDED]594
- 75:30-11-17[AMENDED]594
- 75:30-11-2[AMENDED]594
- 75:30-11-3[AMENDED]594
- 75:30-11-4[AMENDED]594
- 75:30-11-5[AMENDED]594
- 75:30-11-6[AMENDED]594
- 75:30-11-7[AMENDED]594
- 75:30-11-8[AMENDED]594
- 75:30-11-9[AMENDED]594
- 75:30-13-1[AMENDED]594
- 75:30-13-2[AMENDED]594
- 75:30-13-3[AMENDED]594
- 75:30-13-4[AMENDED]594
- 75:30-15-1[AMENDED]594
- 75:30-15-2[AMENDED]594
- 75:30-15-3[AMENDED]594
- 75:35-1-1[AMENDED]621
- 75:35-1-2[AMENDED]621
- 75:35-1-3[REVOKED]621
- 75:35-1-4[AMENDED]621
- 75:35-1-5[AMENDED]621
- 75:35-1-6[AMENDED]621
- 75:35-1-7[AMENDED]621
- 75:35, App.A[REVOKED]621
- 75:35, App.B[REVOKED]621
- 75:35, App.C[REVOKED]621
- 75:55-1-2[AMENDED]629
- 75:55-1-3[AMENDED]629
- 75:55-1-4[AMENDED]629
- 75:55-1-5[AMENDED]629
- 75:55-1-6[AMENDED]629
- 75:55-2-2[AMENDED]629
- 75:55-2-3[AMENDED]629
- 75:55-3-1[AMENDED]629
- 75:55-3-2[AMENDED]629
- 75:55-3-3[AMENDED]629
- 75:55-3-4[AMENDED]629
- 75:55-3-5[AMENDED]629
- 75:55-4-7[AMENDED]629
- 75:55-4-8[AMENDED]629
- 75:55-4-9[AMENDED]629
- 75:55-5-4[AMENDED]629
- 75:55-5-5[AMENDED]629
- 75:55-5-6[AMENDED]629
- 86:10-1-2[AMENDED]
- 86:10-7-2[AMENDED]
- 86:10-9-1[AMENDED]
- 86:10-9-2[AMENDED]
- 86:10-11-3[AMENDED]
- 86:10-11-4[AMENDED]
- 86:10-11-5[AMENDED]
- 86:10-11-6[AMENDED]
- 86:10-15-2[AMENDED]
- 86:10-15-4[AMENDED]
- 86:10-15-8[AMENDED]
- 86:15-1-3[AMENDED]
- 86:15-5-2[AMENDED]
- 86:15-5-3[AMENDED]
- 86:15-9-2[AMENDED]
- 86:15-9-4[AMENDED]
- 86:15-9-5[AMENDED]
- 86:20-1-2[AMENDED]
- 86:20-3-2[AMENDED]
- 86:20-11-1[AMENDED]
- 86:20-13-2[AMENDED]
- 86:20-13-5[AMENDED]
- 86:20-13-6[AMENDED]
- 86:20-13-7[AMENDED]
- 158:40-1-2[AMENDED]
- 158:40-5-5[AMENDED]
- 158:40-9-2[AMENDED]
- 158:40-9-4[AMENDED]
- 158:40-11-2[AMENDED]
- 160:5-1-2[AMENDED]
- 160:55-3-1.1[AMENDED]
- 160:55-3-8[AMENDED]
- 160:55-3-9.1[AMENDED]
- 160:55-9-2[AMENDED]
- 165:10-1-10[AMENDED](E)490
- 175:10-3-34[AMENDED](E)217
- 175:10-3-37[AMENDED](E)217
- 175:10-3-42[AMENDED](E)217
- 175:10-3-44[AMENDED](E)217
- 175:10-3-45[AMENDED](E)217
- 175:10-3-46[AMENDED](E)217
- 175:10-3-47[AMENDED](E)217
- 175:10-3-48[NEW](E)217
- 175:10-3-34[AMENDED]
- 175:10-3-37[AMENDED]
- 175:10-3-42[AMENDED]
- 175:10-3-44[AMENDED]
- 175:10-3-45[AMENDED]
- 175:10-3-46[AMENDED]
- 175:10-3-47[AMENDED]
- 175:10-3-48[NEW]
- 210:1-5-6[AMENDED]
- 210:10-1-16[AMENDED]
- 210:10-1-21[AMENDED]
- 210:10-1-4[AMENDED]
- 210:10-1-5[AMENDED]
- 210:10-13-1.2[AMENDED]
- 210:10-13-25[AMENDED]
- 210:10-17-1[AMENDED]
- 210:15-13-4[AMENDED]
- 210:15-13-7[REVOKED]
- 210:15-27-1[AMENDED]
- 210:15-27-2[REVOKED]
- 210:15-27-3[REVOKED]
- 210:15-27-4[AMENDED]
- 210:15-32-1[NEW]
- 210:20-9-95[AMENDED]
- 210:20-13-1[AMENDED]
- 210:20-25-1[AMENDED]
- 210:35-3-106[AMENDED]
- 210:35-3-201[AMENDED]
- 210:35-3-46[AMENDED]
- 210:35-11-21[AMENDED]
- 210:35-13-26[AMENDED]
- 210:35-29-8[AMENDED]
- 210:40-83-1[REVOKED]
- 210:40-83-2[REVOKED]
- 210:40-83-3[REVOKED]
- 210:40-83-4[REVOKED]
- 210:40-83-5[REVOKED]
- 218:10-5-1[AMENDED]
- 218:10-5-3[AMENDED]
- 218:10-5-4[AMENDED]
- 218:10-7-4[NEW]
- 218:10-9-1[AMENDED]
- 218:10-10-1[NEW]
- 230:10-3-17[REVOKED]
- 230:10-3-18[AMENDED]
- 230:10-3-18[AMENDED]
- 230:10-3-38[AMENDED]
- 230:10-7-109[AMENDED]
- 230:10-7-16[AMENDED]
- 230:10-7-28[AMENDED]
- 230:10-7-30[REVOKED]
- 230:10-7-40[AMENDED]
- 230:10-7-43[AMENDED]
- 230:10-7-48[AMENDED]
- 230:10-7-55[NEW]
- 230:10-7-66[AMENDED]
- 230:10-7-73[AMENDED]
- 230:10-7-85[AMENDED]
- 230:10-7-85[AMENDED]
- 230:10-7-99[AMENDED]
- 230:15-3-24[AMENDED]
- 230:15-5-73[AMENDED]
- 230:15-5-88[AMENDED]
- 230:15-11-4[AMENDED]
- 230:20-3-4[AMENDED]
- 230:20-5-12[AMENDED]
- 230:20-5-5[AMENDED]
- 230:20-9-1[AMENDED]
- 230:20-9-3[AMENDED]
- 230:20-11-1[AMENDED]
- 230:20-11-2[REVOKED]
- 230:25-3-3[AMENDED]
- 230:25-7-4[AMENDED]
- 230:25-13-1.1[AMENDED]
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- 710:50-23-1[AMENDED]
- 710:50-25-1[AMENDED]
- 710:65-7-17.1[AMENDED]
- 710:65-11-1[AMENDED]
- 710:65-13-275[AMENDED]
- 710:65-13-373[NEW]
- 710:65-19-117[NEW]
- 710:65-19-215[AMENDED]
- 710:70-2-9.1[AMENDED]
- 710:70-2-9.2[NEW]
- 710:90-1-13[AMENDED]
- 715:1-1-5[AMENDED]
- 715:10-1-5[AMENDED]
- 715:10-1-6[AMENDED]
- 715:10-3-1[AMENDED]
- 715:10-3-2[AMENDED]
- 715:10-3-3[AMENDED]
- 715:10-3-4[AMENDED]
- 715:10-5-10[AMENDED]
- 715:10-5-30[AMENDED]
- 715:10-5-36[AMENDED]
- 715:10-7-2[AMENDED]
- 715:10-9-3[AMENDED]
- 715:10-9-6[AMENDED]
- 715:10-9-7[AMENDED]
- 715:10-13-10[AMENDED]
- 715:10-13-11[AMENDED]
- 715:10-13-13[AMENDED]
- 715:10-13-15[AMENDED]
- 715:10-13-2[AMENDED]
- 715:10-13-3[AMENDED]
- 715:10-13-8[AMENDED]
- 715:10-15-1[REVOKED]
- 715:10-15-10[AMENDED]
- 715:10-15-10.1[AMENDED]
- 715:10-15-10.2[AMENDED]
- 715:10-15-11.1[AMENDED]
- 715:10-15-2[AMENDED]
- 715:10-17-13[AMENDED]
- 715:10-17-15[REVOKED]
- 715:10-17-5[AMENDED]
- 715:10-23-1[AMENDED]
- 715:10-23-2[AMENDED]
- 715:10-23-3[REVOKED]
- 715:10-23-4[AMENDED]
- 715:10-23-5[AMENDED]
- 715:10-23-6[AMENDED]
- 730:25-3-1[AMENDED]
- 730:50-1-1[AMENDED]
- 730:50-1-2[AMENDED]
- 730:50-1-3[AMENDED]
- 730:50-3-1[AMENDED]
- 730:50-3-2[AMENDED]
- 730:50-3-3[AMENDED]
- 730:50-3-4[AMENDED]
- 730:50-5-1[AMENDED]
- 730:50-5-12[AMENDED]
- 730:50-5-13[AMENDED]
- 730:50-5-16[AMENDED]
- 730:50-5-17[AMENDED]
- 730:50-5-18[AMENDED]
- 730:50-5-19[AMENDED]
- 730:50-5-2[AMENDED]
- 730:50-5-20[AMENDED]
- 730:50-5-21[AMENDED]
- 730:50-5-23[REVOKED]
- 730:50-5-24[REVOKED]
- 730:50-5-3[AMENDED]
- 730:50-5-4[AMENDED]
- 730:50-5-6[AMENDED]
- 730:50-5-7[AMENDED]
- 730:50-5-8[AMENDED]
- 730:50-5-9[AMENDED]
- 730:50-7-1[AMENDED]
- 730:50-7-2[AMENDED]
- 730:50-7-3[AMENDED]
- 730:50-7-4[AMENDED]
- 730:50-7-5[AMENDED]
- 730:50-7-7[AMENDED]
- 730:50, App.A[AMENDED]
- 748:17-1-2[AMENDED](E)390
- 748:17-1-3[AMENDED](E)390
- 748:17-1-4[AMENDED](E)390
- 748:17-1-5[NEW](E)390
- 748:17-1-6[NEW](E)390
- 748:17-1-2[AMENDED]
- 748:17-1-3[AMENDED]
- 748:17-1-4[AMENDED]
- 748:17-1-5[NEW]
- 748:17-1-6[NEW]
- 748:20-2-1[AMENDED]
- 748:20-2-10[AMENDED]
- 748:20-2-12[REVOKED]
- 748:20-2-14[AMENDED]
- 748:20-2-15[AMENDED]
- 748:20-2-16[NEW]
- 748:20-2-2[AMENDED]
- 748:20-2-20[AMENDED]
- 748:20-2-21[AMENDED]
- 748:20-2-22[REVOKED]
- 748:20-2-23[AMENDED]
- 748:20-2-28[REVOKED]
- 748:20-2-3[AMENDED]
- 748:20-2-32[REVOKED]
- 748:20-2-34[AMENDED]
- 748:20-2-36[REVOKED]
- 748:20-2-37[AMENDED]
- 748:20-2-38[NEW]
- 748:20-2-4[AMENDED]
- 748:20-2-40[AMENDED]
- 748:20-2-6[AMENDED]
- 748:20-2-7[AMENDED]
- 748:20-2-8[AMENDED]
- 748:20-2-9[AMENDED]
- 748:20-4-1[AMENDED]
- 748:20-4-10[AMENDED]
- 748:20-4-11[AMENDED]
- 748:20-4-14[AMENDED]
- 748:20-4-15[AMENDED]
- 748:20-4-16[AMENDED]
- 748:20-4-17[REVOKED]
- 748:20-4-2[AMENDED]
- 748:20-4-28[AMENDED]
- 748:20-4-3[AMENDED]
- 748:20-4-38[NEW]
- 748:20-4-4[AMENDED]
- 748:20-4-44[AMENDED]
- 748:20-4-58[AMENDED]
- 748:20-4-6[AMENDED]
- 748:20-4-60[AMENDED]
- 748:20-4-62[AMENDED]
- 748:20-4-66[AMENDED]
- 748:20-4-7[AMENDED]
- 748:20-4-8[AMENDED]
- 748:20-4-85[AMENDED]
- 748:20-4-86[AMENDED]
- 748:20-4-9[REVOKED]
- 748:20-6-1[AMENDED]
- 748:20-6-10[AMENDED]
- 748:20-6-11[AMENDED]
- 748:20-6-12[AMENDED]
- 748:20-6-13[AMENDED]
- 748:20-6-14[AMENDED]
- 748:20-6-15[REVOKED]
- 748:20-6-16[AMENDED]
- 748:20-6-18[NEW]
- 748:20-6-19[AMENDED]
- 748:20-6-2[AMENDED]
- 748:20-6-20[AMENDED]
- 748:20-6-21[AMENDED]
- 748:20-6-24[REVOKED]
- 748:20-6-28[AMENDED]
- 748:20-6-29[AMENDED]
- 748:20-6-3[AMENDED]
- 748:20-6-30[AMENDED]
- 748:20-6-31[AMENDED]
- 748:20-6-32[AMENDED]
- 748:20-6-33[AMENDED]
- 748:20-6-34[AMENDED]
- 748:20-6-35[AMENDED]
- 748:20-6-39[REVOKED]
- 748:20-6-4[AMENDED]
- 748:20-6-41[NEW]
- 748:20-6-44[NEW]
- 748:20-6-46[NEW]
- 748:20-6-47[AMENDED]
- 748:20-6-49[AMENDED]
- 748:20-6-50[AMENDED]
- 748:20-6-51[AMENDED]
- 748:20-6-52[REVOKED]
- 748:20-6-53[AMENDED]
- 748:20-6-6[AMENDED]
- 748:20-6-7[AMENDED]
- 748:20-6-8[AMENDED]
- 748:20-6-9[AMENDED]
- 748:20-8-1[AMENDED]
- 748:20-8-10[REVOKED]
- 748:20-8-14[REVOKED]
- 748:20-8-15[AMENDED]
- 748:20-8-16[REVOKED]
- 748:20-8-2[AMENDED]
- 748:20-8-20[NEW]
- 748:20-8-21[AMENDED]
- 748:20-8-3[AMENDED]
- 748:20-8-4[AMENDED]
- 748:20-8-6[AMENDED]
- 748:20-8-8[NEW]
- 748:20-12-1[AMENDED]
- 748:20-12-13[AMENDED]
- 748:20-12-2[AMENDED]
- 748:20-12-3[AMENDED]
- 748:20-12-4[AMENDED]
- 748:20-12-6[AMENDED]
- 748:20-12-7[AMENDED]
- 748:20-12-8[AMENDED]
- 748:20-12-9[AMENDED]
- 748:20-14-1[AMENDED]
- 748:20-14-10[AMENDED]
- 748:20-14-11[AMENDED]
- 748:20-14-13[REVOKED]
- 748:20-14-16[AMENDED]
- 748:20-14-19[REVOKED]
- 748:20-14-2[AMENDED]
- 748:20-14-20[AMENDED]
- 748:20-14-3[AMENDED]
- 748:20-14-4[AMENDED]
- 748:20-14-6[AMENDED]
- 748:20-14-8[AMENDED]
- 748:20-16-1[AMENDED]
- 748:20-16-11[AMENDED]
- 748:20-16-12[AMENDED]
- 748:20-16-13[REVOKED]
- 748:20-16-14[AMENDED]
- 748:20-16-15[AMENDED]
- 748:20-16-16[AMENDED]
- 748:20-16-18[AMENDED]
- 748:20-16-2[AMENDED]
- 748:20-16-20[AMENDED]
- 748:20-16-3[AMENDED]
- 748:20-16-4[AMENDED]
- 748:20-16-6[AMENDED]
- 748:20-16-7[AMENDED]
- 748:20-16-8[AMENDED]
- 748:20-16-9[AMENDED]
- 780:1-17-1[AMENDED]
- 780:10-3-2[AMENDED]
- 780:10-5-2[AMENDED]
- 780:15-3-6[AMENDED]
- 780:20-3-4[AMENDED]
- 780:25-11-1[AMENDED]
- 785:4-1-2[AMENDED]
- 785:4-3-4[AMENDED]
- 785:4-5-10[NEW]
- 785:4-5-11[NEW]
- 785:4-5-4[AMENDED]
- 785:4-5-5[AMENDED]
- 785:4-5-6[AMENDED]
- 785:4-5-7[AMENDED]
- 785:4-5-8[NEW]
- 785:4-5-9[NEW]
- 785:5-1-16[AMENDED]
- 785:5-1-9[AMENDED]
- 785:50-6-2[AMENDED]
- 785:50-6-3[AMENDED]
- 785:50-8-3[AMENDED]
- 785:50-8-5[AMENDED]
- 785:50-20-1[AMENDED]
- 800:10-1-3[AMENDED]
- 800:10-1-4[AMENDED]
- 800:10-3-3[AMENDED]
- 800:10-3-5[AMENDED]
- 800:10-5-1.1[AMENDED]
- 800:10-5-2[AMENDED]
- 800:10-5-3[AMENDED]
- 800:10-5-6[AMENDED]
- 800:20-1-2[AMENDED]
- 800:20-2-4[NEW]
- 800:20-2-5[NEW]
- 800:20-2-6[NEW]
- 800:25-3-2[AMENDED]
- 800:25-3-3[AMENDED]
- 800:25-4-1[NEW]
- 800:25-4-2[NEW]
- 800:25-5-48[AMENDED]
- 800:25-5-49[REVOKED]
- 800:25-5-50[REVOKED]
- 800:25-5-51[REVOKED]
- 800:25-7-105.7[NEW]
- 800:25-7-181[AMENDED]
- 800:25-7-22[AMENDED]
- 800:25-7-3[AMENDED]
- 800:25-7-4[NEW]
- 800:25-7-61[AMENDED]
- 800:25-24-3[AMENDED]
- 800:25-26-3[AMENDED]
- 800:25-26-6[AMENDED]
- 800:25-26-7[AMENDED]
- 800:25-30-5[AMENDED]
- 800:30-1-3[AMENDED](E)21
- 800:30-1-1[AMENDED]
- 800:30-1-20[AMENDED]
- 800:30-1-22[AMENDED]
- 800:30-1-23[NEW]
- 800:30-1-3[AMENDED]
- 800:30-1-4[AMENDED]
- 800:30-1-5[AMENDED]
- 800:30-3-2[AMENDED]
- 800:30-3-7[AMENDED]
Agency/Title Index
[Assigned as of 6-30-26]
Agency
Title
Agency
Title
- 5Oklahoma ABSTRACTORS Board
- 10Oklahoma ACCOUNTANCY Board
- 15State ACCREDITING Agency
- 20AD Valorem Task Force(abolished 7-1-93)
- 25Oklahoma Department of Aerospace and AERONAUTICS
- 30Board of Regents for the Oklahoma AGRICULTURAL and Mechanical Colleges(exempted 11-1-98)
- 35Oklahoma Department of AGRICULTURE, Food, and Forestry
- 38Oklahoma Board of Licensed ALCOHOL and Drug Counselors
- 40Board of Tests for ALCOHOL and Drug Influence
- 45ALCOHOLIC Beverage Laws Enforcement Commission
- 50ANATOMICAL Board of the State of Oklahoma
- 55Board of Governors of the ARCHITECTS, Landscape Architects and Licensed Interior Designers of Oklahoma(Formerly: Board of Governors of the Licensed ARCHITECTS and Landscape Architects of Oklahoma; and Board of Governors of the Licensed ARCHITECTS, Landscape Architects and Registered Interior Designers of Oklahoma)
- 60ARCHIVES and Records Commission
- 65Board of Trustees for the ARDMORE Higher Education Program(exempted 11-1-98)
- 70Oklahoma ARTS Council
- 75ATTORNEY General
- 80State AUDITOR and Inspector
- 85State BANKING Department
- 86Oklahoma State Employees BENEFITS Council(consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
- 87Oklahoma State Employees BENEFITS Council
- 90Council of BOND Oversight
- 92Oklahoma State ATHLETIC Commission(Formerly: Oklahoma Professional BOXING Commission)
- 93BROADBAND Governing Board
- 95State BURIAL Board(abolished 7-1-92)
- 100[RESERVED]
- Oklahoma State ATHLETIC Commission(Formerly: Oklahoma Professional BOXING Commission) See Title - 92
- 105Oklahoma CAPITAL Investment Board
- 110Oklahoma CAPITOL Improvement Authority
- 115State CAPITOL Preservation Commission
- 120CAPITOL-MEDICAL Center Improvement and Zoning Commission
- Oklahoma Department of CAREER and Technology Education(Formerly: Oklahoma Department of VOCATIONAL and Technical Education) See Title - 780
- 125Board of Regents of CARL Albert State College(exempted 11-1-98)
- Department of CENTRAL Services(Formerly: Office of PUBLIC Affairs) See Title - 580
- 130CEREBRAL Palsy Commission
- 135Commission on CHILDREN and Youth
- 140Board of CHIROPRACTIC Examiners
- 145Oklahoma Department ofEMERGENCY Management(Formerly: Department of CIVIL Emergency Management)
- 150Oklahoma Department of COMMERCE
- 152COMMUNITY Hospitals Authority
- COMPSOURCE Oklahoma(Formerly: State INSURANCE Fund) See Title - 370
- 155Oklahoma CONSERVATION Commission
- 158CONSTRUCTION Industries Board
- 160Department of CONSUMER Credit
- 165CORPORATION Commission
- 170Department of CORRECTIONS
- 175State Board of COSMETOLOGY and Barbering
- 180Oklahoma State CREDIT Union Board
- 185CRIME Victims Compensation Board
- 190Joint CRIMINAL Justice System Task Force Committee
- 195Board of DENTISTRY
- 200Oklahoma DEVELOPMENT Finance Authority
- Office of DISABILITY Concerns(Formerly: Office of HANDICAPPED Concerns) See Title - 305
- 205Board of Regents of EASTERN Oklahoma State College(exempted 11-1-98)
- 208EDGE Fund Policy Board
- 210State Department of EDUCATION
- 215EDUCATION Oversight Board(merged under Office of Educational Quality and Accountability 7-1-14 - See Title 218)
- 218Office of EDUCATIONAL Quality and Accountability
- 220Oklahoma EDUCATIONAL Television Authority
- 225[RESERVED]
- 230State ELECTION Board
- Oklahoma Department of EMERGENCY Management(Formerly: Department of CIVIL Emergency Management) See Title - 145
- 235Oklahoma FUNERAL Board(Formerly: Oklahoma State Board of EMBALMERS and Funeral Directors)
- 240Oklahoma EMPLOYMENT Security Commission
- 243Oklahoma ENERGY Resources Board
- 245State Board of Licensure for Professional ENGINEERS and Surveyors(Formerly: State Board of Licensure for Professional ENGINEERS and Land Surveyors)
- 250Board of Trustees for the ENID Higher Education Program(exempted 11-1-98)
- 252Department of ENVIRONMENTAL Quality
- 255State Board of EQUALIZATION
- 257ETHICS Commission(Title revoked)
- 258ETHICS Commission
- 260Office of MANAGEMENT and Enterprise Services(Formerly: Office of State FINANCE)
- 265State FIRE Marshal Commission
- 268Oklahoma Council on FIREFIGHTER Training
- 270Oklahoma FIREFIGHTERS Pension and Retirement System
- 275[RESERVED]
- 277FORENSIC Review Board
- 280State Board of Registration for FORESTERS
- 285FOSTER Care Review Advisory Board
- Oklahoma FUNERAL Board(Formerly: Oklahoma State Board of Embalmers and Funeral Directors) See Title - 235
- 290Oklahoma FUTURES
- 295GOVERNOR(See also Title 1, Executive Orders)
- 300GRAND River Dam Authority
- 302Group Self-Insurance Association GUARANTY Fund Board
- 303Individual Self-Insured GUARANTY Fund Board
- 304STATE Use Committee(Formerly: Committee on Purchases of Products and Services of the Severely HANDICAPPED; consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
- 305Office of DISABILITY Concerns(Formerly: Office of HANDICAPPED Concerns)
- 310Oklahoma State Department of HEALTH
- 315Oklahoma Basic HEALTH Benefits Board(abolished 11-1-97)
- 317Oklahoma HEALTH Care Authority
- 318HIGHWAY Construction Materials Technician Certification Board
- 320Oklahoma HISTORICAL Society
- 325Oklahoma HORSE Racing Commission
- 330Oklahoma HOUSING Finance Agency
- 335Oklahoma HUMAN Rights Commission
- 340Department of HUMAN Services
- 345Committee for INCENTIVE Awards for State Employees
- 350Oklahoma INDIAN Affairs Commission
- 352Oklahoma INDIGENT Defense System
- 355Oklahoma INDUSTRIAL Finance Authority
- 357INJURY Review Board
- 360Oklahoma State and Education Employees Group INSURANCE Board(consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
- 365INSURANCE Department
- 370COMPSOURCE Oklahoma(Formerly: State INSURANCE Fund)
- 375Oklahoma State Bureau of INVESTIGATION
- 376Council on JUDICIAL Complaints
- 377Office ofJUVENILE Affairs
- 380Department of LABOR
- 385Department of the Commissioners of the LAND Office
- 390Council on LAW Enforcement Education and Training
- 395Oklahoma LAW Enforcement Retirement System
- 400Board on LEGISLATIVE Compensation
- 405Oklahoma Department of LIBRARIES
- 410LIEUTENANT Governor
- 415Oklahoma LINKED Deposit Review Board
- 420Oklahoma LIQUEFIED Petroleum Gas Board
- 422Oklahoma LIQUEFIED Petroleum Gas Research, Marketing and Safety Commission
- 425LITERACY Initiatives Commission
- 428LONG-RANGE Capital Planning Commission
- Oklahoma State Board of Examiners for LONG-TERM Care Administrators(Formerly: Oklahoma State Board of Examiners for NURSING Home Administrators) See Title - 490
- 429LOTTERY Commission, Oklahoma
- Office of MANAGEMENT and Enterprise Services(Formerly: Office of State FINANCE) See Title - 260
- 430Board of Trustees for the MCCURTAIN County Higher Education Program(exempted 11-1-98)
- 432Commission on MARGINALLY Producing Oil and Gas Wells
- 435State Board of MEDICAL Licensure and Supervision
- 440MEDICAL Technology and Research Authority of Oklahoma
- 442Oklahoma MEDICAL Marijuana Authority
- 445Board of MEDICOLEGAL Investigations
- 450Department of MENTAL Health and Substance Abuse Services
- 455MERIT Protection Commission
- 457MILITARY Planning Commission, Oklahoma Strategic
- 460Department of MINES
- 465Oklahoma New MOTOR Vehicle Commission
- 470Board of Regents of MURRAY State College(exempted 11-1-98)
- 475Oklahoma State Bureau of NARCOTICS and Dangerous Drugs Control
- 480Board of Regents of NORTHERN Oklahoma College(exempted 11-1-98)
- 485Oklahoma Board of NURSING
- 490Oklahoma State Board of Examiners for LONG-TERM Care Administrators(Formerly: Oklahoma State Board of Examiners for NURSING Home Administrators)
- 495Board of Regents of OKLAHOMA City Community College(exempted 11-1-98)
- 500Board of Regents of OKLAHOMA Colleges(exempted 11-1-98)
- 505Board of Examiners in OPTOMETRY
- 510State Board of OSTEOPATHIC Examiners
- 515PARDON and Parole Board
- 520Oklahoma PEANUT Commission
- 525Oklahoma State PENSION Commission
- 527State Board of Examiners of PERFUSIONISTS
- 530Office of PERSONNEL Management(consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
- 532Board of Commercial PET Breeders(abolished 7-1-12 - See Title 35)
- 535Oklahoma State Board of PHARMACY
- 540Health Care WORKFORCE Training Commission
- 545Board of PODIATRIC Medical Examiners
- 550Oklahoma POLICE Pension and Retirement System
- 555State Department of POLLUTION Control(abolished 1-1-93)
- 560POLYGRAPH Examiners Board
- 565Oklahoma Board of PRIVATE Vocational Schools
- 570State Board for PROPERTY and Casualty Rates(abolished 7-1-06; see also Title 365)
- 575State Board of Examiners of PSYCHOLOGISTS
- 580Department of CENTRAL Services(Formerly: Office of PUBLIC Affairs; consolidated under Office of Management and Enterprise Services 8-26-11 - See Title 260)
- 585PUBLIC Employees Relations Board
- 590Oklahoma PUBLIC Employees Retirement System
- 595Department of PUBLIC Safety
- 600REAL Estate Appraiser Board
- 605Oklahoma REAL Estate Commission
- 607Board of Regents of REDLANDS Community College(exempted 11-1-98)
- 610State REGENTS for Higher Education
- 612State Department of REHABILITATION Services
- 615Board of Regents of ROGERS State College(exempted 11-1-98)
- 620Board of Regents of ROSE State College(exempted 11-1-98)
- 623ROUTE 66 Commission
- 625Oklahoma SAVINGS and Loan Board(abolished 7-1-93)
- 630SCENIC Rivers Commission
- 635Oklahoma Commission on SCHOOL and County Funds Management
- 640Advisory Task Force on the Sale of SCHOOL Lands(functions concluded 2-92)
- 645The Oklahoma School of SCIENCE and Mathematics
- 650Oklahoma Center for the Advancement of SCIENCE and Technology
- 655SECRETARY of State
- 660Department of SECURITIES
- 665Board of Regents of SEMINOLE State College(exempted 11-1-98)
- 670SERVICE Oklahoma
- 675State Board of Licensed SOCIAL Workers
- 680SOUTHERN Growth Policies Board
- 685Oklahoma SOYBEAN Commission(abolished 7-1-97)
- 690Board of Examiners for SPEECH-LANGUAGE Pathology and Audiology(Formerly: Board of Examiners for SPEECH Pathology and Audiology)
- STATE Use Committee(Formerly: Committee on Purchases of Products and Services of the Severely HANDICAPPED) See Title - 304
- 695STATE Employee Charitable Contributions, Oversight Committee for(Formerly: STATE Agency Review Committee)
- 700Oklahoma STUDENT Loan Authority
- 705TASK Force 2000
- 710Oklahoma TAX Commission
- 712Oklahoma Commission for TEACHER Preparation(merged under Office of Educational Quality and Accountability 7-1-14 - See Title 218)
- 715TEACHERS’ Retirement System
- 720State TEXTBOOK Committee
- 723TOBACCO Settlement Endowment Trust Fund
- 725Oklahoma TOURISM and Recreation Department
- 730Department of TRANSPORTATION
- Oklahoma TRANSPORTATION Authority(Name changed to Oklahoma TURNPIKE Authority 11-1-05) See Title - 731
- 731Oklahoma TURNPIKE Authority(Formerly: Oklahoma TRANSPORTATION Authority AND Oklahoma TURNPIKE Authority) See Title - 745
- 735State TREASURER
- 740Board of Regents of TULSA Community College(exempted 11-1-98)
- 745Oklahoma TURNPIKE Authority(Name changed to Oklahoma TRANSPORATION Authority 11-1-99 - no rules enacted in this Title - See Title 731)
- 748Oklahoma UNIFORM Building Code Commission
- 750Board of Trustees for the UNIVERSITY Center at Tulsa(exempted 11-1-98)
- 752UNIVERSITY Hospitals Authority
- 753UNIVERSITY Hospitals Trust
- 755Board of Regents of the UNIVERSITY of Oklahoma(exempted 11-1-98)
- 760Board of Regents of the UNIVERSITY of Science and Arts of Oklahoma(exempted 11-1-98)
- 765Oklahoma USED Motor Vehicle, Dismantler, and Manufactured Housing Commission.
- 770Oklahoma Department of VETERANS Affairs
- 775Board of VETERINARY Medical Examiners
- 777Statewide CHARTER School Board
- 780Oklahoma Department of CAREER and Technology Education(Formerly: Oklahoma Department of VOCATIONAL and Technical Education)
- 785Oklahoma WATER Resources Board
- 790Board of Regents of WESTERN Oklahoma State College(exempted 11-1-98)
- 795Oklahoma WHEAT Commission
- 800Department of WILDLIFE Conservation
- 805WILL Rogers and J.M. Davis Memorials Commission
- 810Oklahoma WORKERS' Compensation Commission
Submissions to Governor and Legislature
Within 10 calendar days after adoption by an agency of proposed PERMANENT rules, the agency must submit the rules to the Governor and the Legislature. A "statement" of such submission must subsequently be published by the agency in the Register
For additional information on submissions to the Governor/Legislature, see 75 O.S., Section 303.1 and 308.
For additional information on submissions to the Governor/Legislature, see 75 O.S., Section 303.1 and 308.
TITLE 748. Oklahoma Uniform Building Code Commission
CHAPTER 17. EDUCATION AND TRAINING
[OAR Docket #26-101]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 1. Regional Training
748:17-1-2. Definitions [AMENDED]
748:17-1-3. Regional continuing educationtraining courses [AMENDED]
748:17-1-4. Regional Training held or sponsored by the OUBCC [AMENDED]
748:17-1-5. Regional training sponsored by a private organization, association, or group [NEW]
748:17-1-6. Workforce Development [NEW]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 23, 2026
[OAR Docket #26-101; filed 6-1-26]
TITLE 748. Oklahoma Uniform Building Code Commission
CHAPTER 20. ADOPTED CODES [AMENDED]
[OAR Docket #26-102]
RULEMAKING ACTION:
Submission to Governor and Legislature
RULES:
Subchapter 2. IBC® 20182024 [AMENDED]
748:20-2-1. Adoption of the International Building Code®, 2018 Edition (IBC® 20182024 Edition (IBC® 2024) [AMENDED]
748:20-2-2. Effect of Adoption [AMENDED]
748:20-2-3. IBC® 20182024 and Other Appendices [AMENDED]
748:20-2-4. IBC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-2-6. IBC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-2-7. IBC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-2-8. IBC® 20182024 Chapter 3 Use and Occupancy Classification [AMENDED]
748:20-2-9. IBC® 20182024 Chapter 4 Special Detailed Requirements Based on Use and Occupancy [AMENDED]
748:20-2-10. IBC® 20182024 Chapter 5 General Building Heights and Areas [AMENDED]
748:20-2-12. IBC® 2018 Chapter 7 Fire and Smoke Protection Features [REVOKED]
748:20-2-14. IBC® 20182024 Chapter 9 Fire Protection Systems [AMENDED]
748:20-2-15. IBC® 20182024 Chapter 10 Means of Egress [AMENDED]
748:20-2-16. IBC® 2024 Chapter 11 Accessibility [NEW]
748:20-2-20. IBC® 20182024 Chapter 15 Roof Assemblies and Rooftop Structures [AMENDED]
748:20-2-21. IBC® 20182024 Chapter 16 Structural Design [AMENDED]
748:20-2-22. IBC® 2018 Chapter 17 Special Inspections and Tests [REVOKED]
748:20-2-23. IBC® 20182024 Chapter 18 Soils and Foundations [AMENDED]
748:20-2-28. IBC® 2018 Chapter 23 Wood [REVOKED]
748:20-2-32. IBC® 2018 Chapter 27 Electrical [REVOKED]
748:20-2-34. IBC® 20182024 Chapter 29 Plumbing Systems [AMENDED]
748:20-2-36. IBC® 2018 Chapter 31 Special Construction [REVOKED]
748:20-2-37. IBC® 20182024 Chapter 32 Encroachments into the Public Right-of-Way [AMENDED]
748:20-2-38. IBC® 2024 Chapter 33 Safeguards During Construction [NEW]
748:20-2-40. IBC® 20182024 Chapter 35 Referenced Standards [AMENDED]
Subchapter 4. IFC® 20182024 [AMENDED]
748:20-4-1. Adoption of the International Fire Code®, 2018 Edition (IFC® 20182024 Edition (IFC® 2024) [AMENDED]
748:20-4-2. Effect of Adoption [AMENDED]
748:20-4-3. IFC® 20182024 and Other Appendices [AMENDED]
748:20-4-4. IFC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-4-6. IFC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-4-7. IFC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-4-8. IFC® 20182024 Chapter 3 General Requirements [AMENDED]
748:20-4-9. IFC® 2018 Chapter 4 Emergency Planning and Preparedness [REVOKED]
748:20-4-10. IFC® 20182024 Chapter 5 Fire Service Features [AMENDED]
748:20-4-11. IFC® 20182024 Chapter 6 Building Services and Systems [AMENDED]
748:20-4-14. IFC® 20182024 Chapter 9 Fire Protection Systems [AMENDED]
748:20-4-15. IFC® 20182024 Chapter 10 Means of Egress [AMENDED]
748:20-4-16. IFC® 20182024 Chapter 11 Construction Requirements for Existing Buildings [AMENDED]
748:20-4-17. IFC® 2018 Chapter 12 Energy Systems [REVOKED]
748:20-4-28. IFC® 20182024 Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages [AMENDED]
748:20-4-38. IFC® 2024 Chapter 33 Fire Safety during Construction and Demolition [NEW]
748:20-4-44. IFC® 20182024 Chapter 39 Processing and Extraction Facilities [AMENDED]
748:20-4-58. IFC® 20182024 Chapter 53 Compressed Gases [AMENDED]
748:20-4-60. IFC® 20182024 Chapter 55 Cryogenic Fluids [AMENDED]
748:20-4-62. IFC® 20182024 Chapter 57 Flammable and Combustible Liquids [AMENDED]
748:20-4-66. IFC® 20182024 Chapter 61 Liquefied Petroleum Gases [AMENDED]
748:20-4-85. IFC® 20182024 Chapter 80 Referenced Standards [AMENDED]
748:20-4-86. Appendix OP, Egress Path Markings for Existing Buildings [AMENDED]
Subchapter 6. IRC® 20182024 [AMENDED]
748:20-6-1. Adoption of International Residential Code® 2018 (IRC® 20182024 (IRC® 2024) [AMENDED]
748:20-6-2. Effect of Adoption [AMENDED]
748:20-6-3. IRC® 20182024 and Other Appendices [AMENDED]
748:20-6-4. IRC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-6-6. IRC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-6-7. IRC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-6-8. IRC® 20182024 Chapter 3 Building Planning [AMENDED]
748:20-6-9. IRC® 20182024 Chapter 4 Foundations [AMENDED]
748:20-6-10. IRC® 20182024 Chapter 5 Floors [AMENDED]
748:20-6-11. IRC® 20182024 Chapter 6 Wall Construction [AMENDED]
748:20-6-12. IRC® 20182024 Chapter 7 Wall Covering [AMENDED]
748:20-6-13. IRC® 20182024 Chapter 8 Roof-Ceiling Construction [AMENDED]
748:20-6-14. IRC® 20182024 Chapter 9 Roof Assemblies [AMENDED]
748:20-6-15. IRC® 2018 Chapter 10 Chimneys and Fireplaces [REVOKED]
748:20-6-16. IRC® 20182024 Chapter 11 Energy Efficiency [AMENDED]
748:20-6-18. IRC® 2024 Chapter 13 General Mechanical System Requirements [NEW]
748:20-6-19. IRC® 20182024 Chapter 14 Heating and Cooling Equipment and Appliances [AMENDED]
748:20-6-20. IRC® 2024 Chapter 15 Exhaust Systems [AMENDED]
748:20-6-21. IRC® 20182024 Chapter 16 Duct Systems [AMENDED]
748:20-6-24. IRC® 2018 Chapter 19 Special Appliances, Equipment and Systems [REVOKED]
748:20-6-28. IRC® 20182024 Chapter 23 Solar Thermal Energy Systems [AMENDED]
748:20-6-29. IRC® 20182024 Chapter 24 Fuel Gas [AMENDED]
748:20-6-30. IRC® 20182024 Chapter 25 Plumbing Administration [AMENDED]
748:20-6-31. IRC® 20182024 Chapter 26 General Plumbing Requirements [AMENDED]
748:20-6-32. IRC® 20182024 Chapter 27 Plumbing Fixtures [AMENDED]
748:20-6-33. IRC® 20182024 Chapter 28 Water Heaters [AMENDED]
748:20-6-34. IRC® 20182024 Chapter 29 Water Supply and Distribution [AMENDED]
748:20-6-35. IRC® 20182024 Chapter 30 Sanitary Drainage [AMENDED]
748:20-6-39. IRC® 2018 Chapter 34 General Requirements (Electrical) [REVOKED]
748:20-6-41. IRC® 2024 Chapter 36 Services [NEW]
748:20-6-44. IRC® 2024 Chapter 39 Power and Lighting Distribution [NEW]
748:20-6-46. IRC® 2024 Chapter 41 Appliance Installation [NEW]
748:20-6-47. IRC 20182024® Chapter 42 Swimming Pools [AMENDED]
748:20-6-49. IRC® 20182024 Chapter 44 Referenced Standards [AMENDED]
748:20-6-50. Appendix UBP, Automatic Fire Systems [AMENDED]
748:20-6-51. Appendix VBQ, Swimming Pools, Spas, and Hot Tubs [AMENDED]
748:20-6-52. Appendix W, Energy Efficiency [REVOKED]
748:20-6-53. Appendix XBR, Residential Tornado Provisions [AMENDED]
Subchapter 8. IEBC® 20182024 [AMENDED]
748:20-8-1. Adoption of the International Existing Building Code®, 2018 Edition (IEBC® 20182024 Edition (IEBC® 2024) [AMENDED]
748:20-8-2. Effect of Adoption [AMENDED]
748:20-8-3. IEBC® 20182024 Appendices [AMENDED]
748:20-8-4. IEBC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-8-6. IEBC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-8-8. IEBC® 2024 Chapter 3 Provisions for all Compliance Methods [NEW]
748:20-8-10. IEBC® 2018 Chapter 5 Prescriptive Compliance Methods [REVOKED]
748:20-8-14. IEBC® 2018 Chapter 9 Alterations, Level 3 [REVOKED]
748:20-8-15. IEBC® 20182024 Chapter 10 Change of Occupancy [AMENDED]
748:20-8-16. IEBC® 2018 Chapter 11 Additions [REVOKED]
748:20-8-20. IEBC® 2024 Chapter 15 Construction Safeguards [NEW]
748:20-8-21. IEBC® 20182024 Chapter 16 Referenced Standards [AMENDED]
Subchapter 12. IFGC® 20182024 [AMENDED]
748:20-12-1. Adoption of the International Fuel Gas Code®, 2018 Edition (IFGC® 20182024 Edition (IFGC® 2024) [AMENDED]
748:20-12-2. Effect of Adoption [AMENDED]
748:20-12-3. IFGC® 20182024 Appendices [AMENDED]
748:20-12-4. IFGC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-12-6. IFGC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-12-7. IFGC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-12-8. IFGC® 20182024 Chapter 3 General Regulations [AMENDED]
748:20-12-9. IFGC® 20182024 Chapter 4 Gas Piping Installations [AMENDED]
748:20-12-13. IFGC® 20182024 Chapter 8 Referenced Standards [AMENDED]
Subchapter 14. IMC® 20182024 [AMENDED]
748:20-14-1. Adoption of the International Mechanical Code®, 2018 Edition (IMC® 20182024 Edition (IMC® 2024) [AMENDED]
748:20-14-2. Effect of Adoption [AMENDED]
748:20-14-3. IMC® 20182024 Appendices [AMENDED]
748:20-14-4. IMC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-14-6. IMC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-14-8. IMC® 20182024 Chapter 3 General Regulations [AMENDED]
748:20-14-10. IMC® 20182024 Chapter 5 Exhaust Systems [AMENDED]
748:20-14-11. IMC® 20182024 Chapter 6 Duct Systems [AMENDED]
748:20-14-13. IMC® 2018 Chapter 8 Chimneys and Vents [REVOKED]
748:20-14-16. IMC® 20182024 Chapter 11 Refrigeration [AMENDED]
748:20-14-19. IMC® 2018 Chapter 14 Solar Thermal Systems [REVOKED]
748:20-14-20. IMC® 20182024 Chapter 15 Referenced Standards [AMENDED]
Subchapter 16. IPC® 20182024 [AMENDED]
748:20-16-1. Adoption of the International Plumbing Code®, 2018 Edition (IPC® 20182024 Edition (IPC® 2024) [AMENDED]
748:20-16-2. Effect of Adoption [AMENDED]
748:20-16-3. IPC® 20182024 Appendices [AMENDED]
748:20-16-4. IPC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-16-6. IPC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-16-7. IPC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-16-8. IPC® 20182024 Chapter 3 General Regulations [AMENDED]
748:20-16-9. IPC® 20182024 Chapter 4 Fixtures, Faucets and Fixture Fittings [AMENDED]
748:20-16-11. IPC® 20182024 Chapter 6 Water Supply and Distribution [AMENDED]
748:20-16-12. IPC® 20182024 Chapter 7 Sanitary Drainage [AMENDED]
748:20-16-13. IPC 2018 Chapter 8 Indirect/Special Waste [REVOKED]
748:20-16-14. IPC® 20182024 Chapter 9 Vents [AMENDED]
748:20-16-15. IPC® 2024 Chapter 10 Traps, Interceptors, and Separators [AMENDED]
748:20-16-16. IPC® 20182024 Chapter 11 Storm Drainage [AMENDED]
748:20-16-18. IPC® 20182024 Chapter 13 Nonpotable Water Systems [AMENDED]
748:20-16-20. IPC® 20182024 Chapter 15 Referenced Standards [AMENDED]
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 23, 2026
[OAR Docket #26-102; filed 6-1-26]
Permanent Final Adoptions
An agency may promulgate rules on a permanent basis upon "final adoption," as defined in 75 O.S., Section 250.3(5), of the proposed rules.
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 cites the Register publication of the finally adopted rules in the permanent rule document.
For additional information on the permanent rulemaking process, see 75 O.S., Sections 303, 303.1, 308, 308.1 and 308.3.
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 cites the Register publication of the finally adopted rules in the permanent rule document.
For additional information on the permanent rulemaking process, see 75 O.S., Sections 303, 303.1, 308, 308.1 and 308.3.
TITLE 25. Oklahoma Department of Aerospace and Aeronautics
CHAPTER 15. AIRPORT CONSTRUCTION PROGRAM [AMENDED]
[OAR Docket #26-461]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
25:15-1-4. Programming Implementation Airport Grant and Loan Program Requirements and Procedures [AMENDED]
25:15-1-6. Act as Agentagent [NEW]
AUTHORITY:
3 O.S. Section 85; Oklahoma Department of Aerospace and Aeronautics
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 23, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 20, 2026
ADOPTION:
January 21, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 21, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rules are necessary to remove the not to exceed state participation limit on terminal building and fuel system construction projects. The Director’s authority limit on change orders and supplemental agreements will be increased due to rising construction costs. Acceptable minimum useful life of a facility or equipment being rehabilitated, reconstructed or replaced has been outlined and the Department’s ability to act as a representative on behalf of an airport sponsor has been defined.
CONTACT PERSON:
Michelle Bouziden, Senior Project & Grants Manager
110 N. Robinson, Suite 200, Oklahoma City, OK 73102
michelle.bouziden@aerospace.ok.gov (405) 604-6912.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
25:15-1-4. Programming Implementation Airport Grant and Loan Program Requirements and Procedures [AMENDED]
(a) Contingency. Implementation of an airport grant program or loan program is contingent upon funding being available to the Department for this purpose.
(b) Notification to Proceed.
(1) As funding becomes available, the Department staff shall send a notification letter to each airport sponsor that has a capital project included in the approved Airport Construction Program as described in 25:15-1-3.
(2) The notification letter shall:
(A) Advise the airport sponsor of the proposed cost sharing for the project and identify project development items eligible for funding.
(B) Authorize or direct the airport sponsor to:
(i) confirm in writing within 30 days the airport sponsor's intention to proceed with the project as programmed;
(ii) select an engineering consultant and provide a copy of the contract entered into with the consultant;
(iii) prepare project plans and specifications and to coordinate the project design with the Department staff;
(iv) prepare to meet the federal and state administrative requirements depending upon the proposed funding sources;
(v) provide updated project costs after the final design is completed;
(vi) proceed to bid when directed by the Department's staff; and
(vii) submit a grant application for the Department's consideration and approval.
(c) Grant Application or Loan Application; General Information.
(1) The airport sponsor shall submit a complete grant or loan application for a capital project for:
(A) Reimbursement of the cost of planning and engineering; and/or
(B) Reimbursement for the cost of construction based on the bids received by the airport sponsor.
(2) The airport sponsor's administrative official must sign the grant or loan application form(s). If the administration and/or operation of the airport is performed by a Trust, the Chairman of the Trust must also sign the grant or loan application.
(3) The Department shall consider all grant or loan applications in accordance with 25:15-1-3(c).
(4) Reimbursement for the cost of engineering is contingent upon submission of the final set of plans and specifications to the Department staff.
(d) Grant or Loan Application; Funding Information.
(1) Each airport sponsor must state in its application that it has on hand funds to pay all estimated costs of the proposed project that are not borne by the Department or any other state or federal agency. As part of this requirement, each airport sponsor is required to provide written verification in the grant or loan application (designated as Exhibit E) to the Department that the airports sponsor's share of the project has been reserved in an account that will be used for defraying the costs of the project.
(2) If any of the funds for the project are to be furnished by another state or federal agency, the airport sponsor must provide evidence that the funds are available with the grant or loan application.
(e) Information Regarding State Level of Participation and Required Matches.
(1) For state grants, the maximum level of participation for the Department shall not exceed 95 percent. The airport sponsor is required to provide a minimum of 5 percent of the project funding for the airport sponsor matching share.
(2) For FAA grants for projects identified in the Department's Airport Construction Program, the Department may provide half of the match that is required from the airport sponsor.
(3) For FAA grants for projects identified in the Department's Airport Construction Program, the Department may provide supplemental state grant funding for project items. The maximum level of participation for the Department in such supplemental funding shall not exceed 95 percent. The airport sponsor is required to provide a minimum of 5 percent of the supplemental project funding for the airport sponsor matching share.
(4) For non-primary entitlement (NPE) grants or special federal earmarks not identified in the Department's Airport Construction Program, the Department will not provide half the match that is required from the airport sponsor. If NPE grant funds are transferred from other airport sponsors to an airport sponsor for a project identified in the Department's Airport Construction Program, the Department may assist with half of any required match from the receiving airport sponsor so long as it will save the Department state funds.
(5) For terminal building projects, the Department's maximum cost-share level shall be 50 percent and shall not exceed $1,000,000. The airport sponsor is required to provide a dollar-for-dollar airport sponsor matching share for every dollar the Department provides. Remaining share to complete the project could come from any available source. New construction or complete reconstruction of an existing terminal building are considered eligible projects under this item. At the Department’s sole discretion a rehabilitation and expansion of a terminal building may also be considered as eligible under this item.
(6) For hangar construction projects, the Department may provide funding via grant or loan. Priority shall be given to construction of new hangars, but the Department may consider rehabilitation of existing sponsor owned hangars if it enhances the longevity of the hangars and provides for additional revenue for the airport.
(A) For state grants the Department's maximum cost-share level of participation shall not exceed 40 percent. The airport sponsor is required to provide a minimum 5 percent for the airport sponsor matching share. Remaining share to complete project could come from any available source.
(B) For state loans the maximum cost-share level of participation shall not exceed 70 percent. The airport sponsor is required to provide a minimum 5 percent for the airport sponsor matching share. Remaining share to complete project could come from any available source.
(7) For fuel system construction projects, the Department's maximum cost-share level shall be 50 percent and shall not exceed $500,000 per system type (fixed or mobile) per fuel type (e.g Jet-A, AvGas). Fixed fuel systems must be new construction and mobile fuel systems must be in new condition and acquired in compliance with local procurement procedures and/or laws in place that govern the airport sponsor. The airport sponsor is required to provide a minimum of 5 percent for the airport sponsor matching share. Remaining share to complete the project could come from any available source.
(8) For funding directed to the Department as a part of the Preserving Rural Economic Prosperity (PREP) program or other similar state funding program created by the legislature for specifically identified site locations and infrastructure projects within the Oklahoma Airport System the Department may provide funds at a 100 percent level.
(f) Grant Application; Project Information. The airport sponsor will provide the following information:
(1) The airport sponsor shall submit an Airport Layout Drawing or project sketch (designated as Exhibit A) indicating the location of the proposed construction work with all grant applications.
(2) The airport sponsor shall submit final project plans and specifications with the grant application (designated as Exhibit B).
(3) The airport sponsor shall submit a project narrative with the grant application describing the items of airport development for which the airport sponsor is requesting assistance (designated as Exhibit B-1).
(4) The airport sponsor shall submit a line-item project cost list with the grant application that provides a detailed cost breakdown of the project (designated as Exhibit B-2). This list will be based on the bid awarded by the airport sponsor. The amounts on this list are considered not to be exceeded amounts without prior approval. Any expenditure over these line-item amounts will not be considered for reimbursement unless approval has been received as described in 25:15-1-4(h).
(5) The airport sponsor shall submit the engineering contract for the project scope and the project engineering fees with the grant application (designated as Exhibit B-3).
(6) The Sponsor will submit a certification stating compliance with FAA standards unless an approved Modification to Standards for state standards has been received from the appropriate funding agency.
(7) The airport sponsor shall submit the contract for on-site construction observations (designated Exhibit B-4).
(8) The airport sponsor shall provide a signed statement in the grant application that the airport sponsor is not currently in default to any state agency for any obligation related to the development, operation or maintenance of the airport (designated as Exhibit C).
(9) The airport sponsor shall provide a signed statement with the grant application that the airport sponsor will not award any contract to any contractor who is currently suspended or disbarred by any federal agency, the Oklahoma Department of Central Services or the Oklahoma Department of Transportation for the project contemplated under the grant application (designated as Exhibit C-1).
(10) The airport sponsor shall provide an affidavit with the grant application that states the person signing is the administrative official for the sponsor, that the sponsor has not provided any compensation, donation or gift to an officer or employee of the state in procuring the grant, that any employee of the state compensated by the airport sponsor involved in the development of the grant will not provide any services in the project, and that this project will not result in any duplication of previous grant requests or awards (designated as Exhibit C-2).
(g) Hangar Loan Application; Project Information. The airport sponsor will provide the following information:
(1) The airport sponsor shall submit an Airport Layout Drawing or project sketch (designated as Exhibit A) indicating the location of the proposed construction work with all loan applications.
(2) The airport sponsor shall submit final project plans and specifications with the loan application (designated as Exhibit B).
(3) The airport sponsor shall submit a project narrative with the loan application describing the items of airport development for which the airport sponsor is requesting assistance (designated as Exhibit B-1).
(4) The airport sponsor shall submit a line-item project cost list with the loan application that provides a detailed cost breakdown of the project (designated as Exhibit B-2). This list will be based on the bid awarded by the airport sponsor. The amounts on this list are considered not to be exceeded amounts without prior approval. Any expenditure over these line-item amounts will not be considered for reimbursement unless approval has been received as described in 25:15-1-4(h).
(5) The airport sponsor shall submit the engineering contract for the project scope and the project engineering fees with the loan application (designated as Exhibit B-3).
(6) The Sponsor will submit a certification stating compliance with FAA standards unless an approved Modification to Standards for state standards has been received from the appropriate funding agency.
(7) The airport sponsor shall submit the contract for on-site construction observations (designated Exhibit B-4).
(8) The airport sponsor shall provide a signed statement in the loan application that the airport sponsor is not currently in default to any state agency for any obligation related to the development, operation or maintenance of the airport (designated as Exhibit C).
(9) The airport sponsor shall provide a signed statement with the loan application that the airport sponsor will not award any contract to any contractor who is currently suspended or disbarred by any federal agency, the Oklahoma Department of Central Services or the Oklahoma Department of Transportation for the project contemplated under the loan application (designated as Exhibit C-1).
(10) The airport sponsor shall provide an affidavit with the loan application that states the person signing is the administrative official for the sponsor, that the sponsor has not provided any compensation, donation or gift to an officer or employee of the state in procuring the loan, that any employee of the state compensated by the airport sponsor involved in the development of the loan will not provide any services in the project, and that this project will not result in any duplication of previous grant or loan requests or awards (designated as Exhibit C-2).
(11) The airport sponsor shall provide a signed Loan Agreement with the loan application that confirms the airport sponsor agrees to the terms established in the Loan Agreement.
(A) The interest rate will be determined by the Department at the time a loan is issued but will be more competitive than what is available in the traditional loan market and allow for the Department to recover costs associated with administering the loan.
(B) The payback period for a hangar loan will be a year term with annual payments.
(C) The first payment will be due no later than the last day of the month beginning two months after completion and final acceptance of the project and continuing each subsequent year by the last day of that same month for the entire loan term.
(h) Change Orders. As described in 25:15-1-4(f) and 25:15-1-4(g) the B-2 form lists line-item project costs that cannot be exceeded. During the course of the construction of a project, change orders and/or supplemental agreements may be necessary to increase or decrease bid or line-item amounts and quantities due to unknown or unforeseen circumstances. A change order and/or supplemental agreement shall be sent to the Department along with a request to amend the approved grant's B-2 line-item or bid item.
(1) For change orders and/or supplemental agreements that will not increase the Department's overall share for the project the Director may approve such an amendment to the grant application. Change orders and/or supplemental agreements approved by the Director shall be presented to the Commission at its next regular or special business meeting stating the reasons for the change order and/or supplemental agreement with such information as the Commission may require.
(2) For change orders and/or supplemental agreements involving a total increase to the Department's overall share for the project not to exceed Ten Fifty Thousand Dollars ($10,000) ($50,000) the Director may approve such an amendment to the grant application. Such change orders and/or supplemental agreements approved by the Director shall be presented to the Commission at its next regular or special business meeting stating the reasons for the change order and/or supplemental agreement with such information as the Commission may require.
(3) Change orders and/or supplemental agreements involving a total increase to the Department's overall share for the project in excess of Ten Fifty Thousand Dollars ($10,000) ($50,000) must be presented to and approved by the Commission before such an amendment can be made to the grant application.
(i) Grant or Loan Application; Height Hazard Zoning and Land Use. Each airport sponsor shall indicate within the application that it has taken action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and take-off of aircraft, and assuring the protection or control of the aerial approaches to the airport (designated as Exhibit D). The adoption and enacting of these zoning regulations is outlined in Title 3, Section 103 through 116, of the Oklahoma State Statutes.
(j) Grant or Loan Application; Assurances. The airport sponsor, upon signing the grant or loan application, agrees to the following assurances:
(1) Upon the approval of the grant or loan by the Commission, the project will be completed within a maximum of two years unless otherwise explicitly authorized by the Commission.
(2) The airport sponsor agrees to the following conditions regarding the users of the airport:
(A) Neither the airport sponsor nor the occupant of any of the airport facilities shall discriminate against any person or a class of persons in the use of any facility provided to the public on airport property.
(B) The airport sponsor shall operate the airport in such a manner that the airport is open to all types and classes of users and establish such non-discriminatory conditions required for the safe and efficient operation of the airport.
(C) Any agreement, contract, lease or other arrangement that the airport sponsor enters into shall include provisions that such services meet the demands of all users of the airport, that services shall be provided on a non-discriminatory basis, that charges for goods and services shall be fair and reasonable, that services allow any user of the airport to perform any and all services to their own aircraft, and that essential facilities will be operated in a manner that these facilities shall be available to all users of the airport. In addition, if the airport sponsor provides any or all of these services, the airport sponsor agrees to the same provisions.
(3) The airport sponsor certifies that it has the legal authority to carry out all provisions of the grant or loan application in conformity with State and Federal Statutes, Acts, and Regulations.
(4) The airport sponsor shall reserve sufficient powers and authority when entering into any transaction or arrangement to perform any of the covenants expressed in the grant or loan application.
(5) The airport sponsor shall provide the following minimum essential facilities: a landing area and an aircraft parking area.
(6) The airport sponsor shall agree to properly maintain the airport under the following conditions:
(A) The airport sponsor will operate and maintain the airport and all facilities to meet the needs of all users of the airport.
(B) The airport sponsor shall not permit the airport to be used for an activity that would impede or obstruct aeronautical activity.
(C) The airport sponsor shall appropriate the funds required to properly maintain the airport to prevent deterioration of the facilities. Failure to have a documented pavement maintenance program shall be cause for the Department to disqualify the airport sponsor for additional funds. In addition, failure to have a documented pavement maintenance program shall be considered a breach of these assurances.
(7) The airport sponsor shall maintain an updated Airport Layout Plan that has been prepared in accordance with the FAA's regulations and shall not make any alterations to the airport other than those outlined in the approved Airport Layout Plan, or approved by the FAA or theDepartment in writing.
(8) The Department shall prepare a financial report of income and expenditures of all project funds. All project records shall be maintained by the airport sponsor for not less than three (3) years from the final acceptance of the project by the Department, and the airport sponsor shall provide access to these records upon request of the Department or the FAA. This provision shall in no way affect any requirement imposed upon the airport sponsor by the Oklahoma Open Records Act or any other state or federal law. These records shall include such documentary evidence as invoices, cost estimates, payrolls, vouchers, cancelled checks or warrants, and receipts for cash payments that support each item of project costs. The final 10% of state grant or loan funds will not be released until a satisfactory financial report has been completed and accepted by the Department staff.
(9) The Department shall not pay or be obligated to pay for any work on the project that has been incurred prior to the grant or loan application being submitted to and awarded by the Department except for planning and/or engineering costs incurred pursuant to submitting a completed grant or loan application. In addition, any funds approved by the Commission shall only be used for project costs identified in the grant or loan application unless approval has been obtained as described in 25:15-1-4(g).
(10) The airport sponsor understands that fuel systems funded by the Department must be operated by the public airport sponsor and not a third party entity or contractor.
(11) The airport sponsor certifies that it will take the necessary and appropriate action, to the furthest extent possible, including the potential acquisition of property, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including the landing and takeoff of aircraft. In addition, an airport sponsor shall take the necessary and appropriate action to assure that such terminal airspace as is required to protect instrument and visual operation to the airport will be adequately cleared and protected by removing, lowering, marking, lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of new airport hazards.
(k) Grant or Loan Agreement; Terms and Conditions. Upon approval by the Commission, the completed grant or loan application shall constitute an agreement between the Department and the airport sponsor. Both the Department and the airport sponsor are bound to all the requirements of the grant or loan agreement. In addition, all grants or loans of the Department shall be subject to the following terms and conditions:
(1) The time period of the grant or loan agreement between the airport sponsor and the Department shall be twenty (20) years from the date of the airport sponsor's acceptance and/or the life of the improvements contemplated under the grant or loan application, whichever is longer.
(2) The airport and all visual navigational aids shall be under the control of and maintained by the airport sponsor for the period covered by the grant or loan agreement.
(3) For the purposes of the grant or loan agreement, the airport sponsor must have title free and clear of any reversionary interest, lien, easement, lease, or other encumbrance for all property to be constructed on during the grant or loan agreement. If the property is leased, the airport sponsor asserts that the lease will be maintained no less than the time period of the grant or loan agreement, and in both circumstances, asserts that the property will not be used for any purpose other than the operation of the airport. In addition, airport property as defined in the airport layout plan cannot be transferred by the airport sponsor without the written approval of the Department.
(4) The airport and all visual navigational aids shall be made available to all classes of aeronautical users without discrimination by airport sponsor with adequate access at all times.
(5) The airport sponsor will not grant or permit, either directly or indirectly, any exclusive right to any person, firm or corporation for any aeronautical activities, and will terminate any existing exclusive rights now existing before accepting a grant from the Department.
(6) The airport sponsor shall complete the project in accordance with FAA's standard specifications unless prior written modification to standards has been approved by the FAA (for federally funded projects) or the Department (for state only projects). The airport sponsor shall provide the following reports to the Commission:
(A) A weekly progress report using the appropriate form;
(B) A copy of all acceptance tests shall be provided by the acceptance testing laboratory as soon as they are available; and
(C) An acceptance test summary report shall be provided to the Department upon completion of the project.
(7) The airport sponsor, upon request by the Department, shall provide annual statements of airport revenues and expenses.
(8) The airport sponsor shall comply with the Municipal Airports Act, Title 3, Section 65, and the provisions thereafter, of the Oklahoma State Statutes, specifically Section 65.12, that requires that revenues from airport operations be deposited in a separate fund and used exclusively for the airport.
(9) All airport development using grant or loan funds shall be consistent with the Airport Layout Plan approved by the FAA. A copy of the approved Airport Layout Plan, with any modifications, will be filed with the Department.
(10) The airport sponsor shall comply with all applicable provisions of Title 61 of the Oklahoma State Statutes which governs competitive bidding for public construction contracts.
(11) The airport sponsor shall provide a tabulation of all bids signed by the Engineer-of-record for the project with the grant or loan application.
(12) The airport sponsor shall operate lighting for the airport when such lighting is included in the project.
(13) The Department and/or the state are not parties to any contract entered into by the airport sponsor to accomplish the project.
(14) The airport sponsor shall understand and agree that should the airport sponsor fail to abide by all of the terms and conditions of the grant or loan agreement, then the funds provided by the Department shall be withdrawn. In addition, the airport sponsor shall notify the Department of any delays or problems with the project and request an extension or deviation from the Department.
(15) The airport sponsor shall understand and agree that should the airport sponsor fail to submit timely loan payments during the course of the 10 year loan payback period, the airport sponsor will be prohibited from receiving any additional grants or loans until such payments are made and may have existing federal and state projects programmed in the 5-year Airport Construction Program delayed or removed.
(l) Grant or Loan Agreement; Payments.
(1) The airport sponsor shall request reimbursement for project costs from the Department on a monthly basis upon initiation of the project. The Department shall reimburse the sponsor only for bid items at the bid unit price. The Department will only process the request for reimbursement when accompanied by the following documentation:
(A) For federal participation grants, a copy of a FAA Invoice Summary Worksheet and a Cost Distribution Worksheet based upon the line items in the executed grant or loan.
(B) For non-federal participation grants, an Invoice Summary Worksheet based upon line items in the executed grant or loan.
(C) Copies of all vendor invoices.
(D) A construction quantities report from the primary contractor signed by the Engineer-of-record.
(E) All test invoices.
(2) The Department shall process the monthly requests for reimbursement until 90% of the grant or loan awarded by the Department is expended or 90% of the Department's total project cost is expended in the event the project comes in under budget. The final 10% will be released upon the completion of the following items:
(A) The summary of acceptance testing report and if required by the specifications, the calculated lot-wise percentage within limits (PWL) of the project. The report shall document the results of all acceptance tests performed, the construction lot, location of the material tested and the quantity represented.
(B) A report submitted by the Resident Inspector or Engineer-of-Record detailing those acceptance tests that were out-of-tolerance and include the pay reductions applied and reasons for accepting any out-of-tolerance material.
(C) All final acceptance and close-out forms for the project have been submitted to the Department.
(D) For federal participation grants, a copy of the final signed FAA form SF 271 Outlay Report.
(E) A satisfactory financial report has been completed by the Department.
(m) Endorsement by the Commission:
(1) Upon receipt of the fully executed and complete grant or loan application, the Department staff shall verify compliance with the terms of the notification letter.
(2) If the grant or loan application is found to be in compliance with the terms of the notification letter, the Department staff shall forward the grant or loan application to the Commission for action.
(3) If the Commission approves the grant or loan application, the Department staff shall communicate that approval to the airport sponsor with authorization to proceed.
(4) If the Department staff finds that the grant or loan application is not in compliance with the terms of the notification letter, the Department staff shall notify the airport sponsor of the non-compliance and suggest possible remedies.
(5) Upon receipt of the Department staff's finding of non-compliance, the airport sponsor may:
(A) Modify the grant or loan application to bring it into compliance with the terms of the notification letter; or
(B) State the reason that the airport sponsor believes it is in compliance and request that the grant or loan application be forwarded to the Commission for action; or
(C) Agree that it is not in compliance and request that the grant or loan application be forwarded to the Commission as is.
(D) Request the grant or loan application not be forwarded to the Commission.
(6) The Department staff shall notify the airport sponsor of the Commission's action.
(n) Minimum Useful Life. The minimum acceptable useful life for a facility or equipment being rehabilitated, reconstructed or replaced must be met in order for a project to be considered eligible for funding under the Department’s grant program. Simply meeting this minimum useful life does not automatically mean that the rehabilitation, reconstruction or replacement of the item is needed if the item is performing as intended.
(1) All construction projects (unless listed separately below) – 20 years
(2) All equipment (unless listed separately below) – 10 years
(3) Pavement rehabilitation (not reconstruction, which is 20 years) – 10 years
(4) Asphalt seal coat, slurry seal, and joint sealing – 3 years
(5) Concrete joint replacement – 7 years
(6) Airfield lighting and signage – 10 years
(7) Fuel trucks – 15 years
(8) NAVAIDs and weather reporting equipment – 15 years
(9) Buildings (reconstruct, new construction) – 40 years
(10) Buildings (rehabilitate) – 20 years
(11) Land – unlimited
(12) Fencing – 20 years
25:15-1-6. Act as Agentagent [NEW]
In lieu of providing financial assistance via a grant the Department can act as an agent for an airport sponsor to assist them directly with the contracting of planning, engineering, general consulting, and construction activities. Providing direct assistance via acting as agent for an airport sponsor and contracting for the requested activities does not relieve a sponsor from any of the previous requirements of this chapter. Any contracts entered into by the Department on behalf of an airport sponsor will insert any grant requirements previously listed in this Chapter.
[OAR Docket #26-461; filed 6-2-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-407]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 9. Individual Procedures
35:1-9-17. Subpoenas [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; and 2 O.S. § 2-4(A)(2).
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 25, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendment removes the reference to the Oklahoma Pleading Code.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 9. INDIVIDUAL PROCEDURES
35:1-9-17. Subpoenas [AMENDED]
(a) Subpoenas for the attendance of witnesses, or for the furnishing of information required by the Administrative Law Judge, or for the production of evidence or records of any kind, shall be issued in accordance with the Administrative Procedures Act and the Okahoma Pleading Code.
(b) Subpoenas shall be issued by the Executive Secretary of the Board or designee and the signature shall be sufficient authentication for any subpoena.
(c) Subpoenas shall be served in any manner prescribed by these rules for the service of notices.
(d) The Department may seek an appropriate judicial order to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing, or who refuse to answer a proper question during a hearing. The hearing may proceed despite the refusal but the Administrative Law Judge may continue the proceedings as necessary to secure a court ruling.
[OAR Docket #26-407; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-408]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 10. Requirements for Department Programs
35:1-10-6. Date of federal regulations incorporated [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; and 2 O.S. § 2-4(A)(2).
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 8, 2025
COMMENT PERIOD:
November 3, 2025 through December 3, 2025
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendment updates the incorporation by reference of the Code of Federal Regulation.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 10. REQUIREMENTS FOR DEPARTMENT PROGRAMS
35:1-10-6. Date of federal regulations incorporated [AMENDED]
When reference is made to Titles 7, 9, 21, or 40 CFR it means, unless otherwise specified, the Code of Federal Regulations (20222026 Revision).
[OAR Docket #26-408; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 2. FEES
[OAR Docket #26-410]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Fee Schedules
35:2-3-2.4. Schedule of microbiological testing fees [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2) and (20); and 2 O.S. § 14-81 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 24, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendment creates fees for new microbiological testing by the lab to cover the Department's costs associated with testing.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. FEE SCHEDULES
35:2-3-2.4. Schedule of microbiological testing fees [AMENDED]
(a) Aerobic plate count - $22.00.
(b) Coliform, total (PA, MPN, or MF) - $22.00.
(c) E. coli (PA, MPN, or MF) - $22.00.
(d) E. coli O157:H7 or STEC - $66.00.
(e) Coliform, fecal (MF or MPN) - $22.00.
(f) Listeria spp. or listeria monocytogenes - $66.00.
(g) Salmonella - $66.00.
(h) Staphylococcus aureus on petri film - $25.00.
(i) Thermometer check for OK Dairy Program - $25.00.
(j) Pipette check for OK Dairy Program - $25.00.
(k) Yeast and mold count - $25.00.
(l) Antibiotics in dairy products - $25.00.
(m) Somatic cell count in dairy products - $22.00.
(n) Fat, protein, added water, and lactose in dairy products - $22.00.
(o) Aflatoxin in dairy products - $33.00.
(p) Alkaline phosphatase in dairy products - $33.00.
(q) Water activity in jerky - $70.00.
(r) Campylobacter - $66.00.
(s) Food Pathogen Confirmation - $50.00.
[OAR Docket #26-410; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 10. AGRICULTURAL PRODUCTS
[OAR Docket #26-411]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
35:10-1-3. Handbook and publication editions [AMENDED]
Subchapter 5. Service Technicians and Service Agencies
35:10-5-4. Device Categories [AMENDED]
Subchapter 9. Packaging and Labeling of Products
35:10-9-1. Packaging and labeling of products [AMENDED]
Subchapter 11. Checking the Net Contents of Packaged Goods
35:10-11-1. Sampling procedures [AMENDED]
Subchapter 13. Method of Sale of Commodities
35:10-13-1. Method of Sale of food and non-food commodities [AMENDED]
Subchapter 15. National Type Evaluation Program
35:10-15-1. Definitions [AMENDED]
35:10-15-2. Application [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); and 2 O.S. § 14-31 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 24, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendments update handbook and publication references; replaced conference with council to match the national standards; and corrected a misspelled word.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
35:10-1-3. Handbook and publication editions [AMENDED]
References to a Handbook or publication in these rules shall mean the following edition of the National Institute of Standards and Technology (NIST), unless a different reference is made in the text of the rule:
(1) Handbook 44 "Specifications, Tolerances and Other Technical Requirements for Commercial Weighing & Measuring Devices" ( 20252026 Edition).
(2) Handbook 130 "Uniform Laws and Regulations" (20252026 Edition), excluding Section G "Uniform Engine Fuels and Automotive Lubricants Regulation."
(3) Handbook 133 "Checking the Net Contents of Packaged Goods" (20252026 Edition).
(4) Handbook 105-1 "Specifications and Tolerances for Field Standard Weights" (2019 Edition).
(5) Handbook 105-2 "Specifications and Tolerances for Field Standard Measuring Flasks" (2021 Edition).
(6) Handbook 105-3 "Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards" (2010 Edition).
(7) Publication 14 ( 20242026 Edition).
(8) Publication 12 (1991 Edition).
(9) Federal Grain Inspection Service Moisture Handbook (2006 Edition).SUBCHAPTER 5. SERVICE TECHNICIANS AND SERVICE AGENCIES
35:10-5-4. Device Categories [AMENDED]
(a) Device Category 1 shall include scales which fall into class I and/or II, whether designated by the manufacturer or not, pursuant to "Handbook 44" Section S.5.2. The minimum equipment necessary to service Category 1 scales shall be certified standards in amounts suitable to test devices in the category as specified in the most recently published edition of "Handbook 44" and the National ConferenceCouncil on Weights and Measures "(NCWM) Publication 12" Examination Procedures Outline (EPO's) For Weighing and Measuring Devices.
(b) Device Category 2 shall include scales which fall into class III, III L and/or IIII, whether designated by the manufacturer or not, pursuant to "Handbook 44". The minimum equipment necessary to service Category 2 scales shall be certified standards in amounts suitable to test device in said category as specified in the most recently published edition of Handbook 44 and NCWM Pub. 12 EPO's.
(c) Device Category 3 shall include moisture meters. The minimum equipment necessary to service moisture meters shall be certified standards in amounts suitable to test devices in the category as specified in the most recently published edition of the "Handbook 44". If offical official grain samples are used to check meters, the grain sample moisture content must be determined by the oven test method referenced in the "Federal Grain Inspection Service (FGIS) Moisture Handbook," supplements, and revisions.)
SUBCHAPTER 9. PACKAGING AND LABELING OF PRODUCTS
35:10-9-1. Packaging and labeling of products [AMENDED]
The Board adopts the "Uniform Packaging and Labeling Regulation" as approved by the National ConferenceCouncil on Weights and Measures and published in Handbook 130, "Uniform Laws and Regulations", supplements, and revisions.
SUBCHAPTER 11. CHECKING THE NET CONTENTS OF PACKAGED GOODS
35:10-11-1. Sampling procedures [AMENDED]
The Board adopts and will employ the sampling procedures as approved by the National ConferenceCouncil on Weights and Measures and published in Handbook 133 "Checking the Net Contents of Packaged Goods," supplements, and revisions.
SUBCHAPTER 13. METHOD OF SALE OF COMMODITIES
35:10-13-1. Method of Sale of food and non-food commodities [AMENDED]
The Board adopts the "Uniform Regulations for the Method of Sale of Commodities" as approved by the National ConferenceCouncil on Weights and Measures and published in Handbook 130, "Uniform Laws and Regulations", supplements, and revisions.
SUBCHAPTER 15. NATIONAL TYPE EVALUATION PROGRAM
35:10-15-1. Definitions [AMENDED]
The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise.
"Certificate of Conformance" means a document issued by the National Institute of Standards and Technology and/or the National ConferenceCouncil on Weights and Measures based on testing in participating laboratories, this document constitutes evidence of conformance of a type with the requirements of Handbook 44 and the National Institute of Standards and Technology Handbook 105-1, 105-2, or 105-3.
"National Type Evaluation Program" means a program of cooperation between the National Institute of Standards and Technology, the National ConferenceCouncil on Weights and Measures, other Federal Agencies, the States, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions as approved by the National ConferenceCouncil on Weights and Measures published in Handbook 44, "Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices," and the National ConferenceCouncil on Weights and Measures, Publication 14, "National Type Evaluation Program, Administrative Procedures, Technical Policy, Checklist and Test Procedures".
"Participating laboratory" means any State Measurement Laboratory that has been accredited by the National Institute of Standards and Technology or accrediting authority, in accordance with its program for the Certification of Capability of State Measurement Laboratories, any State Weights and Measures Agency, or other laboratory that has been authorized to conduct a type evaluation under the National Type Evaluation Program.
"Type" means a model or models of a particular measurement system, instrument, element, or field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the Certificate of Conformance.
"Type evaluation" means the testing, examination, and/or evaluation of a type by a Participating Laboratory under the National Type Evaluation Program.
35:10-15-2. Application [AMENDED]
This subchapter shall apply to all classes of devices and equipment (except for cotton bale weighing devices at cotton gins in Oklahoma) as specified by the National ConferenceCouncil on Weights and Measures and published in Handbook 44 and the National Institute of Standards and Technology Handbook 105-1, 105-2, and 105-3.
[OAR Docket #26-411; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15. ANIMAL INDUSTRY
[OAR Docket #26-412]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 13. Testing and Inspection for Disease and Release of Livestock at Auction Markets
35:15-13-3. General requirements for a livestock auction market [AMENDED]
Subchapter 15. Equine Infectious Anemia (EIA)
Part 7. REQUIREMENTS FOR APPROVED MARKETS
35:15-15-71. Movement of Equidae through approved markets [AMENDED]
Subchapter 19. Poultry Regulations
35:15-19-1. Definitions [AMENDED]
35:15-19-4. Import and exhibition poultryPoultry imports, exhibitions, and sales [AMENDED]
35:15-19-5. Live bird imports from Avian Influenza quarantinedor Virulent Newcastle Disease affected states [AMENDED]
Subchapter 36. Scrapie
35:15-36-3. Requirements for identification [AMENDED]
Subchapter 44. Farmed Cervidae
35:15-44-3. Application for license [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2) and (A)(7); 2 O.S. § 6-1 et seq., 2 O.S. § 6-91 et seq., 2 O.S. § 6-121 et seq., 2 O.S. § 6-131 et seq., 2 O.S. § 6-141 et seq., 2 O.S. § 6-281 et seq., 2 O.S. § 6-501 et seq., and 2 O.S. § 9-130 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 24, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendment adds additional animals to the livestock auction market requirements; adds a requirement that blood samples reach an approved lab within 5 business days; adds definitions to poultry regulations; adds requirements for the sale of poultry at auctions; updates language for live bird imports from virulent Newcastle disease affected states; adds requirements for identification for sheep and goats; adds requirement for captive cervid species to be housed on licensed property; and exempts certain deer from record keeping.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 13. TESTING AND INSPECTION FOR DISEASE AND RELEASE OF LIVESTOCK AT AUCTION MARKETS
35:15-13-3. General requirements for a livestock auction market [AMENDED]
(a) Any person owning, operating, conducting, or maintaining a livestock auction market shall be required to employ a livestock auction market veterinarian for auctions selling cattle, horses, swine, or other species as determined by the state veterinarian.
(b) The buyer's invoice shall include the buyer's name and address and a description of the livestock as to age, color, and sex.
(c) The seller's invoice shall include the seller's name and address and a description of the livestock as to age, color, and sex.
(d) The livestock auction market veterinarian or sale company shall not be responsible for results of any tests that are conducted properly or for any reactor animals or responder animals found in the market.
(e) Refusal or failure to comply with Department rules shall be just cause for the revocation or suspension of the livestock auction market license.
(f) No person owning, operating, conducting, or maintaining a livestock auction market shall allow any of the following animals to leave the livestock auction market unless it is individually identified by an official identification with an exception for weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person:
(1) All beef cattle eighteen (18) months of age or older, except terminal fed steers and heifers, going directly to a feedlot or slaughter which will not be reintroduced into the breeding herd;
(2) All dairy cattle;
(3) All "M" branded cattle including any commingled cattle, and;
(4) All roping, exhibition, event, and rodeo cattle.;
(5) All swine;
(6) All sheep and goats; and
(7) All cervid species.
(g) Weak cattle or cattle that pose a greater than normal risk of being injured or injuring a person may be sold with a back tag and slaughter only tag to be transported directly to slaughter.
(h) The owner or operator of the livestock auction market shall keep records of each animal consigned or delivered to the livestock auction market for a period of five (5) years for disease traceback purposes, including but not limited to, the following:
(1) "Drive-in" or any other documents identifying the backtag, owner's name and address, and license tag of mode of transportation;
(2) Any records kept pursuant to the Livestock Auction Market Act;
(3) Records of any official identification applied to the animal or already existing with the animal;
(4) Any records available regarding the purchaser of the animals; and
(5) Records of official identification that are sufficiently legible and accurate to facilitate successful tracebacks.
(i) Each livestock auction market shall sign and have on record with the Department the most current livestock market contract for each of the species sold at the market. Markets shall sell onlyspecies approved to be handled, sold, or exchanged pursuant to their livestock auction market license.
(j) The livestock auction market shall make the above records available to Department personnel when requested on non-sale days. In an emergency, records may be requested and shall be made available to Department personnel regardless of sale schedule.
(k) Routine Livestock Auction Markets shall not be scheduled on Sundays. Sunday sales shall require special permission of the State Veterinarian.
SUBCHAPTER 15. EQUINE INFECTIOUS ANEMIA (EIA)
PART 7. REQUIREMENTS FOR APPROVED MARKETS
35:15-15-71. Movement of Equidae through approved markets [AMENDED]
(a) All test eligible Equidae offered for sale or sold at any market shall meet one of the following requirements:
(1) Be accompanied by a record of an official negative test for EIA conducted by an approved laboratory within twelve (12) months of the date of the sale. If the market veterinarian is unable to verify the authenticity of the test record, the market veterinarian shall complete a new test chart and test the Equid for EIA.
(2) Have a blood sample collected by an accredited veterinarian or authorized agent of the Board at the market and obtain official negative test results for EIA from an approved laboratory before the animal leaves the market.
(3) Have a blood sample collected by an accredited veterinarian or authorized agent of the Board at the market and be quarantined to the market or to an Oklahoma premisepremises until negative results are received from an approved laboratory.
(A) The market veterinarian shall ensure that the sample reaches an approved EIA laboratory within five (5) business days of the sale.
(B) The market veterinarian shall report the test results to the purchaser within 10 business days of the sale.(c)(b) All Equidae consigned to an approved market shall be released by the market veterinarian to meet the requirements of this subchapter and the state of destination.
(d)(c) Known positive or exposed Equidae shall not be consigned for sale at approved markets.
(e)(d) Equidae found to be positive non-negative or exposed through testing conducted at an approved market shall be quarantined maintained at the premises of origin or at the sale facility in quarantine pens, isolated as far as possible from all other Equidae in the sale facility, and. the The quarantine pen or pens shall be clearly identified, by sign or paint, with the word "Quarantined."
SUBCHAPTER 19. POULTRY REGULATIONS
35:15-19-1. Definitions [AMENDED]
The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:
"Baby poultry" means newly hatched poultry that have not been fed or watered.
"Check testing" means the process of collecting blood samples from birds in a flock by state inspectors to verify compliance with rules and testing procedures used by permitted testers.
"Custom hatching" means a process in which a person incubates eggs, through mechanical means, for another person.
"Dealer" means a person other than a flock owner or hatchery who offers poultry products for sale or trade.
"Domesticated" means propagated and maintained under the control of a person.
"Exhibition poultry" means domestic fowl bred for purposes of meat or egg production and competitive or noncompetitive showing.
"Flock" means:
(A) As applied to breeding, all poultry of one kind of mating (breed and variety or combination of stocks) and one classification on one farm.
(B) As applied to disease control, all the poultry on one farm except that, at the discretion of the Official State Agency, any group of poultry segregated from another group and has been segregated for a period of at least 21 days may be considered a separate flock.
"Fowl typhoid" or "typhoid" means a disease of poultry caused by Salmonella gallinarum.
"Hatchery" means hatchery equipment on one premise operated or controlled by any person used for the incubation of eggs with the intention of:
(A) Selling or dispensing of hatched chicks before they reach sixteen (16) weeks of age, or
(B) Custom hatching.
"Infected flock" means a flock in which one or more birds have been diagnosed by an approved test or isolation of a reportable salmonella group.
"Laboratory" means a laboratory approved by the Board for performing approved serological testing procedures and bacteriological culture techniques.
"Negative test result" means an approved testing procedure in which the blood or serum antigen mixture fails to agglutinate.
"Official leg band" or "wing band" means an individual identification device for poultry approved by the State Veterinarian.
"Official State Agency" means the Department.
"Official test" means the official blood tests for pullorum-typhoid shall be the standard tube agglutination test, the microagglutination test, the rapid serum test, or the stained antigen, rapid whole-blood test for all classes of poultry.
"Permitted tester" means a person qualified and authorized by the State Veterinarian or the poultry disease control authority of the state of origin to collect and test blood samples for the pullorum-typhoid eradication program.
"Positive test result" means an approved testing procedure in which there is complete or nearly complete agglutination.
"Poultry" means domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds, except doves and pigeons, which are bred for the primary purpose of producing eggs or meat.
“Poultry auction” means a regularly scheduled event in which poultry are sold to the highest bidder.
"Poultry house" or "house" means any building used to house poultry.
“Poultry special sale” means an event that is held intermittently, in which poultry are sold to the highest bidder.
“Poultry swap meet” means an event in which individuals come together to buy, sell, and trade poultry.
"Products" means poultry breeding stock, hatching eggs, baby poultry, and started poultry.
"Pullorum disease" or "pullorum" means a disease of poultry caused by Salmonella pullorum.
"Quarantine" means, but is not limited to, any order, hold, affected area, quarantine, infected premise or area, movement restrictions of any kind, or notice issued by any state or federal entity specifying boundaries or conditions of the quarantine.
"Started poultry" means young poultry that have been fed and watered and are less than sixteen (16) weeks of age.
"State" means any state, the District of Columbia, the Virgin Islands, or Puerto Rico.
"State Inspector" means any person employed by the Official State Agency to supervise the selecting and testing of participating flocks and to perform the official inspections and tests necessary to verify compliance with the requirements of the National Poultry Improvement Plan.35:15-19-4. Import and exhibition poultryPoultry imports, exhibitions, and sales [AMENDED]
(a) Domesticated fowl including chickens, turkeys, game chickens, game birds, or waterfowlPoultry over four (4) months of age and intended for breeding, meat, or egg production, or hunting purposes shall not be imported into the state unless they:
(1) Have originated from a National Plan source which is U.S. pullorum-typhoid clean or equivalent with a NPIP 9-3, or
(2) Have passed a negative agglutination test for reportable salmonella groups within ninety (90) days prior to import and have received a Certificate of Veterinary Inspection within thirty (30) days., and be individually identified by a leg or wing band.
(b) All poultryPoultry under four (4) months of age, including baby chicks, started chicks, turkey poults, started poults, other newly hatched domestic poultry, game chickens, game birds, waterfowl, and hatching eggs shall not be imported into the state unless theyshipped, brought into, or offered for sale in Oklahoma, except those intended for immediate slaughter, shall:
(1) Have originated from a NPIP Pullorum-Typhoid clean breeder flock and shall be accompanied by a NPIP VS Form 9-3 or an APHIS VS form 17-6;
(2) Have an approved commuter flock agreement on file with the state of origin and ODAFF; or
(3) Have obtained an entry permit prior to shipment.
(c) Exhibition poultry are subject to the following:
(1) Any poultry or other domestic fowl being exhibited in Oklahoma shall be free of visible evidence of disease, and
(2) Have passed a negative test for reportable salmonella groups within ninety (90) days prior to exhibition, with the results recorded on an official form from the state of origin certifying that the testing was done by a permitted tester of that state, or
(3) Have originated from negative or clean flocks authoritatively participating in the disease control and eradication phases of the National Poultry Improvement Plan or NPIP approved state plan, and
(4) Be from flocks not known to be infected with reportable salmonella groups.
(5) Poultry qualifying under 2 or 3 may be imported without an official health certificate if accompanied by an approved state or NPIP form.
(6) All exhibition poultry shall be identified by an official leg or wing band unless they originate from a negative or clean flock authoritatively participating in the National Poultry Improvement Plan or NPIP approved state plan.
(7) Application of official leg or wing bands shall not be required for birds tested on the exhibition premise for a specific event. Birds tested and not identified with an official leg or wing band shall be tested prior to entering any future exhibitions.
(d) All persons holding poultry exhibitions in Oklahoma shall obtain a permit from the State Veterinarian prior to the exhibition. Those persons holding multiple exhibitions at the same location may apply for a permit by listing the dates and times of all exhibitions scheduled during a fiscal year beginning July 1 and ending June 30. The permittee shall be responsible for maintaining a list of the names and addresses of all exhibitors for each exhibition. The permittee shall keep these records and make them available to any authorized agent for inspection or photocopying for at least one (1) year after the date of the exhibition.
(e) Managers of regular poultry auctions, special sales, and swap meets shall verify that:
(1) The poultry are free of visible evidence of disease.
(2) If imported from out of state, have met the requirements of 35:15-19-4 (a) and (b).
(3) Managers of poultry auctions, sales and swap meets shall have the most current version of the poultry auction or poultry special sale/swap meet agreement signed and in their possession.35:15-19-5. Live bird imports from Avian Influenza quarantinedor Virulent Newcastle Disease affected states [AMENDED]
(a) No person shall import poultry, other avian species, products of poultry, or products of other avian species originating from or transported through an area under quarantine by any state or federal animal health official for Avian Influenza or Virulent Exotic Newcastle Disease. The State Veterinarian or designee may grant a written exception to this rule and shall base the decision to grant an exception on current science and published guidelines.
(b) Poultry or other avian species determined to be infected with or exposed to Avian Influenza or Virulent Exotic Newcastle Disease shall be destroyed.
SUBCHAPTER 36. SCRAPIE
35:15-36-3. Requirements for identification [AMENDED]
(a) All sheep and goats imported into Oklahoma shall be identified by a USDA approved official identification device.
(b) All sheep and goats shall be officially identified prior to movement for sale or exhibition.
(1)(2) If moving to a livestock market, unidentified sheep/goats shall have identification may be applied by the market before sale.
(2)(3) The state veterinarian may grant a written exception for the official identification of wethers on an individual basis.
(1) Owner-shipper statements with official sheep/goat identification tag numbers listed are required.
SUBCHAPTER 44. FARMED CERVIDAE
35:15-44-3. Application for license [AMENDED]
(a) An application for a farmed cervidae facility shall contain the following complete, accurate, and legible information, in addition to the information required by the Farmed Cervidae Act:
(1) Email addresses, if available, of the applicant.
(2) Name, address, telephone number, and email addresses, if available, of the operator, if different from the applicant.
(3) A list of all names the farmed cervidae facility operates pursuant to, and the address and facility telephone number of each, including but not limited to the Doing Business As (D/B/A), corporate name, or other name. If a corporation, submit the certificate of good standing from the Secretary of State.
(b) The Department shall not issue a license if the applicant had any equivalent license denied, revoked, or suspended by any authority, except in accordance with the provisions of 2 O.S. § 6-514.
(c) The Department may refuse to issue a license for a premises where a previous herd of animals has been infected with a reportable or other disease regulated by the Department.
(d) Using information from the application and from the State's files, the Department shall determine if the proposed facility is adequate and complies with all legal requirements and would not result in harm to native wildlife.
(e) If an applicant is denied a farmed cervidae license, the Department shall notify the applicant in writing by certified mail, return receipt requested, of the denial. The denial shall include the following:
(1) Reasons for the denial;
(2) Steps necessary to meet the requirements for a license, if applicable; and
(3) The opportunity to request an administrative hearing on the denial.
(f) All captive cervid species shall be housed on a licensed farmed cervidae facility, a commercial hunting area licensed by Oklahoma Department of Wildlife Conservation, or a cervidae facility owned or operated for the purpose of exhibition of farmed or captive bred cervidae regulated by the United State Department of Agriculture's Animal Care Division.[OAR Docket #26-412; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15. ANIMAL INDUSTRY
[OAR Docket #26-413]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
35:15-1-2. Definitions [AMENDED]
35:15-1-9. Sow Housing Standardshousing standards [NEW]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2) and (A)(7); 59 O.S. § 698.1 et seq., and 2 O.S. § 6-1 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 23, 2025
COMMENT PERIOD:
November 17, 2025 through December 17, 2025
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendment adds additional definitions for licensed veterinarians and veterinarian approved sow housing; and creates a new rule for sow housing standards.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
35:15-1-2. Definitions [AMENDED]
The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:
"Accredited veterinarian" means a veterinarian approved by the United States Department of Agriculture (USDA) to perform functions required for state or cooperative state and federal animal disease control and eradication programs.
"Animal disease traceability" means the ability to trace an animal to its site of application of official identification and/or premises of origin as set out in 9 CFR Parts 71, 77, 78, 86, et al. Traceability for Livestock Moving Interstate; Final Rule.
"Approved tagging site" means a premises, authorized by APHIS, State, or Tribal animal health officials, where livestock may be officially identified on behalf of their owner or the person in possession, care, or control of the animals when they are brought to the premises.
"Backtag" means a USDA approved identification system consisting of a tag of special tough paper, bearing identification codes relating to origin of animals, which are stuck to animals a few inches from the midline and just behind the shoulder with very strong glue. The backtag is designed as temporary identification for easy reading in livestock auction markets to help trace the origin of livestock in Department investigations.
"Certificate of veterinary inspection" means an official document or its electronic equivalent approved by the chief livestock official of the state of origin issued by an accredited veterinarian at the point of origin of a shipment of animals that includes the name and address of the consignor; the name and address of the consignee; the entry permit number, if applicable; the age, sex, number, and breed of the animal; sufficient identifying marks or tags to positively identify each animal; purpose of shipment; and the results of all required tests. It shall also include a record of a physical examination of the animal verifying that each animal is free from visible evidence of any contagious, infectious, or communicable diseases and that the animals do not originate from an area of quarantine, infestation, or infection. A certificate of veterinary inspection is valid for thirty (30) days after the date of issuance. The term certificate of veterinary inspection shall also include an official health certificate, an official certificate, or a certificate.
"Commuter herd" means all livestock under common ownership or supervision, that are located on one (1) or more premises in two (2) or more states and there is an interchange or interstate movement of animals between premises in those states as part of the normal farming, breeding or ranching operation without a change of ownership. A commuter herd agreement shall be completed and approval of commuter herd status shall be obtained from each chief animal health official of all states in which the herd resides.
"Consignment sale" means a sale of livestock in which multiple sellers' livestock are auctioned or sold to multiple buyers. A consignment sale shall not include a licensed livestock auction market but shall include a production sale with guest consignors.
"Designated epidemiologist" means an epidemiologist selected by the State Veterinarian who has been designated to perform those functions necessary for the classification of livestock suspected to be infected with a particular disease, based on an evaluation of test results and consideration of the animal and herd history, as well as other epidemiological factors.
"Licensed veterinarian” means any veterinarian who holds an active license to practice veterinary medicine in this state.
"Livestock special sale" means a consignment, swap meet, or farm sale, other than a regular livestock auction or production sale, where livestock are sold.
"Livestock special sale permit" means a permit from the Animal Industry Services Division to hold a consignment, swap meet, or farm sale.
"Official identification" means any official method of identification approved by USDA, as described by 9 C.F.R. § 86.1, or the State Veterinarian. Official identification for specific species may be further defined within the applicable section of the Oklahoma Administrative Code. Backtags shall not be considered official identification unless the animal is shipped directly to slaughter. The term "official ear tag" is synonymous with "official identification."
"Oklahoma Veterinary Practice Act” means Title 59 of the Oklahoma Statutes, Section 698.1, et seq.
"Owner-Shipper statement" means a statement signed by the owner or shipper of the livestock being moved stating the location from which the animals are moved interstate; the destination of the animals; the number of animals covered by the statement; the species of animal covered; the name and address of the owner at the time of the movement; the name and address of the shipper; and the identification of each animal, as required by the regulations, unless the regulations or other documentation approved by the Department specifically provide that the identification does not have to be recorded.
"Production sale" means a sale in which livestock that belongs to a single owner or seller and is intended for breeding or exhibition use is offered for sale or sold to multiple buyers at the same time.
"Quarantine" means a written notice or order issued by an authorized agent of the Department showing the boundaries of the area or premise affected, the animals restricted, and conditions, if any. No livestock held under quarantine may be moved or released without a written permit or quarantine release signed by an authorized agent.
"Resident herd of origin" means a group of livestock that have been maintained as a herd or flock on the same premises for at least four (4) months.
"State animal health official" means the state animal health official, or designee, who is responsible for the livestock and poultry disease control and eradication programs in a state.
"Veterinarian approved sow housing” means sow housing systems or facilities that either:
(A) Have been approved as an appropriate sow housing system or facility by a Licensed veterinarian; or
(B) Satisfy all the following criteria, consistent with nationally recognized animal care and welfare guidelines established by organizations consisting of participants in the swine sector and veterinarians:
(i) Provide a suitable thermal environment to protect sows from environmental extremes;
(ii) Reduce exposure to hazards that result in injuries;
(iii) Provide access to appropriate food and water;
(iv) Promote good air quality and allow proper sanitation;
(v) Facilitate space for the sow to stand up and lie down for the evaluation and care by caretakers; and
(vi) Limit aggression and competition between sows.
35:15-1-9. Sow Housing Standardshousing standards [NEW]
All sows in the state shall be housed in Veterinarian approved sow housing.
[OAR Docket #26-413; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 20. FORESTRY
[OAR Docket #26-414]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Rural Fire Protection Program Fund Act
Part 3. FINANCIAL ASSISTANCE PROGRAM
35:20-3-8. Financial assistance certification of eligible fire departments [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2) and (20); and 2 O.S. § 16-1 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 24, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendment removes the requirement to submit a statement on fire runs for certification procedures.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. RURAL FIRE PROTECTION PROGRAM FUND ACT
PART 3. FINANCIAL ASSISTANCE PROGRAM
35:20-3-8. Financial assistance certification of eligible fire departments [AMENDED]
(a) Certification procedure. Each Rural Fire Coordinator shall certify each year the eligibility of fire departments in their assigned District to receive state grants and awards. Fire departments shall complete and submit appropriate forms provided by the Oklahoma Department of Agriculture, Food, and Forestry to the respective Rural Fire Coordinator no later than April 30 of each year. The fire department shall submit the following, at a minimum:
(1) Name, address, and contact information;
(2) The fire department's OFIRS reporting number and a statement that a report of fire runs was reported to the State Fire Marshall's Office for the previous year. Fire departments formed after the end of the previous calendar year shall be exempt;
(3)(2) Proof of a public listing of an emergency telephone number or statement indicating the fire department is a part of the 911 system.
(4)(3) Proof of workers' compensation insurance on its firefighters;
(5)(4) Proof of liability insurance on each fire department vehicle acquired from the Department;
(6)(5) A statement indicating the fire department has formally adopted NIMS and is actively participating in NIMS training and compliance activities; and
(7)(6) Compliance with all other applicable state and federal laws.(b) Ineligibility. New fire departments formed after April 30 shall not be eligible for funds in that year. Fire departments submitting the forms for certification after April 30 shall not be eligible for funding in that year.
(c) Certified list of Rural Fire Departments. From the fire department forms submitted, the Rural Fire Coordinators shall provide a written list of the certified incorporated cities, towns and rural fire departments, and the name and address of the fire chief or other official contact person to the Department as soon as practicable after notification.
(d) Review and approval of lists. The Department shall review the Rural Fire Coordinator's lists of certified fire departments and amounts, and submit them to the State Board of Agriculture for consideration and approval.
[OAR Docket #26-414; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 30. CONSUMER PROTECTION
[OAR Docket #26-417]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 17. Combined Pesticide
Part 1. COMMERCIAL, NON-COMMERCIAL, AND PRIVATE CATEGORIES OF PESTICIDE APPLICATION
35:30-17-1.2. Schedule of combined pesticide program fees [AMENDED]
35:30-17-1.3. Commercial pesticide applicator and non-commercial pesticide business license renewal [AMENDED]
35:30-17-2. Consultant license [AMENDED]
35:30-17-2.1. Sales apprenticeship [NEW]
Part 3. CERTIFICATION, CONDUCT OF EXAMINATIONS, AND RECERTIFICATION
35:30-17-6. Recertification [AMENDED]
Part 5. Prerequisites for Licensing
35:30-17-10. Application insurance requirements [AMENDED]
35:30-17-11. Application for license required [AMENDED]
Part 6. PESTICIDAL PRODUCT PRODUCING ESTABLISHMENTS
35:30-17-13. Incorporation by reference of federal pesticide producing establishment regulations [AMENDED]
Part 8. PESTICIDE REGISTRATIONS AND PERMITS
35:30-17-17.1. Registration and renewal options. [AMENDED]
Part 9. MINIMUM STANDARDS FOR CONTRACTS AND KEEPING OF RECORDS
35:30-17-20. Contract contents [AMENDED]
Part 10. MINIMUM STANDARDS FOR PESTICIDES
35:30-17-22. Restricted use pesticide [AMENDED]
Part 11. STANDARDS FOR APPLICATION OF PESTICIDE
35:30-17-24. Approved chemicals and equipment [AMENDED]
35:30-17-24.1. Restricted use areas [AMENDED]
35:30-17-25. Pesticide application by certified applicators, noncertified applicators, service technicians, and private applicators [AMENDED]
Part 21. STANDARDS FOR DISPOSAL OF PESTICIDE AND PESTICIDE CONTAINERS
35:30-17-89.1. Incorporation by reference of federal pesticide management and disposal regulations [AMENDED]
35:30-17-93. Handling pesticide containers by commercial applicators, non-commercial applicators, private applicators, and restricted use pesticide dealers [AMENDED]
Subchapter 30. Soil Amendment
35:30-30-2. Registration and fees [AMENDED]
Subchapter 37. Nursery Stock Sales
35:30-37-10. Prohibited sales of aquatic plants [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; 2 O.S. § 2-4(A)(2); State Board of Agriculture; 2 O.S. § 3-81 et seq.; 2 O.S. § 8-85.1 et seq.; and 2 O.S. § 3-32.1 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 25, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendments updates language to add businesses for licenses and certifications; adds renewal dates for non-commercial licenses; adds a sales apprenticeship certification; adds a restriction for repeat CEUs per certification cycle; adds requirement for all applicators to be listed on a company’s license prior to applications; updates references to federal code; removes the reference for the Kelly system; adds requirements for contracts to include a cancelation policy; adds a requirement that limits sales of restricted use pesticide being sold to licensed dealers or licensed individuals; adds requirements for unmanned aerial applications and applicators; adds additional types of applicators to the requirements for handling pesticide containers; and adds plants to the prohibited aquatic plants list.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 17. COMBINED PESTICIDE
PART 1. COMMERCIAL, NON-COMMERCIAL, AND PRIVATE CATEGORIES OF PESTICIDE APPLICATION
35:30-17-1.2. Schedule of combined pesticide program fees [AMENDED]
(a) The fees for issuance or renewal of pesticide businessapplicators licenses shall be as follows:
(1) Commercial licenseapplicator - One Hundred Dollars ($100.00) per category, Five Hundred Dollars ($500.00) maximum for each location.
(2) Non-commercial licenseapplicator - Fifty Dollars ($50.00) per category, Two Hundred Fifty Dollars ($250.00) maximum for each location.
(3) Duplicate issue - Ten Dollars ($10.00) each.
(4) Private applicator - Twenty Dollars ($20.00) each.
(5) For licenses that expire on September 30th of each year, failure to remit a commercial or non-commercial businessapplicator license renewal fee by the 1st day of October shall result in a penalty of twice the amount of the license renewal fee, and after the 1st day of November shall also result in an additional One Hundred Dollar ($100) penalty which shall be paid prior to license renewal.
(6) For licenses that expire on December 31st of each year, failure to remit a commercial or non-commercial applicator license renewal fee by the 1st day of January shall result in a penalty of twice the amount of the license renewal fee, and after the 1st day of February shall also result in an additional One Hundred Dollar ($100) penalty which shall be paid prior to license renewal.
(b) The issuance and annual registration fees for each pesticide and device label shall be as follows:
(1) Pesticide - Two Hundred Ten Dollars ($210.00) each.
(2) Device - Two Hundred Ten Dollars ($210.00) each.
(3) Failure to remit the registration fees for pesticides and devices by the 15th of the month following the month of expiration shall result in a penalty of twice the amount of the renewal fee.
(c) The annual permit fee for a restricted use pesticide dealer shall be Fifty Dollars ($50.00) for each location. Failure to remit the permit fee by the 15th of the month following the month of expiration shall result in a penalty of twice the amount of the renewal fee.
(d) The fee for each written examination or practical conducted for the combined pesticide program shall be as follows:
(1) Written examination - Fifty Dollars ($50.00).
(2) Practical conducted - Fifty Dollars ($50.00).
(e) Applicator certification fees shall be as follows:
(1) Re-certification procedure - Fifty Dollars ($50.00) for each.
(2) Reciprocal certification procedure - One Hundred Dollars ($100.00) for each.
(f) Identification card fees shall be as follows:
(1) Service technician - Twenty Dollars ($20.00) each.
(2) Certified applicator - No charge.
(3) Duplicate issue or transfers - Ten Dollars ($10.00) each.
(g) The annual permit fee for pesticide producing facilities, including facilities that produce pesticidal devices, shall be One Hundred Dollars ($100.00) for each location.
(1) All permits for pesticide producer establishments shall be issued for a period of one (1) year and shall be renewed annually.
(2) All permits shall expire on June 30 each year and may be renewed without penalty upon filing of a properly completed application not later than the fifteenth day of the month first following the date of expiration.
(3) If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the permit.
(h) All fees and monies collected under this program shall be paid to the Oklahoma Department of Agriculture, Food, and Forestry.
35:30-17-1.3. Commercial pesticide applicator and non-commercial pesticide business license renewal [AMENDED]
(a) Each license for commercial and non-commercial pesticide application for companies with names beginning with a number or with the letters A, B, C, D, E, F, G, H, I, J, K, and L shall expire on the 30th day of September following issuance or renewal, and may be renewed for the ensuing calendar year, without penalty or reexamination if a properly completed application is filed with the Board not later than the 1st day of October of each year. If the application is not received by October 1, a penalty of twice the amount of the renewal fee shall be charged for renewal of the license. If the application is not received by November 1, an additional penalty of One Hundred Dollars ($100.00) shall be paid by the applicant prior to license renewal.
(b) Each license for commercial and non-commercial pesticide application for companies with names beginning with the letters M, N, O, P, Q, R, S, T, U, V, W, X, Y, and Z shall expire on the 31st day of December following issuance or renewal, and may be renewed for the ensuing calendar year, without penalty or reexamination if a properly completed application is filed with the Board not later than the 1st day of January of each year. If the application is not received by January 1, a penalty of twice the amount of the renewal fee shall be charged for renewal of the license. If the application is not received by February 1, an additional penalty of One Hundred Dollars ($100.00) shall be paid by the applicant prior to license renewal.35:30-17-2. Consultant license [AMENDED]
(a) Any person who makes a pesticide or device recommendation for hire or compensation but does not purchase or apply the pesticide or device, or any person evaluating a pest situation or prescribing a mitigation plan of the identified pest using a pesticide or device shall be commercially licensed as a consultant in the category in which the recommendation is made.
(b) Any person recommending a pesticide or device that is incidental to their primary duty or duties and does not receive compensation for the recommendation shall be exempt from the requirement to obtain a consultant license. This exemption shall include, but not be limited to:
(1) a sales clerk employed by a pesticide dealer that routinely recommends pesticides and devices but does not receive compensation for the recommendation; or
(2) an architect that recommends a building be pretreated for termites using a licensed business, certified applicator, and a properly registered pesticide but does not receive compensation for the recommendation.
35:30-17-2.1. Sales apprenticeship [NEW]
(a) This apprenticeship may only be obtained after satisfactory completion of coursework prescribed by the Board and is valid until December 31st of each year.
(b) This apprenticeship allows a person to only inform potential customers about the company’s pest control services.
(c) The apprentice must identify themselves to the property owner and they cannot inspect a property for pests or make any pesticide use recommendations.
(d) Prior to entering into a contract, all service terms, including the cancelation policy, must be clearly conveyed to the customer and a copy of the contract must be provided to the customer at the time the contract is signed.
(e) A service technician may act as a sales apprentice.
(f) An apprenticeship certification and card will cost One Hundred Dollar ($100) and shall be paid prior to beginning work.PART 3. CERTIFICATION, CONDUCT OF EXAMINATIONS, AND RECERTIFICATION
35:30-17-6. Recertification [AMENDED]
(a) Each certified applicator shall seek recertification every five (5) years.
(b) Within twelve (12) months of expiration, a certified applicator shall either pass a Phase II examination or earn a specified number of Continuing Education Units (CEU) approved by the Department to successfully complete recertification. If a certified applicant elects to re-examine and does not pass a Phase II examination within twelve (12) months of expiration, the applicant shall be required to re-take the Phase I and Phase II examinations and a practical examination, when applicable. If a certified applicant elects to earn CEU for recertification, approximately one (1) hour of education shall be the equivalent of one CEU. The CEU requirements for each category are as follows:
(1) 1a - Agricultural Plant:
(A) Total in five years - 20 CEU
(B) Maximum in any one year - 10 CEU
(2) 1b - Agricultural Animal:
(A) Total in five years - 5 CEU
(B) Maximum in any one year - 2 CEU
(3) 2 - Forest:
(A) Total in five years - 10 CEU
(B) Maximum in any one year - 5 CEU
(4) 3a - Ornamental and Turf Outdoor:
(A) Total in five years - 20 CEU
(B) Maximum in any one year - 10 CEU
(5) 3b - Interiorscape:
(A) Total in five years - 10 CEU
(B) Maximum in any one year - 5 CEU
(6) 3c - Nursery/Greenhouse:
(A) Total in five years - 15 CEU
(B) Maximum in any one year - 7 CEU
(7) 4 - Seed Treatment:
(A) Total in five years - 5 CEU
(B) Maximum in any one year 2 CEU
(8) 5 - Aquatic:
(A) Total in five years - 5 CEU
(B) Maximum in any one year 2 CEU
(9) 6 - Right-of-Way:
(A) Total in five years - 15 CEU
(B) Maximum in any one year 7 CEU
(10) 7a - General Pest:
(A) Total in five years - 20 CEU
(B) Maximum in one year - 10 CEU
(11) 7b - Structural Pest:
(A) Total in five years - 20 CEU
(B) Maximum in one year - 10 CEU
(12) 7c - Fumigation:
(A) Total in five years - 10 CEU
(B) Maximum in one year - 5 CEU
(13) 7d - Food Processing:
(A) Total in five years - 15 CEU
(B) Maximum in one year - 7 CEU
(14) 8 - Public Health:
(A) Total in five years - 15 CEU
(B) Maximum in one year - 7 CEU
(15) 9 - Regulatory:
(A) Total in five years - 10 CEU
(B) Maximum in one year - 5 CEU
(16) 10 - Demonstration & Research in app. Category:
(A) Total in five years - 20 CEU
(B) Maximum in one year - 10 CEU
(17) 11a - Bird & Vertebrate Animal Pest:
(A) Total in five years - 5 CEU
(B) Maximum in one year - 2 CEU
(18) 11b - Predatory Animal
(A) Total in five years - 5 CEU
(B) Maximum in one year - 2 CEU
(19) 12 - Timber Treating (all subcategories):
(A) Total in five years - 5 CEU
(B) Maximum in one year - 2 CEU
(20) 13 - Antimicrobial:
(A) Total in five years - 5 CEU
(B) Maximum in any one year - 2 CEU
(21) 14 - Specialty Category:
(A) Total in five years - 5 CEU
(B) Maximum in any one year - 2 CEU
(22) 15 - Aerial:
(A) Total in five years - 5 CEU
(B) Maximum in any one year - 2 CEU
(23) 16 - Private Applicator:
(A) Total in five years - 20 CEU
(B) Maximum in any one year - 10 CEU
(c) No more than one-half (1/2) of the total credit units shall be accepted for any one Calendar year.
(1) Credit units shall be obtained in at least three (3) of the five (5) years, in any combination, so that the total number obtained equals or exceeds the five (5) year requirement.
(2) The continuing education units may be prorated for any applicator whose recertification period is less than five (5) years.
(3) The Department may allow a CEU to be credited to more than one category.
(4) The course number associated with each continuing education course shall count only once towards the total CEUs per certification cycle.
(d) The CEU shall be structured to provide the following information over the five (5) year period:
(1) Laws and rules;
(2) Pesticides (formulations, registration, labeling and label comprehension, handling and storage, toxicity, and hazards);
(3) Application equipment and calibration;
(4) Pests and IPM;
(5) Identification of hazardous areas;
(6) Drift prevention;
(7) Endangered species;
(8) Groundwater; and
(9) Worker protection.
(e) Any person may request approval of an education program as CEU.
(1) The request for approval shall include the following:
(A) A list of proposed topics including a description of the content and their relative value for meeting the standards of continuing certification;
(B) A list of speakers and their qualifications; and
(C) Method used to verify attendance and evaluate the progress of participants.
(2) The Department and the Oklahoma State University Pesticide Coordinator shall review the request for approval to determine if it meets the criteria of CEU.
(A) If the education program is approved for CEU, the person requesting approval shall be notified of the number of assigned CEU.
(B) Awarded CEUs shall not be valid for more than five (5) years after the date of approval. After five (5) years, courses shall be resubmitted for review and approval.
(C) The person requesting approval may appeal the number of assigned CEU to a three- person review committee with a representative from each of the following:
(i) Oklahoma State University;
(ii) the Department; and
(iii) certified applicators.
(3) Individuals seeking course approval for CEUs shall electronically submit course information and other required information for CEU approval through a website.
PART 5. PREREQUISITES FOR LICENSING
35:30-17-10. Application insurance requirements [AMENDED]
(a) The Board shall not issue ana applicator's business license until the applicant or agent has furnished evidence of financial responsibility. A liability insurance policy or certification shall protect persons who may suffer legal damages as a result of the pesticide operations of the applicant. The policy need not apply to damages or injury to agricultural crops, plants, or land being worked on by the applicant.
(b) With the exception of the aerial pesticide categoryapplicators, pesticide businesses applicators obtaining liability insurance pursuant to this section shall file a certificate of insurance with the Department, verifying insurance in an amount of not less than $50,000 bodily injury, $100,000 bodily injury per occurrence, and $50,000 property damage. The provisions of this section with regard to "per occurrence" are specifically intended to be interpreted per occurrence, rather than per claimant. The insurance obtained pursuant to this section shall insure against liability for damage, loss, or injury, including chemical drift or trespass, suffered by any person or persons, resulting from the application of any pesticide. A current certificate of insurance shall be filed with each initial and subsequent renewal registration.
(c) Aerial pesticide businesses (d) Liability insurance shall be maintained at all times during the licensed period. The Board shall be notified by the insurer fifteen (15) days prior to any applicant's request for a reduction or cancellation of the liability insurance. The total and the aggregate of the insurer for all claims shall be limited to the face amount of the liability insurance policy. The Board may accept a liability insurance policy with a deductible clause in an amount not exceeding $5,000 for all applicators. If the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, the deductible clause shall not be accepted by the Board unless the applicant has furnished the Board with additional liability insurance which satisfies the amount of the deductible.
(e) The Department may approve a liability self-insurance policy with a deductible clause that exceeds the requirements of subsection (d) of this section if the applicant has:
(1) Been continuously engaged in business for not less than three (3) years immediately preceding the application;
(2) At least one hundred (100) employees (all states included); and
(3) At least One Million Dollars ($1,000,000.00) in net assets.
(f) An applicant may request a waiver of some or all of the requirements of subsection (e) subject to a security deposit or other insurance requirements as determined by the Department.
(g) If the furnished liability insurance becomes unsatisfactory, the applicant shall upon notice immediately provide new liability insurance. Upon failure to do so, the Board shall cancel the license and give notice. It shall be unlawful to engage in the business of applying pesticides until the insurance is brought into compliance and the license is reinstated by the Board.
(h) Application of a pesticide specifically excluded on the insurance policy shall be considered working without a license.
35:30-17-11. Application for license required [AMENDED]
(a) Prior to issuance of any license, an applicant shall properly complete a license application.
(b) An application for license shall be considered properly filed when the Board has received the following:
(1) An application completed and signed prior to January 1 of the license year.
(2) Cash, check, or money order in the proper amount.
(3) Certificate of insurance.
(c) A commercial pesticide business applicator operating under more than one business identity or name from a single business location shall be licensed separately for each business identity or name, including but not limited to any trade name, "d/b/a", website, alias, or other designation used in commerce for the purpose of offering services regulated by this subchapter.
(d) The application shall also list the natural person or legal entity lawfully permitted to do business in the State of Oklahoma using or operating under the licensed name.
(e) The Department shall issue a stop sale order and initiate license revocation proceedings against any person or legal entity that is not lawfully permitted to do business in the State of Oklahoma or is not permitted to do business in the State of Oklahoma under the business identity or name provided in the application.
(f) A commercial pesticide business (g) If the name selected by an applicant for a license to act, operate, or do business or advertise as a commercial or noncommercial applicator in the State of Oklahoma is the same or so near the same as that of another licensee already doing business in the state as to cause confusion in the minds of the people or is likely to deceive the public, the Department may require the applicant to apply for a license under a different name that is distinguishable from the names of existing licensees. Any determination made pursuant to this rule shall be at the sole discretion of the Department.
(h) Each business location licensed shall have a minimum of one certified applicator at that location who is certified in each licensed category for which application is made.
(i) A franchised business shall have a separate license and a separate certified applicator at each business location.
(j) Established time periods for the issuance, renewal or denial of all certifications and licenses required by law shall be as follows:
(1) The Department shall review a new application within fifteen (15) working days from the date received.
(2) Any renewal application for certification or license received prior to the renewal date established by the Board shall be considered valid until a final determination is made.
(3) Following review, if it is determined that the requirements have been met, the appropriate certification or license shall be issued within ten (10) working days of the determination date.
(4) Following review, if it is determined that the requirements have not been met, the appropriate certification or license shall be denied. Notification of the denial shall be made in writing to the applicant within ten (10) working days of the determination. The notification shall state the reasons for the denial and identify steps necessary to meet the requirements for issuance.
(k) All applicators working for a company shall be listed on the company’s license prior to making any applications.PART 6. PESTICIDAL PRODUCT PRODUCING ESTABLISHMENTS
35:30-17-13. Incorporation by reference of federal pesticide producing establishment regulations [AMENDED]
(a) The Registration of Pesticide and Active Ingredient Producing Establishments, Submission of Pesticide Reports and Books and Records of Pesticide Production and Distribution Regulations found in Title 40 of the Code of Federal Regulations (CFR) ( 20232026 Revision), Part 167 et seq. and Part 169 et seq. for the United States Environmental Protection Agency (EPA) as promulgated and amended in the Federal Register, are hereby adopted in their entirety with the exception of 40 CFR § 167.90.
(b) All words or terms defined or used in the Federal regulations incorporated by reference shall mean the state equivalent or counterpart to those words or terms.
PART 8. PESTICIDE REGISTRATIONS AND PERMITS
35:30-17-17.1. Registration and renewal options. [AMENDED]
Registrants shall renew a pesticide or device registration using one of the following methods:
(1) Registrants may electronically renew the registration for a pesticide or device at the website, www.kellysolutions.com/erenewals. Revised labels, material safety data sheets and uniform product codes may also be submitted during the electronic renewal process.
(2) Registrants may renew the pesticide or device registration by paying the annual registration fee and submitting a registration application directly to the Department on a form approved by the Department. Revised labels, material safety data sheets and uniform product codes may also be submitted during the renewal process. The registrant shall include an electronic copy of the existing or revised pesticide or device label in pdf format.
PART 9. MINIMUM STANDARDS FOR CONTRACTS AND KEEPING OF RECORDS
35:30-17-20. Contract contents [AMENDED]
(a) Contracts shall be issued for the commercial application of pesticides in the Structural Pest Category. Information on the contracts shall include:
(1) Specific information from 2 O. S. Sections 3-81(11) and 3-83, and OAC 35:30-17-21.
(2) Minimum standards for termite work for existing structures and preconstruction applications. Any minimum requirements that will not be met shall be explained in the contract.
(b) Visible termite damaged material, whether structural or superficial, that will not be replaced or repaired at the time of the original contract shall be in the contract in a clear statement, e.g. "No replacements of damaged material due to termites or other wood destroying organisms are to be made."
(c) "Replaced" means to remove all visible damaged material and bring the area back to sound condition using new materials. The use of putty, paint, or similar materials shall not constitute replacement.
(d) "Repaired" means to bring the area back to sound condition.
(e) Prior to entering into a contract, all service terms, including the cancelation policy, must be clearly conveyed to the customer and a copy of the contract must be provided to the customer at the time the contract is signed.
PART 10. MINIMUM STANDARDS FOR PESTICIDES
35:30-17-22. Restricted use pesticide [AMENDED]
(a) Any pesticide classified for restricted use by the U.S. Environmental Protection Agency, either by regulation (40 CFR 162.31) or through the registration process, shall also be classified as restricted use for 2 O.S. Section 3-81 et al.
(b) Restricted use pesticides can only be sold to stores with a restricted use pesticide dealer permit or to individuals who are certified in the category for which the restricted use pesticide may be applied.PART 11. STANDARDS FOR APPLICATION OF PESTICIDE
35:30-17-24. Approved chemicals and equipment [AMENDED]
(a) Only chemicals which are properly labeled as pesticide products and registered with the Department shall be approved for use as provided for in 2 O.S., Section 3-85.
(b) Any use inconsistent with the pesticide product labeling, registered with the Department is prohibited unless prior written approval for the use has been obtained from the Board. Approval may be obtained by application with reference to:
(1) Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act as Amended, application procedures.
(2) Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act as Amended, application procedures.
(3) Section 2(ee) of the Federal Insecticide, Fungicide, and Rodenticide Act as Amended, for commercial and noncommercial pesticide applications.
(c) To protect public health and the environment, failure to follow precautionary and recommended language included in the pesticide product label may be considered a use inconsistent with the label.
(d) Every applicator of pesticides shall employ an appropriate method to prevent the backflow of spray materials during filling, mixing, and/or application operations. The method shall include, but not be limited to, the employment of a check valve or similar in-line device, or positive mechanical method, such as an air gap, designed to insure that backflow shall not occur.
(e) No person shall use a mist blower or other type of air blasting or misting equipment for the application of hormone type herbicides within the State except where the following specific conditions exist:
(1) Forest nursery and timber production areas where the control of undesirable vegetation with a hormone type herbicide is necessary and the area cannot be covered by any other type of ground application equipment.
(2) Range, pasture, and crop areas where control of undesirable vegetation with a hormone type herbicide is necessary and a specific type of terrain feature such as a gully precludes the use of any other type of ground application equipment.
(3) Unmanned aerial applicators using hormone type herbicides must be a certified applicator, private applicator, or service technician.
(f) Application of a hormone type herbicide under one of the exceptions given in paragraph (e) of this Section is subject to the following restrictions:
(1) At no time during the application shall the outlet point above horizontal.
(2) At no time shall an application be performed in a wind speed over 10 MPH.
(3) The person making the application shall keep records as required by law.
(4) Unmanned aerial applications cannot be made more than 15 ft above the application site unless otherwise allowed by the label.
35:30-17-24.1. Restricted use areas [AMENDED]
(a) Applications of products containing 2,4-D esters or dicamba as an active ingredient to agricultural lands shall not be made in Greer, Harmon, and Kiowa counties between 12:01 a.m. of May 1 of each calendar year through 11:59 p.m. of October 15 of each calendar year except in accordance with the provisions of this section.
(b) Applications of products containing 2,4-D, dicamba, picloram, triclopyr, or clopyralid as an active ingredient to agricultural lands shall not be made in Jackson and Tillman counties between 12:01 a.m. of May 1 of each calendar year through 11:59 p.m. of October 15 of each calendar year except in accordance with the provisions of this section.
(c) Any person intending to apply any of the herbicides listed in subsection (a) or (b) in the counties and during the times prohibited shall adhere to the following procedure:must keep records in accordance with O.A.C. 35:30-17-21.
(1) The person shall notify the Department of the intent to apply herbicides listed in subsection (a) or (b) prior to the application on a form provided by the Department.
(2) The person shall file a report with the Department on a form provided by the Department no later than seven (7) working days after the last application date provided in the original notification of the herbicide use.
(d) Failure to comply with this section shall be a violation.
(e) All records and notifications required by this section shall be in addition to any records required to be maintained by a commercial applicator pursuant to other rules.
(f) The provisions of this section shall not apply to applications of 2,4-DB.
35:30-17-25. Pesticide application by certified applicators, noncertified applicators, service technicians, and private applicators [AMENDED]
(a) A certified applicator shall be on site to use any pesticide when required by the label or labeling.
(b) A certified applicator shall be on site to supervise any pesticide application by a non-service technician.
(c) A service technician shall be on site to make the actual application of any pesticide unless a certified applicator is present at the job site.
(d) A certified applicator may be a service technician in other categories for a licensed company without completing the service technician's examination.
(e) Certified applicators, noncertified applicators, service technicians, and private applicators shall be a minimum of eighteen (18) years of age to purchase restricted use pesticides and to make pesticide applications.
(f) "Noncertified applicator" means a person who has not met the exam qualifications of a certified applicator.
(g) "Nonservice technician" means a person who has not met the exam qualifications of a service technician.
(h) A noncertified applicator shall receive approved safety training from a certified applicator or qualified trainer prior to application of a restricted use pesticide as outlined in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 40 CFR Section 171.201.
(1) Employers of noncertified applicators shall keep the following records for a minimum of two (2) years:
(A) The printed name and signature of the noncertified applicator;
(B) The name of the person who provided the approved training;
(C) The date the training was completed; and
(D) The title or description of the training.
(2) The provisions of this subsection shall not apply to a noncertified applicator making an application of restricted use pesticide on a family farm.
(3) For the purposes of this section a "noncertified applicator" shall mean an applicator who is not a certified applicator, service technician, or private applicator.
(i) A certified applicator, private applicator, or service technician must be on site during unmanned aerial applications.PART 21. STANDARDS FOR DISPOSAL OF PESTICIDE AND PESTICIDE CONTAINERS
35:30-17-89.1. Incorporation by reference of federal pesticide management and disposal regulations [AMENDED]
(a) The Labeling Requirements for Pesticides and Devices, Container Labeling and Pesticide Management and Disposal regulations found in Title 40 of the Code of Federal Regulations (CFR) (20252026 Revision), Part 156.140 et seq. and Part 165 et seq. for the United States Environmental Protection Agency (EPA) as promulgated and amended in the Federal Register, are hereby adopted in their entirety.
(b) All words or terms defined or used in the federal regulations incorporated by reference shall mean the state equivalent or counterpart to those words or terms.
35:30-17-93. Handling pesticide containers by commercial applicators, non-commercial applicators, private applicators, and restricted use pesticide dealers [AMENDED]
The following procedure governs the handling of pesticide containers other than except bulk pesticide containers by commercial applicators:
(1) Full or partially full containers:
(A) Pesticide containers shall be stored in a secure and locked enclosure.
(B) Pesticide containers shall be free of leaks.
(C) The storage area shall be maintained in good condition without unnecessary debris.
(D) Storage areas shall be identified by signs.
(2) Empty containers. Empty containers shall be stored in a secured area and kept for no more than ninety (90) days following use.
(3) Metal, glass, and plastic containers :
(A) All metal, glass, and plastic containers shall be triple-rinsed or pressure rinsed immediately after the pesticide is removed by the following or equivalent procedures:
(i) Using water or a detergent as a rinse capable of removing the pesticide, each container shall be filled with rinse equal to approximately ten percent (10%) of the volume of pesticides originally in the container.
(ii) The rinse shall be agitated thoroughly on all interior surfaces of the container. Agitation shall be accomplished by use of agitation equipment approved by the Department or by manual agitation of the rinse.
(iii) The rinsing procedure shall be repeated three times.
(iv) If the rinsate containing the rinse can be used in subsequent applications of the pesticide without reducing the effectiveness of the pesticide, the rinsate may be placed in the containment tank specified for that pesticide. If the rinsate is not classified as a controlled industrial waste upon disposal, it shall be placed in an approved surface impoundment.
(B) Upon completion of the triple-rinsing or pressure rinsing procedures, containers shall be disposed of as follows:
(i) Disposal in any permitted solid waste facility or sanitary landfill so long as all metal and plastic containers are pierced in each end;
(ii) Return, if possible, to the pesticide sales agent or the pesticide manufacturer pursuant to prior agreement; or
(iii) Resale to a third party for recycling or reconditioning.
(C) All pesticides shall be removed from paper and plastic bags to the maximum extent possible when the pesticide is initially mixed for application. Paper and plastic containers shall be disposed of as follows:
(i) Cut all sides of the container and open the container fully, without folds or crevices, on a flat surface. Shake any pesticides remaining in the opened container into the pesticide mix.
(ii) After cutting and flattening the pesticide containers, dispose of containers in a solid waste facility or sanitary landfill.
SUBCHAPTER 30. SOIL AMENDMENT
35:30-30-2. Registration and fees [AMENDED]
(a) Each soil amendment product shall be registered with the Board prior to distribution on a registration document supplied by the Board. Registrants shall register or renew soil amendment products using one of the following methods:
(1) Registrants may electronically register or renew the registration for soil amendment products at the website, www.kellysolutions.com/erenewals, and pay any applicable fees online. Product labels, revised product labels, efficacy data, and uniform product codes when available shall be submitted during the electronic process.
(2) Registrants may register or renew the registration for soil amendment products by submitting a registration application or renewal application directly to the Department on a form approved by the Department. Any applicable fees shall accompany the applications. Product labels, revised product labels, efficacy data, and uniform product codes when available shall be submitted with the applications. Product labels, revised product labels, and efficacy data shall be submitted in pdf format.
(b) All registrations expire on December 31st of the year registered.
(c) No product name shall be registered that misrepresents the product's primary component or component formulation.
(d) Each product name shall refer to a specific formulation; different product names may refer to the same specific formulation. Products for which formulations change or are modified beyond the ranges reported in the registration document shall either be reregistered with a name that distinguishes them from the previous formulation, or production and distribution of the previous formulation shall cease.
(e) Reregistered products shall be accompanied by a new registration document for that formulation.
(f) Each product registration document shall be accompanied by a label or facsimile of a label for that product as named. If the same product is sold in more than one size, only one label sample shall submitted.
(g) The Board shall not issue and may revoke any soil amendment registration if the Board determines the registration is for the primary purpose of disposal of the product or substance.
(h) The registration fee shall be One Hundred Dollars ($100.00) for each product.
(i) If the Board finds that any soil amendment product is not registered, a penalty of One Hundred Dollars ($100.00) per product shall be assessed. The penalty shall be added to the registration fee and payment shall be made within thirty (30) days after receipt of notice.
SUBCHAPTER 37. NURSERY STOCK SALES
35:30-37-10. Prohibited sales of aquatic plants [AMENDED]
A person shall not knowingly propagate, sell, or offer for sale any aquatic plant pest. "Aquatic plant pest" shall include, but not be limited to, any aquatic plant species listed as a noxious aquatic plant in OAC 800:20-3-2 (a) and (b).the following:
(1) Azolla pinnata - Mosquito Fern (aka - Water Velvet, Water Fern)
(2) Caulerpa taxifolia - Caulerpa (aka - Mediterranean Clone of Caulerpa)
(3) Eichhornia azure - Anchored Water Hyacinth (aka - Rooted Water Hyacinth, Blue Water Hyacinth, Saw-petal Water Hyacinth)
(4) Hydrilla verticillata - Hydrilla (aka - Florida Elodea, Star Vine, Oxygen Plant, Oxygen Weed)
(5) Hygrophila polysperma - Hygro (aka - Miramar Weed, Green Hygro, Oriental Ludwigia, East Indian Hygrophila)
(6) Ipomoea aquatica - Water Spinach (aka - Swamp Morning Glory, Chinese Water Spinach, Water Bindweed, Aquatic Morning Glory)
(7) Lagarosiphon major - African Elodea (aka - Oxygen Weed)
(8) Limnophila species - Ambulia (aka - Asian Marshweed, Limno, Red Ambulia, Indian Ambulia)
(9) Lythrum salicaria - Purple Loosestrife (aka - Loosestrife)
(10) Marsilea quadrifolia - Marsilea (aka - European Waterclover, Four-leaf Clover Fern, Water Fern, Water Clover, Hairy Pepperwort)
(11) Marsilea mutica - Australian Waterclover (aka - Varigated Water-clover, Nardoo) (12) Marsilea minuta - Waterclover
(12) Melaleuca quinquenervia - Paperbark Tree (aka - Melaleuca, Cajeput, Punk)
(13) Monochoria hastata - Cat's Claw (aka - Monochoria)
(14) Ottellia alismoides - Duck Lettuce
(15) Sagittaria sagittifolia - Japanese Arrowhead (aka - Hawaiian Arrowhead, Common Arrowhead, Chinese Arrowhead)
(16) Salvinia spp. - all giant and common salvinia species - (aka - Salvinia, Butterfly Fern, Water Fern, Water Moss, Water Velvet, Karibaweed, Koi Kandy, Water Spangles, Floating Fern, South American Pond Fern)
(17) Alternanthera spp. - Alligatorweed and congeneric species (aka - Alligator-weed, Chaff Flower, lilacina, roseafolia)
(18) Solanum tampicense - Wetland Nightshade
(19) Sparganium erectum - Exotic Bur-reed
(20) Glossostigma diandrum - Mud Mat
[OAR Docket #26-417; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 30. CONSUMER PROTECTION
[OAR Docket #26-418]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 13. Imported Fire Ant Quarantine
35:30-13-3. Regulated area [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; and 2 O.S. § 2-4(A)(2) & (A)(8).
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 8, 2025
COMMENT PERIOD:
November 3, 2025 through December 3, 2025
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendment corrects the spelling of Pottawatomie County for imported fire ants.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 13. IMPORTED FIRE ANT QUARANTINE
35:30-13-3. Regulated area [AMENDED]
Imported Fire Ant regulated areas are the Oklahoma counties of:
(1) Bryan Jefferson, and McCurtain (1986);
(2) Marshall (Additional Infested Area 1987);
(3) Carter, Choctaw, Comanche, Johnston, and Love;
(4) LeFlore, Pushmataha, Atoka, Coal, Pontotoc, Garvin, Murray, Stephens, Jefferson, Cotton, Tillman, and Jackson;
(5) Latimer (2017);
(6) Pittsburgh (2020);
(7) Haskell (2024); and
(8) Hughes, Kiowa, PottawatamiePottawatomie, and Seminole (2025).[OAR Docket #26-418; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 37. FOOD SAFETY
[OAR Docket #26-419]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 13. Milk and Milk Products
35:37-13-2. Incorporations by reference [AMENDED]
Subchapter 19. Homemade Food
35:37-19-4. Labeling requirements [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2) and (28); 2 O.S. § 7-401 et seq.; and 2 O.S. § 5-4.1 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 8, 2025
COMMENT PERIOD:
November 3, 2025 through December 3, 2025
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendments updates incorporations by references and adds an option for a registration number for homemade food labeling requirements.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 13. MILK AND MILK PRODUCTS
35:37-13-2. Incorporations by reference [AMENDED]
(a) Adopted references.
(1) PMO. "Grade A Pasteurized Milk Ordinance with Administrative Procedures - 20192023 Recommendations," including Appendices A through T thereto, hereinafter referred to as the "PMO," as published in the Grade A Pasteurized Milk Ordinance, 20192023 Revisions, by the Department of Health and Human Services, Public Health Service/Food and Drug Administration, Washington, D.C. is hereby incorporated by reference.
(2) Code of Federal Regulations. Where mention is made to any section or sections of the Code of Federal Regulations in the PMO, that section or sections shall be incorporated by reference. The State Board of Agriculture declares that, by incorporating the PMO by reference, it does not intend to create any inconsistency with the Oklahoma Milk and Milk Products Act, in the event there may be any inconsistency.
(3) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program on the National Conference on Interstate Milk Shipments (Procedures), 20192023 Revision.
(4) Methods of Making Sanitation Ratings of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers (MMSR), 20192023 Revision.
(5) Evaluation of Milk Laboratories (EML), 20192023 Revision.
(b) Exceptions.
(1) Section 16, "Penalty" is not incorporated by reference.
(2) Section 17, "Repeal and Date of Effect" is not incorporated by reference.
(3) Section 5, "Certified Industry Inspection" is not incorporated by reference.
(4) Appendices E, "Examples of 3-out-of-5 Compliance Enforcement Procedures" is not incorporated by reference.
SUBCHAPTER 19. HOMEMADE FOOD
35:37-19-4. Labeling requirements [AMENDED]
(a) The following information shall be provided to the consumer in the format required by subsection b of this section:
(1) Name and phone number of the producer;
(2) Physical address where the product was produced;
(3) Description of the homemade food product;
(4) Ingredients of the homemade food product in descending order of proportion;
(5) Statement indicating the presence of any of the most common allergens, including milk, eggs, peanuts, tree nuts, soybeans, wheat, fish, crustacean shellfish, and sesame; and
(6) Legible print stating, "This product was produced in a private residence that is exempt from government licensing and inspection.".
(b) A producer may obtain a registration number upon the payment of an annual fee of Fifteen Dollars ($15.00) to the Oklahoma Department of Agriculture, Food, and Forestry that is good for one (1) year from the date of its issue. The assigned registration number may be used on product labels instead of the producer’s name, phone number, and the physical address of the location where the homemade food product was produced.
(bc) The information required by subsection a of this section shall be provided in a legible format of at least 10-point font, in the following manner:
(1) On a label affixed to the package if the homemade food product is packaged;
(2) On a label affixed to a container if the homemade food product is offered for sale from a bulk container directly to the consumer;
(3) On a placard displayed at the point of sale and on a card or other item that is made available to the consumer and is readily carriable if the homemade food product is not packaged; and
(4) Displayed on the webpage from which the homemade food product is offered for sale if it is sold on the internet; provided, each item sold over the internet shall be properly labeled or shall have a label included in the shipping container.
(cd) Homemade food products that are packaged and distributed in interstate commerce shall be sold and labeled in accordance with federal law.
[OAR Docket #26-419; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 50. AQUACULTURE
[OAR Docket #26-423]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Private Commercial Production
Part 5. Unlicensed Importers and Sellers of Live Aquaculture Products [NEW]
35:50-1-45. Unlicensed importers [NEW]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2) and (20); 2 O.S. § 6-311 et seq.; and SB 777.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 25, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule establishes requirements for unlicensed importers.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. PRIVATE COMMERCIAL PRODUCTION
PART 5. UNLICENSED IMPORTERS AND SELLERS OF LIVE AQUACULTURE PRODUCTS [NEW]
35:50-1-45. Unlicensed importers [NEW]
Any entity selling live aquaculture species within the state of Oklahoma that does not possess a valid license for commercial production of aquatic species issued by the Oklahoma Department of Agriculture, Food and Forestry along with an Oklahoma address subject to regular inspections shall pay an import fee for each shipment of aquaculture species.
(1) The fee shall be $100 (one hundred dollars).
(2) Each import shipment shall be documented on an official certificate of veterinary inspection.
(3) Certificates of Veterinary Inspection and import fees shall be submitted electronically to Animal Industry Services of ODAFF.
[OAR Docket #26-423; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 55. COMMERCIAL PET BREEDERS AND ANIMAL SHELTERS
[OAR Docket #26-424]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Licensing
35:55-1-2. Definitions [AMENDED]
35:55-1-3. License required [AMENDED]
35:55-1-4. License application [AMENDED]
35:55-1-5. Grounds for denial, suspension, or revocation of a license [REVOKED]
35:55-1-6. Inspections [AMENDED]
35:55-1-7. Changes of information [REVOKED]
35:55-1-8. Fees [AMENDED]
35:55-1-10. Renewals [REVOKED]
35:55-1-11. Complaints [AMENDED]
35:55-1-12. Display of license [REVOKED]
Subchapter 3. Standards of Care
35:55-3-1. Incorporation by reference [AMENDED]
35:55-3-3. Compatibility [REVOKED]
35:55-3-6.1. Canine brucellosis [AMENDED]
Subchapter 7. Recordkeeping and Sales
35:55-7-1. Records [AMENDED]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2); and 4 O.S. § 30.1 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 25, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rule amendments remove and revoke duplicate language from statutes; add the definition of a juvenile animal; adds requirement for submission of information on kennels and housing for animals; adds requirements for rescheduling inspections if cancelled by facility; adds the ability to do unannounced inspections and penalty for failure to schedule annual inspection; and updates references to the CFR.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. LICENSING
35:55-1-2. Definitions [AMENDED]
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Adult animal" means an intact female animal twelve (12) months of age or older;
"Animal" means a dog or a cat;
"Animal shelter" means any facility that maintains ten or more dogs and cats operated by or under contract for the state, a county, a municipal corporation, or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs or cats; and any facility that maintains ten or more dogs and cats operated, owned, or maintained by any person or organization for such purpose, but not including any facility that does not house or harbor dogs or cats on the premises and only operates through a system of fostering in private homes;
"Animal shelter license" means a license issued to any applicant that qualifies and is licensed as an animal shelter operator;
"Animal shelter operator" means any individual, entity, association, trust, or corporation that operates a facility that maintains ten or more dogs and cats for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs or cats, but not including any facility that does not house or harbor dogs or cats on the premises and only operates through a system of fostering in private homes;
"Board" means the State Board of Agriculture;
"Cat" means a mammal that is wholly or partly of the species Felis domesticus;
"Commercial breeder" and "commercial pet breeder" mean any individual, entity, association, trust, or corporation who possesses eleven or more intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration;
"Commercial pet breeder license" means a license issued to any person that qualifies and is licensed as a commercial pet breeder;
"Department" means the Oklahoma Department of Agriculture, Food, and Forestry;
"Dog" means a mammal that is wholly or partly of the species Canis familiaris;
"Facility" means the premises used by one or more animal shelter operators or commercial breeders. The term includes all buildings, property, and confinement areas in a single location used to conduct the animal shelter commercial breeding business;
"Family member" means the parent, spouse, child, or sibling of an individual;
"Humane society" means a nonprofit organization exempt from federal income taxation as an organization described in Section 501(c)(3), Internal Revenue Code of 1986, as amended, that has as a principal purpose the prevention of animal cruelty or the sheltering of, caring for, and providing of homes for lost, stray, and abandoned animals;
"Inspector" means an authorized agent of the Board or any other qualified person authorized by the Department to conduct inspections;
"Intact female animal" means a female animal, nine (9) months of age or older, and not spayed;
"Kitten" means a cat less than twelve (12) months old;
"Local animal control authority" means a municipal or county animal control office with authority over the premises in which an animal is kept or, in an area that does not have an animal control office, the county sheriff;
"Marketing" means the solicitation for sale of animals;
"Necessary veterinary care" means at least one personal visual inspection annually by a veterinarian licensed in Oklahoma, guidance from a licensed veterinarian on preventative care, an exercise plan is approved by a licensed veterinarian, normal and prudent attention to skin, coat, and nails, prompt treatment of any illness or injury, and where needed, humane euthanasia by a licensed veterinarian using lawful techniques deemed acceptable by the American Veterinary Medical Association. If, during the course of a routine personal visual inspection, the licensed veterinarian detects signs of disease or injury in an animal, then a physical examination of the animal shall be conducted by the licensed veterinarian.
"Noncommercial breeder" means any individual, entity, association, trust, or corporation who possesses ten or fewer intact female animals for the use of breeding or dealing in animals for direct or indirect sale or for exchange in return for consideration;
"Person" means any individual, association, trust, corporation, limited liability company, partnership, or other entity;
"Pet" means a dog or cat, including a puppy or kitten;
"Puppy" means a dog less than twelve (12) months old;
"Veterinarian" means a person currently licensed to practice veterinary medicine in Oklahoma.
"Juvenile” means a puppy or kitten;
"Owner" means a person who owns ten percent (10%) or more of the ownership interest in a commercial pet breeder facility, directly or indirectly, in an entity.
"Possess" means to have custody of or control over, but shall not include custody or control over an animal by a person who is not a resident of Oklahoma and is in Oklahoma for the sole purpose of attending a competitive show or event held in Oklahoma;
"Recipient" means a purchaser, adopter, or any other person who receives a pet.
35:55-1-3. License required [AMENDED]
(a) A person shall not act, offer to act, or hold himself or herself out as a commercial pet breeder or operate an animal shelter in this state unless the person holds a license obtained pursuant to the Commercial Pet Breeders and Animal Shelter Licensing Act for each facility that the person owns or operates in this state.
(b) It shall be unlawful for any person to act as a commercial pet breeder licensee, or to hold himself or herself out as such, unless the person shall have been licensed to do so under the Commercial Pet Breeders and Animal Shelter Licensing Act.
(c) The commercial pet breeder license shall begin on July 1 and expire on June 30 of each calendar year; each commercial pet breeder shall renew the license prior to June 30 of each calendar year.
(d)(b) The animal shelter license shall begin on January 1 and expire on December 31 of each calendar year; each animal shelter operator shall renew the license prior to December 31 of each calendar year.
(e)(c) Any person who intends to become a commercial pet breeder or intends to operate an animal shelter shall obtain a license prior to operation.
(f)(d) Any person who does not meet the definition of a commercial pet breeder or animal shelter but chooses to voluntarily obtain a license shall comply with all rules as though they do meet the definition of a commercial pet breeder or animal shelter.
(g)(e) Each commercial pet breeder and animal shelter shall have a fixed place of business with a specific physical location and shall conform to local zoning ordinances authorizing the occupancy of a commercial pet breeder or animal shelter at that location.
35:55-1-4. License application [AMENDED]
(a) The Oklahoma Department of Agriculture, Food, and Forestry shall issue a license to each commercial pet breeder or animal shelter operator who:
(1) Meets the requirements of the Commercial Pet Breeders and Animal Shelter Licensing Act;
(2) Applies to the Department on the form prescribed by the Department; and
(3) Pays the required license and prelicense inspection fees.
(b) A commercial pet breeder or animal shelter operator shall submit a separate application and obtain a separate license for each facility where breeding or shelter animals are kept. A separate license shall be issued for each facility of the commercial pet breeder or animal shelter operator, whether or not the facility has the requisite number of animals at each facility.
(c) If a single facility is shared by more than one person, each person shall be required to become individually licensed if the requisite number of animals are housed at the facility, unless all animals are combined on a single license.
(d) An applicant applying for a license shall submit a completed license application signed under oath containing the following information:
(1) Name, mailing address, telephone number, and email address, if any, of the applicant;
(2) Name, if different, physical address and telephone number of the facility, including driving directions from the nearest municipality;
(3) Name, address, telephone number, and email address, if any, of the operator of the facility, if different from the owner;
(4) If the applicant is an entity, association, trust, or corporation, the name and address of each member with an ownership of ten percent (10%) or more in the facility;
(5) If the applicant is an entity, the name, address, telephone number, and email address, if any, of the Oklahoma registered agent;
(6) The sales tax identification number of the commercial pet breeder, unless the commercial pet breeder only sells animals wholesale or the tax exempt identification number of the animal shelter;
(7) A list of the date, subject matter, and court or government entity for any individual required to be disclosed by this section for each of the following:
(A) Has ever been convicted of, or entered a plea of guilty or no contest, to any felony, or any crime involving animal cruelty, abuse, or neglect;
(B) Has ever received any adverse ruling from any court of competent jurisdiction or any administrative tribunal involving honesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence, or incompetence in a matter related to commercial pet breeding, or cruelty to animals;
(C) Has ever had an application for a license, registration, certificate, or endorsement related to pet breeding or animal care denied or rejected by any state or federal licensing authority in Oklahoma or another state;
(D) Whether any commercial pet breeder licensing board, kennel regulation board, animal shelter licensing authority, or similar agency or organization has ever revoked or suspended a license, registration, certificate, or endorsement;
(E) Has ever surrendered a license, registration, certificate, or endorsement to the Board or any state or federal commercial pet breeder or kennel licensing authority or animal shelter licensing authority, whether located in Oklahoma or elsewhere;
(8) Affidavit of Lawful Presence in the United States of America, as provided under 56 O.S. § 71;
(9) A notarized statement swearing that the information submitted on the application is true and correct;
(10) State the total number of animals owned by the commercial pet breeder on the date of application and identify how many of the animals are intact female animals, males, and juveniles or state the capacity of the animal shelter;
(11) The date of commencement of operations at that location; and
(12) An outline, map, or numbering sequence that outlines and identifies clearly the current and or planned kennels, housing and exercise areas; and
(13) Any other relevant information required by the Board.(e) If an applicant submits an incomplete application or the Department requests additional information, the Department shall notify the applicant that the application is incomplete and identify the information on the application that is incomplete or needs additional information. The applicant shall submit additional information within twenty (20) working days to supplement and complete the application. If the applicant does not respond to the request for additional information in a timely manner, the application shall be denied.
(f) An application may be withdrawn from consideration by the applicant at any time.
(g) Any commercial pet breeder or animal shelter operator whose application is denied due to failure to submit information in a timely manner or who withdrew the application may submit a new application and appropriate fees.
(h) Any license commercial pet breeder that intends to expand their operation’s capacity to a higher level of license category shall submit notice to the Department within ten (10) days of the expansion.
(1) The notification shall be submitted on the application form prescribed by the Department.
(2) Payment shall be included with the application to pay the increase in license category due to the expansion and a prelicense inspection fee.
35:55-1-5. Grounds for denial, suspension, or revocation of a license [REVOKED]
35:55-1-6. Inspections [AMENDED]
(b) The Department shall arrange for an inspection at a facility prior to issuance of an initial license for that facility.
(1) The Department shall not issue a license to any person until the Department receives an initial prelicense inspection report from the inspector in a format approved by the Department certifying that the facility meets the requirements of the Commercial Pet Breeders and Animal Shelter Licensing Act.
(2) Prior to the initial prelicense inspection, each applicant shall pay to the Department a nonrefundable inspection fee.
(3) Failure of the owner or operator to be present for the arranged inspection without twenty-four (24) notice shall result in a second prelicense inspection fee to be prior to arranging another inspection.
(a) Failure of the owner or operator to be present for the arranged prelicense inspection without twenty-four (24) notice shall result in a second prelicense inspection fee to be paid prior to arranging another inspection.
(b) In the event the facility cancels, reschedules, or is not present for an arranged prelicense inspection, another prelicense inspection must be arranged in the next ten (10) working days and prelicense inspection fee paid, if not rescheduled at least twenty-four (24) hours in advance, or the application may be denied.
(c) The Department, at least annually, shall arrange for the inspection of each licensed facility. The inspection shall be conducted during normal business hours and the commercial pet breeder, animal shelter operator, or a representative shall be present during the inspectionshall inspect each licensed facility at a minimum annually.
(1) The Department shall conduct an unannounced inspection during normal working hours or if found to be unavailable during normal working hours shall arrange the annual inspection within a five (5) working day window during daylight hours as the facility is available.
(2) Failure of the commercial pet breeder, animal shelter operator, or a representative to show for an arranged inspection will result in a fine to be paid and require either an unannounced or another inspection be arranged and a prelicense fee paid no later than five (5) business days after the previously arranged inspection date.
(d) The inspector shall submit an inspection report to the Department not later than ten (10) days after the date of the inspection on a form prescribed by the Department and provide a copy of the report to the commercial breeder, animal shelter operator, or the representative.
(1)(3) The inspection report shall include an itemized list of violations, if any, and may include recommendations for correction.
(2)(4) A copy of the inspection report shall be sent to the commercial pet breeder or animal shelter operator who shall have thirty (30) calendar days to correct any deficiencies.
(3)(5) Following the thirty (30) calendar days to correct deficiencies, the inspector may conduct an unannounced follow-up inspection during normal business hours, or may request documentation of corrections be submitted to the Department within fourteen (14) calendar days of the request.
(4)(d) During the prelicense or expansion prelicense inspection, if observed enclosures do not meet the requested capacity, the license or expansion shall not be approved. Prior to scheduling a follow-up inspection, andan additional prelicense fee shall be due.35:55-1-7. Changes of information [REVOKED]
35:55-1-8. Fees [AMENDED]
The Board shall charge the following nonrefundable license or renewal fees:
(1) One (1) to ten (10) intact female animals: $125.00
(2) Eleven (11) to twenty (20) intact female animals: $200.00
(3) Twenty one (21) to fifty (50) intact female animals: $350.00
(4) Fifty one (51) to one hundred (100) intact female animals: $500.00
(5) One hundred and one (101) or more intact female animals: $650.00
(6) Animal shelter: $200.00
(7) If the commercial pet breeder or animal shelter operator submits a renewal application and fee after the expiration date, the commercial pet breeder or animal shelter operator shall pay double the renewal fee as a late charge and the filing of a late application shall be deemed a violation.
(8) Prelicense inspection fee for new or expanding: $100.
35:55-1-10. Renewals [REVOKED]
35:55-1-11. Complaints [AMENDED]
(a) On receipt of a valid written complaint alleging a violation of the Commercial Pet Breeders and Animal Shelter Licensing Act, an authorized agent of the State Board of Agriculture, a local animal control authority, or an inspector designated by the Department may investigate the alleged violation.
(b) Any person may submit a written and signed complaint to the Department alleging a violation of the Commercial Pet Breeders and Animal Shelter Licensing Act or rules promulgated thereunder.
(c)(b) Upon receipt of a written complaint, the Department notifies the person filing the complaint in writing of its receipt and status within five (5) working days, unless complaint is submitted anonymously.
(d)(c) The party whom the complaint is filed against, if known, is notified within five (5) working days.
(e)(d) The resolution of a complaint is the completion of the appropriate administrative, jurisdictional, and legal remedies appropriate to the circumstances.
(f)(e) The complainant and commercial pet breeder or animal shelter operator shall be notified in writing within seven (7) working days after the resolution of the complaint, if known.
35:55-1-12. Display of license [REVOKED]
SUBCHAPTER 3. STANDARDS OF CARE
35:55-3-1. Incorporation by reference [AMENDED]
(a) The following provisions of Title 9 of the Code of Federal Regulations and the requirements contained therein pertaining to Animal Welfare, Part 3 (Standards) are, unless otherwise specified, adopted and incorporated by reference in their entirety:
(1) 3.1 (housing facilities, general)
(2) 3.2 (indoor housing facilities)
(3) 3.3 (sheltered housing facilities)
(4) 3.4 (outdoor housing facilities)
(5) 3.5 (mobile or traveling housing facilities)
(6) 3.6 (primary enclosures), except for 3.6 (c)(1)(ii) and (c)(2)
(7) 3.7 (compatible grouping)
(8) 3.8 (exercise for dogs)
(9) 3.9 (feeding)
(10) 3.11 (cleaning, sanitization, housekeeping, and pest control)
(11) 3.12 (employees)
(12) 3.133.14 (consignments to carriers and intermediate handlers)
(13) 3.143.15 (primary enclosures used to transport live dogs and cats)
(14) 3.153.16 (primary conveyances [motor vehicle, rail, air, and marine])
(15) 3.163.17 (food and water requirements)
(16) 3.173.18 (care in transit)
(17) 3.183.19 (terminal facilities)
(18) 3.193.20 (handling)(b) When reference is made to a federal entity, it shall mean the state counterpart.
35:55-3-3. Compatibility [REVOKED]
35:55-3-6.1. Canine brucellosis [AMENDED]
(a) A commercial pet breeder shall have a biosecurity plan in place for the detection and eradication of canine brucellosis. The biosecurity plan shall be developed in consultation with the commercial pet breeder's attending veterinarian and shall include, but not be limited to, the following:
(1) New breeding stock shall be initially quarantined prior to release into the general facility population.
(2) New breeding stock shall test negative on two consecutive brucellosis tests conducted four to six weeks apart prior to exiting the initial quarantine.
(b) If canine brucellosis is confirmed in any dog on the premises of a commercial pet breeder, the premises shall be quarantined by the State Veterinarian. The parameters of the quarantine shall be determined by the State Veterinarian in consultation with the commercial pet breeder's attending veterinarian, and may include, but not be limited to, the following:
(1) Any dog that is confirmed positive for canine brucellosis shall be humanely euthanized.
(2) All dogs six weeks of age or older shall test negative on two consecutive brucellosis tests conducted four to six weeks apart.
(3) Records of each sampling event, including identification of each euthanized dog, identification of each animal tested, laboratory sample results from an approved laboratory, and any other pertinent information, shall be provided to the Department upon request.
(4) Each dog six weeks of age or older that is tested for canine brucellosis shall be identified with an electronic form of identification.
(5) The State Veterinarian may, upon consultation with the commercial pet breeder's attending veterinarian, may modify the quarantine to allow for testing of fewer animals and quarantine of only a portion of the premises.
SUBCHAPTER 7. RECORDKEEPING AND SALES
35:55-7-1. Records [AMENDED]
(a) A commercial pet breeder or animal shelter operator shall maintain a separate health record for each animal in the facility documenting the healthcare of the animal that shall include:
(1) The breed, sex, color, and identifying marks of the animal; and
(2) A record of all inoculations, medications, and other veterinary medical treatment received by the animal while in the possession of the commercial pet breeder or animal shelter operator.
(b) The commercial pet breeder or animal shelter operator shall make the health records available on request to the Oklahoma Department of Agriculture, Food, and Forestry, an authorized agent of the Board, a local animal control authority, or any other inspector designated by the Department.
(c) Commercial pet breeders or animal shelter operators shall create, maintain, and keep records of operations consisting of a list describing all pets that have been born, housed or kept in the facility at any time, and stating the disposition of all pets listed. In describing the disposition of any pet, the commercial pet breeder and animal shelter operator shall record the following:
(1) If the animal was sold or otherwise transferred, the manner and location of the sale, transfer, or other disposition, and the recipient's name and address, if the commercial pet breeder or animal shelter operator shipped or otherwise transported the animal to the recipient;
(2) That the pet is still on the premises, or
(3) If the pet died while at the facility, the date of death and cause of the death.
(d)(b) Commercial pet breeders and animal shelter operators shall keep the following records of all sales or disposition of pets owned or has housed at the licensed facility:
(1) A description of each sold or disposed pet; and
(2) With respect to each pet list the date of transaction, the location of the transaction, whether the commercial pet breeder or animal shelter operator transported or shipped the pet for delivery, including the location of the recipient, the age of the pet, and the name and address of the recipient.
(e)(c) Commercial pet breeders and animal shelter operators shall keep at their facility records of all pets purchased or otherwise acquired at any time during the preceding two (2) years, which record shall include the date of the transaction, the name and address of the seller, and a description of each pet received, including the age of each pet at the time it was acquired by the commercial pet breeder or animal shelter operator.
(f)(d) Commercial pet breeders and animal shelter operators, if applicable, shall keep at their facility breeding records, which, for each adult female animal shall list the dates she was bred, the dates on which her puppies or kittens were born, and the number of puppies or kittens in each litter.
(g)(e) For each pet, commercial pet breeders and animal shelter operators shall keep copies of documents evidencing the information that shall be contained in the pet breeder's records, including veterinary reports, sales receipts, and shipping invoices.
(h)(f) A commercial pet breeder and animal shelter operator shall maintain all records for a minimum of two (2) years.
(i)(g) Sanitization records shall include the date of sanitization and the method used.[OAR Docket #26-424; filed 6-1-26]
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 56. EMERGENCY DROUGHT COMMITTEE [NEW]
[OAR Docket #26-426]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. GENERAL PROVISIONS [NEW]
35:56-1-1. Purpose [NEW]
35:56-1-2. Primary Agencyagency [NEW]
35:56-1-3. Considerations to Convene a Meetingconvene a meeting [NEW]
35:56-1-4. Meetings; When Convenedwhen convened [NEW]
35:56-1-5. Emergency Drought Programsdrought programs [NEW]
AUTHORITY:
Okla. Const., Art. 6, § 31; State Board of Agriculture; 2 O.S. § 2-4(A)(2) and (20); 27A O.S. 2250-52; E.O. 2022-23.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 25, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 12, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The adopted rules establish clear guidance, procedures, goals, and processes for the Emergency Drought Committee (EDC) created under 27A O.S. § 2251. These rules establish criteria for determining drought conditions that prompt the Secretary of Agriculture to convene an EDC meeting, initiating emergency drought assistance programs, scheduling and conducting meetings of the EDC, reviewing program actions, and presenting final reports. These rules ensure accountability for members of the EDC and effectiveness of the EDC programs to benefit Oklahomans in drought conditions. Additionally, these rules clarify that the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) is the primary agency responsible for ensuring that the EDC is compliant with the requirements of the Open Meetings Act and Open Records Act.
CONTACT PERSON:
Kiersten Wormus, (405) 522-5803, e-mail address: at Kiersten.wormus@ag.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS [NEW]
35:56-1-1. Purpose [NEW]
This Chapter sets forth provisions and requirements related to the Emergency Drought Committee, created under 27A O.S. § 2251. The Secretary of Agriculture holds exclusive authority to convene meetings of the Emergency Drought Committee (EDC) under 27A O.S. § 2251. These rules establish transparent criteria for:
(1) Determining drought conditions that prompt the Secretary of Agriculture to convene an EDC meeting.
(2) Initiating emergency drought assistance programs.
(3) Scheduling and conducting meetings.
(4) Reviewing program actions.
(5) Presenting final reports
35:56-1-2. Primary Agencyagency [NEW]
The Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) is responsible for:
(1) Ensuring EDC compliance with the Open Meeting Act (OMA) and Open Records Act (ORA),
(2) Preparing, posting, and distributing EDC agendas,
(3) Recording and maintaining meeting minutes, and
(4) Publishing EDC information, agendas, and minutes on the ODAFF website.
35:56-1-3. Considerations to Convene a Meetingconvene a meeting [NEW]
(a) The Secretary of Agriculture will consider the following factors when determining the need to convene the Emergency Drought Committee (EDC) to develop drought assistance programs:
(1) Primary Trigger: S. Drought Monitor (USDM) Classification. If areas are classified as D2 (Severe Drought) or higher.
(2) Secondary Consideration: Rapid Drought Escalation. If areas classified as D0 (Abnormally Dry) escalate rapidly to D1 (Moderate Drought) with additional supporting drought indicators suggesting further progression to D2 or higher.
(3) Supporting Drought Indicators:
(A) Agricultural Impact Indicators:
(i) Crop Conditions and Yield Reports: Declining conditions in major crops (wheat, corn, soybeans, cotton).
(ii) Pasture and Rangeland Conditions: Deterioration affecting livestock grazing.
(iii) Livestock Water and Feed Availability: Decreasing pond levels and hay shortages.
(iv) Farm Income Loss Estimates: Economic stress on producers due to yield reductions.
(v) Irrigation Water Supply: Diminished availability from reservoirs, wells, or aquifers.
(B) Water Resource and Infrastructure Indicators:
(i) Reservoir and Lake Levels: Declining water storage in key agricultural supply sources.
(ii) Streamflow and River Conditions: Below-average flow rates affecting irrigation.
(iii) Groundwater Depletion: Measured declines in aquifer levels (e.g., Ogallala Aquifer).
(iv) Public and Agricultural Water Use Restrictions: Implementation of conservation measures.
(C) Stakeholder and Local Reports:
(i) County and Regional Drought Committees: Reports from local agricultural organizations.
(ii) Farmer and Rancher Input: Direct communication regarding challenges and needed assistance.
(iii) Cooperative Extension Service Reports: Observations from agricultural advisors.
(b) The Secretary of Agriculture may also seek expert input from the Oklahoma State Climatologist or other drought expertise.
35:56-1-4. Meetings; When Convenedwhen convened [NEW]
Once drought factors have been reviewed and the Secretary of Agriculture determines that Oklahoma or parts of Oklahoma are experiencing continuous drought, the Secretary shall call for an initial EDC meeting.
(1) Initial Meeting. At the first meeting, the EDC shall:
(a) Review drought indicators to assess the severity of conditions.
(b) Determine funding availability for an emergency drought program(s).
(c) Select and initiate the most appropriate emergency drought program(s) to assist landowners and producers.
(d) Determine what regions, counties, or areas of the state shall be eligible for the assistance provided through the approved emergency drought program.
(2) Ongoing Meetings. The Secretary of Agriculture shall call:
(a) Quarterly meetings after emergency drought program initiation to review progress, make any program adjustments as needed, and/or discuss new or extended programming.
(b) Special meetings upon recommendation or request from committee members.
(3) Conclusion of Meetings. The Secretary of Agriculture may cease quarterly meetings at the conclusion of an emergency drought program, after a final report has been submitted to the EDC.
35:56-1-5. Emergency Drought Programsdrought programs [NEW]
Reporting Requirements:
(1) Ongoing Reports: While an emergency drought program is active, the implementing agency shall provide updates at all EDC meetings.
(2) Final Report: Upon the conclusion of an emergency drought program, the implementing agency shall submit a final report to the EDC.
[OAR Docket #26-426; filed 6-1-26]
TITLE 55. Board of Governors of the Architects, Landscape Architects and Licensed Interior Designers of Oklahoma
CHAPTER 10. LICENSURE AND PRACTICE OF ARCHITECTS, LANDSCAPE ARCHITECTS AND LICENSED INTERIOR DESIGNERS
[OAR Docket #26-513]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
55:10-1-3. Definitions [AMENDED]
Subchapter 5. Application and Eligibility for Licensing
55:10-5-8. Qualifications for a Landscape Architect License [AMENDED]
55:10-5-8.1. Equivalent standards for landscape architectsExplanation of licensure requirements [AMENDED]
Subchapter 7. Examination
55:10-7-1. Examination required for Candidates [AMENDED]
AUTHORITY:
O.S. 59, Section 46.7 Oklahoma State Architectural and Licensed Interior Designers Act; Board of Governors of the Architects, Landscape Architects and Licensed Interior Designers of Oklahoma.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through December 17, 2025
PUBLIC HEARING:
December 17, 2025
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 16, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
August 3, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed changes to OAC 55:10 have been made in order to remove barriers to licensure for Landscape Architects and to better align with national standards. The changes allow for alternative paths to licensure in cases where an individual does not have a traditional higher education degree by reducing the required experience hours to facilitate a faster path to licensure.
CONTACT PERSON:
Leslie Hanska, Executive Director
220 NE 28th Street, Suite 150
Oklahoma City, OK 73105
(405) 949-2383
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF AUGUST 3, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
55:10-1-3. Definitions [AMENDED]
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act" means the currently enacted and effective legislation codified at 59 O.S., Section 46.1, et seq.
"Applicant" means an individual who has submitted an application for a License to the Board.
"Architect" means any person who is licensed in the practice of architecture by the State of Oklahoma as hereinafter defined.
"Architect(s) of Record" means a Licensee currently licensed as an Architect and in good standing with this Board, that has met statutory and OAC 55:10 requirements, who is directly responsible to the Board for the firm practice, filings, paying all fees, penalties and submitting all documents.
"ARE" means the current architect registration examination prepared by NCARB or its successor and adopted by the Board as the examination to be used in determining a Candidate's qualifications to practice architecture.
"AXP" means Architectural Experience Program, as defined by NCARB.
"Board" means the Board of Governors of the Architects, Landscape Architects and Licensed Interior Designers of Oklahoma.
"Building types" means the types of buildings found in O.S. 59, Section 46.21b of the Act.
"Candidate" means an individual who has been approved to sit for the examinations given by the Board, or who has passed said examinations, but has not been issued a License.
"CE" means continuing education.
"Certificate of Authority" means the authorization granted by the Board for individuals to practice or offer to practice architecture, landscape architecture, or licensed interior design in the State through an Entity.
"CEU" means a continuing education unit of one Contact Hour.
"CIDA" means Council of Interior Design Accreditation or its successor.
"CIDQ" means Council for Interior Designers Qualification, the organization administering examinations and setting model practice standards for Licensed Interior Designers, or its successor.
"CLARB" means Council of Landscape Architectural Registration Boards or its successor.
"Contact Hour" means one unit of continuing education of not less than 50 minutes.
"Entity" means any group of individuals joined together to offer or contract for services to practice architecture, landscape architecture, or licensed interior design. Entity shall include individuals, partnerships, firms, associations, corporations, limited liability companies and limited liability partnership and any other business or professional group recognized under the Act and approved by the Board.
"Examination" means the current licensing examinations administered by this Board, or its designee, for Architects, Landscape Architects or Licensed Interior Designers.
"Fiscal Year" means July 1 through June 30.
"IDEP" means the Interior Design Experience Program, as defined by CIDQ.
"Intern Architect" or "Architectural Intern" means an individual in the process of obtaining training acceptable to the Board in order to complete requirements and/or is currently testing to pursuing licensure.
"Intern Landscape Architect" or "Landscape Architectural Intern" means an individual in the process of obtaining credits acceptable to the Board in order to complete requirements and is currently testing to pursue licensing as a Landscape Architect.
"Issuing jurisdiction" means the state where the license record of an Applicant, Candidate, or Licensee is kept.
"LAAB" means Landscape Architectural Accrediting Board or its successor.
"LARE" means the current Landscape Architect Registration Examination prepared by CLARB or its successor and adopted by the Board as the licensing examination to be used in determining a Candidate's qualifications to practice landscape architecture.
"Landscape Architect" means an individual licensed to practice landscape architecture in Oklahoma.
"Landscape Architect of Record" means a Licensee currently licensed as a Landscape Architect and in good standing with this Board, that has met statutory and OAC 55:10 requirements, who is directly responsible to the Board for the firm practice, filings, paying all fees and penalties, and submitting all documents.
"License" means License to practice architecture, landscape architecture, or licensed interior design issued by the Board and permission to use the title Architect, Landscape Architect, or Licensed Interior Designer.
"Licensed Interior Designer" means an individual licensed to practice licensed interior design in Oklahoma.
"Licensed Interior Designer of Record" means a Licensed Interior Designer in good standing with this Board, that has met statutory and OAC 55:10 requirements, and who is directly responsible to the Board for the activities, filings, paying all fees and penalties, and submitting all documents for the Entity having been issued a Certificate of Authority to practice licensed interior design.
"Licensed services" means the practice of or offer to practice architecture, landscape architecture, or licensed interior design in Oklahoma.
"Licensee" means an Architect, Landscape Architect, or Licensed Interior Designer that practices architecture, landscape architecture, or licensed interior design.
"NAAB" means the National Architectural Accrediting Board or its successor.
"NASAD" means the National Association of the Schools of Art and Design or its successor.
"NCARB" means National Council of Architectural Registration Boards or its successor.
"NCIDQ" means the current National Council of Interior Design Qualification exam, prepared by CIDQ or its successor and adopted by this Board used in determining a Candidate's qualifications for licensure as a Licensed Interior Designer.
"Professional Consultant" means an individual or firm, exhibiting subject matter expertise in the applicable field, retained by an Architect, Landscape Architect, or Licensed Interior Designer who prepares or assists in the preparation of technical design documents issued by the Licensee for use in connection with their technical submissions.
"Prototypical Building" means any commercial building or space within a commercial building that is intended to be constructed in multiple locations and which conveys an owner's intended uniform business program, plan or image.
"Prototypical Plans" means plans for prototypical buildings that are prepared by and under the responsible control of an architect licensed in any jurisdiction in the United States for use in the State of Oklahoma.
"Reciprocal License" means a License granted by the Board to an individual to practice architecture, landscape architecture, or licensed interior design and granting use of the term Architect, Landscape Architect, or Licensed Interior Designer or any derivation of the word based on a current License in good standing in another jurisdiction meeting the requirements for licensing in this State.
"Registered Interior Designer" or "Registered Commercial Interior Designer" means an individual previously registered by the Board to use the title.
"Rules" means this Oklahoma Administrative Code, Title 55, Chapter 10 Rules.
"Sole proprietorship" means the only owner of a firm, licensed as an individual bythe Board.
"UNE" means the former Landscape Architect licensing examination, prepared by CLARB and adopted by the Board as the licensing examination.
SUBCHAPTER 5. APPLICATION AND ELIGIBILITY FOR LICENSING
55:10-5-8. Qualifications for a Landscape Architect License [AMENDED]
(a) Qualifications for licensure. To obtain a license to practice landscape architecture, an applicant must:
(1) Education: Either hold a degree in landscape architecture accredited by the Landscape Architectural Accreditation Board (LAAB), Canadian Society of Landscape Architects Accreditation Council (LAAC), or their international equivalent; or satisfy the alternative education requirements as set forth in 55:10-5-8.1; and
(2) Experience: Have completed two (2) years of experience in the regulated practice of landscape architecture under the direct supervision of a licensed landscape architect or alicensed professional in a related field as set forth in 55:10-5-8.1; and
(3) Examination: Pass the licensure examination developed and administered by CLARB.
(b) State exam required. All Applicants shall take and pass an examination on the Act and these Rules and an examination on Oklahoma plant materials.55:10-5-8.1. Equivalent standards for landscape architectsExplanation of licensure requirements [AMENDED]
(a) Obtaining education and work experience. The eight years of education and experience must be documented and may be obtained in combination with education and/or work experience as outlined below:
(1) LAAB- or Landscape Architecture Accreditation Council-accredited Bachelor’s or Master’s degree in landscape architecture: six (6) years credit of education experience plus two (2) years of work experience.
(2) Non-accredited Bachelor’s degree in Landscape Architecture: four (4) years credit of education experience plus four (4) years of work experience.
(3) 2-Year non-accredited Master’s degree in Landscape Architecture: two (2) years credit of education experience plus six (6) years of work experience.
(4) 2-Year Certificate in Landscape Architecture: two (2) years credit of education experience plus six (6) years of work experience.
(5) Other Bachelor’s degree: two (2) years credit of education experience plus six (6) years of work experience.
(6) Other 2-year Master’s degree: one (1) year credit of education experience plus seven (7) years of work experience.
(7) 2-Year Associate’s degree: one (1) year credit of education experience plus seven (7) years of work experience.
(8) 2-Year certificate: one (1) year credit of education experience plus seven (7) years of work experience.
(9) No secondary degree: zero (0) years credit of education experience plus eight (8) years of work experience.
(b) Work experience requirements.
(1) Work experience credits must be gained in the following categories to ensure competency necessary to protect the public and the environment:
(A) Project and Construction Management: includes pre-project management, project management, bidding, construction, and maintenance;
(B) Inventory and Analysis: includes site inventory, physical analysis, and contextual analysis;
(C) Design: includes stakeholder process, master planning, and site design;
(D) Grading, Drainage, and Construction Documentation: includes site preparation plans, general plans and details, specialty plans, and specifications.
(2) To earn full work experience credits, an Applicant must work at least thirty-two (32) hours per week for a minimum of two consecutive months. A Candidate may earn one-half the credit specified for work of at least fifteen (15) hours per week for a minimum of four consecutive months.
(3) All work experience credits must be obtained while working under a licensed Landscape Architect, a licensed Architect, a civil engineer, or a credentialed urban planner.
(4) Work experience credits may also be earned by any person who works outside the U.S. or Canada if the person is under the Responsible Control of a person credentialed to practice landscape architecture, architecture, engineering or urban planning and the supervision person is not registered in a U.S. or Canadian jurisdiction.
(5) No credit used as an education credit may be used as a work experience credit.
SUBCHAPTER 7. EXAMINATION
55:10-7-1. Examination required for Candidates [AMENDED]
(a) Architect Candidates. All Architect Candidates are required to take the ARE exam, as developed by NCARB. Candidates with an accredited NAAB degree shall apply directly to NCARB to begin testing. Once all sections of the exam have been passed and 3740 AXP hours have been satisfied, Candidates shall submit an initial application for licensure with this Board. Candidates applying with equivalent standards are required to apply with this Board for approval prior to testing and must already be enrolled in AXP by establishing a council record with NCARB. For ADA testing accommodation a candidate must apply directly to NCARB.
(b) Landscape Architect Candidates. All Landscape Architect Candidates are required to take the LARE exam, as developed by CLARB and approved for administration on specific dates. Candidates with an accredited LAAB degree shall apply directly to CLARB to begin testing. Once all sections of the exam have been passed and the 3-year training requirement as stated in section 55:10-5-8 has have been satisfied, Candidates shall submit an initial application for licensure with the Board. Candidates applying with equivalent standards are required to apply with this Board for approval prior to testing and must establish a council record with CLARB. For ADA testing accommodation a candidate must apply directly to CLARB.
(c) Licensed Interior Design Candidates. All Candidates for licensure as a Licensed Interior Designer must take the NCIDQ exam, as developed by CIDQ. All Candidates shall apply directly to CIDQ to begin testing. Upon completing the examination and satisfying the training requirements as stated in section 55:10-5-10, the candidate shall submit an initial application for licensure with this Board. For ADA testing accommodation a candidate must apply directly to CIDQ.
[OAR Docket #26-513; filed 6-5-26]
TITLE 86. State Board of Behavioral Health Licensure
CHAPTER 10. LICENSED PROFESSIONAL COUNSELORS
[OAR Docket #26-451]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
86:10-1-2. Definitions [AMENDED]
Subchapter 7. Application Procedures
86:10-7-2. Application materials and forms [AMENDED]
Subchapter 9. Academic Requirements
86:10-9-1. Graduate hours and degrees required [AMENDED]
86:10-9-2. Knowledge area required [AMENDED]
Subchapter 11. Supervised Experience Requirement
86:10-11-3. Acceptability of supervised experience [AMENDED]
86:10-11-4. Supervisor qualifications [AMENDED]
86:10-11-5. Duration of supervision [AMENDED]
86:10-11-6. Documentation of supervised experience [AMENDED]
Subchapter 15. Licensure Examinations
86:10-15-2. Examinations required [AMENDED]
86:10-15-4. Application [AMENDED]
86:10-15-8. Failure to apply [AMENDED]
AUTHORITY:
State Board of Behavioral Health Licensure; Section 59 O.S. Section 1905 et. seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
August 15, 2025
COMMENT PERIOD:
September 15, 2025 through October 15, 2025
PUBLIC HEARING:
N/A
ADOPTION:
October 31, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
November 5, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026 by HJR 1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The following permanent rules interpret the Oklahoma Professional Counselor Licensure Act, (59 O.S. 1991, Sections 1901 et seq.)
CONTACT PERSON:
Eric Ashmore, Executive Director, State Board of Behavioral Health Licensure, 3815 N. Santa Fe., Suite 110, Oklahoma City, OK 73118, (405) 522-3696, Eric.Ashmore@bbhl.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
86:10-1-2. Definitions [AMENDED]
When used in this Chapter, the following words and/or terms shall have the following meaning unless the context clearly requires otherwise:
"On-site supervisor" means a person who may not be an approved LPC supervisor but is licensed by the state of Oklahoma as a Licensed Marital and Family Therapist, Licensed Professional Counselor, Licensed Behavioral Practitioner, Psychologist, Clinical Social Worker, Psychiatrist, or Licensed Alcohol and Drug Counselor employed by the agency employing the LPC Candidate whose assigned job duties include acting as the immediate supervisor to the LPC Candidate and who is available to the candidate at all times when counseling services are being rendered by the LPC Candidate.
"Act" means the Licensed Professional Counselors Act, 59 O.S. §§ 1901 et seq., as amended.
"Administrative Procedures Act" ("APA") means Article I and/or Article II of the Administrative Procedures Act, 75 O.S. §§ 250 et seq.
"Applicant" means a person who has made a formal application with the Board.
"Approved LPC Supervisor" ("Supervisor") means an individual who meets the qualifications to become an approved supervisor and is approved by the Board pursuant to Section 86:10-11-4 of this Chapter.
"Board" means the State Board of Behavioral Health Licensure.
"Complainant" means any person who files a Request for Inquiry against a LPC, Candidate, or a person who delivers licensed professional counseling services without a license.
"Complaint Committee" means one Board member who is a LPC, the Executive Director, the Assistant Attorney General and may include other appropriate individuals as determined by the Committee.
"Direct Client Contact Hours" means the performance of therapeutic or clinical functions that includes diagnosis, assessment and treatment of mental, emotional and behavioral disorders based primarily on verbal communications and intervention with, and in the presence of, one or more clients.
"Dual relationship" means a familial, social, financial, business, professional, close personal, sexual or other non-therapeutic relationship with a client, or engaging in any activity with another person that interferes or conflicts with the LPC's or LPC Candidate's professional obligation to a client.
"Employee" means in accordance with 26 U.S.C. § 3121 (d):
(A) Any officer of a corporation; or
(B) Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of employee.
"Face-to-face learning" means the delivery of graduate coursework or continuing education through instruction that is designed to deliver education to learners who are in the direct physical presence of the educator or designed to deliver education to learners through synchronous instructional delivery methods.
"Face-to-face supervision" means the Supervisor and the Candidate shall be in the physical presence of the other during individual or group supervision.
"Forensic services" means the application of knowledge, training and experience from the mental health field to the establishment of facts and/or the establishment of evidence in a court of law or ordered by a court of law.
"Formal Complaint" means a written statement of alleged violation(s) of the Act and/or Rules which is filed by the Assistant Attorney General. The Formal Complaint schedules an Individual Proceeding before the Board in accordance with 75 O.S. §309.
"Full time" means at least five (5) hours of on-the-job experience per week.
"Group supervision" means an assemblage of two (2) to six (6) Candidates.
"Home-study" or "technology-assisted distance learning" means the delivery of graduate coursework or continuing education through mailed correspondence or other distance learning technologies, which focuses on using asynchronous instructional delivery methods.
"Licensed Professional Counselor" ("LPC") means a person holding a current license issued pursuant to the provision of the Professional Counselor Licensure Act.
"Licensed Professional Counselor Candidate" ("Candidate") means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in 59 O.S. §1906.
"Licensure Committee" means two LPC Board members, the Executive Director, and may include other appropriate individuals as determined by the Committee.
"OAC" means the Oklahoma Administrative Code.
"On-the-job experience" means the performance of counseling activities as described in Section 1902 of the Act and 86:10-11-3 of the OAC and includes the application of mental health and developmental principles in order to facilitate human development and adjustment throughout the life span, prevent, diagnose or treat mental, emotional or behavioral disorders or associated distress which interfere with mental health; conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives; plan, implement or evaluate treatment plans using counseling treatment interventions; the application of cognitive, affective, behavioral and systemic counseling strategies which include principles of development, wellness, and pathology that reflect a pluralistic society. Such interventions are specifically implemented in the context of a professional counseling relationship; interpreting or reporting scientific fact or theory in counseling to provide assistance in solving current or potential problems of individuals, groups or organizations; the evaluating of data to identify problems and to determine the advisability of referral to other specialists; and reporting, designing, conducting or consulting on research in counseling, planning, designing, conducting, and reporting research only in a manner as published in Section G., Research and Publication, of the American Counseling Association (ACA) Code of Ethics, approved by the ACA Governing Council, 2005. (OAC 86: 10-3-2(e)).
"Request for Inquiry" ("RFI") means a written or oral statement of complaint from any person alleging possible violation(s) of the Act and/or Rules.
"Respondent" means the person against whom an Individual Proceeding is initiated.
"Semi-Annual" means every six (6) months.
"Staff" means the personnel of the Board.
"Technology-assisted supervision" refers to supervision that occurs through video teleconferencing, over secure internet connections, wherein a Supervisor and a Candidate are in separate physical locations.
SUBCHAPTER 7. APPLICATION PROCEDURES
86:10-7-2. Application materials and forms [AMENDED]
(a) Each application shall include the following documents:
(1) Application form,
(2) Official transcript(s),
(3) Internship/Practicum Documentation Form,
(4) Completed criminal background check, and
(5) Fees.
(b) The Application Form requires the following:
(1) Identifying information;
(2) Possession of other credentials;
(3) Previous misconduct;
(4) Education; and
(5) Proposed professional practice.
(c) The Internship/Practicum Documentation form requires the following:
(1) Identifying information; and
(2) Time, place, location of practicum.
(d) The Supervision Agreement requires identifying information of supervisee and supervisor as follows:
(4) Candidate's contact information;
(5) Signature of Candidate;
(6)(4) Name of Approved LPC Supervisor;
(7) Name of Approved LPC Supervisor's place of employment;
(8) LPC Approved Supervisor's contact information;
(9) Signature of LPC Approved Supervisor;
(10) Name of On-Site Supervisor;
(11) On-Site Supervisor's licensure information;
(12) Name of On-Site Supervisor's place of employment;
(13) On-Site Supervisor's contact information;
(14) Signature of On-Site Supervisor.
(1) Name of candidate;
(2) Name of candidate's place of employment;
(3) Location supervised experience hours are being accrued;
(e) The Verification of Academic Standing requires the following information:
(1) Name of applicant;
(2) Name of university;
(3) Name of graduate program;
(4) Name of degree;
(5) Total number of graduate coursework hours required to receive diploma;
(6) Date of graduation;
(7) Signature and signature date of applicant;
(8) Name of administrator and/or school official;
(9) Title/position of administrator and/or school official;
(10) Telephone number of administrator and/or school official;
(11) Email address of administrator and/or school official;
(12) Signature and signature date of administrator and/or school official.
SUBCHAPTER 9. ACADEMIC REQUIREMENTS
86:10-9-1. Graduate hours and degrees required [AMENDED]
Each applicant shall possess at least a master's degree in counseling, or a mental health related graduate degree deemed substantially content-equivalent. All graduate course work applied toward licensure shall be from a regionally accredited college or university recognized by the United States Department of Educationone of the following six regional accrediting associations: The New England Commission on Higher Education (NECHE), The Middle States Association of Colleges and Schools (MSCHE), The Higher Learning Commission (HLC), The Northwest Commission on Colleges and Universities (NWCCU); The WASC Senior College and University Commission (WSCUC), The Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), or their predecessors or successors. At least sixty (60) semester credit hours or ninety (90) quarter credit hours of graduate counseling-related course work, including internship, shall be earned. In order to be considered acceptable, the graduate degree(s) shall:
(1) follow a planned, sequenced mental health program of study which is reflected in the university catalog and approved by the governing authority of the college or university; be accredited by the Council for Accreditation of Counseling & Related Education Programs (CACREP); or
(2) be from a program deemed content-equivalent to the CACREP educational requirements as determined by the Board. The degree must include a program whose primary focus is clearly to prepare the applicant for a career in counseling; and be listed in the college or university catalog; or
(3) be from a non-CACREP approved program or a program that has not been deemed equivalent by the Board. The applicant must submit their educational credentials to the Board or the Board’s designated credentialing agency for evaluation and determination of whether the program satisfies the requirements of Subchapter 9. Applicants with degrees earned from institutions outside the United States must provide an acceptable comprehensive evaluation of the degree performed by a foreign credential evaluation service that is acceptable to the Board or the Board’s designated credentialing agency, and any other requirement(s) the Board deems necessary.be listed in the college or university catalog; or
(4) be accredited by the Council for Accreditation of Counseling & Related Education Programs (CACREP).
86:10-9-2. Knowledge area required [AMENDED]
(1) Human growth and life span development – at least one (1) course which deals with the process stages of human intellectual, physical, social and emotional development of any of the stages of life from prenatal through old age.
(2) Abnormal human behavior and diagnostic processes– at least one (1) course which offers a study of the principles of understanding dysfunction in human behavior or social disorganization.
(3) Appraisal/assessment techniques – at least two (2) coursescourse which deal with the principles, concepts and procedures of systematic appraisal, assessment, or interpretation of client needs, abilities, and characteristics, which may include the use of both testing and non-testing approaches.
(4) Counseling theories/methodsPractice and Relationships – at least two (2) coursescourse which surveysurveys the major theories and/or techniques of counseling., interviewing, attending, and listening skills in the counseling process, counseling strategies and techniques, application of technology to counseling, and/or critical thinking and reasoning strategies for clinical judgment.
(5) Professional counseling orientation orientation/ethics and ethical practice – at least one (1) course which deals primarily with the objectives of professional counseling organizations, codes of ethics, legal aspects of practice, standards of preparation and the role of persons providing direct counseling services., history and philosophy of the counseling profession, professional counseling credentialing, legislation and regulatory standards, and/or the role and process of the professional counselor.
(6) Research and program evaluation– at least one (1) course in the methods of social science or mental health research which includes the study of statistics or a thesis project in an area relevant to the practice of counseling.
(7) Practicum/internship – at least one (1) course of an organized practicum or internship with at least three hundred (300) clock hours in counseling with planned experiences providing classroom and field experience with clients under the supervision of college or university approved counseling professionals.
(8) Group counseling and group work - course that provides both theoretical and experiential understandings of group purpose, development, dynamics, theories, methods, skills, and other group approaches in a culturally diverse society, including issues of group counseling leadership, stages, skills, methods, and ethics issues.
(9) Career development - course that provides an understanding of career development and related life factors, as well as an overview of career development theories, program planning, educational planning, assessment techniques, and applied career counseling processes, including those applicable to specific populations in a global economy.
(10) Social and cultural identities and experiences - course that provides an understanding of the cultural context of relationships, issues, and trends in a culturally diverse society, including an overview of social and cultural theories, strategies, and roles to be applied by the pluralistic counselor to establish an environment for optimal client wellness and successful counseling outcomes.
SUBCHAPTER 11. SUPERVISED EXPERIENCE REQUIREMENT
86:10-11-3. Acceptability of supervised experience [AMENDED]
(a) Supervised experience is acceptable when it consists of the performance of counseling activities as described in Section 1902, of the Act under supervision as described below.
(1) Supervision shall focus on the raw data from a supervisee's continuing clinical practice, which may be available to the supervisor through a combination of direct observation, co-therapy, written clinical notes, and audio and video recordings.
(2) Supervision is a process clearly distinguishable from personal psychotherapy, and is contracted in order to serve professional/vocational goals.
(3) Individual supervision consists of face-to-face contact with one supervisor and one supervisee.
(4) Group supervision may be conducted with two (2) to six (6) supervisees and a supervisor.
(5) Technology-assisted supervision must be approved by the Board prior to the accrual of hours. Factors to be considered by the Board include: distance between approved supervisor and candidate; financial hardship on approved supervisor or candidate; physical hardship on approved supervisor or candidate; specialty credentials; and other pertinent factors.
(b) Supervised experience begins after all applicable academic requirements, as stated in LPC Regulations, Subchapter 9, have been completed.
(1) The LPC Candidate is an employee, as defined by 86:10-1-2, of the place of employment where supervised experience hours are being accrued same facility as a person licensed in the state of Oklahoma as a Licensed Professional Counselor, a Licensed Marital and Family Therapist, a Licensed Behavioral Practitioner, a Psychologist, a Psychiatrist, a Clinical Social Worker, or a Licensed Alcohol and Drug Counselor, whose assigned job duties include being immediately available to the LPC Candidate for supervision at any time the LPC Candidate is engaging in the practice of counseling or counseling-related services.
(2) The LPC Candidate is receiving supervision for licensure from an approved LPC supervisor who is not required to work at the same location as the LPC Candidate that has agreed to be immediately available to the LPC Candidate for supervision at any time the LPC Candidate is engaging in the practice of counseling or counseling-related services.
86:10-11-4. Supervisor qualifications [AMENDED]
(a) In order to be approved as a supervisor for counselors seeking LPC licensure, an individual must:
(3) An agreement to be "on call" to the supervisee on a twenty-four (24) hour basis and to arrange for an alternate supervisor if not available.
(4) After receipt of the LPC supervision agreement, LPC supervisor may be approved by the Board.
(5)(3) Approved LPC Supervisors are required to complete a minimum of three (3) clock hours of continuing education in counseling supervision each renewal period.
(6)(4) Approved Supervisor designation will not be renewed until the continuing education requirement is met for each missed renewal period.
(7)(5) If continuing education requirement is not met within five (5) years of expiration, approved supervisor status will be permanently expired and the LPC must re-apply and meet all requirements in this Subchapter, including the re-taking of 86:10-11-4(2)(A) or (B) to become an approved supervisor.
(8)(6) An active approved supervisor may request inactive status by submitting a request in writing to the Board. An inactive approved supervisor shall not provide any activities described in Subchapter 11 of this Chapter.
(9)(7) An inactive approved supervisor may reactivate by submitting the required counseling supervision continuing education due by the end of the current renewal period.
(10)(8) An active approved supervisor status may be retired by informing the Board in writing. A retired approved supervisor status shall not be reinstated but does not prevent a person from applying for approved supervisor status at a future date.
(11)(9) No re-application for a revoked approved supervisor status, as a result of administrative proceeding, shall be considered for a period of five (5) years following the revocation.
(1) be an Approved Clinical Supervisor (ACS) by the National Board for Certified Counselors familiar with Oklahoma LPC Act and Rules duly promulgated, or
(2) be a Licensed Professional Counselor who has practiced in positions relevant to those the LPC proposes to supervise for two (2) years beyond the date of issue of the Oklahoma license.
(A) an LPC who has successfully completed a graduate course in counselor supervision of at least forty-five (45) contact hours or equivalent course of study acceptable to the Board. This equivalent course of study shall consist of workshops in counseling supervision in combination with directed study of counseling supervision literature. Fifteen (15) of the forty-five (45) contact hours shall be in a class or workshop format which includes four (4) supervisors-in-training; the other thirty (30) contact hours shall be reserved for directed study, and
(B) an LPC who has passed the Oklahoma Legal and Ethical Responsibilities Examination.
(b) Effective October 1, 2015, a supervisor may not supervise more than a total of twelve (12) candidates for licensure at a time. A supervisor who wants to supervise more than twelve (12) candidates must petition the Board for approval for each person above the maximum number. The petitions will be determined on a case-by-case basis depending on the circumstances of the request.
86:10-11-5. Duration of supervision [AMENDED]
(a) Three (3) years or three-thousand (3000) clock hours of full time, on-the-job experience, which is supervised by an approved LPC supervisor, shall be completed. Included in the three-thousand (3000) clock hours of full time, on-the-job experience, a minimum of one-thousand (1000) hours shall be from direct client contact and one-hundred (100) hours shall be from face-to-face or technology-assisted supervision.
(b) "Full time" means at least five (5) hours per week.
(c) Weekly, face-to-face supervision or technology-assisted supervision shall be accrued under a Board approved LPC supervisor at a minimum of forty-five (45) minutes of supervision every week.
(d) "Group supervision" means an assemblage of counseling supervisees consisting of two (2) to six (6) members.
(e) One (1) or two (2) years of supervised experience may be gained at the rate of one (1) year for each thirty (30) graduate semester credit hours or forty-five (45) graduate quarter credit hours in counseling-related course work earned beyond the master's degree, provided that such hours are clearly related to the field of counseling and are acceptable to the Board.
(f) Regardless of the number of hours earned beyond the master's degree, the LPC supervisee shall receive at least one (1) year or one-thousand (1000) clock hours of supervisionas described in subchapter 11, section 86:10-11-5(a-d).
(g) If an applicant completes the supervised experience requirement, the applicant shall continue to practice under LPC supervision as described in this subchapter, unless exempted by the Act, until licensed.
(h) Applicants shall complete supervised experience requirements within sixty (60) months of the date of the approval of the first supervision agreement or the application shall be voided.
86:10-11-6. Documentation of supervised experience [AMENDED]
(a) The supervisor and supervisee shall sign and submit the "Evaluation of Supervised Experience," including documentation of observations and date of consultation between approved supervisor and on-site supervisor, semi-annually beginning as of the date of the approval of the first supervision agreement.
(b) Evaluation of Supervised Experience document shall include the following:
(1) Identifying information;
(2) Time, place and duration of supervised experience;
(3) Percentage of time spent in different counseling activities;
(4) Supervisor's rating of professional activity;
(5) Supervisor's comment section; and
(6) Record of supervised experience.
(c) Any Evaluation of Supervised Experience form submitted beyond 60 days of the semi-annual due date will not be credited towards the duration of supervision as described in 86:10-11-5.
(d) Supervised experience shall be reported in quarter credit hours.
SUBCHAPTER 15. LICENSURE EXAMINATIONS
86:10-15-2. Examinations required [AMENDED]
Each applicant shall take two examinations:
(1) The National Counselor Examination (NCE)for Certification and Licensure or another equivalent examination as determined by the Board; and
(2) The Oklahoma Legal and Ethical Responsibilities Examination (OLERE).86:10-15-4. Application [AMENDED]
(a) The Board shall mailsend notification of eligibility to sit for examinations to the last known address of applicant.
(b) Upon receiving test eligibility letternotification from the Board, applicant shall submit examination registration materials and fees to the Board's designee.
(c) An applicant's eligibility to sit for the Oklahoma Legal and Ethical Responsibilities Examination shall be valid once the application has been Board approved.
86:10-15-8. Failure to apply [AMENDED]
The application of a person who fails to apply for, sit for, and successfully pass the National Counselor ExaminationNCE or another equivalent examination as determined by the Board or the OLERE, within the two-year eligibility period, after the applicant has been mailedsent notification at last known address in writing of his/her eligibility for examination, shall be voided and the applicant shall be mailedsent notification at last known address.
[OAR Docket #26-451; filed 6-2-26]
TITLE 86. State Board of Behavioral Health Licensure
CHAPTER 15. LICENSED MARITAL AND FAMILY THERAPISTS
[OAR Docket #26-453]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
86:15-1-3. Definitions [AMENDED]
Subchapter 5. Application for Licensure
86:15-5-2. Application procedures [AMENDED]
86:15-5-3. Academic and experience requirements [AMENDED]
Subchapter 9. Supervised Experience Requirements
86:15-9-2. Acceptable supervised experience [AMENDED]
86:15-9-4. Duration of supervised experience [AMENDED]
86:15-9-5. Documentation of supervised experience [AMENDED]
AUTHORITY:
State Board of Behavioral Health Licensure; Section 59 O.S. Section 1905 et. seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
August 15, 2025
COMMENT PERIOD:
September 15, 2025 through October 15, 2025
PUBLIC HEARING:
N/A
ADOPTION:
October 31, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
November 5, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The following permanent rules interpret the Oklahoma Marital and Family Therapist Licensure Act, (59 O.S. 1991, Sections 1901 et seq.)
CONTACT PERSON:
Eric Ashmore, Executive Director, State Board of Behavioral Health Licensure, 3815 N. Santa Fe., Suite 110, Oklahoma City, OK 73118, (405) 522-3696, Eric.Ashmore@bbhl.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
86:15-1-3. Definitions [AMENDED]
When used in this Chapter, the following words or terms shall have the following meaning unless the context of the sentence requires another meaning:
"On-site supervisor" means a person who may not be an approved LMFT supervisor but is licensed in the State of Oklahoma as a Licensed Marital and Family Therapist, Licensed Professional Counselor, Licensed Behavioral Practitioner, Psychologist, Clinical Social Worker, Psychiatrist, or Licensed Alcohol and Drug Counselor employed by the agency employing the LMFT Candidate whose assigned job duties include acting as the immediate supervisor to the LMFT Candidate and who is available to the candidate at all times when counseling services are being rendered by the LMFT Candidate.
"Act" means the Marital and Family Therapist Licensure Act, 59 O.S. §§ 1925.1 et seq., as amended.
"Approved LMFT supervisor" ("Supervisor") means an individual who meets the qualifications to become an approved supervisor and is approved by the Board as set forth in Section 86:15-9-3 of this Chapter.
"Board" means the State Board of Behavioral Health Licensure.
"Complainant" means any person who files a Request for Inquiry against a LMFT, Candidate, or a person who delivers marital and/or family therapy without a license.
"Complaint Committee" means one Board member who is a LMFT, the Executive Director, the Assistant Attorney General and may include other appropriate individuals as determined by the Committee.
"Direct Client Contact Hours" means the performance of therapeutic or clinical functions that includes diagnosis, assessment and treatment of mental, emotional and behavioral disorders based primarily on verbal communications and intervention with, and in the presence of, one or more clients.
"Employee" means in accordance with 26 U.S.C. § 3121 (d),:
(A) Any officer of a corporation; or
(B) Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of employee.
"Extra therapeutic relationship" means a familial, social, financial, business, professional, close personal, sexual or other non therapeutic relationship with a client, or engaging in any activity with another person that interferes or conflicts with the LMFT's or LMFT Candidate's professional obligation to a client.
"Face-to-Face learning" means the delivery of graduate coursework or continuing education through instruction that is designed to deliver education to learners who are in the direct physical presence of the educator or designed to deliver education to learners through synchronous instructional delivery methods.
"Face-to-face supervision" means the Supervisor and the Candidate shall be in the physical presence of the other during individual or group supervision.
"Forensic services" means the application of knowledge, training and experience from the mental health field to the establishment of facts and/or the establishment of evidence in a court of law or ordered by a court of law.
"Formal Complaint" means a written statement of alleged violation(s) of the Act and/or Rules which is filed by the Assistant Attorney General. The Formal Complaint schedules an Individual Proceeding before the Board in accordance with 75 O.S. §309.
"Full time" means at least five (5) hours of on-the-job experience per week.
"Group supervision" means an assemblage of three (3) to six (6) Candidates.
"Home-study" or "technology-assisted distance learning" refers to means the delivery of graduate coursework or continuing education through mailed correspondence or other distance learning technologies, which focuses on asynchronous instructional delivery methods.
"Licensed marital and family therapist" or "LMFT" or "Licensee" means a person holding a current license issued pursuant to the provisions of the Marital and Family Therapist Licensure Act;
"Licensed marital and family therapist candidate" ("Candidate") means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in 59 O.S. §1925.6;
"Licensure Committee" means two LMFT Board members, the Executive Director, and may include other appropriate individuals as determined by the Committee.
"OAC" means the Oklahoma Administrative Code.
"On-the-job experience" means the performance of marital and family therapy as described in Section 1925.2 of the Act and includes the application of assessment, diagnosis and treatment of disorders, whether cognitive, affective, or behavioral, within the context of marital and family systems. Marital and family therapy involves the professional application of family systems theories and techniques in the delivery of services to individuals, marital pairs, and families for the purpose of treating such disorders
"Request for Inquiry" ("RFI") means a written or oral statement of complaint from any person alleging possible violation(s) of the Act and/or Rules.
"Respondent" means the person against whom an Individual Proceeding is initiated.
"Semi-Annual" means every six (6) months.
"Staff" means the personnel of the Board.
"Supervised relational contact" means clinical contact with two or more members of the relational system present in the session.
"Technology-assisted supervision" refers to supervision that occurs through video teleconferencing, over secure internet connections, wherein a Supervisor and a Candidate are in separate physical locations.
SUBCHAPTER 5. APPLICATION FOR LICENSURE
86:15-5-2. Application procedures [AMENDED]
(a) General.
(1) The purpose of this section is to insure that all applicants meet those requirements specified in Section 1925.6 of the Act.
(2) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on official Board forms.
(3) The Board will not consider an application as officially submitted until receipt of the Application, application fee, official graduate transcripts, Internship/Practicum Documentation Form, and completed criminal background check. The fee must accompany the Application Form.
(b) Application materials. The purpose of this section is to list the materials required in the application process. All documents must be completed in full by the applicant:
(1) Application form.
(2) Official transcript,
(3) Internship/practicum Documentation Form.
(4) Completed criminal background check, and
(5) Application Fee.
(c) Application forms.
(D) Candidate's contact information;
(E) Signature of Candidate;
(F)(D) Name of Approved LMFT Supervisor;
(G) Name of Approved LMFT Supervisor's place of employment;
(H) LMFT Approved Supervisor's contact information;
(I) Signature of LMFT Approved Supervisor;
(J) Name of On-Site Supervisor;
(K) On-Site Supervisor's licensure information;
(L) Name of On-Site Supervisor's place of employment;
(M) On-Site Supervisor's contact information;
(N) Signature of On-Site Supervisor.
(1) Application form - identifying information; graduate education and course work; possession of other credentials; professional ethics and conduct.
(2) Internship/Practicum Documentation Form - identifying information; time, place, location of practicum
(3) Supervision Agreement - supervisor and supervisee agree to terms set forth for the accrual of supervised experience; requires identifying information of supervisee and supervisor as follows:
(A) Name of candidate;
(B) Name of candidate's place of employment;
(C) Location supervised experience hours are being accrued;
(4) Evaluation of Supervised Experience document - identifying information; time, place and duration of supervised experience; number of hours of direct client contact with different populations; supervisor's rating of professional activity; supervisor's comment section, and record of supervised experience.
(5) Completed criminal background check.
86:15-5-3. Academic and experience requirements [AMENDED]
(a) Fulfillment of Section 1925.6, subsection B of the LMFT Act.
Persons applying for licensure must have fulfilled the requirements listed in Section 1925.6, Subsection B of the LMFT Act.
(b) Academic requirements. Applicants must possess at least a masters degree in marital and family therapy or in a mental health, behavioral science, or counseling related field from a college or university regionally accredited by one of the following six regional accrediting associations recognized by the U.S. Department of Education: The New England Association of Schools and Colleges, The Middle States Association of Colleges and Schools, The North Central Association of Colleges and Schools, The Northwestern Association of Schools and Colleges; The Western Association of Schools and Colleges, or The Southern Association of Colleges and SchoolsThe New England Commission on Higher Education (NECHE), The Middle States Association of Colleges and Schools (MSCHE), The Higher Learning Commission (HLC), The Northwest Commission on Colleges and Universities (NWCCU); The WASC Senior College and University Commission (WSCUC), The Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), or their predecessors or successors, which is content-equivalent to a graduate degree in marital and family therapy. or;
(c) Degree requirements. Applicants must possess at least a masters degree in marital and family therapy or in a mental health, behavioral science, or counseling related field from a degree program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE). In order to be considered acceptable, the graduate degree(s) shall:
(1) be accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); or
(2) be from a program deemed content-equivalent to the COAMFTE educational requirements as determined by the Board. The degree must include a program whose primary focus is clearly to prepare the applicant for a career in family therapy and be listed in the college or university catalog; or
(3) be from a non-COAMFTE approved program or a program that has not been deemed equivalent by the Board. The applicant must submit their educational credentials to the Board or the Board’s designated credentialing agency for evaluation and determination of whether the program satisfies the requirements of Subchapter 5. Applicants with degrees earned from institutions outside the United States must provide an acceptable comprehensive evaluation of the degree performed by a foreign credential evaluation service that is acceptable to the Board or the Board’s designated credentialing agency, and any other requirement(s) the Board deems necessary.
(d) Coursework requirements. In order to qualify as a "content-equivalent" degree, a graduate transcript must document the minimum number of graduate hours and knowledge areas listed below. Academic courses, (three 3(3) semester hours or 4four (4) quarter credit hours), must include a minimum of 45 class hours for each course.
(1) Theoretical Foundations of Marital and Family Systems – anyat lease three (3) coursecourses which deals primarily inwith one or more of the following areas such as: family life cycle; theories of family development; marriage and/or the family; sociology of the family; families under stress; the contemporary family; family in a social context; the cross-cultural family; youth/adult/aging and the family; family subsystems; individual, interpersonal relationships (marital, parental, sibling). (3 courses: 9 semester or 12 quarter hours.)
(2) Assessment and Treatment in Marital and Family Therapy -anyat least three (3) coursecourses which deals primarily inwith one or more of the following areas such as: family therapy methodology; family assessment; treatment and intervention methods; overview of major clinical theories of marital and family therapy such as: communications, contextual, experiential, object relations, strategic, structural, systemic, transgenerational. (3 courses: 9 semester or 12 quarter hours.)
(3) Human Development – anyat least three (3) coursecourses which deals primarily in with one or more of the following areas such as: human development; personality theory; human sexuality, psychopathology;. atAt least one (1) of whichcourse must be in psychopathology or abnormal human behavior. (3 courses: 9 semester or 12 quarter hours.)
(4) Ethics and Professional Studies – anyat least one (1) course which deals primarily inwith one or more of the following areas such as: professional socialization and the role of the professional organization; legal responsibilities and liabilities; independent practice and interprofessional cooperation; ethics; family law. (1 course: 3 semester or 4 quarter hours.)
(5) Research – anyat least one (1) course which deals primarily inwith one or more of the following areas such as: research design, methods, statistics; research in marital and family studies and therapy. (1 course: 3 semester or 4 quarter hours.)
(6) Practicum/Internship at least one (1) course of an organized practicum or internship with at least three hundred (300) clock hours in marital and family therapy with planned experiences providing classroom and field experience with clients under the supervision of college or university approved marital and family therapy professionals.
(1) Applicants must complete two (2) calendar years of work in marital and family therapy following the receipt of the qualifying degree.
(2) These two years must be completed under a supervisor approved by the Board.
SUBCHAPTER 9. SUPERVISED EXPERIENCE REQUIREMENTS
86:15-9-2. Acceptable supervised experience [AMENDED]
Supervised experience is acceptable when:
(E) technology-assisted supervision must be approved by the Board prior to the accrual of hours. Factors to be considered by the Board include: distance between approved supervisor and candidate; financial hardship on approved supervisor or candidate; physical hardship on approved supervisor or candidate; specialty credentials; and other pertinent factors.
who is not required to work at the same location as the LMFT Candidate that has agreed to be immediately available to the LMFT Candidate for supervision at any time the LMFT Candidate is engaging in the practice of marital and family therapy or marital and family therapy-related services.
(1) it begins after all applicable academic requirements as stated in Subchapter 5 have been completed, verification of Oklahoma LMFT Examination passing score and National Examination passing score has been received by the Board, and supervision agreement has been approved by the Board.
(2) official application for licensure has been made. This includes Application, application fee, Internship/Practicum Documentation Form, official graduate transcript, completed criminal background check,, and Supervision Agreement. Applicants who have met part or all of supervision experience requirements for clinical membership in AAMFT will be considered to have met part or all of the supervision requirements for licensure in Oklahoma.
(3) it consists of the performance of therapy activities as described in Section 1925.2, subsection 7 and 9 of the LMFT Act and contains the following characteristics:
(A) supervision focuses on the raw data from a supervisee's continuing clinical practice, which may be available to the supervisor through a combination of direct observation, co-therapy, written clinical notes, and audio and video recordings and the LMFT Act and Regulations.
(B) supervision is a process clearly distinguishable from personal psychotherapy, and is contracted in order to serve professional/vocational goals.
(C) individual supervision or technology-assisted supervision shall be face-to-face with one (1) supervisor and one (1) or two (2) supervisees.
(D) group supervision or technology-assisted supervision may include three (3) to six (6) supervisees and a supervisor.
(4) supervised experience hours may be accrued in academic, governmental, or private practice settings.
(5) the supervised experience is accrued in a private for-profit or private not-for-profit therapy setting, only if:
(A)The LMFT Candidate is an employee, as defined by 86:15-1-3, of the place of employment where supervised experience hours are being accruedsame facility as a person licensed in the state of Oklahoma as a Licensed Professional Counselor, a Licensed Marital and Family Therapist, a Licensed Behavioral Practitioner, a Psychologist, a Psychiatrist, a Clinical Social Worker, or a Licensed Alcohol and Drug Counselor, whose assigned job duties include being immediately available to the LMFT Candidate for supervision at any time the LMFT Candidate is engaging in the practice of therapy or therapy-related services.
(B)The LMFT Candidate is receiving supervision for licensure from an approved LMFT supervisor86:15-9-4. Duration of supervised experience [AMENDED]
(a) Three thousand (3000) clock hours of full time on-the-job experience, which is supervised by an approved LMFT supervisor, shall be completed. Work experience under supervision must extend over a minimum of 24 months. Included in the three thousand (3000) clock hours of full time on-the-job experience, a minimum of one thousand (1000) hours shall be from direct client contact, two hundred and fifty (250) hours shall be from supervised relational contact, one hundred (100) hours must be face-to-face or technology-assisted supervision.
(b) Weekly, face-to-face supervision or technology-assisted supervision shall be accrued under a Board approved LMFT supervisor at a minimum of forty-five (45) minutes of supervision every week.
86:15-9-5. Documentation of supervised experience [AMENDED]
(a) An LMFT Supervision Agreement between supervisor and supervisee must be received and approved by the Board prior to the accrual of supervision hours.
(b) The supervisor and supervisee shall sign and submit the "Evaluation of Supervised Experience," including documentation of observations and date of consultation between approved supervisor and on-site supervisor, semi-annually beginning as of the date of the approval of the first supervision agreement.
(c) Any Evaluation of Supervised Experience form submitted beyond 60 days of the semi-annual due date will not be credited towards the duration of supervision as described in 86:15-9-5(b).
(d) Supervised experience shall be reported in quarter credit hours.
(e) Supervisors shall maintain supervision records for at least seven (7) years beyond termination of supervision.
[OAR Docket #26-453; filed 6-2-26]
TITLE 86. State Board of Behavioral Health Licensure
CHAPTER 20. LICENSED BEHAVIORAL PRACTITIONERS
[OAR Docket #26-454]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
86:20-1-2. Definitions [AMENDED]
Subchapter 3. Forms
86:20-3-2. Description of forms [AMENDED]
Subchapter 11. Academic Requirements
86:20-11-1. Graduate degree requirements [AMENDED]
Subchapter 13. Supervised Experience Requirement
86:20-13-2. Duration of supervision [AMENDED]
86:20-13-5. Acceptability of supervised experience [AMENDED]
86:20-13-6. Supervisor qualifications [AMENDED]
86:20-13-7. Documentation of supervised experience [AMENDED]
AUTHORITY:
State Board of Behavioral Health Licensure; Section 59 O.S. Section 1905 et. seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
August 15, 2025
COMMENT PERIOD:
September 15, 2025 through October 15, 2025
PUBLIC HEARING:
N/A
ADOPTION:
October 31, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
November 4, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026 by HJR 1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The following permanent rules interpret the Oklahoma Behavioral Practitioner Licensing Act, (59 O.S. 1991, Sections 1901 et seq.)
CONTACT PERSON:
Eric Ashmore, Executive Director, State Board of Behavioral Health Licensure, 3815 N. Santa Fe., Suite 110, Oklahoma City, OK 73118, (405) 522-3696, Eric.Ashmore@bbhl.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
86:20-1-2. Definitions [AMENDED]
When used in this Chapter, the following words or terms shall have the following meaning unless the context of the sentence requires another meaning:
"On-site supervisor" means a person who may not be an approved LBP supervisor but is licensed by the state of Oklahoma as a Licensed Marital and Family Therapist, Licensed Professional Counselor, Psychologist, Clinical Social Worker, Psychiatrist, or Licensed Alcohol and Drug Counselor employed by the agency employing the LBP Candidate whose assigned job duties include acting as the immediate supervisor to the LBP Candidate and who is available to the candidate at all times when behavioral health services are being rendered by the LBP Candidate.
"Act" means the Behavioral Practitioner Act, 59 O.S. §§ 1930 et seq., as amended.
"Administrative Procedures Act" ("APA") means Article I and/or Article II of the Administrative Procedures Act, 75 O.S. §§ 250 et seq.
"Board" means the State Board of Behavioral Health Licensure.
"Complainant" means any person who files a Request for Inquiry against a LBP, Candidate, or a person who delivers behavioral health services without a license.
"Complaint Committee" means one Board member who is a LBP, the Executive Director, the Assistant Attorney General and may include other appropriate individuals as determined by the Committee.
"Direct Client Contact Hours" means the performance of therapeutic or clinical functions that includes diagnosis, assessment and treatment of mental, emotional and behavioral disorders based primarily on verbal communications and intervention with, and in the presence of, one or more clients.
"Dual relationship" means a familial, social, financial, business, professional, close personal, sexual or other non-therapeutic relationship with a client, or engaging in any activity with another person that interferes or conflicts with the LBP's professional obligation to a client.
"Employee" means in accordance with 26 U.S.C. § 3121 (d),:
(A) Any officer of a corporation; or
(B) Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of employee.
"Face-to-Face learning" means the delivery of graduate coursework or continuing education through instruction that is designed to deliver education to learners who are in the direct physical presence of the educator or designed to deliver education to learners through synchronous instructional delivery methods.
"Face-to-face supervision" means the supervisor and the supervisee shall be in the physical presence of the other during supervision.
"Formal Complaint" means a written statement of alleged violation(s) of the Act and/or Rules which is filed by the Assistant Attorney General. The Formal Complaint schedules an Individual Proceeding before the Board in accordance with 75 O.S. §309.
"Full time practice" means working at least five (5) hours per week.
"Group supervision" means an assemblage of two (2) to six (6) Candidates.
"Hearing" means the process followed by the Board to provide Due Process to a licensee respondent in an individual proceeding.
"Home-study" or "technology-assisted distance learning" means the delivery of graduate coursework or continuing education through mailed correspondence or other distance learning technologies, which focuses on using asynchronous instructional delivery methods.
"Individual Proceeding" means the formal process by which the Board takes administrative action against a person licensed or certified by the Board in accordance with the APA and the Act.
"Licensed behavioral practitioner" or "LBP" or "Licensee" means any person who offers professional behavioral health services to any person and is licensed pursuant to the provisions of the Licensed Behavioral Practitioner Act. The term shall not include those professions exempted by Section 1932 of this title;
"Licensed behavioral practitioner candidate" or "LBP Candidate" or "Candidate" means a person whose application for licensure has been accepted and who is under supervision for licensure as provided in Section 1935 of this title;
"Licensure Committee" means two LBP Board members, the Executive Director, and may include other appropriate individuals as determined by the Committee.
"OAC" means the Oklahoma Administrative Code.
"On-the-job experience" means the performance of behavioral health services as described in Section 1931 of the Act and includes the application of the scientific components of psychological and mental health principles in order to facilitate human development and adjustment throughout the life span, prevent, diagnose, or treat mental, emotional, or behavioral disorders or associated distress which interfere with mental health, conduct assessments or diagnoses for the purpose of establishing treatment goals and objectives, plan, implement, or evaluate treatment plans using behavioral treatment interventions, the application of empirically validated treatment modalities, including, but not limited to, operant and classical conditioning techniques, adherence/compliance methods, habit reversal procedures, cognitive behavior therapy, biofeedback procedures and parent training. Such interventions are specifically implemented in the context of a professional therapeutic relationship, interpreting or reporting scientific fact or theory in behavioral health to provide assistance in solving current or potential problems of individuals, groups, or organizations; means reporting, designing, conducting, or consulting on research in behavioral health services
"Request for Inquiry" ("RFI") means a written or oral statement of complaint from any person alleging possible violation(s) of the Act and/or Rules.
"Respondent" means the person against whom an individual proceeding is initiated.
"Semi-Annual" means every six (6) months.
"Staff" means the personnel of the Board.
"Technology-assisted supervision" refers to supervision that occurs through video teleconferencing, over secure internet connections, wherein a Supervisor and a Candidate are in separate physical locations.
SUBCHAPTER 3. FORMS
86:20-3-2. Description of forms [AMENDED]
(a) The Application Form requires the following:
(1) Identifying information of applicant;
(2) Possession of other credentials;
(3) Previous misconduct;
(4) Education;
(5) References; and
(6) Proposed professional Practice.
(b) The Internship/Practicum Documentation Form requires the following:
(1) Identifying information of applicant;
(2) Place, time, duration and nature of supervised experience;
(3) School arranging supervision and name of supervisor; and,
(4) Signature and title of supervisor.
(c) The Supervision Agreement requires identifying information of supervisee and supervisor as follows:
(4) Candidate's contact information;
(5) Signature of Candidate;
(6)(4) Name of Approved LBP Supervisor;
(7) Name of Approved LBP Supervisor's place of employment;
(8) LBP Approved Supervisor's contact information;
(9) Signature of LBP Approved Supervisor;
(10) Name of On-Site Supervisor;
(11) On-Site Supervisor's licensure information;
(12) Name of On-Site Supervisor's place of employment;
(13) On-Site Supervisor's contact information;
(14) Signature of On-Site Supervisor.
(1) Name of candidate;
(2) Name of candidate's place of employment;
(3) Location supervised experience hours are being accrued;
(d) The Evaluation of Supervised Experience Form requires the following:
(1) Names of supervisee and supervisor;
(2) Name and location of supervision site;
(3) Duration of work experience and supervision;
(4) Types of professional activities and clients seen;
(5) Rating of quality of professional activities;
(6) Supervisor and supervisee comments; and
(7) Signatures of supervisee and supervisor.
(e) The Verification of Academic Standing requires the following information:
(1) Name of applicant;
(2) Name of university;
(3) Name of graduate program;
(4) Name of degree;
(5) Total number of graduate coursework hours required to receive diploma;
(6) Date of graduation;
(7) Signature and signature date of applicant;
(8) Name of administrator and/or school official;
(9) Title/position of administrator and/or school official;
(10) Telephone number of administrator and/or school official;
(11) Email address of administrator and/or school official;
(12) Signature and signature date of administrator and/or school official.
SUBCHAPTER 11. ACADEMIC REQUIREMENTS
86:20-11-1. Graduate degree requirements [AMENDED]
(a) Pursuant to the Act, all applicants shall possess at least a masters degree from a program in psychology from a regionally accredited college or university recognized by one of the following six regional accrediting associations: The New England Commission on Higher Education (NECHE), The Middle States Association of Colleges and Schools (MSCHE), The Higher Learning Commission (HLC), The Northwest Commission on Colleges and Universities (NWCCU); The WASC Senior College and University Commission (WSCUC), The Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), or their predecessors or successors.
(b) The program must be intended to prepare a scientist-practitioner in the field of psychology at the masters level and meet all the following criteria:
(1) The masters program must be clearly identified as a psychology program. Such a program must specify in a pertinent institutional catalogue, its intent to educate and train students in the field of psychology at the masters level;
(2) The pertinent institutional catalogue must state the structure and content of the curriculum of the program; and
(3) The program must have faculty who hold graduate degrees in psychology or closely related fields.
(c) The academic requirements set forth in the Act must be completed before a person applies for licensureThe applicant must submit their educational credentials to the Board or the Board’s designated credentialing agency for evaluation and determination of whether the program satisfies the requirements of Subchapter 20. Applicants with degrees earned from institutions outside the United States must provide an acceptable comprehensive evaluation of the degree performed by a foreign credential evaluation service that is acceptable to the Board or the Board’s designated credentialing agency, and any other requirement(s) the Board deems necessary.
SUBCHAPTER 13. SUPERVISED EXPERIENCE REQUIREMENT
86:20-13-2. Duration of supervision [AMENDED]
(a) Each applicant shall complete three (3) years or three-thousand (3000) clock hours of full time, on-the-job experience, which is supervised by an approved LBP supervisor. Included in the three-thousand (3000) clock hours of full time, on-the-job experience, a minimum of one-thousand (1000) hours shall be from direct client contact and one hundred (100) hours shall be from face-to-face or technology-assisted supervision.
(d) Approved supervisors shall perform at least two (2) observations (live or tape) per each six (6) month evaluation period for each supervisee.
(e) Approved supervisors shall consult with supervisor at least once during each six (6) month evaluation period for each supervisee.
(b) Weekly, face-to-face supervision or technology-assisted supervision shall be accrued under a Board approved LBP supervisor at a minimum of forty-five (45) minutes of supervision every week.
(c) One (1) or two (2) years of supervised experience may be gained at the rate of one (1) year for each thirty (30) graduate hours in behavioral health services-related course work earned beyond the minimum number of required graduate semester hours, provided that such hours are clearly related to the field of psychology or behavioral sciences and are acceptable to the Board.
(1) Regardless of the number of hours earned beyond the minimum number of required graduate semester hours, the LBP Candidate shall receive at least one (1) year or one thousand (1000) clock hours of supervisionas described in subchapter 13, section 86:20-13-2 (a-b).
(2) If an LBP Candidate completes the supervised experience requirement before passing the licensure examination, the LBP Candidate shall continue to practice under LBP supervision as described in this subchapter, unless exempted by the Act, until licensed.
(3) LBP Candidates shall complete supervised experience requirements within sixty (60) months of the date of the approval of the first supervision agreement or the license application shall be voided.
86:20-13-5. Acceptability of supervised experience [AMENDED]
(a) Supervised experience is acceptable when it consists of the performance of behavioral health services as described in Section 1931, of the Act as described below.
(5) Technology-assisted supervision must be approved by the Board prior to the accrual of hours. Factors to be considered by the Board include: distance between approved supervisor and candidate; financial hardship on approved supervisor or candidate; physical hardship on approved supervisor or candidate; specialty credentials; and other pertinent factors.
(1) Supervision shall focus on the raw data from an LBP Candidate's continuing clinical practice, which may be available to the supervisor through a combination of direct observation, co-therapy, written clinical notes, and audio and video recordings.
(2) Supervision is a process clearly distinguishable from personal psychotherapy, and is contracted in order to serve professional/vocational goals.
(3) Individual supervision consists of face-to-face contact with one supervisor and one LBP Candidate.
(4) Group supervision may be conducted with two (2) to six (6) LBP Candidates and a supervisor.
(b) An LBP Candidate may accrue supervised experience hours in academic, governmental or private-not-for-profit and private practicefor profit settings.
(c) The supervised experience isshall be accrued in a private not-for-profit or a private for-profit practice without having an approved LBP Supervisor providing supervision, only if:
(1) The LBP candidate is an employee, as defined by 86:20-1-2, of the place of employment where supervised experience hours are being accruedthat employs a person licensed in the state of Oklahoma as a Licensed Behavioral Practitioner, a Licensed Professional Counselor, a Licensed Marital and Family Therapist, a Psychologist, a Physician, a Licensed Clinical Social Worker, or a Licensed Alcohol and Drug Counselor who directs and is responsible for the professional duties of the LBP Candidate and is available to the LBP candidate any time services are being rendered by the LBP candidate.
(2) The LBP Candidate is receiving supervision for licensure from an approved LBP supervisor who is not required to work at the same location as the LBP Candidate that has agreed to be immediately available to the LBP Candidate for supervision at any time the LBP Candidate is engaging in the practice of behavioral health services or behavioral health-related services.
86:20-13-6. Supervisor qualifications [AMENDED]
(a) A Behavioral Practitioner, Professional Counselor, Marital and Family Therapist, Psychologist, Clinical Social Worker or Physician licensed by the state of Oklahoma is eligible as an LBP supervisor. In addition, these professionals shall have:
(3) signed an official supervision agreement;
(4) agreed to be "on call" to the LBP Candidate on a twenty-four (24) hour basis and to arrange for an alternate supervisor if not available;
(5)(3) taken and passed the LBP State Standards Test; and
(6)(4) agreed to teach the Oklahoman LBP Act and OAC 86:20 to the supervisee.
(1) practiced in positions similar to those the LBP proposes to practice for a period of two years past the issuance of the license;
(2) fulfilled the continuing education requirements pursuant to Section 1948 of the Act;
(b) Effective October 1, 2015, a supervisor may not supervise more than a total of twelve (12) candidates for licensure at a time. A supervisor who wants to supervise more than twelve (12) candidates must petition the Board for approval for each person above the maximum number. The petitions will be determined on a case-by-case basis depending on the circumstances of the request.
86:20-13-7. Documentation of supervised experience [AMENDED]
(a) A Supervision Agreement Form between the supervisor and supervisee shall be received and approved by the Board prior to beginning the accrual of supervised hours.
(b) The supervisor and LBP Candidate shall sign and submit an "Evaluation of Supervised Experience," including documentation of observations, date of consultation between approved supervisor and on-site supervisor, and the Record of Supervised Experience on a semi-annual basis beginning as of the date of the approval of the first supervision agreement. Incomplete evaluations will not be accepted by the Board until all requirements for the semi-annual evaluation period have been completed.
(c)Any Evaluation of Supervised Experience form submitted beyond 60 days of the semi-annual due date will not be credited towards the duration of supervision as described in 86:20-13-7(b).
(d) Supervised experience shall be reported in quarter credit hours.
[OAR Docket #26-454; filed 6-2-26]
TITLE 158. Construction Industries Board
CHAPTER 40. ELECTRICAL INDUSTRY REGULATIONS
[OAR Docket #26-508]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
158:40-1-2. Definitions [AMENDED]
Subchapter 5. Licensing Requirements, Display of License, and Firm Name, and Bond Requirements
158:40-5-5. Bond and insurance requirements [AMENDED]
Subchapter 9. Examination Applications, Examinations and License and Registration Fees and Renewals
158:40-9-2. Examinations and licensure [AMENDED]
158:40-9-4. Continuing education [AMENDED]
Subchapter 11. License Revocation or Suspension and Prohibited Acts
158:40-11-2. Prohibited acts [AMENDED]
AUTHORITY:
Construction Industries Board; 59 O.S. §§ 1000.4(A)(1), 1000.5, and 1681
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 19, 2025
COMMENT PERIOD:
October 15, 2025 through November 17, 2025
PUBLIC HEARING:
November 19, 2025
ADOPTION:
November 19, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
November 20, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by House Joint Resolution 1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed changes to the Electrical Industry Regulations add language clarifying definitions, worker’s compensation requirements and exemption requirements and reflect changes as a result of HB3215 [2024] and HB2084 [2025].
CONTACT PERSON:
Stephanie Brown, 405-521-6550
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
158:40-1-2. Definitions [AMENDED]
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act" means the Electrical License Act as found at 59 O.S. § 1680, et seq.
"Administrator" means the Administrator of the Board as described in the Construction Industries Board Act found at 59 O.S. § 1000.1, et seq.
"Alarm Endorsement" means a licensed electrician or registered electrical apprentice who has met the endorsement requirements and holds a current valid electrical license or registration may install, service, or repair alarm or security systems or electronic security devices such as residential or commercial burglar alarms or security systems, electronic access control, closed circuit television, nurse call systems and the like pursuant to the regulations governing that electrical license or registration.
"Applicant" means any person applying for an examination, for a license or registration, for continuing education approval, for review of plans and specifications, or for an electrical code variance from the standard of installation as described in OAC 158:40-1-4 by the Board under the Act.
"Apprentice" means an electrical worker registered pursuant to OAC 158:40-5-1 who is limited to working for a contractor and is directly supervised by a licensed contractor or journeyman with the appropriate license classification for the work being performed.
"Associated with and responsible for" means the relationship between an electrical contractor and electrical firm based on the electrical contractor being a permanent employee, owner, partner, or officer in a corporate firm, and whereby the electrical contractor shall give full time to the supervision and control of operations necessary to secure full compliance with the provisions of the Electrical License Act and this Chapter.
"Board" means the Oklahoma Construction Industries Board.
"Bonds and Insurance Unit" means the consolidated unit that processes bonds and insurance under the direction of the Construction Industries Board.
"Cheating" means any unapproved deviation from any official instruction given before, during or after a license examination, for the purpose of affecting or influencing the examination results or otherwise providing an undue advantage to any examinee.
"Committee" means the Committee of Electrical Examiners.
"Contracting" means engaging or offering to engage in, on behalf of oneself or on behalf of another, any electrical work which requires a valid and appropriate license from the Construction Industries Board as required by the Electrical License Act, regardless if said work is in exchange for monetary payment or otherwise.
"Contractor" means a person who meets the definition of 59 O.S. § 1682(5) and is licensed in the appropriate category for any electrical work performed.
"Continuing Education Credit Hour" means at least sixty (60) minutes of classroom instruction.
"Direct supervision" means the on-the-job physical presence by the supervisor who must be in the work area where the electrical work is being performed and who also must be a licensed electrical contractor or electrical journeyman in the appropriate category for any electrical work supervised.
"Electrical facility" means wiring, fixtures, appurtenances and appliances used for and in connection with a supply of electricity, but excludes the connection with a power meter or other utility supply source or other statutory exclusions such as alarm system work (59 O.S. §1800.3(4)), and data, voice and home theater audio/visual communications except for fire alarm systems, security systems and environmental control systems that are not an integral part of a telecommunications system.
"Electrical firm" means any firm, corporation, partnership, sole proprietorship, joint venture or any other business entity engaged in the business of planning, contracting, supervising or furnishing labor or labor and materials for the installation, repair, maintenance or renovation of electrical facilities according to the Act.
"Electrical License Unit" means the staff and administrative support unit to the Committee of Electrical Examiners and the Electrical Hearing Board.
"Electrical maintenance" means electrical work limited to maintaining existing electrical systems, facilities or equipment by an employee of a person, company, corporation or entity owning the electrical systems, facilities or equipment. Maintenance shall not include any alterations or additions to existing systems, facilities or equipment.
"Electrical work" means work as that term is defined in 59 O.S. § 1682.
"Formal electrical education" means a two-year associate or four-year bachelor degree in electrical engineering from an accredited college or university, or a completion certificate of a technical school training program in electrical construction wiring skills approved by the Committee which focuses on a course scope that sufficiently details a combination of multiple facets of electrical construction trade work, consisting of a minimum of two hundred fifty (250) or more hours.
"Hearing Board" means the Electrical Hearing Board created by the Act.
"Inactive contractor" means any class of licensed electrical contractor who does not have current bond, and insurance and worker's compensation to be able to be contracting for electrical work pursuant to the act. An inactive contractor works as a journeyman electrician.
"Journeyman electrician" or "journeyman" means any person, other than a contractor or apprentice, who engages in the installation, repair, maintenance or renovation of electrical facilities according to the Act, in the category in which the person is licensed.
"Limited electrical contractor" means any person who has qualified and become licensed in accordance with OAC 158:40-7-4. Such person is prohibited from engaging in the work of a journeyman electrician.
"Military electrical experience" means verifiable military experience in electrical work which is the same as or similar to electrical construction work as defined in the Act.
"Oklahoma Uniform Building Code Commission" or "OUBCC" means the state agency created under 59 O.S. § 1000.20, et. seq., and authorized to adopt all building codes and standards for residential and commercial construction to be used as minimum standards by all entities within this State.
"Reciprocity agreement" means an agreement whereby a person holding an electrical license or registration who is licensed in other states with substantially similar or greater licensure requirements may be licensed in this State after payment of a fee for licensing by reciprocity.
"Refinery Electrical Journeyman" means an electrician licensed as a refinery electrical journeyman electrician pursuant to OAC 158:40-7-6 and is limited to performing electrical work only in refinery facilities.
"Residential contractor" means an electrician licensed as a residential contractor pursuant to OAC 158:40-7-2 and is limited to performing residential electrical construction work.
"Residential journeyman" means an electrician licensed as a residential journeyman electrician pursuant to OAC 158:40-7-2 and limited to performing residential electrical construction work.
"Student apprentice" means any person sixteen (16) years of age or older who complies with the requirements for registration under 59 O.S. § 1686.
"Temporary electrical journeyman" means an electrician temporarily licensed by the Oklahoma Construction Industries Board as a journeyman electrician and is limited to electrical construction per the equivalent temporary journeyman classification determined by the Board.
"Variance" means the use of an alternative material or method of construction from that prescribed in the standard of installation as described in OAC 158:40-1-4 for use at a particular location or project specified in the variance application; and
"Variance and Appeals Board" means the Oklahoma State Electrical Installation Code Variance and Appeals Board.
SUBCHAPTER 5. LICENSING REQUIREMENTS, DISPLAY OF LICENSE, AND FIRM NAME, AND BOND REQUIREMENTS
158:40-5-5. Bond and insurance requirements [AMENDED]
(a) Each active electrical contractor must furnish a license bond in the amount of $5,000.00 to the Bonds and Insurance Unit. This bond is to be a continuous bond with a thirty (30)-day cancellation notice. Such bond shall be conditioned upon faithful and lawful performance of all work entered upon by the contractor within the State of Oklahoma and shall be for the benefit of persons injured or suffering financial loss by reason of failure of such performance. The bond will be filed with the Bonds and Insurance Unit of the Oklahoma Construction Industries Board and be in lieu of all other license bonds to any political subdivision.
(b) Each active electrical contractor must maintain insurance coverage and furnish and maintain in effect in the Bonds and Insurance Unit of the Oklahoma Construction Industries Board, Electrical Licensing Unit, a certificate of insurance therefore which indicates that the electrical contractor has a comprehensive general liability policy including manufacturers and contractors, completed operations, and independent contractors liability coverage. Limits of liability are to be no less than $50,000.00 combined single limit for bodily injury and property damage. The Construction Industries Board must be added to aan electrical contractor's certificate of insurance as a certificate holder but not as an additional insured and with no additional cost. This is required in order for the Construction Industries Board to be notified in the event such liability policy is cancelled for any reason or expires for non-payment of premiums.
(c) Each active electrical contractor shall be aware of the requirements of Titles 85 and 85A of the Oklahoma Statutes (Workers' Compensation Acts and the Rules and Regulations of the Workers' Compensation Court of the State of Oklahoma), and indicate in the space provided on the application compliance therewith., and furnish proof of policy or exemption form.
(d) Failure to provide the complete information with current bond, and insurance and worker's compensation certificate will result in an inactive electrical contractor's license being issued until such time as the requirements are met. Failure to maintain the bond and insurances in force, as required, will result in the issuance of an inactive license to said electrical contractor.
(e) Electrical contractors shall pay all fines and penalties imposed by penalty orders of the Board and fines and penalties imposed by courts of competent jurisdiction for the violation of municipal ordinances. The Board may seek payment through the surety bond of any fines or penalties which the licensee fails to pay.
(f) Exceptions. The bond and insurance requirement will be waived if the electrical contractor is employed by a corporation, partnership, public entity, or political subdivision and said corporation, partnership, public entity or political subdivision submits an affidavit on behalf of the contractor that the employee will only perform electrical work on property owned by said corporation, partnership, public entity, or political subdivision and the employer assumes all financial responsibility in lieu of the contractor providing bond and insurance. The affidavit must include a statement by the employer that the Board will be notified if the contractor is no longer employed by said employer, or if the employer no longer wishes to assume financial responsibility for the contractor.
SUBCHAPTER 9. EXAMINATION APPLICATIONS, EXAMINATIONS AND LICENSE AND REGISTRATION FEES AND RENEWALS
158:40-9-2. Examinations and licensure [AMENDED]
(a) Electrical license examinations may include, without limitation, the following parts:
(1) Written questions, consisting of open book, closed book and problems, based on the standard of installation as described in OAC 158:40-1-4 and other related questions; and
(2) Practical shop, which for contractors shall also include written questions on job estimating and the laws and regulations relating to electricians as found in the Act and this Chapter.
(b) Applicants for a contractor license must pass both portions (business/law and trade) of the contractor license exam. If an applicant for a contractor license passes only one of the two portions of the required exam, the applicant need only retake the portion of the exam not passed if done within three (3) years of the date the Applicant is approved and eligible to sit for the contractor's exam. Otherwise, the Applicant will need to retake both portions of the contractor license exam.
(c) If an applicant for an unlimited contractor license passes only the trade portion of the contractor exam, the applicant may choose to apply the passing score of the trade portion of the contractor exam to a journeyman license application. All other requirements in the Act and this Chapter for a journeyman license are required, including but not limited to, completing the journeyman application form and submitting any applicable fee, both of which must be received by the Board no more than one year after passing the trade portion of the contractor exam. The timeframe to complete both portions of the contractor exam as provided in (b) of this Section is applicable even if a journeyman license is obtained under this subsection.
(d) A contractor license, whether active or inactive, must be renewed annually including completing the renewal form and paying the renewal license fee for a contractor license. An inactive contractor status may be changed to active contractor status at any time by providing proof of compliance with bond and insurance requirements as provided in this Chapter. A contractor, whether active or inactive, can elect to renew as a journeyman with filing of a journeyman renewal application and fee which election will be considered a permanent change of license category. If a permanent license category change occurs and the individual wants to change from journeyman to contractor category, either active or inactive, the individual must retake and pass the contractor license exam and meet all other contractor license requirements in the Act and this Chapter.
(e) If an active or inactive contractor license is current, the Applicant may pursue other category contractor applications in the same trade without being required to retake the business and law portion of the exam if the business and law portion was successfully passed previously.
(f) The maximum grade value of each part of the examination shall be 100 points. A passing score is 75%70% or more on each part.
(g) Each applicant shall pay all examination and license fees before undertaking any examination. If the applicant fails to meet the minimum qualifications to take the examination, the application fee will be forfeited. Reexamination fees shall be the same as the initial examination fees.
(h) Applicants for a contractor license must be capable of reading without assistance.
(i) Unless authorized by the Administrator, only examinees shall be permitted in the examination area.
(j) Any applicant who fails athe first examination must wait thirty (30) days before taking any other electrical examination. All subsequent failures will result in a waiting period of at least ninety (90)thirty (30) days.
(k) Applicants shall present positive identification before undertaking an examination.
(l) Any applicant who violates exam procedures as determined by the examination provider, including but not limited to cheating, misrepresenting oneself as another, or inappropriate actions during an examination may be immediately notified and expelled from the examination. Furthermore, the applicant's exam will be considered invalid and the applicant will be disqualified from retaking the exam for a period of time no less than 30 days and no more than 365 days as determined by the Administrator of the Construction Industries Board.
(m) Any previously certified examination may be used to meet an examination requirement pursuant to the Act and this Chapter.
158:40-9-4. Continuing education [AMENDED]
(a) Continuing Education Requirements.
(1) No contractor or journeyman license shall be renewed unless the licensee has completed at least six (6)twelve (12) hours of continuing education (CE) every three (3) years or thirty-six (36) months preceding the license expiration date. The continuing education course and instructor shall be approved in advance by the Committee. Exceptions to advance approval, or post-course approval, may be allowed by the Committee, or its designee, for substitute instructors in emergency situations when written notice of the emergency is provided to the Committee or its designee within seven (7) days of the course. The continuing education material shall cover codes and revisions adopted by the OUBCC and/or other trade related subject matters appropriate for topics of continuing education for licensees and approved by the Committee including: examination materials, manufacturers' installation of equipment or parts, the licensing Act, the trade regulations as set forth in this Chapter as well as the rules of the Construction Industries Board in OAC 158:10, and other trade or safety related subject matters approved by the Committee. The location of continuing education courses shall be at the discretion of the course provider and may be scheduled during the workday at the discretion of the course provider. The continuing education material shall cover six (6) hours of codes and revisions adopted by the Oklahoma Uniform Building Code Commission (OUBCC). The remaining six (6) hours are to cover other than adopted code updates and may include the study of: electrical circuit theory and calculations, wiring methods, grounding and bonding, transformer and motor theory, electrical circuits and devices, control systems, alternative energy systems including energy storage, safety related to the electrical industry as defined by NFPA 70E, manufacturers’ installation of equipment or parts, the Electrical License Act, the trade regulations as set forth in this act as well as the rules of the Construction Industries Board, and other trade subject matters approved by the Committee.
(2) If a license expires before the licensee completes the CE requirement, any CE that is completed while the license is expired will be applied to the CE requirement for the thirty-six (36) months preceding the date the license expired. Six (6)Twelve (12) hours of CE will still have to be completed in order to meet the CE requirement for the subsequent thirty-six (36) month period.
(3) Credit will be given for CE programs approved by the Committee or its designee.
(4) Except as provided herein this Section shall apply to every journeyman or contractor licensed by the Construction Industries Board.
(5) A licensee is exempt from the educational requirements of this Section for three (3) years from the date he or she passed their current licensing exam.
(6) Beginning January 1, 2026, no apprentice shall be permitted to re-register unless the apprentice registrant has completed three (3) hours of continuing education every year preceding re-registration. The continuing education course and instructor shall be approved in advance by the Committee. Exceptions to advance approval, or post-course approval, may be allowed by the Committee, or its designee, for substitute instructors in emergency situations when written notice of the emergency is provided to the Committee, or its designee, within seven (7) days of the course. The location of continuing education courses shall be at the discretion of the course provider and may be scheduled during the workday at the discretion of the course provider. The continuing education material shall cover a combination of the codes and revisions adopted by the OUBCC, Oklahoma Electrical Industry Regulations as well as the rules of the Construction Industries Board, and "electrical safety" as defined by NFPA 70E, other trade subject matters approved by the Committee, or full completion of Committee approved continuing education for the contractor or journeyman. Notwithstanding the provisions of this subsection, if an apprentice is a student apprentice or is enrolled and attending an approved formal education course, the continuing education shall not be required. If not currently enrolled and attending an approved formal education course, then the continuing education is required along with a non-student apprentice registration.
(7) If a registration expires before the registrant completes the continuing education requirement, any continuing education that is completed while the registration is expired will be applied to the continuing education requirement for the year preceding the date the registration expired. Once the continuing education requirement for the expired registration is met, along with other requirements, the apprentice is allowed to re-register after having an expired registration. Three (3) hours of continuing education will still need to be completed to meet the continuing education requirement for any subsequent registration year.
(8) Completing Committee approved continuing education courses which have attendance hours in excess of the required statutory requirement will not roll over to the subsequent registration or license renewal period.
(9) If a course in excess of the requirement is approved, the full course must be completed to receive the credit for the hours approved for the course.(b) The following standards will govern the approval of continuing education programs by the Committee.
(1) The program must be offered by a provider having substantial, recent experience in offering continuing education or demonstrated ability to organize and present effectively continuing education. Demonstrated ability arises partly from the extent to which individuals with trade training or educational experience are involved in the planning, instruction and supervision of the program.
(2) If written materials are provided, the materials must be thorough, high quality, readable, and must be made available to all participants at or before the time the course is presented.
(3) The program must be conducted in a comfortable physical setting which is conducive to learning.
(4) The program itself must be conducted by an individual or group qualified by practical or academic experience. The program including the named advertised participants must be conducted substantially as approved, including lunch and breaks shown on the approved agenda, subject to emergency withdrawals and alterations.
(5) Changes including but not limited to location, date, instructors, or cancellations must be requested from the Committee or its designee in writing prior to the start of class. All requests for changes must include the Course ID number.
(6) The training location shall be outside the regular work place or after regular working hours.The location of continuing education courses shall be at the discretion of the course provider and may be scheduled during the workday at the discretion of the course provider.
(7) Each attendee of a continuing education course shall have, or otherwise be provided with, a copy of the OUBCC's most recently adopted edition of the National Electrical Code and revisions for use during the duration of the course.
(8) Sixty (60) minutes constitutes one (1) instructional hour.
(9) CE courses shall be presented in one of the following 6-hour formats:
(A) Six instructional hours presented on one day
(B) Two sessions of three instructional hours each presented within a seven-day period
(C) An approved correspondence or online course, or
(D) Another format approved by the Committee.
(10) Verification of Credit.
(A) The Course Provider shall verify the total number of continuing education hours completed by each attendee.
(B) Continuing education providers shall require attendees to present a photo I.D. prior to the attendee signing the sign-in sheet provided by the Construction Industries Board. Sign-in sheets shall include the name and license number of each licensee in attendance.
(C) As soon as practicable but in any event on or before seven (7) days following an approved education program, the provider shall furnish to the Electrical License Unit the original sign-in sheets.
(D) Providers must maintain copies of all sign-in sheets for a period of two (2) years following the conclusion of the course.
(11) Course providers or instructors may not advertise or promote the sale of any goods, products or services between the opening and closing of any Continuing Education Course.
(12) Approval of any course, including a correspondence or online course, is rescinded upon the adoption of a different statewide code and a new application showing updated course subject matter and materials is necessary in order to obtain updated course approval.
(c) Submission of application for course approval. Any organization desiring approval of a course shall apply to the Committee by submitting an application on a form to be obtained from the Construction Industries Board and supporting documentation at least fifteen (15) days prior to the date of the Regular meeting of the Committee from which the provider wants the course to be considered for approval, and at least thirty (30) days prior to the date for which the course is scheduled. An application is to be submitted for each date or set of dates that constitute a single class., and must be received thirty (30) days prior to the course date. Each class must be included on a separate application. The Committee or its designee will review each application for completeness of form and supporting documentation as well as course content. The applicant will be notified in writing by mail whether the program is approved or disapproved. Applicants denied approval of a course may appeal such a decision by submitting a letter of appeal to the Committee within fifteen (15) days of the receipt of the notice of disapproval. All appeals will be heard by the Committee at its next regularly scheduled meeting.
(1) Supporting documentation includes:
(A) resumes or a brief summary of qualifications for all instructors providing instruction for the class,
(B) a class agenda designating beginning and ending of actual instructional times, sign-in times, breaks, lunch time, and
(C) A class curriculum indicating the subject or code areas to be taught with sufficient detail to determine which code revisions are to be addressed.
(2) The Committee or its designee may refuse to accept any application for approval if the supporting documentation is insufficient or incomplete. The Committee may deny or revoke approval of an application for any of the following reasons:
(A) Failure to comply with the continuing education provisions;
(B) Inadequate application or supporting documentation;
(C) Failure to instruct on the topic approved; or
(D) Unsatisfactory evaluations of the course, instructor, or materials from previous classes.
(3) If an application is refused or disapproved, written notice detailing the basis of the decision shall be provided to the applicant.
(4) The Committee may at any time re-evaluate and grant or revoke approval of an application or course.
(A) The Committee or its designee shall be granted access to attend, observe and audit any continuing education course approved by the Committee.
(B) The Committee may at any time review courses for quality in instruction. The Committee shall also investigate and take appropriate action, up to and including revocation of authority to provide CE, regarding complaints involving approved courses.
(C) A provider's failure to comply with this Section constitutes grounds for disciplinary action, up to and including revocation of authority to provide CE, against the provider or for denial of future applications for coursework.
(d) Course Advertisement.
(1) All advertising must include the course identification number.
(2) Approved program courses may be advertised.
(3) The provider of an approved continuing education program may announce or indicate as follows: Course #________ has been approved by the Construction Industries Board Electrical Examiners Committee for _____ hours of CE credit.
(e) Correspondence or Online course approval.
(1) Providers seeking to offer correspondence or online courses for continuing education shall submit a course curriculum and study material for review and approval by the Committee, or its designee, prior to the courses being offered as continuing education. An access code and password shall be provided to the Committee, or its designee, for an online course for the purpose of review and approval. Correspondence or online courses shall have sufficient explanation and or graphics to expound the concepts and changes being taught. The format of the online course shall be constructed so as to elicit interaction between the student and the material presented. Each page of text shall be designed with a question that must be answered before advancing to the next page or a test at the end of a subject matter before the course is considered complete. Approved correspondence and online courses shall be required to comply with all requirements for other continuing education courses except for sign-in sheets. Providers shall provide a student with a document of completion that shall certify completion of an approved correspondence or online course.
(2) Applications for correspondence or online courses shall be resubmitted annually, from date of approval, for review and approval.
(f) Alternate Credit accrual.
(1) Credit may be earned through teaching in an approved continuing education class. The Committee may award up to six (6) hours of CE credit not to exceed the number of approved hours for that CE class.
(2) Credit may also be earned through teaching a course in an accredited trade school or a trade-specific program approved by the Committee. The Committee may award up to six (6) hours of CE credit for each semester of academic credit awarded by the academic institution for the course.
(3) Credit may also be earned through participating as a designate of a technical committee appointed by OUBCC to review and recommend adoption of building codes. The Committee may award up to six (6) hours of code update continuing education for completing a code review as designee in the code listed as the standard for the license help and upon completion of the code review receiving a certificate of completion from the OUBCC. A copy of the certificate will be required to be provided to CIB to receive continuing education credits.
(g) Complaint procedure.
(1) A person, government, or private organization may submit a written complaint to the Committee, or its designee, charging a provider of continuing education with a violation of this Section, and specifying the grounds for the complaint.
(2) Complaints must be in writing and include contact information, and shall be filed on the proper complaint form prescribed by the Construction Industries Board, or its designee.
(3) The Committee may consider an unsigned or anonymous complaint for further investigation.
(4) Upon receipt of a signed complaint form, a copy shall be sent to the continuing education provider addressed in the complaint. The continuing education provider shall provide a written response within fifteen (15) days. Upon receipt of the continuing education provider's written response, both complaint and response shall be considered by the Committee, or its designee, for appropriate action including dismissal of the complaint, further investigation, or a finding of violation of the Act or this Chapter. The Committee, or its designee, shall notify both complainant and continuing education provider of the determination made by the Committee. Failure of the continuing education provider to respond will be considered as a violation of this Section.
(5) If a reasonable cause violation determination is made by the Committee, the Oklahoma Administrative Procedure Act shall be followed for all disciplinary proceedings undertaken.
SUBCHAPTER 11. LICENSE REVOCATION OR SUSPENSION AND PROHIBITED ACTS
158:40-11-2. Prohibited acts [AMENDED]
(a) The following acts are prohibited:
(1) No person, entity, or firm may engage in electrical contracting or perform work without first obtaining the appropriate license or registration pursuant to this Chapter.
(2) No person shall perform work contrary to any provision of the standard of installation in OAC 158:40-1-4, except as otherwise provided by law or rule. Each violation of the standard of installation in OAC 158:40-1-4 can be treated as a separate violation of this Chapter.
(3) No person shall offer to engage in work during the period his or her license is suspended or revoked.
(4) No employing firm shall employ or use an unlicensed or unregistered individual or entity to perform work.
(5) No person, entity, or firm may transfer a license or registration.
(6) No individual or entity, licensed pursuant to this Chapter, shall enter into an agreement for the use of his or her license with any firm or person which is, or has been adjudicated to be, in violation of any provision of the Act, or whose license is currently suspended or has within the last year been revoked, unless or until otherwise approved by the Board.
(7) No person shall make a materially false or fraudulent statement in an application for license.
(8) No person may alter a license.
(9) No licensee shall perform work without keeping their license on their person or in close proximity while performing work.
(10) No person may engage in cheating or any act involving the fraudulent misrepresentation of an applicant by an examinee.
(11) No person or entity shall deny access to the Construction Industries Board or its representative on a job site.
(b) The following prohibited acts apply to persons issued a contractor license:
(1) No licensee shall allow more than three (3) apprentices per journeyman at a job site.
(2) No licensee shall fail to maintain a bond, and insurance and worker's compensation or exemption as provided for in OAC 158:40-5-5.
(3) No licensee shall be associated with and responsible for more than one firm.
(c) The following prohibited acts apply to persons issued a journeyman license:
(1) No licensee shall perform work except under the employment of a contractor.
(2) No licensee shall engage in the planning, contracting, or furnishing of labor and/or materials used for work.
[OAR Docket #26-508; filed 6-5-26]
TITLE 160. Department of Consumer Credit
CHAPTER 5. FEES
[OAR Docket #26-458]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
160:5-1-2. Fees [AMENDED]
AUTHORITY:
Commission on Consumer Credit; 59 O.S. Section 2095.1
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 12, 2024
COMMENT PERIOD:
December 16, 2024 through January 15, 2025
PUBLIC HEARING:
January 16, 2025
ADOPTION:
June 11, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
June 12, 2025
LEGISLATIVE APPROVAL:
Approved on May 20, 2026, by HRJ 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The amendment revokes certain outdated fees for mortgage brokers and mortgage lenders
that have been supplanted by statute, and removes an outdated statutory reference.
CONTACT PERSON:
J. Steven Coates 405-521-3653
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
160:5-1-2. Fees [AMENDED]
Fees charged by the Department are as follows:
(A) $950.00 mortgage broker application fee.
(B) $200.00 mortgage loan originator application fee.
(C) $200.00 annual license fee for mortgage brokers and mortgage loan originators.
(D)(A) A late fee of $10.00 per day for thirty (30) days shall be assessed for each mortgage broker or mortgage loan originator license renewal that is not received by December 1.
(E) $150.00 mortgage broker branch office annual license fee.
(F)(B) $150.00 inactive status fee for a mortgage broker license, mortgage broker branch office license or mortgage loan originator license.
(G)(C) $25.00 fee for each mortgage broker, mortgage broker branch or mortgage loan originator license change, duplicate license or returned check. [59:2095.7(M)(5)]
(H)(D) Each mortgage broker, mortgage broker branch office and mortgage loan originator shall pay a $10.00 fee for each initial application and each license renewal to be deposited into the Oklahoma Mortgage Broker and Mortgage Loan Originator Recovery Fund.
(I) Mortgage brokers and mortgage broker branch offices shall pay a $500.00 examination fee that is payable at the time of license application or license renewal.
(J)(E) Mortgage loan originators shall pay a $50.00 examination fee that is payable at the time of license application and license renewal.
(K)(F) All fees are non-refundable unless the Act or these rules require otherwise.
(1) Supervised Lenders
(A) $290.00 annual license fee.
(B) $425.00 investigation fee.
(C) A late fee of $10.00 per day for thirty (30) days shall be assessed for each license that is not renewed by December 1.
(D) $500.00 examination fee that is payable at the time of license application or license renewal.
(E) $25.00 fee for a duplicate or amended license
(F) $25.00 fee for a returned check
(G) A $50.00 late fee shall be assessed for any annual report received after May 1.
(H) All fees are non-refundable unless the Code or these rules require otherwise.
(2) Notification filings
(A) $120.00 annual filing fee for each business location.
(B) A late fee of $10.00 per day shall be assessed for each filing that is not received by January 31.
(C) All fees are non-refundable unless the Code or these rules require otherwise.
(3) Pawnbrokers
(A) $240.00 annual license fee.
(B) $325.00 investigation fee.
(C) $400.00 examination fee that is payable at the time of license application or license renewal.
(D) $25.00 amended or duplicate license fee.
(E) $25.00 returned check fee.
(F) A late fee of $10.00 per day for thirty (30) days shall be assessed for each license renewal that is not received by December 1.
(G) All fees are non-refundable unless the Act or rules require otherwise.
(4) Rental purchase lessors
(A) $200.00 annual license fee.
(B) $200.00 investigation fee.
(C) $400.00 examination fee that is payable at the time of license application or license renewal.
(D) $100.00 per contract reviewal fee for each rental purchase agreement that is submitted to the Administrator for review and approval.
(E) $25.00 amended or duplicate license fee.
(F) $25.00 returned check fee.
(G) All fees are non-refundable unless the Act or rules require otherwise.
(5) Health Spas
(A) $300.00 annual registration fee.
(B) $200.00 investigation fee.
(C) $100.00 per contract reviewal fee for each health spa contract that is submitted to the Administrator for review and approval.
(D) A late fee of $10.00 per day for thirty (30) days shall be assessed for each registration renewal that is not received by December 1.
(E) $25.00 amended or duplicate registration fee.
(F) $25.00 returned check fee.
(G) All fees are non-refundable unless the Act or rules require or indicate otherwise.
(6) Credit Services Organizations
(A) $200.00 annual license fee.
(B) $300.00 investigation fee.
(C) $25.00 amended or duplicate license fee.
(D) $400.00 examination fee that is payable at the time of license application or license renewal.
(E) $25.00 returned check fee.
(F) A late fee of $10.00 per day for thirty (30) days shall be assessed for each license renewal that is not received by December 1.
(G) All fees are non-refundable unless the Act or these rules require or indicate otherwise.
(7) Precious Metals and Gem Dealers
(A) $300.00 annual license fee for precious metal and gem dealers, $200 annual license fee for precious metal and gem dealer employees.
(B) $425.00 investigation fee for precious metal dealers.
(C) A late fee of $10.00 per day for thirty (30) days shall be assessed for each precious metal and gem dealer and employee license renewal that is not received by December 1.
(D) $25.00 amended or duplicate license fee for precious metal and gem dealers and employees.
(E) $25.00 return check fee for precious metal and gem dealers and employees.
(F) All fees are non-refundable unless the Act or these rules require or indicate otherwise.
(8) Mortgage Brokers and Mortgage Loan Originators
(9) Other
(A) $0.25 fee per page for copies [51:24A.5(3)]
(B) $1.00 fee per copied page for a certified copy [51:24A.5(3)]
(C) Reasonable search fee of the hourly rate of lowest paid employee capable of performing search when records are requested solely for commercial purpose or the request would clearly cause excessive disruption of the Department's essential functions [51:24A.5(3)].
[OAR Docket #26-458; filed 6-2-26]
TITLE 160. Department of Consumer Credit
CHAPTER 55. MORTGAGE BROKERS, MORTGAGE LENDERS AND MORTGAGE LOAN ORIGINATORS
[OAR Docket #26-466]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Licensing
160:55-3-1.1. Licensing requirements [AMENDED]
160:55-3-8. Mortgage broker and mortgage lender license changes [AMENDED]
160:55-3-9.1. Address changes and closing requirements [AMENDED]
Subchapter 9. Enforcement
160:55-9-2. Individual proceedings [AMENDED]
AUTHORITY:
Commission on Consumer Credit; 59 O.S. Section 2095.1
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 12, 2024
COMMENT PERIOD:
December 16, 2024 through January 15, 2025
PUBLIC HEARING:
January 16, 2025
ADOPTION:
June 11, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
June 12, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026 by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The amendments revoke requirements for mortgage branches that have been supplanted by statute. The amendments also clean up typographical errors and make terms uniform by striking the word “location” and replacing it with “principal place of business or branch office.”
CONTACT PERSON:
J. Steven Coates 405-521-3653
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. LICENSING
160:55-3-1.1. Licensing requirements [AMENDED]
(a) Mortgage loan originator license. The requirements for obtaining a mortgage loan originator license consist of the following:
(1) Application. The application shall be submitted through the NMLS&R Internet website. The Department's website shall include a link to the NMLS&R website.
(2) Pre-licensing education. Twenty (20) hours of pre-licensing education are required. Pre-licensing education courses and providers are reviewed and approved by NMLS&R. Information regarding pre-licensing education, including, but not limited to, approved courses, providers and scheduling is available from NMLS&R.
(3) Testing. An applicant is required to pass a qualified written test developed by the NMLS&R in accordance with the standards established under 59 O.S. § 2095.9. The test is administered by a test provider approved by the NMLS&R based upon reasonable standards. Information regarding the test is provided by NMLS&R, including but not limited to, approved testing providers, testing locations, study materials and test scheduling.
(4) Background checks. Applicants are required to pass a background check. The background check consists of the following:
(A) Fingerprints. An applicant is required to submit fingerprints to NMLS&R. Information regarding fingerprints is indicated on the NMLS&R website.
(B) Applicants with felony convictions or pleas. Applicants with felony convictions or applicants that have pled guilty or nolo contendere to a felony shall submit a certified copy of the indictment or other official court document indicating the criminal charges against the applicant and a certified copy of the final judgment and sentence of the court. Whether a particular crime is classified as a felony is determined by the law of the domestic, military or foreign court in which the applicant was convicted or in which the applicant pled guilty or nolo contendere to the felony. Domestic court includes any state or federal court of the United States of America. State court includes the courts of any state, territory, district, commonwealth or possession of the United States of America.
(C) Credit reports. An applicant is required to submit personal information to NMLS&R for the purpose of obtaining credit reports. The purpose of the credit reports is to determine the financial responsibility of an applicant.
(5) Additional information. The Administrator is authorized to require additional information from an applicant. Any additional information required by the Administrator shall be submitted to the Administrator. An applicant that fails to provide information as requested by the Administrator shall be deemed a withdrawal of the application.
(6) Fees. Payment of all required license fees shall be submitted through NMLS&R. Information regarding acceptable methods of payment is available on the NMLS&R website.
(7) Results. Test score results, verification of completion of pre-licensing education and background check information are submitted to the Administrator by NMLS&R. The Administrator reviews the information to determine if an applicant qualifies for licensure.
(b) Mortgage broker license. The requirements for obtaining a mortgage broker license consist of the following:
(1) Application. The application shall be submitted through the NMLS&R Internet website. The Department website shall include a link to the NMLS&R website.
(2) Additional information. The Administrator is authorized to require additional information from an applicant. Any additional information required by the Administrator shall be submitted to the Administrator. An applicant that fails to provide information as requested by the Administrator shall be deemed a withdrawal of the application.
(3) Designation of mortgage loan originator. An applicant shall designate a licensed mortgage loan originator to oversee the operations of the applicant. An individual designated to serve as the mortgage loan originator for a mortgage broker shall not serve as the designated mortgage loan originator for any other mortgage broker, mortgage lender or any branch office of the mortgage broker.
(4) Officers, owners, directors and partners. The application shall list each officer, owner, director or partner of the applicant. An officer, owner, director or partner of the applicant shall not act as a mortgage loan originator as defined by the SAFE Act unless each officer, owner, director or partner is licensed as a mortgage loan originator. Each officer, owner, director or partner of the applicant is required to pass a background check. The applicant shall submit the following information for each officer, owner, director or partner to NMLS&R:
(A) Fingerprints. Information regarding fingerprints is indicated on the NMLS&R website.
(B) Felony convictions or pleas. Any officer, owner, director or partner of a mortgage broker applicant with a felony conviction or that has pled guilty or nolo contendere to a felony shall submit a certified copy of the indictment or other official court document indicating the criminal charges against the applicant and a certified copy of the final judgment and sentence of the court. Whether a particular crime is classified as a felony is determined by the law of the domestic, military or foreign court in which the officer, owner, director or partner was convicted or in which the officer, owner, director or partner pled guilty or nolo contendere to the felony. Domestic court includes any state or federal court of the United States of America. State court includes the courts of any state, territory, district, commonwealth or possession of the United States of America.
(C) Credit reports. Each officer, owner, director or partner of a mortgage broker applicant is required to submit personal information to NMLS&R for purposes of obtaining credit reports for each officer, owner, director or partner of a mortgage broker applicant. The purpose of the credit reports is to determine the financial responsibility of each officer, owner, director or partner of a mortgage broker applicant.
(D) Additional information. The Administrator is authorized to require additional information from an applicant. Any additional information required by the Administrator shall be submitted to the Administrator. An applicant that fails to provide information as requested by the Administrator shall be deemed a withdrawal of the application.
(5) Fees. Payment of all required fees shall be submitted through NMLS&R. Information regarding acceptable methods of payment is available on the NMLS&R website.
(1) Application. The application shall be submitted through the NMLS&R Internet website. The Department website shall include a link to the NMLS&R website.
(2) Bond. The applicant shall file a One Hundred Thousand Dollar ($100,000.00) bond that satisfies the requirements of 59 O.S. § 2095.11.1. The bond shall also secure the faithful performance of all duties and responsibilities of any branch office of the mortgage lender.
(3) Net worth. The applicant must have a minimum net worth of Twenty-Five Thousand Dollars ($25,000.00) that is verified as required by 59 O.S. § 2095.11.1.
(4) Designation of mortgage loan originator. The applicant shall designate a licensed mortgage loan originator to oversee mortgage loan origination activities if the applicant engages in activity that satisfies the definition of a mortgage broker as defined by the SAFE Act. An individual designated as the mortgage loan originator for a mortgage lender shall not serve as the designated mortgage loan originator for any other mortgage lender, mortgage broker or any branch office of the mortgage lender.
(5) Criminal background check. Officers, owners, directors and partners, as applicable, shall submit fingerprints through NMLS&R for purposes of obtaining a criminal background check. Any officer, owner, director or partner of a mortgage lender applicant with a felony conviction or that has pled guilty or nolo contendere to a felony crime shall submit a certified copy of the indictment or other official court document indicating the criminal charges against the applicant and a certified copy of the final judgment and sentence of the court. Whether a particular crime is classified as a felony is determined by the law of the domestic, military or foreign court in which the officer, owner, director or partner was convicted or in which the officer, owner, director or partner pled guilty or nolo contendere to the felony crime. Domestic court includes any state or federal court of the United States of America. State court includes the courts of any state, territory, district, commonwealth or possession of the United States of America.
(6) Financial responsibility. Each officer, owner, director and partner, as applicable, must demonstrate financial responsibility. Each officer, owner, director and partner, as applicable, must submit personal information to NMLS&R for purposes of obtaining a credit report. The credit report will be utilized to determine the financial responsibility of each officer, owner, director and partner of the mortgage lender applicant, as applicable.
(7) Fees. Payment of all required fees shall be submitted through NMLS&R. Information regarding acceptable methods of payment is available on the NMLS&R website.
(8) Additional information. The Administrator is authorized to require additional information from an applicant. Any additional information required by the Administrator shall be submitted to the Administrator. An applicant that fails to provide information as requested by the Administrator shall be deemed a withdrawal of the application.
160:55-3-8. Mortgage broker and mortgage lender license changes [AMENDED]
(a) Notification. At least thirty (30) days before any proposed change in ownership or any change in the officers, owners, directors, partners or the designated mortgage loan originator of a mortgage broker or mortgage lender, the mortgage broker or mortgage lendelender shall notify the Administrator of the proposed change by regular United States mail, electronic mail, facsimile or courier service. The mortgage broker or mortgage lender shall also contact the Administrator for instructions regarding the completion of necessary documentation to process the proposed change.
(b) Required documentation and information.
(1) Change in ownership, officers, directors or partners. A mortgage broker or mortgage lender with a proposed change of ownership or a proposed change of any officers, directors or partners shall submit the following information for each new proposed owner, officer, director or partner:
(A) Fingerprints.
(B) Personal information for obtaining credit reports.
(C) Any proposed officer, owner, director or partner that has a felony conviction or has pled guilty or nolo contendere to a felony shall submit a certified copy of the indictment or other official court document indicating the criminal charges against the applicant and a certified copy of the final judgment and sentence of the court. Whether a particular crime is classified as a felony is determined by the law of the domestic, military or foreign court in which the officer, owner, director or partner was convicted or in which the officer, owner, director or partner pled guilty or nolo contendere to the felony. Domestic court includes any state or federal court of the United States of America. State court includes the courts of any state, territory, district, commonwealth or possession of the United State of America.
(D) Any additional documentation required by the Administrator.
(2) Change of designated mortgage loan originator. A mortgage broker or mortgage lender with a proposed change for the designated mortgage loan originator shall submit to NMLS&R the name and license number or unique identifier issued by NMLS&R for the proposed, designated mortgage loan originator.
(c) Proposed change involving fifty percent (50%) or more new owners, officers, directors or partners. A mortgage broker or mortgage lender with a fifty percent (50%) or more proposed change in ownership, officers, directors or partners shall submit a new license application in accordance with the SAFE Act and rules promulgated by the Administrator.
160:55-3-9.1. Address changes and closing requirements [AMENDED]
(a) At least thirty (30) days before the address of the principal place of business or the address of a branch office is changed, the mortgage broker or mortgage lender shall notify the Administrator through NMLS&R and pay the appropriate fee for an amended license.
(b) At least thirty (30) days before a locationprincipal place of business or branch office is to be closed, the mortgage broker or mortgage lender shall notify the Administrator through NMLS&R.
(c) A mortgage loan originator shall notify the Administrator through NMLS&R of any address change at least thirty (30) days prior to the change of their address of record and pay the appropriate fee for an amended license.
SUBCHAPTER 9. ENFORCEMENT
160:55-9-2. Individual proceedings [AMENDED]
(a) Allegations notice. The Administrator shall notify the person of facts or conduct that warrant the intended action, and give the person an opportunity to show compliance with all lawful requirements for the retention of the license [75:314(C)(1)].
(b) Violations. Where the facts indicate that the person has not complied with all lawful requirements for the retention of the license, the Administrator may initiate any authorized action.
(c) Informal disposition. In order to avoid the expense and time involved in formal legal proceedings, it is the policy of the Administrator to afford persons who have engaged in unlawful acts and practices an opportunity to enter into stipulations, agreed settlements, consent orders or defaults when it appears to the Administrator that such procedure fully safeguards the public interest. The Administrator reserves the right in all matters to withhold the privilege of an informal disposition. All stipulations, agreed settlements, consent orders or defaults shall be public records.
(d) Hearing notice.
(1) If the matter is to be set for hearing, the person shall be given twenty (20) daysdays' notice in writing.
(2) The notice shall:
(A) state the time, place and nature of the hearing;
(B) state the legal authority and jurisdiction for the hearing;
(C) refer to the statutory sections and rules involved; and
(D) state the matters asserted briefly and plainly [75:309(B)(1) - (4)].
(e) Hearing. All parties shall be afforded the opportunity to respond and present evidence and argument on all points at issue [75:309(C)], and shall have the right to counsel [75:310(5)].
(f) Standard of proof. The standard of proof is clear-and-convincing evidence. Clear and convincing evidence is that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegation sought to be established.
(g) Order.
(1) The Administrator shall issue an order within sixty (60) days from the last day of the hearing unless the period is extended by written agreement between the person and the Administrator.
(2) The order shall:
(A) be in writing;
(B) state findings of fact that shall be limited to the evidence from the hearing unless the parties agree otherwise on the record;
(C) state conclusions of law;
(D) state the effective date; and
(E) be delivered in person or by certified mail with return receipt requested [75:309(H) and 312].
(h) Impair. A probation, suspension or revocation shall not impair or affect the obligation of any preexisting lawful contract between the person and any borrower.
[OAR Docket #26-466; filed 6-2-26]
TITLE 175. State Board of Cosmetology and Barbering
CHAPTER 10. LICENSURE OF COSMETOLOGISTS, BARBERS, SCHOOLS AND RELATED ESTABLISHMENTS
[OAR Docket #26-517]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Licensure of Schools
Part 5. EQUIPMENT AND CURRICULUM REQUIREMENTS
175:10-3-34. Basic Cosmetologist course curriculum for privately owned and public schools [AMENDED]
175:10-3-37. Master cosmetology instructor course entrance and curriculum requirements [AMENDED]
175:10-3-42. Facial/Esthetics Instructor course entrance and curriculum requirements [AMENDED]
175:10-3-44. Manicurist/Nail Technician Instructor course entrance and curriculum requirements [AMENDED]
175:10-3-45. Barber course entrance and curriculum requirements [AMENDED]
175:10-3-46. Master Barber instructor course, entrance and curriculum requirements [AMENDED]
175:10-3-47. Eyelash Extension Specialist course entrance and curriculum requirements [AMENDED]
175:10-3-48. Eyelash Extension Specialist Instructor course, entrance and curriculum requirements [NEW]
AUTHORITY:
Oklahoma State Board of Cosmetology and Barbering; 59 O.S. §199.3(B)(1) and §199.6
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 21, 2025
COMMENT PERIOD:
December 15, 2025 through January 19, 2026
PUBLIC HEARING:
January 20, 2026
ADOPTION:
January 29, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
175:10-3-34 [AMENDED]
175:10-3-37 [AMENDED]
175:10-3-42 [AMENDED]
175:10-3-44 [AMENDED]
175:10-3-45 [AMENDED]
175:10-3-46 [AMENDED]
175:10-3-47 [AMENDED]
175:10-3-48 [NEW]
175:10-3-37 [AMENDED]
175:10-3-42 [AMENDED]
175:10-3-44 [AMENDED]
175:10-3-45 [AMENDED]
175:10-3-46 [AMENDED]
175:10-3-47 [AMENDED]
175:10-3-48 [NEW]
Gubernatorial Approval:
October 20, 2025
Register Publication:
43 Ok Reg 217
Docket Number:
25-850
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The Oklahoma State Board of Cosmetology and Barbering proposes these permanent rules to make permanent rules that are currently considered promulgated by emergency. These rules will allow for cosmetology and barbering programs to offer Board approved curriculum in line with statutory changes made to 59 O.S. §199.7. These proposed rule changes allow students to enroll in a one thousand (1,000) hour clock program and receive a non-chemical license in a cosmetology or barbering discipline or to enroll in a twelve hundred and fifty (1,250) hour clock program and receive a chemical use license in a cosmetology or barbering discipline.
CONTACT PERSON:
MiMi Casebolt 405-522-7618 and email is mary.casebolt@cosmo.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. LICENSURE OF SCHOOLS
PART 5. EQUIPMENT AND CURRICULUM REQUIREMENTS
175:10-3-34. Basic Cosmetologist course curriculum for privately owned and public schools [AMENDED]
(a) Privately owned cosmetology school. The 15001250 clock hour curriculum (pure cosmetology) is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Theory (must be coordinated with each practical practice subject as is appropriate throughout the course of training) 150125 clock hours
(2) Manicuring and pedicuring (including sculptured nails and tips and other artificial nail application procedures and care) 9070 clock hours
(3) Facials (skin care training includes make-up, arching, waxing and/or other methods for non-permanent hair removal) 160130 clock hours
(4) Scalp treatments and shampooing/conditioning rinses 3025 clock hours
(5) Hairstyling, including finger waving, the dressing of wigs, thermal and blow drying 300250 clock hours
(6) Hair color tints and bleaching and other color treatments 170140 clock hours
(7) Hair cutting and hair shaping with shears and thinning shears (scissors) razor and clipper (includes beard) 180160 clock hours
(8) Professional development, Establishment management and unassigned hours for review, examinations, etc. 180150 clock hours
(9) Hair restructuring/permanent waving and chemical hair relaxing 240200 clock hours
(10) Total cosmetology hours 15001250 hours
(b) Public cosmetology school. The 15001250 clock hour curriculum (1000 hours pure cosmetology plus 500250 hours of cosmetology related high school subjects) is prescribed for public school, parochial school, private school or home schooled students in the following situations:
(1) Cosmetology students that are currently attending high school, parochial, private school or a home school.
(2) Persons that did not otherwise complete their cosmetology training while registered as a cosmetology student in high school, parochial school, or a home school.
(A) Students who shall qualify for training in this matter must complete 1000 clock hours in a Basic cosmetology course and 500250 hours of approved related subjects. The official parochial, private school or home school high school transcript shall serve as documentation for the 500250 hours of related instruction. The transcript must show passing grades in related subjects and completion of at least the first semester of the twelfth (12th) grade. Related subjects shall run concurrently with and shall be in no instance older than three (3) years at time of enrollment in a cosmetology school course. The curriculum as follows has a recommended completion time of two (2) school years.
(B) Adult students registered in a cosmetology school are not eligible to train under the 1000 hours pure cosmetology plus 500250 hours of cosmetology related high school subjects unless qualified under (b) (1) and (2) of this rule.
(3) Theory (must be coordinated with each practical practice subject as is appropriate throughout the course of training) 150125 clock hours
(4) Manicuring and pedicuring (including sculptured nails and tips and other artificial nail application procedures and care) 60 clock hours
(5) Facials (skin care training includes make-up, arching, waxing and/or other methods for non-permanent hair removal) 60 clock hours
(6) Scalp treatments, shampooing/conditioning rinses 30 clock hours
(7) Hairstyling, including finger waving, the dressing of wigs, thermal and blow drying 180 clock hours
(8) Hair color tints and bleaching and other color treatments 120 130 clock hours
(9) Hair cutting and hair shaping with shears and thinning shears (scissors) razor and clipper (includes beard) 120125 clock hours
(10) Professional development, Establishment management and unassigned hours for review, examinations, etc. 10090 clock hours
(11) Hair restructuring/permanent waving and chemical hair relaxing 180200 clock hours
(12) Cosmetology related subjects 500250 clock hours
(13) Total cosmetology hours 15001250 hours
(c) Minimum training supplies for private and public schools. A Basic Cosmetology student minimum training supplies are required as follows:
(1) one (1) approved text on theory of cosmetology
(2) one (1) razor-type hair shaper and shaper blades
(3) one (1) pair each hair cutting shears and thinning shears
(4) one (1) cuticle nipper for finger nails and one (1) nipper for toe nails
(5) one (1) cuticle scissors
(6) one (1) nail brush
(7) one (1) nail file or package of emery boards
(8) one (1) tweezer
(9) six (6) assorted hair brushes
(10) twelve (12) combs (including tail, all purpose and/or barber-type)
(11) one (1) curling iron
(12) one (1) shampoo cape
(13) appropriately disinfected set of manicuring implements for student training use on each patron
(14) toe nail clipper
(15) permanent wave rods
(16) other hair restructuring supplies
(17) an adequate supply of applicator bottles and chemical bowl and brush
(18) an adequate supply of protective gloves (disposable)
(19) an adequate supply of neck strips
(20) an adequate supply of hair clippers
(21) an adequately supplied products dispensary to appropriately train students in cosmetology classes
(22) visual aid equipment in addition to the chalk or marker board
(d) Non-chemical cosmetology curriculum for private and public schools. The 1000 clock hour is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Theory (must be coordinated with each practical practice subject as is appropriate throughout the course of training) 100 clock hours
(2) Manicuring and pedicuring 70 clock hours
(3) Facials (skin care training includes make-up, arching, waxing and/or other methods for non-permanent hair removal) 130 clock hours
(4) Scalp treatments and shampooing/conditioning rinses 40 clock hours
(5) Hairstyling, including finger waving, the dressing of wigs, thermal and blow drying 300 clock hours
(6) Hair cutting and hair shaping with shears and thinning shears (scissors) razor and clipper (including beard) 180 clock hours
(7) Professional development, establishment management and unassigned hours for review, examinations, etc. 180 clock hours
(8) Total cosmetology hours 1000 hours
175:10-3-37. Master cosmetology instructor course entrance and curriculum requirements [AMENDED]
(a) Entrance requirements.
(1) Student registered in the master cosmetology instructor course must:
(A) hold an Oklahoma Cosmetologist license or be registered for the Basic Cosmetologist examination. If any person enrolled prior to examination shall fail to appear or fail to pass Basic Cosmetologist, he/she shall immediately cease master cosmetology instructor training until such time as he shall again register for and show proof of achieving a passing score on the cosmetologist examination.
(B) hold a High School Diploma or General Education Development Certificate
(C) file registration application for master cosmetology instructor course including fee of $5.00 with the Board.
(2) Each student shall be provided with an approved textbook or manual before commencing training.
(b) Curriculum requirements. The 1000 clock hour Master Cosmetology Instructor course curriculum is prescribed as follow: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Orientation 6055 clock hours
(2) Introduction to teaching and curriculum 12085 clock hours
(3) Course outlining and development; lesson planning; teaching techniques; teaching aids; developing and administering and grading examinations 330165clock hours
(4) Cosmetology Law, cosmetology school management and record keeping 9070 clock hours
(5) Teaching - assisting in the classroom and clinic 150100 clock hours
(6) Practice teaching - classroom and clinic 250125clock hours
(7) Total hours 1000600 hours
(c) Master Cosmetology Instructor. Students are assigned practice in classes actually scheduled by the school. Practice teaching by master cosmetology instructor students will be in the Basic, Manicurist/Nail Technician, Cosmetician, and/or Esthetician/Facialist/Facial Operator course. Practice teaching must be supervised by a licensed master cosmetology instructor.
(d) A master cosmetology instructor. The student is not allowed to perform patron services. The master cosmetology instructor student shall only demonstrate for or otherwise assist student under his supervision.
(e) Minimum training supplies. A master cosmetology instructor shall be provided the following:
(1) textbook or manual
(2) workbook
(3) Board Statute, Rules and Regulations Book.
(f) Any lapse in licensure will not be credited towards work experience as outlined in 199.7(n)(1)(2)
175:10-3-42. Facial/Esthetics Instructor course entrance and curriculum requirements [AMENDED]
(a) Entrance requirements.
(1) Student registered in the facial esthetics instructor course must:
(A) hold an Oklahoma facial/esthetician license or be registered for the facial/esthetician examination. If any person enrolled prior to examination shall fail to appear or shall fail to pass facial test, he/she shall immediately cease facial/esthetics instructor training until such time as he shall again register for and show proof of achieving a passing score on the facial/esthetician examination.
(B) hold a high school diploma or General Education Development Certificate.
(C) file registration application for facial/esthetician instructor course including fee of $5.00 with the Board.
(2) Each student shall be provided with an approved textbook or manual before commencing Training.
(3) A person licensed as a Manicurist/Nail Technician Instructor and holds a current esthetician license may be eligible for Facial/Esthetics Instructor licensure by registering and passing the Facial/Esthetics Instructor practical examination.
(b) Curriculum requirements. The 1000600 clock hour Facial/Esthetics Instructor course curriculum is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Orientation 6055 clock hours
(2) Introduction to teaching and curriculum 12085 clock hours
(3) Course outlining and development; lesson planning; teaching techniques; teaching aids; developing and administering and grading examinations 330165clock hours
(4) Board rules, regulations and statutes, cosmetology school management and record keeping 9070 clock hours
(5) Teaching - assisting in classroom and clinic 150100 clock hours
(6) Practice teaching - classroom and clinic 250125 clock hours
(7) Total hours 1000600 hours
(c) Minimum training supplies. A Facial/Esthetics Instructor training supplies are required as follows:
(1) textbook or manual
(2) workbook
(3) Board Statute, Rules and Regulations Book
175:10-3-44. Manicurist/Nail Technician Instructor course entrance and curriculum requirements [AMENDED]
(a) Entrance requirements.
(1) Student registered in the manicurist/nail technician instructor course must:
(A) hold an Oklahoma manicurist/nail technician license or be registered for the manicurist examination. If any person enrolled prior to examination shall fail to appear or shall fail to pass manicurist test, he/she shall immediately cease manicurist/nail technician instructor training until such time as he/she shall again register for and show proof of achieving a passing score on the manicurist examination.
(B) hold a high school diploma or General Education Development Certificate.
(C) file registration application for manicurist/Nail Technician Instructor course including fee of $5.00 with the Board.
(2) Each student shall be provided with an approved text book or manual before commencing training.
(3) A person licensed as a Facial/Esthetics Instructor and holds a current Manicurist license, may be eligible for Manicurist/Nail Technician Instructor licensure by registering and passing the Manicurist/Nail Technician Instructor practical examination.
(b) Curriculum requirements. The 1000600 clock hour Manicurist/Nail Technician Instructor course curriculum is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Orientation 60 55 clock hours
(2) Introduction to teaching and curriculum 12085 clock hours
(3) Course outlining and development; lesson planning; teaching techniques; teaching aids; developing, administering and grading examinations 330165 clock hours
(4) Board rules, regulations and statutes, cosmetology school management and record keeping 9070 clock hours
(5) Teaching - assisting in classroom and clinic 150100 clock hours
(6) Practice teaching - classroom and clinic 250125 clock hours
(7) Total hours 1000600 hours
(c) Minimum training supplies. Manicurist/Nail technician instructor minimum training supplies are required as follows:
(1) textbook or manual
(2) workbook
(3) Board Statute, Rules and Regulations Book
175:10-3-45. Barber course entrance and curriculum requirements [AMENDED]
(a) Entrance requirements. A Barber course entrance requirements are the same as for a Basic cosmetology course pursuant to OAC 175:10-3-16.
(1) Each student shall be provided an approved textbook or manual before commencing classroom training.
(2) A Barber student shall not be allowed to perform patron services until such time as he/she has been trained in safety and disinfection procedures on the clinic services performed under the direct supervision of a licensed Instructor.
(b) Curriculum requirements. The 15001250 clock hour curriculum for the barber course is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(7) Hair coloring 150 clock hours
(8) Men's hairpieces, mustache, beard design and shaving 65 clock hours
(9) Board rules, regulations and statutes 40 clock hours
(1) Safe work practices, infection control, bacteriology, implements, tools, equipment, sterilization, disinfection and safety 155 clock hours Safe work practices 155 clock hours
(A) Infection control and safe work practices 100 hours
(B) Implements, Tools, and Equipment 55 hours
(2) Salesmanship, job search, shop management, history of barbering and professional image 175 clock hoursOrientation to barbering and business skills 175 clock hours
(A) History of barbering 15 hours
(B) Professional Image 35 hours
(C) Job search 25 hours
(D) Barbershop management 35 hours
(B) Professional Image 35 hours
(C) Job search 25 hours
(D) Barbershop management 35 hours
(E) Building Clientele 30 hours
(F)Demographics 15 hours
(G) Making barbershop models 20 hours
(F)Demographics 15 hours
(G) Making barbershop models 20 hours
(3) Anatomy, physiology, chemistry, electricity and light therapy, properties and disorders of skin, scalp and hair, hair and scalp treatments 200 clock hours Science of Barbering 155 clock hours
(A) Microbiology 15 hours
(B) Anatomy and physiology 30 hours
(C) Chemistry (PH scale, product composition, safety & santiation) 15 hours
(B) Anatomy and physiology 30 hours
(C) Chemistry (PH scale, product composition, safety & santiation) 15 hours
(D) Electricity and light therapy 20 hours
(E) Properties and disorders of the skin 30 hours
(F) Properties and disorders of the hair and scalp 30 hours
(G) Treatments of the hair and scalp 15 hours
(E) Properties and disorders of the skin 30 hours
(F) Properties and disorders of the hair and scalp 30 hours
(G) Treatments of the hair and scalp 15 hours
(4) Facial massage and treatment 40 clock hoursAdvanced Barbering 250 clock hours
(A) Chemical texture service 110 hours
(B) Haircoloring and Lightening 110 hours
(C) Practice Application 30 hours
(B) Haircoloring and Lightening 110 hours
(C) Practice Application 30 hours
(5) Haircutting and styling 580 clock hoursThe practice of barbering 475 clock hours
(A) Men's haircutting and stylying 145 hours
(B) Basic principle, fundamentals and technology 55 hours
(C) Intro to men's haircutting and review 25 hours
(D) Women's haricutting and styling 145 hours
(B) Basic principle, fundamentals and technology 55 hours
(C) Intro to men's haircutting and review 25 hours
(D) Women's haricutting and styling 145 hours
(E) Shaving and facial hair design 65 hours
(F) Men's hair replacement 20 hours
(G) Facial massage and treatment 20 hours
(F) Men's hair replacement 20 hours
(G) Facial massage and treatment 20 hours
(6) Chemical relaxing, soft curl perms, permanent waving 95 clock hoursState Board preparation(State Board and licensing laws) 40 hours
(107) Total hours 15001250 hours
(c) Public barber school. The 15001250 clock hour curriculum (1000 hours pure barber plus 500250 hours of barber related high school subjects) is prescribed for public school, parochial school, private school or home schooled students in the following situations:
(1) Barber students that are currently attending high school, parochial, private school or a home school.
(2) Persons that did not otherwise complete their barber training while registered as a barber student in high school, parochial school, or a home school.
(A) Students who shall qualify for training in this matter must complete 1000 clock hours in a Basic barber course and 500250 hours of approved related subjects. The official parochial, private school or home school high school transcript shall serve as documentation for the 500250 hours of related instruction. The transcript must show passing grades in related subjects and completion of at least the first semester of the twelfth (12th) grade. Related subjects shall run concurrently with and shall be in no instance older than three (3) years at time of enrollment in a barber school course. The curriculum as follows has a recommended completion time of two (2) school years.
(B) Adult students registered in a barber school are not eligible to train under the 1000 hours pure barber plus 500250 hours of barber related high school subjects unless qualified under (c) (1) and (2) of this rule.
(d) Minimum barber student training supplies. Barber training supplies are required as follows:
by the United States Department of Education.)
(1) Safe work practices 155 clock hours
(A) Infection control and safe work practices 100 hours
(B) Implements, tools, and equipment 55 hours
(2) Orientation to barbering and business skills 175 clock hours
(A) History of barbering 15 hours
(B)Professional image 35 hours
(C) Job Search 25 hours
(D) Barbershop management 35 hours
(E) Building clientele 30 hours
(F) Demographics 15 hours
(G) Making barbershop models 20 hours
(3) Science of barbering 155 clock hours
(A) Microbiology 15 hours
(B) Anatomy and physiology 30 hours
(C) Chemistry (pH scale, safety & sanitation, and product composition) 15 hours
(D) Electricity and light therapy 20 hours
(E) Properties and disorders of the skin 30 hours
(F) Properties and disorders of the hair and scalp 30 hours
(G) Treatments of the hair and scalp 15 hours
(1) one (1) approved text on theory of barbering
(2) one (1) razor-type hair shaper and shaper blades
(3) one (1) pair each hair cutting shears and thinning shears
(4) one (1) tweezer
(5) six (6) assorted hair brushes
(6) twelve (12) combs (including tail, all purpose and/or barber-type)
(7) one (1) shampoo cape
(8) permanent wave rods
(9) other hair restructuring supplies
(10) an adequate supply of applicator bottles or chemical bowl and brush
(11) an adequate supply of protective gloves (disposable)
(12) an adequate supply of neck strips
(13) an adequate supply of hair clippers
(14) an adequately supplied products dispensary to appropriately train students in classes
(15) visual aid equipment in addition to the chalk or marker board
(16) straight razors
(e) Non-chemical barber curriculum for public and private schools. The 1000 clock hour curriculum for the non-chemical barbercourse is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognizedby the United States Department of Education.)
(1) Safe work practices 155 clock hours
(A) Infection control and safe work practices 100 hours
(B) Implements, tools, and equipment 55 hours
(2) Orientation to barbering and business skills 175 clock hours
(A) History of barbering 15 hours
(B)Professional image 35 hours
(C) Job Search 25 hours
(D) Barbershop management 35 hours
(E) Building clientele 30 hours
(F) Demographics 15 hours
(G) Making barbershop models 20 hours
(3) Science of barbering 155 clock hours
(A) Microbiology 15 hours
(B) Anatomy and physiology 30 hours
(C) Chemistry (pH scale, safety & sanitation, and product composition) 15 hours
(D) Electricity and light therapy 20 hours
(E) Properties and disorders of the skin 30 hours
(F) Properties and disorders of the hair and scalp 30 hours
(G) Treatments of the hair and scalp 15 hours
(4) The practice of barbering 475 clock hours
(A) Men's haircutting and styling 145 hours
(A) Men's haircutting and styling 145 hours
(B) Basic principle, fundamentals and technology 55 hours
(C) Intro to men's haircutting and review 25 hours
(C) Intro to men's haircutting and review 25 hours
(D) Women's haircutting and styling 145 hours
(E) Shaving and facial hair design 65 hours
(F) Men's hair replacement 20 hours
(G) Facial massage and treatment 20 hours
(5) State Board preparation (State Board and licensing law) 40 clock hours
(6) Total hours 1000 hours
175:10-3-46. Master Barber instructor course, entrance and curriculum requirements [AMENDED]
(a) Entrance requirements.
(1) Student registered in the barber instructor course must:
(A) hold an Oklahoma Barber license or be registered for the Barber examination. If any person enrolled prior to examination shall fail to appear or fail to pass the Barber exam, he/she shall immediately cease instructor training until such time as he shall again register for and show proof of achieving a passing score on the barber examination.
(B) hold a High School Diploma or General Education Development Certificate.
(C) file registration application for barber instructor course including fee of $5.00 with the Board.
(2) Each student shall be provided with an approved textbook or manual before commencing training.
(b) Curriculum requirements. The 1000600 clock hour Master Barber Instructor course curriculum is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Orientation 6055 clock hours
(2) Introduction to teaching and curriculum 12085 clock hours
(3) Course outlining and development; lesson planning; teaching techniques; teaching aids; developing and administering and grading examinations 330165clock hours
(4) Board rules, regulations and statutes, school management and record keeping 9070 clock hours
(5) Teaching - assisting in the classroom and clinic 150100 clock hours
(6) Practice teaching - classroom and clinic 250125 clock hours
(7) Total hours 1000600 clock hours
(c) Master Barber Instructor. Students are assigned practice in classes actually scheduled by the school. Practice teaching by barber instructor students will be in the barber course. Practice teaching must be supervised by a licensed Barber instructor.
(d) A Master Barber Instructor. Student is not allowed to perform patron services. The master barber instructor student shall only demonstrate for or otherwise assist students under his supervision.
(e) Minimum student training supplies. A master barber instructor minimum kit equipment is required as follows:
(1) textbook or manual
(2) workbook
(3) Board Statute, Rules and Regulations Book
(f) Any lapse in licensure will not be credited towards work experience as outlined in 199.7(n)(1)(2)
175:10-3-47. Eyelash Extension Specialist course entrance and curriculum requirements [AMENDED]
(a) Entrance requirements. Eyelash Extension Specialist course entrance requirements are the same as for a basic course student.
(1) Each student shall be provided an approved textbook or manual before commencing classroom training.
(2) An Eyelash Extension Specialist student shall not be allowed to perform patron services until such time as he/she has received at least seventy-five hours (75) twelve(12) clock hours of practice and classroom instruction under the direct supervision of an instructor licensed by the board
(b) Curriculum requirements. The two hundred (200)one hundred and twenty (120) clock hour curriculum is prescribed as follows: (Note: Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Orientation, rules and law – six (6)Five(5) clock hours;
(2) First aid and adverse reactions – nine (9)fifteen (15) clock hours;
(3) Sanitation and contagious diseases – twenty (20) clock hours;
(4) Safety and client protection – fifty (50)twenty (20) clock hours;
(5) Eyelash growth cycles and selection – five (5)ten (10) clock hours;
(6) Chemistry of products – three (3) fifteen (15)clock hours;
(7) Supplies, materials and related equipment – six (6)ten (10) clock hours;
(98) Eyelash extension isolation and separation – thirteen (13)fifteen (15) clock hours;
(9) Eye shapes - five (5)clock hours
(10)Professional image/salon management – three (3)five (5) clock hours.
(11)Total hours – two hundred (200)one hundred twenty (120) clock hours.
(c) Minimum training supplies. Eyelash Extension Specialist minimum training supplies are required as follows:
(1) One (1) textbook or manual;
(2) One (1) mannequin;
(3) One (1) first aid/eye wash/blood exposure kit;
(4) One (1) straight tweezer;
(5) One (1) curved tweezer;
(6) Adequate supply of disposable mascara wands;
(7) Adequate supply of disposable microfiber brushes;
(8) Adequate supply of lashes;
(9) Adequate supply of eyelash adhesive;
(10) Adequate supply of adhesive remover;
(11) Adequate supply of eyelash extension tape;
(12) Adequate supply of small scissors; and
(13) Adequate supply of facial table/chair/beds.
175:10-3-48. Eyelash Extension Specialist Instructor course, entrance and curriculum requirements [NEW]
(a) Entrance requirements.
(1) Student registered in the Eyelash Extension Specialist instructor course must:
(A) hold an Eyelash Extension Specialist certificate.
(B) file registration application for Eyelash Extension Specialist Instructor course including fee of $10.00 with the Board.
(2) Each student shall be provided with an approved textbook or manual before commencing training.
(b) Curriculum requirements. The 60 clock hour Eyelash Extension Specialist Instructor course curriculum is prescribed as follows: (Note:Hours may be measured in credits and ratio as recognized by the United States Department of Education or by a regional or national accreditation entity recognized by the United States Department of Education.)
(1) Orientation 10 clock hours
(2) Introduction to teaching and curriculum 10 clock hours
(3) Course outlining and development 10 clock hours
(4) Law, School management and Record keeping 10 clock hours
(5) Teaching and assisting in the classroom and clinic 20 clock hours
(6) Total hours 60 clock hours
(c) Eyelash Extension Specialist Instructor students are assigned practice in classes actually scheduled by the school. Practice teaching by Eyelash Extension Specialist Instructor students will be in the Eyelash extension Specialist course. Practice teaching must be supervised by a licensed instructor.
(d) An Eyelash Extension Specialist Instructor student is not allowed to perform patron services. The Eyelash Extension Specialist Instructor student shall only demonstrate for or otherwise assist students under his supervision.
(e) Minimum student training supplies. An Eyelash Extension Specialist Instructor minimum kit equipment is required as follows:
(1) textbook or manual
(2) workbook
(3) Board Statute, Rules and Regulations Book
(f) Any lapse in licensure will not be credited towards work experience as outlined in 199.7(n)(1)(2)
(g) The 60 hour instructor course hours are not transferrable to another discipline.
[OAR Docket #26-517; filed 6-5-26]
TITLE 210. State Department of Education
CHAPTER 1. STATE BOARD OF EDUCATION
[OAR Docket #26-386]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 5. Due Process
210:1-5-6. Suspension and/or revocation of certificates [AMENDED]
AUTHORITY:
Oklahoma State Department of Education, Oklahoma State Board of Education; Ok. Const. art. XIII § 5, Title 70 O.S. § 1-105, Title 70 O.S. § 3-104(A)(6)
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The purpose of these proposed changes is to ensure clarity and uniformity. The proposed changes bring rules in conformity with statute(s) as well as clarify procedures and administrative functions of the State Board of Education (“SBE”) and the State Department of Education (“SDE” or “Department”).
CONTACT PERSON:
Kory L. Kile, Law Clerk, Office of Legal Services, State Department of Education, Hodge Education Building, 2500 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105. kory.kile@sde.ok.gov, (405) 885-3357
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 5. DUE PROCESS
210:1-5-6. Suspension and/or revocation of certificates [AMENDED]
(a) Application. The rules and regulations of the State Board of Education governing the suspension and revocation of certificates apply to the following: superintendents of schools, principals, supervisors, librarians, school nurses, school bus drivers, visiting teachers, classroom teachers and other personnel performing instructional, administrative and supervisory services in the public schools. Except as otherwise specifically provided by law, the issuance or denial of a new certificate shall not be considered an individual proceeding subject to the process and procedures set forth in this Section.
(b) Grounds for revocation. A certificate shall be revoked only for:
(1) a willful violation of any federal or state law. "Willful" shall be defined as acting with the intent, purpose, or willingness to commit the act or the omission referred to. A willful violation does not require any intent to violate state or federal law, or to injure another, or to acquire any advantage; orA willful violation of a rule or regulation of the State Board of Education, or the United States Department of Education; or
(2) the abuse or neglect of a child; orA willful violation of any federal or state law, or
(3) moral turpitude; orA conviction for any of the offenses or bases for revocation set forth in 70 O.S. §§ 3-104 or 3-104.1; or
(4) a conviction for any of the offenses or basis for revocation set forth in Title 70 O.S. §§ 3-104 or 3-104.1.For other proper cause, including but not limited to violation of the Standards of Performance and Conduct for Teachers at Chapter 20, Subchapter 29 of this Title.
(c) Duty to report and refrain from illegal activity. It shall be a violation of State Board of Education rules and regulations for any person holding a valid teaching certificate to be aware of and fail to report, or knowingly participate in any activity deemed illegal while participating in job-related activities of student organizations, athletic and scholastic competitions, fairs, stock shows, field trips, or any other activity related to the instructional program. Willful violation of (b)(1)-(b)(4) of this regulation or the failure to report or knowing participation in any activity deemed illegal may result in recommendation of revocation or suspension of the certificate, or such other penalty, as may be determined after due process by the State Board of Education.
(d) Right to hearing on revocation of an existing certificate. No certificate shall be revoked until the holder of the certificate has been provided with a copy of the application to revoke the certificate and opportunity for a hearing provided by the State Board of Education in accordance with the following procedures:
(A) Personal delivery. Personal delivery may be accomplished by service by a sheriff or deputy sheriff, a person licensed to make service of process in civil cases, or a person specially appointed for that purpose. Personal service shall be made as follows: (1) upon the individual by delivering a copy of the notice and the petition, (2) or by leaving copies thereof at the certificate holder’s dwelling listed mailing address.
(B) Service by Mail. Service by mail may be accomplished by mailing a copy of the notice and the petition by certified mail, return receipt requested and delivery restricted to the addressee. Service by mail shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing acceptance by the certificate holder or a returned envelope showing refusal of the process by the certificate holder. Acceptance or refusal of service by mail by a person who is fifteen (15) years of age or older who resides at the certificate holder’s mailing address shall constitute acceptance or refusal by the certificate holder.
(C) Service by Publication. Service by publication may be made when an attorney or investigator for OSDE verifies in the petition, or by separate affidavit, that with due diligence service cannot be made upon the certificate holder by any other method. Service pursuant to this paragraph shall be made by publication of a notice, signed by the Secretary of the Board of Education, one (1) day a week for three (3) consecutive weeks in a newspaper authorized by law to publish legal notices which is published in the county where the petition is filed.
(1) Filing of application to revoke a certificate. An individual proceeding to revoke a certificate shall be initiated by filing an application to revoke a certificate. An application to revoke a certificate shall be filed with the Secretary of the State Board of Education by the State Department of Education. The application shall name the holder of the certificate to be revoked as the respondent in the action, and shall contain:
(A) A statement of the legal authority and jurisdiction under which the applicant seeks to initiate the proceeding and the hearing is to be held;
(B) A reference to each particular statute and/or rule involved;
(C) A short and plain statement of the allegations asserted; and
(D) A statement of the facts alleged to give rise to the revocation. The application shall also state a proposed effective date for the relief requested (e.g., revocation), which shall be set no earlier than forty-five (45) calendar days from the date the complaint is filed.
(2) Informal disposition. Informal disposition of the application to revoke a certificate may be made by stipulation, agreed settlement, consent order, or default, unless otherwise precluded by law. Written notice signed by each party or counsel representatives shall be delivered to the Secretary of the State Board of Education prior to the time of the scheduled hearing.
(3) Notice to parties. Within three (3) business days of the date the application to revoke a certificate is filed with the Secretary of the State Board of Education, the Secretary shall send a copy of the application along with a notice of intent to revoke the certificate via certified mail and electronic mail to the holder of the certificate. It is the responsibility of every certificate holder to notify the State Department of Education upon a change of address, and the mailing address on file for each certificate holder shall be presumed to be a proper address for service of notice. Service of notice of intent to revoke a certificate shall be deemed complete upon certified or registered mailing of the notice to the certificate holder's last known address. In addition to the requirements above, the State Department of Education shall notify the current or last known superintendent of the certificate holder (or board of education, if the superintendent is the holder of the certificate) by either electronic mail or regular mail. In addition to the requirements of notice set forth at Title 75 O.S. § 309, the notice of intent to revoke the certificate shall include:
(A) A statement setting forth the proposed effective date of revocation of the certificate; and
(B) A statement advising the holder that if the holder fails to appear for a hearing and contest the revocation, the allegations in the application for revocation will be deemed confessed and the Board may issue a final order to effect revocation of the certificate as of the effective date proposed in the notice. Service of notice or process may be accomplished as follows:
(4) Response to application. Any respondent intending to contest an application must notify the Secretary of the State Board of Education of their intent to contest the application within twenty-one days of service of the application. The respondent must file a responsive pleading that states whether the respondent agrees, disagrees, or is without sufficient information to agree or disagree with each numbered paragraph containing a factual allegation. Failure to timely respond will be deemed confession of the allegations in the application unless the State Board of Education excuses the delay.
(e) Emergency Action. Pursuant to 75 O.S. § 314, in the event the State Board of Education finds that public health, safety, or welfare imperatively requires emergency action, the State Board of Education may issue an emergency order summarily suspending a certificate pending an individual proceeding for revocation or other action. Such proceedings shall be promptly instituted and determined. Such an order shall include specific findings of fact specifying the grounds for the emergency action. Within three (3) business days of the issuance of the order by the Board, a copy of the order shall be sent to the holder of the certificate via certified or registered mail, delivery restricted to the certificate holder, with return receipt requested.
(f) Hearing procedures.
(1) Hearing and appointment of a hearing officer. Upon filing the application with the Secretary of the Board, the Secretary shall set the matter for a hearing. The Board, at its discretion, may utilize a hearing officer to conduct the hearing. If utilized, the hearing officer shall be appointed by the Chairperson of the Board.
(2) Attendance of witnesses. If the complainant, or the holder of the certificate wants any person to attend the hearing and testify as a witness, he/she shall notify the Chairperson of the State Board of Education at least fifteen (15) calendar days prior to the hearing, in writing, giving the name and address of the desired witness, and the Chairperson may cause the Secretary to thereupon issue a subpoena, by mail, to the desired witness to attend in accordance with the provisions of this subsection. Every person testifying at a revocation hearing shall be sworn to tell the truth. The parties to the hearing shall exchange witness and exhibit lists and any exhibits no later than fifteen (15) calendar days prior to the hearing.
(3) Subpoenas. Subpoenas and/or subpoenas duces tecum may be issued in accordance with the following procedures:
(A) Issuance of subpoenas. Subpoenas for the attendance of witnesses, or for the production of books, records, papers, objects, or other evidence of any kind as may be necessary and proper for the purposes of a proceeding shall be issued by the Secretary of the Board at the direction of the Chairperson; upon order of the Board; or at the request of any party to a proceeding before the Board. The signature of the Secretary shall be sufficient authentication for any subpoena.
(B) Service of subpoenas. Subpoenas shall be served in any manner prescribed for service of a subpoena in a civil action in the district courts of the State of Oklahoma.
(C) Objections to and compliance with subpoenas. Any party to the proceeding may move to quash a subpoena or subpoenas duces tecum issued in accordance with the provisions of this Section, provided that, prior to quashing a subpoena or subpoenas duces tecum the agency shall give notice to all parties. A motion to quash shall be filed within seven days of the issuance of the subpoena.
(D) Enforcement of subpoenas. Upon the failure of any person to obey a subpoena, or upon the refusal of any witness to be sworn or make an affirmation or to answer a question put to her or him in the course of any individual proceeding or other authorized action of the Board, the party seeking enforcement may file an appropriate motion for enforcement with the State Board or hearing officer, as applicable, or may seek enforcement in a court of competent jurisdiction. Meanwhile, the hearing or other matters shall proceed, so far as is possible, but the Board at its discretion at any time may order a stay or continuance of the proceedings for such time as may be necessary to secure a final ruling in the compliance proceedings.
(E) Costs of issuance and service of subpoenas. The costs covering the issuance and service of subpoenas and all witness fees incurred on behalf of a party to the proceedings, other than the Board, shall be borne by the party on whose behalf they are incurred. Form and Issuance. Every subpoena shall:
(i) state the name of the court from which it is issued and the title of the action, and
(ii) command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying, testing or sampling of designated books, documents, electronically stored information or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified. A subpoena may specify the form or forms in which electronically stored information is to be produced.
(iii) issue from the administrative law court or tribunal where the action is pending, and may be served at any place within the state.
(B) Service. Service of a subpoena upon a person named therein shall be made by delivering or mailing a copy thereof to such person. If the person’s attendance is demanded, by tendering to the witness a ten-dollar ($10.00) witness fee, per day, and the mileage allowed by law. Witness fees and mileage may be paid at the conclusion of the hearing.
(i) Service of a subpoena may be accomplished by any person who is eighteen (18) years of age or older.
(ii) Service of a subpoena may be accomplished by mail by mailing a copy thereof by certified mail with return receipt requested and delivery restricted to the person named in the subpoena. The person serving the subpoena shall make proof of service thereof to the administrative hearing officer promptly and, in any event, before the witness is required to testify at the hearing or trial. If service is made by a person other than a sheriff or deputy sheriff, such person shall make affidavit thereof. If service is by mail, the person serving the subpoena shall show in the proof of service the date and place of mailing and attach a copy of the return receipt showing that the mailing was accepted. Failure to make proof of service does not affect the validity of the service, but service of a subpoena by mail shall not be effective if the mailing was not accepted by the person named in the subpoena.
(iii) A copy of any subpoena that commands production of documents and things or inspection of premises before the hearing shall be served on each party in the manner as follows:
(iv) If the party is represented by an attorney, the service shall be made upon the attorney unless service directly upon the party is ordered by the hearing officer or final judgment has been rendered and the time for appeal has expired.
(v) Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or the party or by mailing it or sending it by third-party commercial carrier for delivery within three (3) calendar days to the attorney or the party at the last-known address of the attorney or the party or by electronic means if the attorney or party consents to receiving service in a particular case by electronic means and the attorney or party provides instructions for making the electronic service consented to by the attorney or party. For purposes of this subsection, "electronic means" includes communications by facsimile or electronic mail. If no mailing address, physical address or electronic means address for the attorney or party is known, service is affected by delivery to the last known address. Delivery of a copy within this section means: (a) handing it to the attorney or to the party, or (b) leaving it at the office of the attorney or the party with the attorney’s or party’s clerk or other person in charge thereof, or (c) f there is no one in charge, leaving it in a conspicuous place therein, (d) if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person residing therein who is fifteen (15) years of age or older.
(C) Service by Mail. Service of a subpoena, or a subpoena that commands production of documents and things or inspection of premises by mail is complete upon mailing, service by commercial carrier is complete upon delivery to the commercial carrier, and service by electronic means is complete upon transmission, unless the party making service is notified in sufficient time prior to the hearing or the date for production or inspection that the copy or paper served was not received by the party served.
(D) Objection(s). If the subpoena commands the production of documents and things or inspection of premises from a nonparty before trial but does not require attendance of a witness, the subpoena shall specify a date for the production or inspection that is at least seven (7) days after the date that the subpoena and copies of the subpoena are served on the witness and all parties, and the subpoena shall include the following language: “In order to allow objections to the production of documents and things to be filed, you should not produce them until the date specified in this subpoena, and if an objection is filed, until the court rules on the objection.”
(E) Duties in Issuance and Service. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.
(i) A person commanded to produce and permit inspection, copying, testing or sampling of designated books, papers, documents, electronically stored information or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.
(ii) A person commanded to produce and permit inspection, copying, testing or sampling or any party may, within fourteen (14) days after service of the subpoena or before the time specified for compliance if such time is less than fourteen (14) days after service, serve written objection to inspection, copying, testing or sampling of any or all of the designated materials or of the premises, or to producing electronically stored information in the form or forms requested. An objection that all or a portion of the requested material will or should be withheld on a claim that it is privileged or subject to protection as trial preparation materials shall be made within this time period. If the objection is made by the witness, the witness shall serve the objection on all parties; if objection is made by a party, the party shall serve the objection on the witness and all other parties. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test or sample the materials or inspect the premises except pursuant to an order of the hearing officer. For failure to object in a timely fashion, the hearing officer may assess reasonable costs and attorney fees or take any other action she, or he, deems proper. A privilege or the protection for trial preparation materials shall not be waived solely for a failure to timely object under this section. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.
(iii) On timely objection and motion, the hearing officer shall quash or modify the subpoena if it:
(I) fails to allow reasonable time for compliance, or
(II) requires a person to travel to a place beyond the territorial boundaries of the State of Oklahoma, or
(III) requires disclosure of privileged or other protected matter and no exception or waiver applies, or
(IV) subjects a person to undue burden, or
(V) requires production of books, papers, documents, or tangible things that fall outside the scope of permissible disclosures for the hearing or matter being investigated, or
(VI) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
(VII) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party.
(iv) However, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the hearing officer may order appearance or production upon specified conditions.
(F) Duties in Responding to Subpoena.
(i) Persons whose attendance is secured via subpoena shall appear as the subpoena directs. Attendance only shall not waive a person’s constitutional rights (e.g., the right against self-incrimination.
(ii) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.
(iii) If a subpoena to produce documents does not specify the form or forms for producing electronically stored information, a person responding to a subpoena shall produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable.
(iv) A person responding to a subpoena to produce documents is not required to produce the same electronically stored information in more than one form.
(v) A person responding to a subpoena to produce documents is not required to provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. If such a showing is made, the hearing officer may order discovery from such sources if the requesting party shows good cause. The hearing officer may specify conditions for the disclosure.
(vi) When information subject to a subpoena to produce documents is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.
(vii) If information is produced in response to a subpoena to produce documents that is subject to a claim or privilege or of protection as trial preparation material, the person making the claim may notify any party that received the information of the claim and the basis for such claim. After being notified, a party shall promptly return, sequester, or destroy the specified information and any copies the party has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the hearing officer under seal for a determination of the claim. If the receiving party disclosed the information before being notified, the receiving party shall take reasonable steps to retrieve the information. The person who produced the information shall preserve the information until the claim is resolved. This mechanism is procedural only and does not alter the standards governing whether the information is privileged or subject to protection as trial preparation material or whether such privilege or protection has been waived.
(4) Right to representation. Any party to the individual proceeding shall at all times have the right to representation by 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.
(5) Legal counsel to State Board of Education. The attorney for the State Department of Education shall present evidence to the Board, in furtherance of the application. Should the Board not have legal counsel, and if deemed necessary by the Chairperson of the Board, a request may be made of the Attorney General to provide counsel to the Board regarding questions of admissibility of evidence, competency of witnesses, and any other questions of law. In the event that counsel is not requested from the Attorney General the Chairperson of the Board will rule on the evidence, competency of the witness and other questions of law.
(6) Disqualification of a Board member or hearing officer. A Board member or hearing officer shall withdraw from any individual proceeding in which he or she cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification on the ground of his or her inability to give a fair and impartial hearing by filing an affidavit promptly upon discovery of the alleged disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined promptly by the Board, or if it affects a member of the Board, by the remaining members thereof, if a quorum. Upon the entry of an order of disqualification affecting a hearing officer, the Board shall either assign a replacement hearing officer, or conduct the hearing itself. Upon the entry of an order of disqualification affecting a Board member, the Governor immediately shall appoint a member pro tempore to sit in place of the disqualified member in that proceeding.
(7) Notice of facts. The Board shall give notice to all parties, prior to, or at the hearing, of any facts of which it proposes to take official notice. Any party or her/his attorney may request that official notice be taken of any fact qualified for such notice by the statutes of this state. If such official notice is taken, it shall be stated in the record, and all parties shall have opportunity to contest and give evidence in rebuttal or derogation of the official notice.
(8) Presentation and consideration of evidence. The State Board of Education shall consider only evidence upon the specific cause contained in the notice, and evidence will be heard for such cause. Questions of the admissibility of evidence shall be governed by the provisions of 75 O.S. § 310.
(9) Order of procedure. The order of procedure at the hearing shall be as follows:
(A) Opening statements by legal counsel of both parties;
(B) Presentation of evidence by both parties followed by cross-examination of witnesses, and questions by State Board members or the hearing officer;
(C) Closing arguments by legal counsel of both parties; and
(D) Submission of case to the Board or the hearing officer for decision.
(10) Continuance of a hearing. The Board or hearing officer may continue or adjourn the hearing at any time for a specified time by notice or motion. The Board or hearing officer may grant a continuance upon motion of a party for good cause shown if written request is filed and served on all parties of record and filed with the Secretary of the Board at least five (5) days prior to the date set for hearing. A respondent may be granted only one (1) continuance.
(g) Deliberations and decisions. Deliberations by the Board or the hearing officer in an individual proceeding may be held in executive session pursuant to the provisions of the Open Meeting Act set forth at 25 O.S. § 307.
(1) Decision. Decisions shall be issued in accordance with the following procedures:
(A) After hearing all evidence, and all witnesses, the State Board of Education or, if applicable, the hearing officer, shall render its decision on whether the certificate shall be revoked.
(B) The decision of the State Board of Education or a hearing officer presiding at the hearing shall be announced at the conclusion of the hearing and notification of that decision shall be by certified or registered mail, restricted delivery with return receipt requested to the holder of the certificate.
(C) If the holder of the certificate fails to appear at the scheduled hearing without prior notification within the time frame to request a stay or continuance set forth in (f)(10) of this Section, demonstration of good cause, the Board or hearing officer shall hold the party in default and issue an order sustaining the allegations set forth in the application.
(D) If the applicant fails to appear at the scheduled hearing without prior notification within the time frame to request a stay or continuance set forth in subsection (f)(10) of this Section, demonstration of good cause, or fails to prove the allegations by clear and convincing evidence, the application shall be dismissed.
(2) Findings of fact and conclusions of law. After the decision is announced, but before issuance of the final order, if the Board has not heard the case or read the record of the individual proceeding, the hearing officer shall provide the parties with an opportunity to prepare and submit proposed findings of fact and conclusions of law in accordance with the provisions of 75 O.S. § 311. After the parties have been given notice and an opportunity to file exceptions, present briefs and oral arguments to the proposed findings of fact and conclusions of law, the Board may take action to accept, reject, or modify the proposed Findings and Conclusions of the hearing officer. The Board shall render findings of fact and conclusions of law. All findings of fact made by the Board shall be based exclusively on the evidence presented during the course of the hearing or previously filed briefs, (made a part of the record), of the testimony of witnesses taken under oath.
(3) Final order. As the final determination of the matter, the final order shall constitute the final agency order and shall comply with the requirements set forth at 75 O.S. § 312. If no motion for rehearing, reopening or reconsideration of the order is filed in accordance with (h) of this Section, the final agency order shall represent exhaustion of all administrative remedies by the State Board of Education. All final orders in an individual proceeding shall be in writing and made a part of the record. Final orders are to be issued by the Chairperson of the Board or the presiding officer for transmission to the parties by the Secretary of the Board. Within five (5) business days of the date of issuance of the final order, parties shall be notified of a final order either personally or by certified mail, return receipt requested. Upon request, a copy of the order shall be delivered or mailed to each party and the party's attorney of record, if any.
(4) Communication with parties. Unless required for the disposition of ex parte matters authorized by law, the Chairperson and the members of the Board, the hearing officer, or the employees or the agents of the Board shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his or her representative except upon notice and opportunity for all parties to participate. The Chairperson and members of the Board or their employees may communicate with one another and have the aid and advice of one or more personal assistants. Advice may also be secured from the Attorney General's office.
(h) Record of hearing.
(1) The record of a hearing shall be set forth in such form and detail as the Chairperson or the Board may direct. The hearing may also be fully transcribed, and shall be placed on file in the Secretary's office. Parties to the proceeding may have the proceedings transcribed by a court reporter at their own expense. In accordance with the requirements of 75 O.S. § 309, the record shall include:
(A) All pleadings, motions, and intermediate rulings;
(B) Evidence received or considered during the individual proceeding;
(C) A statement of matters officially noticed;
(D) Questions and offers of proof, objections, and rulings thereon;
(E) Proposed findings and exceptions;
(F) Any decision, opinion, or report by the Board or a hearing officer presiding at the hearing; and
(G) All other evidence or data submitted to the Board or hearing officer in connection with their consideration of the case.
(2) The State Board Secretary shall electronically record the proceedings, with the exception of the executive sessions The recording shall be made and maintained in accordance with the requirements of 75 O.S. § 309, and a copy shall be provided to any party to the proceeding upon request. If the requesting party should desire the tape(s) to be transcribed by a court reporter, the requesting party shall bear the expense.
(i) Rights to a rehearing, reopening or reconsideration.
(1) A petition for rehearing, reopening or reconsideration of a final order must be filed with the Secretary of the State Board within ten (10) days from the entry of the order. It must be signed by the party or his or her attorney, and must set forth with particularity the statutory grounds upon which it is based. However, a petition based upon fraud practiced by the prevailing party or upon procurement of the orders by perjured testimony or fictitious evidence may be filed at any time. All petitions for rehearing, reopening, or reconsideration will be considered and ruled upon as soon as the convenient conduct of the Board's business will permit.
(2) A petition for a rehearing, reopening, or reconsideration shall set forth the grounds for the request. The grounds for such a petition shall be either:
(A) Newly discovered or newly available evidence, relevant to the issues;
(B) Need for additional evidence adequately to develop the facts essential to proper decision;
(C) Probable error committed by the Agency in the proceeding or in its decision such as would be grounds for reversal on judicial review of the order;
(D) Need for further consideration of the issues and the evidence in the public interest; or
(E) A showing that issues not previously considered ought to be examined in order to properly dispose of the matter. The grounds which justify the rehearing shall be set forth by the State Board of Education which grants the order, or in the petition of the individual making the request for the hearing.
(3) It is the burden of the party requesting a rehearing to notify the opposing party of the appeal.
(4) Rehearing, reopening, or reconsideration of the matter may be heard by the State Board of Education or may be referred to a hearing officer. The hearing must be confined to those grounds on which the recourse was granted.
(j) Judicial review. Any person or party aggrieved or adversely affected by a final order in an individual proceeding is entitled to certain judicial review in accordance with the provisions of the Oklahoma Administrative Procedures Act, and the procedures set forth therein shall govern appeals.
(k) Applications for reinstatement of a certificate. After five (5) years of the effective date of revocation of a certificate, or after expungement of the offense(s) that formed the basis for the revocation by a court of competent jurisdiction, an individual may apply for reinstatement of the certificate in accordance with the application procedures set forth by the State Department of Education.
(l) Notifications of suspension or revocation. Upon the suspension or revocation of an individual's certificate, the State Department of Education shall notify the superintendent (or board of education, if the superintendent is the holder of the suspended or revoked certificate) of the district that most recently employed the certified individual based upon the individual's certification number and the personnel reports currently on file with the State Department of Education. In addition, the State Board shall to the extent possible notify the superintendents of all Oklahoma school districts. Notification shall also be provided to the extent possible to certification officers in each state or territory of the United States.
[OAR Docket #26-386; filed 6-1-26]
TITLE 210. State Department of Education
CHAPTER 10. SCHOOL ADMINISTRATION AND INSTRUCTIONAL SERVICES
[OAR Docket #26-387]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
210:10-1-4. Length of term [AMENDED]
210:10-1-5. Audits [AMENDED]
210:10-1-16. Oklahoma Academic Scholar and other student recognitions [AMENDED]
210:10-1-21. Emergency administration of anaphylaxis medication in public schools [AMENDED]
Subchapter 13. Student Assessment and School Accountability
210:10-13-1.2. Make-up assessments [AMENDED]
210:10-13-25. Determination of the chronic absenteeism indicator [AMENDED]
Subchapter 17. Federal Programs Complaint Procedures
210:10-17-1. Complaint procedures [AMENDED]
AUTHORITY:
Oklahoma State Department of Education, Oklahoma State Board of Education; Ok. Const. art. XIII § 5, Title 70 O.S. § 1-105, Title 70 O.S. § 3-104, Title 70 O.S. § 1-109, Title 70 O.S. § 11-103.2, Title 70 O.S. § 1-116.3, Title 70 O.S. § 1210.507, 20 U.S.C. § 7844
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The purpose of these proposed changes is to ensure clarity and uniformity as well as reflect current practices and procedures. The proposed changes bring rules in conformity with statute(s), provide updates to assessments, and bring rules into compliance with federal and state law.
CONTACT PERSON:
Kory L. Kile, Director of Legal Research/Administrative Rules Liaison, Office of Legal Services, State Department of Education, Hodge Education Building, 2500 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105. kory.kile@sde.ok.gov, (405) 885-3357
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
210:10-1-4. Length of term [AMENDED]
(a) Minimum length of the school year.Minimum length of the school year. The minimum length of the school year will be one hundred eighty one (181) (180) days or one thousand eighty six (1,086)(1,080) hours, provided up to five (5) days or thirty (30) hours per school year may be used for attendance of professional meetings. A school district that adopts a 1,0861,080 hours policy rather than a 181180 day policy shall notify the State Board of Education prior to October 15 of the applicable school year, and provide a copy of the school calendar as approved by the district's board of education. Except as otherwise authorized by law, beginning with the 2021-2022 school year, school must be in session and classroom instruction offered for a minimum of one hundred sixty-five (165) days each school year in every public school. Where professional days are taken, they shall be so recorded in the register of attendance in a like manner as holidays are recorded. The legal aggregate days attendance will be divided by days actually taught to obtain the legal average daily attendance. Any school district holding less than a full term will have its state aid reduced proportionately. No district may have less than a full term of school unless conditions over which it has no control exist that would prevent the district's holding a full term. In cases where sites within a district have different length terms the average daily membership (ADM) and average daily attendance (ADA) should be calculated for each site separately.
(b) Criteria for an alternate school calendar authorization.Criteria for an alternate school calendar authorization. Beginning with the 2021-2022 school year, a school district or charter school must meet the eligibility requirements below in order to request a waiver from the State Board of Education authorizing the district to implement a school year calendar for one or more site(s) that includes fewer than one hundred sixty-five (165) days when school is in session and classroom instruction offered. A district that wishes to apply for a waiver authorizing an alternate length school year shall submit an application addressing all criteria in this subsection no later than June 30 prior to the school year for which the waiver is requested. In order to enable school districts to adequately plan their academic calendars, a waiver application for this purpose may be submitted at any time after the student performance data and federal Every Student Succeeds Act (ESSA) status designations addressed under (b)(1) have been released to schools, provided all such applications must be received by June 30 prior to the applicable school year. The State Board of Education shall render a decision on school calendar waiver applications within sixty (60) days of receipt of a completed application and all necessary supporting materials. The term of a waiver granted under this Section shall be one (1) school year. To be eligible to apply for an alternate school calendar authorization, a school district must submit a narrative detailing how the proposed calendar is intended to benefit students, and evidence that the district meets all of the following requirements:
(1) Student performance. Specific performance criteria apply to schools with different grade ranges, and a district applying for a school calendar waiver must demonstrate that each of its school sites for which the waiver is requested meets the appropriate requirements for which data is available.
(A) Requirements for early childhood centers (pre-kindergarten through 2nd grade). The elementary school(s) that the early childhood site feeds into must meet all eligibility criteria under (b)(1)(B).
(B) Requirements for elementary schools and middle schools (pre-kindergarten through 8th grade).
(i) The school's student growth indicator letter grade is a "C" or higher on the most recent Oklahoma School Report Card issued under the school accountability system. A school's math and English Language Arts (ELA) growth is therefore a compensatory calculation for the purpose of waiver eligibility.
(ii) The school is not currently identified for Comprehensive Support and Improvement (CSI), Targeted Support and Improvement (TSI), or Additional Targeted Support and Improvement (ATSI).
(C) Requirements for high schools (9th grade through 12th grade).
(i) The school's 4-year cohort graduation rate is at or above the most recently reported state average graduation rate or 82%, whichever is higher.
(ii) The school's Academic Achievement indicator letter grade is a "C" or higher on the most recent Oklahoma School Report Card issued under the school accountability system.
(iii) The school attained a postsecondary indicator of a letter grade of "C" or higher on the most recent school report card issued under the school accountability system.
(iv) The school is not currently identified for Comprehensive Support and Improvement (CSI), Targeted Support and Improvement (TSI), or Additional Targeted Support and Improvement (ATSI).
(2) Financial criteria. Due to significant differences in the size and resources of school districts that make a universal standard for cost savings impractical, each district applying for a school calendar waiver shall submit a budget and a narrative describing cost savings. The budget submitted with the narrative describing cost savings shall be the most recent Estimate of Needs submitted by the school district or charter school to the County Excise Board.
(c) Attendance determination for students participating in school activities.Attendance determination for students participating in school activities. School activities must be under the direction or supervision of the teacher or supervisor whether such activities take place within or without the school building or school grounds in order to be considered a school day or part of a school day for attendance purposes. Pupils dismissed and not under the direction or supervision of the teacher cannot be considered as participating in scheduled school activities, provided that a student participating in online coursework or other remote instruction authorized by law for public school students may be included in attendance if the attendance requirements of the instruction program are satisfied. A student serving as a Page to the Legislature may be counted in attendance.
(d) All pupils attending any school within a school districtshall have their names entered in the attendance register and the district's student information system (SIS).
210:10-1-5. Audits [AMENDED]
(a) Financial audit. All schools are required to make available to personnel of the State Department of Education all records pertaining to Federal programs, state aid appropriations, and expenditures from the general fund of the previous year, making it possible to complete an audit on all funds. Public officials, members of the boards of education, superintendents, principals, and any other persons whose duty it is to make appropriations and/or expenditures in accordance with the provisions of applicable state and federal law, the regulations of the State Department of Education, and the adopted policies of the State Board of Education will be held responsible for any misappropriation or illegal expenditure of such funds.
(b) Penalty. If it is discovered that a school district is unable to pay its current year's obligations through careless handling of funds by a school administrator, the State Board of Education may require the administrator to show cause why their administrator's certificate should not be revoked.
(c) Student attendance record audits.
(1) Regional Accreditation Officers of the State Department of Education are required to audit the student attendance records of all Oklahoma public school districts.
(2) In addition to the Statistical Report, the official document for student attendance accounting and auditing is the Student Attendance Register. All other student attendance documents, reports, and summaries only support the accuracy of the Student Attendance Register and the Statistical Report.
(3) A school or program within a district that has a different school year from the district must present a separate Statistical Report and Attendance information reflecting the different school year for that school or program. The school or program will be audited separately from the district.
(4) Each person who keeps a Student Attendance Register is required to make all entries in ink, record the attendance data for each pupil each day, keep the Register in a safe place and understand that the Register is subject to audit at any time. The Student Attendance Register may be maintained in an electronic format, provided that a school district maintaining its Student Attendance Register in an electronic format implements appropriate strategies for backing up data in the event of a potential system failure or other threat to digital record storage and retention.
(5) If the attendance records show that school was maintained for less than a full annual term without approval of the State Board of Education, state aid will be reduced accordingly unless it can be shown that the attendance records as originally presented were in error.
(6) When attendance, membership, or transportation is deducted for any reason by the audit, state aid will be reduced accordingly. Factual information may be presented by the school within ninety (90) calendar days from the date of the audit showing acceptable evidence that indicates the audit is in error.
(d) Enrollment.
(1) Enrollment means recording the name of a pupil on a class roll. Total Enrollment for an attendance period or for the year, whether for a class or for an entire school is the number of all enrollments so recorded. If a student is promoted or moves from one district or school to another during a school year, the student's name will be recorded on each class roll concerned. A record of that student's enrollment will be included in the original and every subsequent roll even though the pupil will be dropped from the original roll and every subsequent roll except the current one.
(2) All students attending any school within a school district shall have their names entered in the attendance register and have their attendance recorded. Students are to be placed on roll the first day that the student actually attends class or participates in their instructional program.
(3) All Entries and Exits are to be entered in the Student Attendance Register on the day that the transaction occurs. Students are not considered on roll until they actually attend class or participate in instructional activities. Students are always considered on roll until an exit code is entered.
(e) Entry and exit.
(1) Entry codes will always be placed on the Student Attendance Register. An entry code indicates where the student is coming from, e.g., another school in the district, another school district in Oklahoma, another state or country, or a private school or other placement. The Basis of Admission will be entered on the date that the student begins school. A Basis of Admission code indicates why a student is enrolling, e.g., because they are a district resident, a transfer student, an out-of-home placement student, or another authorized basis for enrollment applies.
(2) Entry codes are recorded on the first day the student actually attends class or participates in instructional activities. Each different Basis of Admission must have its own unique code on the Student Attendance Register, and must be reported to the State Department of Education using the appropriate code from the most recent requirements document for the SIF (Schools Interoperability Framework)-compliant statewide student data system, available on the agency website.
(3) When a pupil enrolls in a public school in this state a second or succeeding time during the current school year, the entry must be reported to the State Department of Education using the appropriate entry code from the most recent requirements document for the SIF-compliant statewide student data system, available on the agency website.
(4) An exit code is recorded each time a student withdraws from school, and in certain other limited cases such as when a student changes grade level mid-year or changes to a different academic calendar through entrance into an alternative education program. Exit codes are to be recorded on the date when the exit occurred. A student is not considered to be off roll until an exit code is recorded. A student exit must be reported to the State Department of Education using the appropriate exit code from the most recent requirements document for the SIF-compliant statewide student data system, available on the agency website.
(f) Attendance and absence.
(1) A student is to be considered present only on those days when in actual attendance in school or when participating in scheduled school activities under the direction and supervision of a regular member of the faculty. A student who is excused from attending school because of sickness or for any other reason shall not be counted in attendance. Students authorized by law to attend a partial school day or partial school week schedule shall not be counted as absent if they are in attendance during their scheduled education program.
(2) All student attendance, absence and transportation information is compiled on a half-day basis with the exception of attendance, absence, and transportation information for half-day early childhood or kindergarten programs which are recorded on a full-day basis. A student must be in attendance for two-thirds (2/3) of the first half of the school day to be recorded present for one-half day; likewise, a student must be in attendance for two-thirds (2/3) of the second half of the school day to be recorded present for one-half day.
(3) As a condition of receiving accreditation from the State Board of Education, all students in grades nine (9) through twelve (12) shall enroll in a minimum of six (6) periods, or the equivalent in block scheduling, of rigorous academic and/or rigorous vocational courses each day, which may include arts, vocal and instrumental music, speech classes, and physical education classes.
(4) A student who is absent from instruction without excuse for ten (10) consecutive days is to be recorded as absent each day. On day eleven (11), the pupil is to be exited from the roll.
(5) A school day for kindergarten or early childhood can either be a half-day of at least two and one half (2 ½) hours, or the district's standard full school day. However, kindergarten and early childhood absence and attendance is always recorded on a full day basis. Three (3) year old students authorized to attend public school under the Individuals with Disabilities Education Act (IDEA) should not be indicated as absent if they are in attendance for their scheduled education program, including partial school day or partial school week instructional schedules.
(g) School activities. School activities may take place either on the school premises or off the school premises. In order for a student to be counted in attendance, the school activity must be under the direction and supervision of a teacher. Students dismissed and not under the direction and supervision of a teacher cannot be considered as participating in a school activity and cannot be counted in attendance. A student serving as a legislative page is to be counted in attendance at the school.
(h) Parent-teacher conference days. Only students active in membership are to be counted in attendance on parent-teacher conference days. For districts that use a one hundred eighty one (181)(180) day academic calendar, only one parent-teacher conference day per semester will be counted for attendance purposes as a regular school day and included as part of the one hundred eighty one (181)(180) days of required instruction. Other days are encouraged above the one day per semester for parent-teacher conferences, but will not be counted for attendance purposes as regular school days. For a school district which has implemented a one thousand eighty six (1,086)(1,080) hour school year pursuant to 70 O.S. § 1-109, parent-teacher conferences may be counted as instructional time for no more than six (6) hours per semester, for a total of up to twelve (12) hours per school year.
(i) Concurrent enrollment. A school district may receive full average daily attendance on a high school student who is participating in concurrent enrollment. In determining a legal school day for a student who is concurrently enrolled the district can use a combination of local school enrollment, college enrollment, and travel time. A student participating in concurrent enrollment is considered present when traveling to or from and while attending the college.
(j) Professional meeting day.
(1) The State Board of Education has defined a professional meeting day to be any day on which the faculty of a school district is engaged in the educational planning for improvement of the local school system; or that the faculty engages in a local, county, district or state education planning workshop or teacher's meeting. Such a day shall be identified as a professional day in each attendance register on the day the meeting occurred.
(2) Days used to work at the beginning or at the end of the school year shall not be counted as professional development activities. Preparing the classroom for instruction, grading papers, recording grades, completing report cards or enrolling students are not examples of professional development activities.
(3) A school district may not count more than thirty (30) hours each school year that are used for attendance of professional meetings toward the one hundred eighty one (181)(180) days or one thousand eighty six (1,086)(1,080) hours of classroom instruction time that school is required to be in session.
(k) Transportation.
(1) A student must reside one and one-half (1 ½) miles or more by commonly traveled road from the school attended to be considered transported. Students living less than one-and one-half miles from the school may be transported but shall not be counted as transported pupils on the Transportation Report for state aid purposes.
(2) Transportation may be provided for early childhood and kindergarten students to and from school during the normally scheduled morning and afternoon bus operation. Districts may also provide additional transportation, at local expense, for either early childhood or kindergarten students at midday. However, the school district is not required to provide midday transportation to either early childhood or kindergarten students. Midday transportation for early childhood and kindergarten pupils shall not be recorded on the Transportation Report.
(3) A legally transferred or tuition student residing outside of the school district's approved transportation area may be transported to the school provided the student meets the bus within the transporting district's approved transportation area. However, tuition students may not be counted as transported students on the Transportation Report.
(l) Authority for birth.
(1) Documentation that can be used to verify school age. Examples of Authority for Birth are:
(A) Birth certificate
(B) Attending physician's certificate
(C) Permanent school record
(D) Family bible
(E) Parent statement
(F) Last year's attendance register
(G) Other official scholastic record
(2) Birth certificates, if available, must be provided for early childhood, kindergarten, and first grade students who are first-time enrollees. Each different Authority for Birth must have its own unique code on the Student Attendance Register.
(m) Career and Technology Center. Students are considered in attendance when traveling to or from and while attending a Career and Technology Center.
(n) Home-based program. An educational program for special education students who are unable to participate in a full-day educational program at school, or for students who are unable to attend school in person for a period of time due to extended medical or other issues, and who receive education services from the school district at their home or an equivalent non-school site such as a hospital, provided by one or more certified teachers. Home-based pupils are considered on roll and in attendance for the duration of the time period they receive offsite education services from the school district.
(o) Out-of-home placement. A student who is not a resident of the district but is housed and educated in a residential child facility or a treatment center located in the district. Out-of-home placement students are carried on roll and are considered in attendance if they are present for their scheduled education program, whether at a school site or through offsite services provided by the district.
210:10-1-16. Oklahoma Academic Scholar and other student recognitions [AMENDED]
(a) Purpose. The rules of this subchapter have been adopted for the purpose of providing requirements for recognition as an Oklahoma Academic Scholar and other recognitions of student achievement. The purpose of the program is to recognize those secondary students within the State of Oklahoma who exceed the basic graduation requirements and who, through diligence, achieve academic ratings above those of their peers.
(b) Requirements for recognition as an Oklahoma Academic Scholar. Students who meet all the requirements listed below shall be recognized by the local school district and the State Board of Education as an Oklahoma Academic Scholar.
(1) Accumulate over grades 9, 10, 11 and the first semester of grade 12, a minimum grade point average of 3.7 on a 4.0 scale or be in the top 10% of their graduation class.
(2) Complete (or will complete) the curricular requirements for a standard diploma.
(3) Score at least a composite of 27 on the American College Test (ACT), a 1220 combined score on the Scholastic Assessment Test (SAT), or the equivalent score on the Classical Learning Test (CLT). The ACT or SAT must have been taken on a national test date or state-administered test date before the date of graduation. For students with documented disabilities requiring testing accommodations not available on a national or state administration date, a qualifying score on the ACT, SAT, or CLT may be demonstrated using alternate administration dates.
(c) Requirements for the Seal of Biliteracy. Students who meet the requirements listed below for both English and another language shall be recognized by the local school district and the State Board of Education with a Seal of Biliteracy in English and another language, which shall be noted on the student's transcript upon completion of the eligibility requirements and noted on the student's diploma upon graduation. The Seal of Biliteracy shall be available in two levels of distinction,: Gold - designates an Intermediate-Mid proficiency level, and Platinum, - designates an Advanced-Low proficiency level. The candidate shall use an approved assessment for each language (English and another language to qualify). For an assessment to be approved, it must be an outside assessment and include tasks requiring the candidate to produce spoken and/or written language as evidence of meeting the required proficiency level in language production, depending on the language’s available communication forms. Assessments will be regularly reviewed for eligibility and added or removed from the approved list based on their adherence to qualifying requirements. The Office of World Languages can approve or deny assessments as needed using the assessment criteria to meet students’ needs. The list of qualifying assessments may include:based on the following eligibility requirements:
(C) PSAT
(i) 10th grade. For a PSAT taken when the student is in 10th grade, a score on the Evidence-Based Reading and Writing section of at least 470 for Gold level recognition or at least 600 for Platinum level recognition.
(ii) 11th grade. For a PSAT taken when the student is in 11th grade, a score on the Evidence-Based Reading and Writing section of at least 570 for Gold level recognition or at least 620 for Platinum level recognition.
(D) International Baccalaureate (IB). A score of at least a 3 for Gold level recognition or at least a 4 for Platinum level recognition on the International Baccalaureate Test of English.
(1) Proficiency in English. The student must score at least the level indicated on one or more of the assessments below:
(A) ACT. A score on the English Language Arts section and optional essay of at least 18 for Gold level recognition or at least 21 for Platinum level recognition.
(B) SAT. A score on the Evidence-Based Reading and Writing (formerly verbal) section of at least 570 for Gold level recognition or at least 650 for Platinum level recognition.
(EC) Advanced Placement (AP). A score of at least a 3 for Gold level recognition on the Advanced Placement Test of English Language or Advanced Placement Test of English Literature, or a score of at least a 4 for Platinum level recognition on the Advanced Placement Test of English Language or Advanced Placement Test of English Literature.
(FD) WIDA ACCESS. A score of at least 4.5 through 5.7 on the WIDA ACCESS test for Gold level recognition, or a score of at least 5.8 on the WIDA ACCESS test for Platinum level recognition.
(GE) Classic Learning Test (CLT). A score on the English Art section of at least the equivalent of a score of 18 on the ACT for Gold level recognition or at least the equivalent to a score of 21 on the ACT for Platinum recognition.AAPPL. A score of at least Intermediate-Mid (I-3) on the Assessment of Performance of Progress toward Proficiency in Languages (AAPPL) for Gold level recognition, or a score of at least Advanced-Low (A-1) on the AAPPL.
(F) STAMP Suite of Assessments. A score of at least 5 on the Standards Based Measurement of Proficiency (STAMP) for Gold level recognition, or a score of at least 7 on the STAMP for Platinum level recognition.
(2) Proficiency in a language other than English. In addition to achieving a qualifying score in English on one of the assessments listed in (c)(1) above, the student must score at least the level indicated in a language other than English on one or more of the proficiency measures listed below:
(A) AAPPL or ALIRA. A score of at least Intermediate-Mid (I-4)(I-3) on the Assessment of Performance of Progress toward Proficiency in Languages (AAPPL) or ACTFL Latin Interpretive Reading Assessment (ALIRA) for Gold level recognition, or a score of at least Advanced-Low (A-1) on the AAPPL or ALIRA for Platinum level recognition.
(B) STAMP Suite of Assessments. A score of at least 5 on the Standards Based Measurement of Proficiency (STAMP) for Gold level recognition, or a score of at least 7 on the STAMP for Platinum level recognition.
(C) OPI, OPIc, or and WPT. A score of at least Intermediate-Mid for Gold level recognition, or at least Advanced-Low for Platinum level recognition, on the Oral Proficiency Interview (OPI), the Oral Proficiency Interview - Computer (OPIc), or the Written Proficiency Test (WPT).
(D) Advanced Placement (AP). A score of at least a 3 for Gold level recognition, or at least a 4 for Platinum level recognition, on the Language and Culture Advanced Placement (AP) test for the target language.
(E) SLPI. A score of at least Intermediate for Gold level recognition, or at least Advanced for Platinum level recognition, on the Sign Language Proficiency Interview (SLPI).
(F) Native American languages. The State Department of Education (OSDE) will consult with each tribal nation as appropriate to identify an appropriate measure of proficiency.
(G) Languages for which there is no standard assessment. If a request for a Seal of Biliteracy is received regarding a language for which there is no standard assessment but which is not a Native American language, the OSDE will work with relevant linguistic and/or cultural entities to identify an appropriate measure of proficiency.
(d) Requirements for the Civics Seal. Students who meet all the requirements listed below shall be recognized by the local school district and the State Board of Education with a Civics Seal. The Seal shall be noted on the student’s transcript upon completion of eligibility requirements, and noted on the student’s diploma upon graduation. The seal will be provided by the Oklahoma State Department of Education.
(1) Accumulate a 3.0 GPA in all social studies classes.
(2) Score 80% or higher on the United States Naturalization test.
(3) Score proficient or advanced on the College and Career Readiness Test for U.S. History/Government.(4) Complete 75 hours of community service including a written reflection of experiences, as determined by district and subsequently school site policy.
(5) Complete 3 Civics Engagement Programs belonging to a curated list that is approved by the State Board.
210:10-1-21. Emergency administration of anaphylaxis medication in public schools [AMENDED]
(a) General provisions.General provisions. Every public school district board of education that elects to stock epinephrine injectors pursuant to the provisions of Title 70 O.S. § 1-116.3, or any successor statute,70 O.S. § 1-116.3(B) shall adopt a policy and establish procedures to ensure safe administration of anaphylaxis medicine to a student in the event an emergency occurs while the student is attending school or participating in authorized school-sponsored activities on public school grounds. The State Board of Education shall adopt a model policy which is made available to school districts for this purpose.
(b) Definitions.Definitions. The following words and terms, when used in this Section, shall have the following meaning:
(1) "Medication" means a metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms, prescribed by a physician and having an individual label, or an anaphylaxis medication used to treat anaphylaxis, including but not limited to Epinephrine injectors, prescribed by a physician and having an individual label, or replacement pancreatic enzymes prescribed and individually labeled.
(2) "Self-administration" means a student's use of medication pursuant to prescription or written direction from a physician.
(3) “Respiratory distress” means the perceived or actual presence of coughing, wheezing, or shortness of breath.
(4) "Inhaler" means a device that delivers a bronchodilator to alleviate symptoms of respiratory distress that is manufactured in the form of a metered-dose inhaler or dry-powder inhaler and that may include a spacer or holding chamber that attaches to the inhaler to improve the delivery of the bronchodilator.
(c) School district decisions to stock epinephrine injectors.School district decisions to stock epinephrine injectors. Any school district that elects to stock epinephrine injectors pursuant to the provisions of Title 70 O.S. § 1-116.3, or any successor statute,70 O.S. § 1-116.3(B) shall ensure that its policy and procedures comply with all of the following requirements:
(1) Designation of primary school health professional. The superintendent shall be responsible for designating a primary school health professional at each school site. The duties of the primary school health professional at each site shall include:
(A) Responsibility for knowledge and execution of all policies and procedures pertaining to emergency administration of epinephrine injectors;
(B) Responsibility for obtaining epinephrine injectors at the school site;
(C) Responsibility for ensuring that epinephrine injectors are secured and safely stored at the school site;
(D) Responsibility for maintaining a list of students at each site for whom a valid waiver of liability executed by a parent or legal guardian is on file in accordance with the requirements of Title 70 O.S. § 1-116.3, or any successor statute,70 O.S. § 1-116.3(B)(2), and that the list is easily and quickly accessible to employees authorized to administer epinephrine injectors in emergency situations in which self-administration of medication by a student is not possible;
(E) Responsibility for maintaining a current list of all school employees authorized to administer emergency epinephrine injections at each school site; and
(F) Responsibility for proper storage, maintenance, and disposal of epinephrine injectors.
(2) Designation of school employees authorized to administer emergency epinephrine injectors. The superintendent shall ensure that each school site has designated a sufficient number of school employees at each site to ensure that an individual trained in the emergency administration of epinephrine injections is available on the school campus at all times during which students are present.
(3) Training in the use of epinephrine injectors. The superintendent shall ensure that all primary school health professionals and school employees authorized to administer emergency epinephrine injections designated in accordance with (1) and (2) of this subsection shall be provided with training in the recognition of the signs and symptoms of anaphylaxis and procedures for emergency administration of epinephrine injectors that meets the requirements of 70 O.S. § 1-116.3(B)(1)at a minimum, required annual training is available and required for teachers and school employees who are directly responsible for students on the topics of food allergies, recognizing anaphylaxis, and instruction on how to administer Epinephrine. The training shall be completed before the school year begins or upon hiring the teacher or school employee. Documentation certifying completion of the required training shall be retained in the personnel file of the teacher or school employee. The training may be provided online or in person by the school nurse or a recognized food allergy and anaphylaxis training program.
(d) In the event a student is believed to be having an anaphylactic reaction or respiratory distress, a school employee shall contact 911 as soon as possible. If Epinephrine is administered to a student, a school employee shall contact 911 as soon as possible. The school district shall notify the parent or guardian of any student who experiences a possible allergic reaction as soon as possible. Such provision shall be included in the school district’s policy and established procedures.
(e) The Oklahoma State Department of Education recommends notification to the parent or guardian of any student who experiences a possible allergic reaction, as provided for in section (d), within fifteen (15) minutes.
SUBCHAPTER 13. STUDENT ASSESSMENT AND SCHOOL ACCOUNTABILITY
210:10-13-1.2. Make-up assessments [AMENDED]
(a) Purpose. Any public school district or public charter school may determine if a senior student is eligible for make-up assessments due to an incomplete graduation requirement, provided, the senior student has met all other state and local graduation requirements and would have otherwise been eligible to graduate except for one or more missing assessments required to receive a standard diploma under Title 70 O.S. § 1210.508(F)(1) or an alternate diploma under Title 70 O.S. § 11-103.6(E)College and Career Ready Assessments: US History, Science, Math, ELA (ACT/SAT/ include both math and ELA) as required under 70 O.S. § 1210.508.F.1.
(b) Application. Any of the four (4) make up-assessments outlined in paragraph (a) of this section, or in the statutes listed therein, shall be part of the of the statewide student assessment system and shall be aligned to the Oklahoma Academic Standards or the Oklahoma Alternate Assessment Program as adopted by the State Board of Education. These assessments shall not be included in the state accountability system, nor are they intended to yield reportable data.
(c) Procedure. Upon administering any make-up assessment(s) to an impacted student, a public school district or public charter school may issue a standard diploma to the impacted student. The transcripts of an impacted student shall denote the student as having participated in the assessment(s) assessment in lieu of reporting an assessment score. The make-up assessment(s) shall be retained at the local school district as a record of student participation in fulfillment of the graduation requirement.
(d) Federal and state reporting. Any impacted student who takes one or more of make-up assessments outlined in paragraph (a) of this section shall not be added to the public school district's or public charter school's participation rate in assessments mandated by state and federal law.
210:10-13-25. Determination of the chronic absenteeism indicator [AMENDED]
(a) Purpose of the chronic absenteeism indicator. Because chronic absenteeism has been linked to lower academic performance, higher dropout rates, and diminished success after high school, Oklahoma has included chronic absenteeism as an indicator in the school accountability system adopted under the requirements of the Every Student Succeeds Act (ESSA). By highlighting the importance of regular school attendance to student success in school and beyond, the State of Oklahoma encourages schools to actively engage with students and their families in eliminating barriers to regular attendance, and to ensure students receive the supports needed to attend school every day.
(b) Authorization of policy establishing a medical exemption from chronic absenteeism. A public school district or charter school may establish a policy providing that student absences which are due to a significant medical condition (a severe, chronic, or life-threatening physical or mental illness, injury, or trauma) may be exempted from inclusion in the calculation of the chronic absenteeism indicator of the applicable student's school site upon determination of eligibility by a medical exemption review committee formed by the district or charter school. A chronic absenteeism medical exemption policy adopted by a public school district or charter school shall be developed in accordance with the guidelines in this Section.
(c) Definitions. The following words and terms, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:
(1) "Chronic absenteeism" means absence from school at least ten percent (10%) of the time that school is in session and the student is included in membership, eighteen (18) or more days on a 181180 day school calendar or ten percent (10%) or more of school days on a 1,0861,080 hours school calendar.
(2) "Significant medical condition" means, for the purposes of this Section, a severe, chronic, or life-threatening physical or mental illness, infection, injury, disease, or emotional trauma.
(d) Not all excused absences qualify for medical exemption. Certain student absences are classified as "excused" under state law and/or school policies, meaning that a student is considered absent for a valid reason under law or policy and the absence may not be associated with any penalties to the student. Examples include medically documented absences, which are considered excused under 70 O.S. § 10-105(B), and absences related to the military deployment activities of a student's parent or guardian, which are excused under 70 O.S. § 510.1(V)(E). If a student is absent in relation to their own or their household's homeless status, such related absences should be excused pursuant to the federal McKinney-Vento Act so the related absences do not serve as a barrier to enrollment or retention. These and other types of absences considered under law or policy as a valid basis to be absent from school should be indicated as "excused" in a school's student information system. However, the classification of an absence as "excused" such that no penalties accrue to a student in relation to the absence does not automatically qualify the absence for a medical exemption for purposes of the chronic absenteeism indicator. In order to be eligible for consideration under a chronic absenteeism medical exemption policy, an absence must fall under the definition of "significant medical condition" given in this Section.
(e) Absences from school that do not accrue toward chronic absentee status. A student with disabilities who is on an Individualized Education Program (IEP), or a student with a physical or mental impairment who is on a Section 504 Plan, is considered in attendance and does not accrue absences while receiving offsite services outlined in the IEP or Section 504 plan. A student on an IEP or Section 504 Plan whose condition worsens or who requires more frequent treatments should have their IEP or Section 504 Plan updated accordingly. A student who is receiving homebound education services from their school district is considered in attendance and does not accrue absences while in homebound status. A student receiving disciplinary action, such as out-of-school suspension (“OSS”), in-house suspension (“ISS”), or expulsion, shall not accrue absences; provided the child attends ISS.
(f) Effect of exempt absence. If a student has been determined to have a significant medical condition under the district or charter school's medical exemption policy, only absences that are related to the student's identified condition(s) or qualifying circumstances may be exempted from inclusion in the calculation of the chronic absenteeism indicator. Absences that are not related to the student's qualifying condition(s) or circumstances, such as routine illnesses or medical appointments, are not eligible for exemption under a school district's medical exemption policy. The exempt absence(s) of a student who has been granted an exemption of one or more absences from school in accordance with the provisions of this Section shall not be included in the calculation of the chronic absenteeism indicator on the school site report card.
(g) Reporting absences determined medically exempt to the State Department of Education. A school district or charter school that has adopted a chronic absenteeism medical exemption policy in accordance with this Section, and has determined under the policy that one or more student absences are medically exempt from inclusion in the chronic absenteeism indicator, shall report such absences determined medically exempt to the Oklahoma State Department of Education (OSDE) Office of Accountability. To ensure that an absence which has been determined eligible for a medical exemption by a school district's medical exemption review committee is identified as exempt in sufficient time for the absence to be excluded from the chronic absenteeism calculation, the Office of Accountability may set an annual deadline for the reporting of such medically exempt absences. The reporting of absences identified under a district's policy as medically exempt may require the submission of the district's chronic absenteeism medical exemption policy and documentation of the medical exemption review committee's approval of the exempted absences. All documentation considered during the medical exemption review committee's consideration of potentially eligible absences shall be maintained by the school district or charter school and shall be available to regional accreditation officers for auditing purposes.
(h) Effect of public health emergencies or other declared emergencies. In the event of an emergency declared by a federal or state government entity that impacts the operation of public schools in Oklahoma, or upon an action taken by the State Board of Education declaring such an emergency, the Oklahoma school accountability system shall make any appropriate accommodations authorized under federal law to mitigate the effects of the emergency on school accountability determinations for the affected school year(s). Student absences related to a state of emergency shall not be included in the calculation of the chronic absenteeism indicator. If there is any period of time during a state of emergency when public school operations are suspended, interrupted, or otherwise affected by the emergency conditions, the affected dates shall be excluded from the calculation of the chronic absenteeism indicator.
(i) Authority. Title 70 O.S. Section 1210.545.
SUBCHAPTER 17. FEDERAL PROGRAMS COMPLAINT PROCEDURES
210:10-17-1. Complaint procedures [AMENDED]
(a) Purpose. Federal programs regulations (34CFR Part 299, Subpart F S299.10-12) pertaining to programs under the reauthorized Elementary-Secondary Education Act require the State Education Agency Agencies (SEA) ("SEAs") to adopt written procedures, pertaining to programs under Titles I through VIII of the Elementary and Secondary Education Act of 1965 or any successor statutes for the purpose ofconsistent with state law, for:
(1) Receiving and resolving any complaint from an organization or individual that the SEA or an agency or consortium of agencies is violating a Federal statute or regulations that apply to a covered program listed in subsection (b) of this section.
(2) Reviewing an appeal from a decision of an agency or consortium of agencies with respect to a complaint; and
(3) Conducting an independent on-site investigation of a complaint if the SEA determines that an on-site investigation is necessary. See 34 C.F.R. Part 299, Subpart F; 20 U.S.C. Ch. 70.
(b) Covered programs. Programs covered by this section are the followingThe term “federal programs,” in this section, shall be in reference to Titles I through VIII of the Elementary and Secondary Education Act of 1965, or any successor statutes thereto. See 20 U.S.C. Ch. 70. The following ESEA programs are covered by this section:
(1) Part A of Title I (Improving Basic Programs Operated by Local Education Agencies).
(2) Subpart I of Part B of Title I (Reading First)
(3) Subpart 3 of Part B of Title I (Even Start Family Literacy Programs).
(4) Part C of Title I (Migrant Education).
(5) Part D of Title I (Neglected and Delinquent).
(6) Part F of Title I (Comprehensive School Reform)
(7) Part A of Title II (Teacher and Principal Training and Recruiting fund).
(8) Part B of Title II (Math and Science Partnerships).
(9) Part D of Title II (Enhancing Education Through Technology).
(10) Part A of Title III (English Language Acquisition, Language Enhancement and Academic Achievement).
(11) Part A of Title IV (Safe and Drug-Free Schools and Communities).
(12) Part B of Title IV (21st Century Community Learning Centers).
(13) Part A of Title V (Innovative Programs).
(14) Subpart I of Part B of Title VI (Small, Rural School Achievement Program).
(15) Subpart 2 of Part B of title VI (Rural and Low-Income School Program).
(1) Part A of Title I (Improving Basic Programs Operated by Local Education Agencies);
(2) Part B of Title I (State Assessment Grants);
(3) Part C of Title I (Education of Migratory Children);
(4) Part D of Title I (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk);
(5) Title II (Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders);
(6) Title III (Language Instruction for English Learners and Immigrant Students);
(7) Part A of Title IV (Student Support and Academic Enrichment Grants);
(8) Part B of Title IV (21st Century Community Learning Centers);
(9) Part B of Title V (Rural Education Initiative);
(10) Title VI (Indian, Native Hawaiian, and Alaska Native Education);
(11) Title VII (Impact Aid); and
(12) Part F, section 7881 of Title VIII (Participation by Private School Children and Teachers).
(c) Computing time. Days shall be counted on the basis of calendar days, and the last day of the period so computed shall be included, unless it falls on a Saturday, Sunday, legal holiday, or other day the Oklahoma State Department of Education does not remain open for public business until the regularly scheduled closing time, in which event the period runs until the end of the next day that the Oklahoma State Department of Education is open for public business.Complaint procedures at the local education agency (LEA) level.
(1) All complaints concerning an LEA should be filed with the appropriate LEA or with the General Counsel of the State Department of Education. Within thirty (30) days of receipt of a complaint, the applicant agency shall conduct an investigation of the allegation and resolve the complaint. Subsequent to the investigation and resolution, a written decision shall be filed with the General Counsel of the State Department of Education and the complainant.
(2) A complaint may be filed by parents, teachers, or other concerned individuals or by an organization in relationship to the program. An LEA is required to review all complaints made concerning a covered program if:
(A) the complaint is in written form and alleges that federal program requirements have been violated;
(B) the complaint is signed;
(C) the complaint includes the facts on which the statement is based and the specific program requirement alleged to have been violated; and
(D) the complaint includes information supporting the allegation along with the allegation.
(d) Complaints. A complaint in the form of a written, signed statement may be filed by an individual, an organization demonstrating a cognizable interest, a state agency, or a federal agency alleging that a Local Educational Agency (LEA), a state agency, a consortium of agencies, the State Department of Education, or the State Board of Education has violated a federal statute or regulation relevant to a federal program covered under this Section. Any complaint, including appeals from an LEA, a state agency, or a consortium of agencies must be filed within thirty (30) days of the action or inaction giving rise to the complaint.
(1) Within thirty (30) days of receipt of a decision, the SEA shall review the investigation and decision and make the LEA aware if further steps are to be taken by the LEA or the SEA. A complainant who is dissatisfied with the decision of the LEA may file an appeal with the SEA. A request for an appeal must be submitted in writing to the General Counsel of the State Department of Education within thirty (30) days of resolution of the complaint by the LEA.
(2) Upon receipt of an appeal, the SEA will request from the LEA a copy of the original complaint and evidence found during the investigation by the LEA. Upon receipt of evidence supplied by the complainant and the LEA, the SEA will either make a disposition from submitted documentation or conduct an independent, on-site investigation of the complaint if deemed warranted.
(3) Resolution of the complaint shall be made by the SEA within forty-five (45) days of receipt of an appeal. A request for an extension of this time limit may be submitted by either the LEA or complainant. An extension of this time limit will be made only if exceptional circumstances exist with respect to a particular complaint.
(4) Within ten (10) days of completion of the appeal review process by the SEA, a written decision will be provided to the person, persons, or organization making the complaint and to the LEA to which the complaint was filed.
(5) A complaint against an LEA made directly to the SEA without previously being filed with the appropriate LEA will be reviewed by the SEA to determine if an investigation is warranted by the SEA because of the seriousness of the complaint or if the complaint shall be returned to the complainant to be filed with the appropriate LEA. The forwarding of a complaint filed with the SEA requires the LEA to conduct an investigation and produce a decision within thirty (30) days of receipt of the complaint by the LEA.
(6) A direct complaint which the SEA determines must be investigated by the SEA will be resolved within forty-five (45) days of the receipt of the complaint by the SEA. A written decision will be provided to the person, persons, or organization making the complaint and to the LEA upon which the complaint was filed.
(7) The complainant has the right to request the Secretary of the United States Department of Education to review, at the Secretary's discretion, the final decision made by the SEA.
(8) Complaints against the SEA must be filed with the General Counsel of the State Department of Education. Complaints must:
(A) be submitted in written form and specify the federal program requirements alleged to have been violated;
(B) be signed;
(C) include the facts on which the statement is based and the specific program requirement alleged to have been violated; and
(D) include information supporting the allegation along with the allegation.
(9) The SEA will investigate and resolve the complaint and issue a written decision to the LEA and to the complainant within forty-five (45) days of receipt of the complaint.
(10) The complainant has the right to request the Secretary of the United States Department of Education to review, at the Secretary's discretion, the final decision made by the SEA.
(1) Complaints shall be submitted to: Oklahoma State Department of Education, Office of Legal Services, 2500 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105.
(2) A complaint must include the following or face dismissal:
(A) A statement that the LEA, state agency, consortium of agencies, the State Department of Education, or the State Board of Education has violated a requirement of a federal statute or regulation applicable to a covered program under (b) of this Section;
(B) The facts on which the statement is based, the specific requirement allegedly violated, and the relevant statute or regulation; and
(C) Relevant documentary or other evidence supporting the allegation.
(3) Every LEA is required to disseminate adequate information about its complaint procedures to parents of students and appropriate non-public school officials or representatives free of charge.
(4) Any complaint against an LEA, consortium of agencies, or state agency other than the State Board of Education must be filed with the subject entity for processing through any applicable complaint resolution processes. The State Department of Education may waive this requirement and accept a complaint against an LEA, state agency, or consortium of agencies in the first instance if it is determined that:
(A) Delay in resolving the complaint may result in serious and immediate harm;
(B) The allegations and supporting information, together with readily available data maintained by the State Department of Education, provide sufficient evidence to show probable success on the merits; or
(C) There is evidence that the LEA, state agency, or consortium of agencies is aware of the alleged violation and has failed to take reasonable action.
(e) Investigations/Determinations. The Oklahoma State Department of Education shall conduct any investigative efforts it deems necessary to effectively address a complaint. Such efforts may include the appointment of an investigative team to conduct an on-site visit, review records, or conduct interviews. The Oklahoma State Department of Education may conduct informal factfinding hearings or mediations to clarify the issues.
(1) Within forty-five (45) days of receiving of a procedurally proper complaint, the State Department of Education shall issue to complainant and to the LEA, state agency, or consortium of agencies a preliminary report containing:
(A) A summary of the substance of the allegations in the complaint and the name of the individual, organization, or agency making the complaint;
(B) A summary of the State Department of Education’s investigative activities, if any;
(C) A summary of the findings concerning each alleged violation or implied violation; and
(D) A statement of the corrective actions, if any, needed to resolve the findings, including a recommendation for an independent audit if deemed appropriate.
(2) The complainant and the LEA, state agency, or consortium of agencies may submit written responses or additional evidence within thirty (30) days of the date of the preliminary report.
(A) The response period of this paragraph may be waived by the parties.
(B) Failure to timely respond to the preliminary report pursuant to this paragraph shall be considered as acceptance of the report.
(3) Within ten (10) days following the preliminary report response period provided in (2) of this subsection, the State Department of Education shall issue to the complainant and to the LEA or state agency a final report.
(A) The final report may affirm and adopt the findings of the preliminary report, or it may make substitute findings.
(B) Parties are permitted to file written exceptions before the State Board of Education within (10) days of the issuance of the final report.
(C) Any exceptions, along with the final report will be placed before the State Board of Education for adoption, rejection, or modification.
(4) The Oklahoma State Department of Education may, in exceptional circumstances, grant extensions of any time limit in this section on its own initiative or on the request of a party.
(5) The complainant may request the Secretary of the U. S. Department of Education to review the final adopted report, at the Secretary’s discretion. A request for review must be filed with the Secretary, with a copy to the State Department of Education, within thirty (30) days of adoption. On request, the State Department of Education will promptly provide the complainant with a copy of the preliminary report, and final report, and all pertinent exhibits thereto.
(6) Nothing in this section shall prohibit informal disposition by stipulation, mediation, settlement, consent order, or default.
(f) Complaints by non-public schools participating in title programs.
(1) Notwithstanding (d)(4) of this Section, a non-public school official may directly file a complaint in the first instance with the State Department of Education asserting that an LEA did not engage in consultation that was meaningful and timely, did not give due consideration to the view of the private school office, or did not make a decision that treats the private school or its students equitably as required by law. [20 U.S.C. §6320(b)(6)(A)]
(A) A complaint under this subsection must be in writing and signed by the complainant; and
(B) A copy of the complaint must be simultaneously served on the LEA.
(2) The Oklahoma State Department of Education shall conduct any investigative efforts it deems necessary to effectively address a complaint. Such efforts may include the appointment of an investigative team to conduct an on-site visit, review records, or conduct interviews. The Oklahoma State Department of Education may conduct informal fact-finding hearings or mediations to clarify the issues.
(3) Within forty-five (45) days of receiving of a procedurally proper complaint, the State Department of Education shall issue to complainant and to the LEA a preliminary report containing:
(3) Within forty-five (45) days of receiving of a procedurally proper complaint, the State Department of Education shall issue to complainant and to the LEA a preliminary report containing:
(A) A summary of the substance of the allegations in the complaint and the name of the complainant;
(B) A summary of the State Department of Education’s investigative activities, if any;
(C) A summary of the findings concerning each alleged violation or implied violation; and
(D) A statement of the corrective actions, if any, needed to resolve the findings, including a recommendation for an independent audit if deemed appropriate.
(B) A summary of the State Department of Education’s investigative activities, if any;
(C) A summary of the findings concerning each alleged violation or implied violation; and
(D) A statement of the corrective actions, if any, needed to resolve the findings, including a recommendation for an independent audit if deemed appropriate.
(4) The complainant and the LEA may submit written responses or additional evidence within thirty (30) days of the date of the preliminary report.
(A) The response period of this paragraph may be waived by the parties.
(B) Failure to timely respond to the preliminary report pursuant to this paragraph shall be considered as acceptance of the report.
(B) Failure to timely respond to the preliminary report pursuant to this paragraph shall be considered as acceptance of the report.
(5) Within ten (10) days following the preliminary report response period provided in (2) of this subsection, the State Department of Education shall issue to the complainant and to the LEA a final report.
(A) The final report may affirm and adopt the findings of the preliminary report, or it may make substitute findings.
(B) Parties are permitted to file written exceptions before the State Board of Education within (10) days of the issuance of the final report.
(C) Any exceptions, along with the final report will be placed before the State Board of Education for adoption, rejection, or modification.
(B) Parties are permitted to file written exceptions before the State Board of Education within (10) days of the issuance of the final report.
(C) Any exceptions, along with the final report will be placed before the State Board of Education for adoption, rejection, or modification.
(6) The complainant may request the Secretary of the U. S. Department of Education to review the final adopted report, at the Secretary’s discretion. A request for review must be filed with the Secretary, with a copy to the State Department of Education, within thirty (30) days of adoption. On request, the State Department of Education will promptly provide the complainant with a copy of the preliminary report, and final report, and all pertinent exhibits thereto.
(g) Complaints against the State Department of Education or State Board of Education.
(1) Within ten (10) days of receiving a complaint pursuant to (d) of this Section, the State Superintendent of Public Instruction shall appoint a hearing officer to adjudicate the complaint.
(A) The hearing officer shall remain impartial and shall have power to maintain order to rule upon all questions arising during the course of the complaint resolution process; to hold conferences for the settlement, clarification, or simplification of issues; and to regulate and guide the course of the complaint resolution process.
(B) The hearing officer shall conduct the complaint resolution process in such a manner as to preserve privileges and protect privacy rights, consistent with the Family Educational Rights and Privacy Act [20 U.S.C. § 1232g] and any other relevant federal or state law or regulation.
(C) The hearing officer shall promptly issue a briefing schedule setting time limits for the submission of briefs, affidavits, declarations, exhibits, or other documents by the parties.
(D) Travel and other expenses incurred by the hearing officer shall be reimbursed from appropriate federal program funds at the rate allowed for employees of the State of Oklahoma. At the option of the Oklahoma State Department of Education, a pre-negotiated per diem may be paid in lieu of expenses to persons who are not employed by the State of Oklahoma.
(2) All testimony, whether written or oral, shall be given under oath.
(3) Upon the request of any party, the hearing officer shall set a hearing on the merits within sixty (60) days of the request.
(A) Any hearing shall be recorded. Any party wishing for a transcript of such recording shall bear the burden and expense of having the recording transcribed.
(B) Every party shall have the right to appear in person or by counsel.
(4) Within ninety (90) days of the receipt of the complaint, or sixty (60) days after holding a requested hearing, the hearing officer shall issue a written decision which shall include findings of fact and conclusions of law, separately stated, addressing every issue raised in the complaint. Copies of the decision shall be provided to the complainant and the State Department of Education.
(5) Parties are permitted to file written exceptions to the findings of fact and conclusions of law before the State Board of Education within (10) days of its issuance. Any exceptions, along with the final report will be placed before the State Board of Education for adoption, rejection, or modification.Complaint procedures at the SEA level.
[OAR Docket #26-387; filed 6-1-26]
TITLE 210. State Department of Education
CHAPTER 15. CURRICULUM AND INSTRUCTION
[OAR Docket #26-388]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 13. Special Education
210:15-13-4. Oklahoma Educational Interpreter for the Deaf Act [AMENDED]
210:15-13-7. Lindsey Nicole Henry Scholarship for Students with Disabilities Program [REVOKED]
Subchapter 27. Reading SufficiencyStrong Readers Act [AMENDED]
210:15-27-1. District Reading Sufficiency Plans and Summer Academy Reading Programs [AMENDED]
210:15-27-2. Good cause exemptions for promotion under the Reading Sufficiency Act [REVOKED]
210:15-27-3. Standards for mid-year promotion of retained third graders [REVOKED]
210:15-27-4. Individualized Program of Reading Instruction [AMENDED]
Subchapter 32. Oklahoma Math Achievement and Proficiency Act [NEW]
210:15-32-1. Summer Academy Math Programs [NEW]
AUTHORITY:
Oklahoma State Department of Education, Oklahoma State Board of Education; Ok. Const. art. XIII § 5, Title 70 O.S. § 1-105, Title 70 O.S. § 3-104, Title 70 O.S. § 13-115.4, Title 70 O.S. § 1210.508C, Title 70 O.S. § 1210.903
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The purpose of these proposed changes is to ensure clarity and uniformity as well as to reflect current practices and procedures. The proposed changes bring rules in conformity with statute(s) and into compliance with federal and state law.
CONTACT PERSON:
Kory L. Kile, Director of Legal Research/Administrative Rules Liaison, Office of Legal Services, State Department of Education, Hodge Education Building, 2500 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105. kory.kile@sde.ok.gov, (405) 885-3357
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 13. SPECIAL EDUCATION
210:15-13-4. Oklahoma Educational Interpreter for the Deaf Act [AMENDED]
In order to be considered an Educational Interpreter, an individual must meet the requirements set out in law or a comparable level of proficiency must be demonstrated.
(C) National Council for Interpreter's (NCI) Certificate.
(1) Comparable level of proficiency. A comparable level of proficiency may be obtained by passage of the following assessments defined as:
(A) Educational Interpreter Performance Assessment (EIPA) equals a 3.5 at the level in which the person interprets (i.e., elementary or secondary).
(B) Educational Sign Skills Evaluation for Signed Exact English (SEE) equals a 3.5 at the level in which the person interprets (i.e., elementary or secondary).
(2) Experience. Three year's experience in the field of deaf education is clarified as including interpreting in non-educational settings.
(3) System of continuing education.
(A) Educational interpreters must complete 10 continuing education units annually, 50% of which must include training in educational interpreting.
(B) In order to receive credit for continuing education units the course workshop or seminar must have been preapproved by the Oklahoma State Department of Education (OSDE).
(4) The Registry of Interpreters. The OSDE will develop a list of educational interpreters and in conjunction with the Department of Rehabilitation Services (DRS) maintain the list.
210:15-13-7. Lindsey Nicole Henry Scholarship for Students with Disabilities Program [REVOKED]
SUBCHAPTER 27. READING SUFFICIENCYSTRONG READERS ACT [AMENDED]
210:15-27-1. District Reading Sufficiency Plans and Summer Academy Reading Programs [AMENDED]
(a) Definitions. The following terms, when used in this Subsection, shall have the following meaning, unless the context clearly indicates otherwise:
(1) "Individualized Program of Reading Instruction", also referred to as "Academic Progress Plan" ("APP"), For purposes of this section, "Student Literacy Intervention Plan” ("SLIP"), means the program of reading instruction developed pursuant to Title 70 O.S. § 1210.508C for a student in kindergarten, first, second, or third grade who is not meeting grade level targets in reading, which is designed to enable the student to acquire the appropriate grade level reading skills.
(2) "READ Initiative" means the Reading Enhancement and Acceleration Development Initiative that each school district is directed to establish pursuant to 70 O.S. § 1210.508C, which shall be focused on preventing the retention of third grade students, and which comprises statutory components including but not limited to: availability to all kindergarten through third grade students at risk of retention as identified by Reading Sufficiency Act assessments; provision of services during regular school hours; and a reading curriculum that provides skill development in phonemic awareness, phonics, reading fluency, vocabulary, and comprehension.
(b) District Reading Sufficiency Plans.District Strong Readers Plans. Each public school district shall will develop a District Strong Readers Reading Sufficiency Plan that includes a plan for each school site. The district and site reading plans shall provide for all students to receive at least ninety (90) minutes of reading instruction. Each Strong Readers Reading Sufficiency Plan must be updated annually, signed by the school site principal, and electronically submitted to and approved by the Oklahoma State Department of Education (OSDE) Office of Literacy Curriculum and Instruction no later than August 30 as part of the requirements for receiving accreditation, provided that electronic submission and approval of annual updates to the district plan shall not be required if:
(1) The last plan submitted by the school district was approved; and
(2) Expenditures for the district's reading program include only expenses relating to:
(A) Individual and small group tutoring;
(B) Purchase of and training in the use of screening and assessment measures;
(C) Summer school programs; or
(D) Saturday school programs.
(c) Conditions requiring annual submission of Plans.Conditions requiring annual submission of Plans. If any expenditure for the district's reading program is deleted or changed or if any other type of expenditure for the district's reading program is implemented, the school district shall be required to submit the latest annual update for approval. Notwithstanding the provisions of (a)(1) and (2) of this Section, if a district has one or more schools that are not achieving the annual improvement goals as outlined in the Reading Sufficiency Act, or if a district has one or more schools designated as a Comprehensive School Improvement (CSI), More Rigorous Intervention (MRI), Targeted Support and Improvement (TSI), or Additional Targeted Support and Improvement (ATSI) site, the district shall submit its District Strong Readers Reading Sufficiency Plan for approval no later than August 30 of the applicable school year.
(d) Submitting data for the annual report to the Legislature.Submitting data for the annual report to the Legislature. Each school district and each school site shall submit to the State Department of Education the information to be used for the annually required Strong Readers Reading Sufficiency Act report to the Oklahoma Legislature by the submission deadline to be determined by the Office of Literacy Instruction of the State Department of Education.
(e) Reporting the number of students in need of remediation.Reporting the number of students in need of remediation. Each school district will submit to the OSDE the "Beginning of Year" report indicating the number of students in kindergarten, first, second and third grades found to be in need of remediation in reading based on screening instruments approved by the State Board of Education by October 1.
(f) Funding.Funding. Contingent on the availability of appropriated funds designated for the Strong Readers Reading Sufficiency Act, the State Department of Education may allocate funds to public school districts in accordance with the provisions of Title 70 O.S. § 1210.508D. Superintendents of school districts allocated such funds will sign and submit an assurance statement that their reading program meets the requirements of the Strong Readers Reading Sufficiency Act prior to receipt of funding. In order to be eligible for Strong Readers Reading Sufficiency Act funds, a school district must submit its District Strong Readers Reading Sufficiency Plan to the OSDE by August 30, and must submit its "Beginning of Year" report of the number of students in need of remediation by October 1. A school district that has not submitted either of these documents by the applicable due dates will not be eligible to receive Strong Readers Reading Sufficiency Act funds for the school year in which the submission was not provided to the OSDE by the due date. A district that is unable to meet a submission deadline due to a technical problem in its Student Information System or in a system operated by the OSDE should immediately notify the Office of Literacy Curriculum and Instruction of the technical difficulty preventing a timely submission, and may be provided an extension of the applicable due date until the relevant technical issue is resolved. A district that is unable to meet a submission deadline due to circumstances that are beyond the district's control, but not attributable to a technical issue, may file an appeal with the State Board of Education. Such appeals shall be considered by the Board within forty-five (45) days of receipt.
(g) Authorized expenses for RSA funds.Authorized expenses for RSA funds. Strong Readers Reading sufficiency funds allocated pursuant to subsection (e) of this Section must be used for expenses relating to individual and small group tutoring, purchase of and and/or development of instructional training in the use of screening assessment measures, summer academy reading sufficiency plan programs, Saturday school programs, and any other reading program or professional development training contemplated as necessary by the districts to perform the goals of the Strong Readers Reading Sufficiency Act for students in the kindergarten, first, second, and third grades who have been identified by the elementary site as in need of a program of reading instruction. Professional development funded pursuant to this Section shall be consistent with guidance made available on the OSDE website by the Office of LiteracyCurriculum and Instruction.
(h) Funding requirements. Districts that receive more that $2,500 in Strong Readers Funds must spend 10% of those funds on science of reading professional development by an approved vendor. This list will be maintained by the Office of Literacy and will be reviewed annually. Approved expenditures include registration, cost of substitutes, stipends for training done outside of contract hours, travel expenses and accompanying materials. Per diem may not be covered with these funds.
(hi) Summer Academy Reading Programs.Summer Academy Reading Programs. Summer Academy Reading Programs for students, as authorized by Title 70 O.S. § 1210.508E shall be courses that:
(1) provide at least four (4) weeks of tutoring a minimum of three (3) hours each day for four (4) days and focus on literacy instruction;
(2) incorporate the content of a reading sufficiency plan that meets the criteria set forth in the Strong Readers Reading Sufficiency Act;
(3) are taught by teachers who have successfully completed a professional development institute or program of at least six (6) hours and approved by the Office of Literacy in reading as prescribed by the statutory provisions of the Strong Readers Reading Sufficiency Act; and
(4) include only eligible students not reading at grade level based on results from an assessment approved by the State Board of Education. Education; and
(5) assesses participating students with the district adopted literacy screening assessment under the Strong Readers Act at the beginning and end of the session.
(ij) Alternative schedule for Summer Academy Reading Program.Alternative schedule for Summer Academy Reading Program. School districts observing a continuous learning calendar may request to implement a Summer Academy Reading Program on an alternative schedule throughout the extended school year (e.g., during intersession breaks) by submitting a proposed alternative Summer Academy Reading Program schedule to the OSDE for approval prior to the deadline established by the Office of LiteracyCurriculum and Instruction.
(jk) Exemption. In order to be exempt from the universal and dyslexia screening requirements, student literacy intervention plans, and any other requirements of the strong readers act, a student must have a completed form on file at the district level verifying their eligibility according to one of the following qualifications:
Promotion upon completion of a Summer Academy Reading Program. Upon completion of a Summer Academy Reading Program pursuant to 70 O.S. § 1210.508E, a student may demonstrate successful completion of the required competencies for reading necessary for promotion to fourth grade upon the student's completion of either:
(1) the student participates in the Oklahoma Alternate Assessment Program (OAAP) and is taught using alternate methods;
(2) the student’s primary expressive or receptive communication is sign language;
(3) the student’s primary form of written or read text is Braille; or
(4) the student’s primary expressive or receptive language is not English, the student is identified as an English learner using a state-approved identification assessment, and the student received less than one (1) school year of instruction in an English-learner program.
(l) Notice of proficiency. Notification of proficiency shall be sent to families no later than thirty (30) days after the close of the mid-year screening window. 210:15-27-2. Good cause exemptions for promotion under the Reading Sufficiency Act [REVOKED]
210:15-27-3. Standards for mid-year promotion of retained third graders [REVOKED]
210:15-27-4. Individualized Program of Reading Instruction [AMENDED]
(a) Eligible students. Students enrolled in kindergarten, first, second, and third grade in the public schools of Oklahoma shall be assessed at the beginning, middle, and end of each school year using a screening instrument approved by the State Board of Education. Any student found not to be reading at grade level shall be provided a Student Literacy Intervention Plan (“SLIP”) an Individualized Program of Reading Instruction designed to enable the student to acquire the appropriate grade level reading skills. Diagnostic assessment shall be provided if determined appropriate, and progress monitoring shall continue throughout the year.
(b) Student Reading Proficiency Team. For students found not to be reading at the corresponding grade level upon completion of an approved screening instrument, a Student Reading Proficiency Team shall be created. The following guidelines apply to Student Reading Proficiency Teams:
(2) For a third grade student who is not eligible for automatic promotion and who does not meet criteria on the reading foundations/processes and vocabulary portions of the third-grade assessment administered pursuant to 70 O.S. § 1210.508, a Probationary Promotion Reading Proficiency Team may evaluate the student for probationary promotion. Upon the unanimous recommendation of the Probationary Promotion Reading Proficiency Team and approval of the school principal and district superintendent, a student recommended for probationary promotion shall be promoted to fourth grade. The Probationary Promotion Reading Proficiency Team shall be composed of:
(A) The student's parent(s) or guardian(s);
(B) The teacher assigned responsibility for the student's reading instruction in that academic year;
(C) A teacher assigned responsibility for reading instruction in the student's next grade level; and
(D) A certified reading specialist.
(1) For a student not reading at the corresponding grade level in kindergarten, first grade, or second grade, or third grade as identified by an approved screening instrument, the Student Reading Proficiency Team shall develop an individualized program of reading instruction.
(2) The Student Reading Proficiency Team team shall be composed of:
(A) The student's parent(s) or guardian(s);
(B) The teacher assigned responsibility for the student's reading instruction in that academic year;
(C) A teacher assigned responsibility for reading instruction in the student's next grade level; and
(D) A certified reading specialist, if available.
(c) Program requirements. Each program of reading instruction shall include the requirements outlined in subsection D of provisions of the READ Initiative adopted by the school district as provided for in Title 70 O.S. § 1210.508C. For purposes of the Strong Readers Reading Sufficiency Act, a "program of reading instruction" shall be based upon a Multi-Tiered Systems of Support (MTSS) model, and shall include:
(1) Tier I. Tier I, or core instruction, is research-based reading instruction for all students that is based on the science of how students learn to read and is aligned with the Oklahoma Academic Standards. Tier I instruction provides all students a minimum of ninety (90) minutes of daily on-grade level reading instruction.
(2) Tier II. Tier II intervention is supplemental, direct, research-based instruction based on the cognitive science of how students learn to read, designed to supplement core instruction and address students' reading skill deficits. Tier II intervention is:
(A) Based on specific student needs, and consists of no less than twenty (20) minutes of instruction, three (3) times per week;
(B) Reflects the needed intensity and/or frequency as identified by an appropriate reading assessment; and
(C) Is determined by the teacher responsible for grade level Tier I reading instruction, reading specialist (if available), and building principal.
(3) Tier III. Tier III intervention is supplemental, direct, customized, and intensive research-based instruction based on the cognitive science of how students learn to read, designed to supplement core instruction and address students' reading skill deficits by targeting the area(s) of greatest need. Tier III intervention is:
(A) Based on specific student needs, and consists of no less than thirty (30) minutes of instruction, five (5) times per week, or in the alternative, forty (40) minutes, four (4) times per week;
(B) Reflects the needed intensity and/or frequency as identified by a diagnostic assessment; and
(C) Is determined by the teacher responsible for grade level Tier I reading instruction, reading specialist (if available), and building principal.
SUBCHAPTER 32. OKLAHOMA MATH ACHIEVEMENT AND PROFICIENCY ACT [NEW]
210:15-32-1. Summer Academy Math Programs [NEW]
(a) Purpose. The purpose of this subchapter is to establish requirements governing the operation of Summer Mathematics Academy Programs and other approved mathematics instruction options as authorized by Title 70 O.S. § 1210.903, or any successor statute thereto.
(b) Summer Academy Math Programs. Summer Academy Math Programs for students, as provided for by Title 70 O.S. § 1210.903, shall be courses that:
(1) Provide at least four (4) weeks of instructional time consisting of a minimum of three (3) hours each day for at least four (4) days;
(A) Instructional time shall include direct instruction, guided practice, and assessment activities aligned with the Oklahoma Academic Standards for Mathematics.
(B) Schools may extend instructional time or offer additional sessions at their discretion to meet student needs.
(2) Incorporate the contents of a Math Proficiency Plan that meet the criteria set forth in the Math Achievement and Proficiency Act;
(3) Are taught by teachers who have successfully completed a professional development institute or program in math as prescribed by the statutory provisions of the Math Achievement and Proficiency Act; and
(4) Evaluate how the Summer Academy Math Program impacted student achievement pursuant to paragraph (d) below.
(c) Alternative schedule for Summer Academy Math Program. School districts observing a continuous learning calendar may request to implement a Summer Academy Math Program on an alternative schedule throughout the extended school year (e.g., during intersession breaks) by submitting a proposed Alternative Summer Academy Math Program schedule to the Oklahoma State Department of Education (“OSDE”) for approval prior to the deadline established by the Office of Standards and Learning.
(d) Evaluation of student achievement. Each Summer Academy Math Program shall implement a system of evaluation to measure student progress in mathematics. Evaluation procedures shall include, at a minimum:
(1) A pre-assessment to determine the student’s mathematics proficiency at the beginning of the program;
(2) A post-assessment to measure achievement and growth upon completion; and
(3) A summary report of results to be submitted to the State Department of Education in a form prescribed by the Department.
(e) Compliance and reporting. By October 1 of each year, each school district shall submit to the OSDE – Office of Standards and Learning a report indicating the number of students in second, third, fourth and fifth grades found to be performing above grade level and below grade level in mathematics based on screening instruments approved by the Oklahoma State Board of Education. The report shall also include data collected pursuant to paragraph (d) on student achievement outcomes to assess the overall effectiveness of the Summer Academy Math Program.
[OAR Docket #26-388; filed 6-1-26]
TITLE 210. State Department of Education
CHAPTER 20. STAFF
[OAR Docket #26-389]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 9. Professional Standards: Teacher Education and Certification
Part 9. TEACHER CERTIFICATION
210:20-9-95. Effective date of teaching certificates [AMENDED]
Subchapter 13. Teacher Testing
210:20-13-1. Teacher testing regulations [AMENDED]
Subchapter 25. Teacher Incentive Pay Plan
210:20-25-1. Rules and regulations [AMENDED]
AUTHORITY:
Oklahoma State Department of Education, Oklahoma State Board of Education; Ok. Const. art. XIII § 5, Title 70 O.S. § 1-105, Title 70 O.S. § 3-104, Title 70 O.S. § 5-141.2
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The purpose of these proposed changes is to ensure clarity and uniformity as well as to reflect current practices and procedures. The proposed changes bring rules in conformity with statute(s) and into compliance with federal and state law.
CONTACT PERSON:
Kory L. Kile, Director of Legal Research/Administrative Rules Liaison, Office of Legal Services, State Department of Education, Hodge Education Building, 2500 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105. kory.kile@sde.ok.gov, (405) 885-3357
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 9. PROFESSIONAL STANDARDS: TEACHER EDUCATION AND CERTIFICATION
PART 9. TEACHER CERTIFICATION
210:20-9-95. Effective date of teaching certificates [AMENDED]
(a) New certificates. A non-emergency certificate issued to an applicant who completes all requirements and applies for the certificate between May July 1 and December 31 will be dated and become effective July 1 of the year the application was submitted,and provided all supporting documentation were are received., provided that Additionally, an applicant may be employed for a maximum of sixty (60) days pending receipt of results of a national criminal history record check pursuant to Title 70 O.S. § 5-142. A non-emergency certificate issued to an applicant who completes all requirements and applies for the certificate between January 1 and April June 30 will be dated and become effective the first day of the month in which the application was submitted, provided that and all supporting documents are were received by the State Board of Education. The effective date for all emergency certificates will be the first day of the month in which the application was submitted and all supporting documents are received, according to deadlines established by the State Board of Education.
(b) Renewal of standard certificates and licenses. Renewed standard certificates will become effective July 1 following receipt of the application provided the application is made prior to the expiration of the certificate. If a certificate has expired and a renewal application is submitted by December 31 of the year in which the certificate expired, the certificate shall be renewed with an effective date of July 1 of the year in which it expired. If a certificate has expired and a renewal application is submitted after December 31 of the year in which the certificate expired, the renewed certificate will be dated the first day of the month in which the application and all supporting documents are received. In the event an educator's certificate cannot be renewed due to failure to comply with Oklahoma's tax laws, the renewed certificate will be dated the date the State Department of Education receives notice from the Tax Commission that the educator has come into compliance.
SUBCHAPTER 13. TEACHER TESTING
210:20-13-1. Teacher testing regulations [AMENDED]
(a) Examinees.
(2) To register for the Oklahoma Teacher Certification Test(s), candidates may apply directly to the Teacher Certification Testing Section, State Department of Education (SDE) whose personnel will ensure that the candidate meets regulations contained in the TEACHER EDUCATION AND CERTIFICATION HANDBOOK, published by the SDE. In order to be eligible for registration, a candidate shall meet the state minimum coursework requirements for certification. The signature of approval of the college or university Director of Teacher Education (DTE) is not required for eligibility to test.
(1) Any person who applies for a teacher certification credential must take and receive a passing score on the a state-approved Oklahoma Teacher Certification Test(s) in the field(s) which corresponds or most closely corresponds to the desired credential(s).
(32) Upon passing the Teacher Certification Test(s) and the written test based solely upon the U.S. Naturalization Test, and upon application for certification to the State Department of Education, a license or certificate will be issued withoutwith college or university approval for traditional teacher education program completers, or with Oklahoma State Department of Education and/or another state-approved entity approval for non-traditional teacher candidates.
(b) Grandfather clause. The testing requirement(s) set forth in this section shall not apply to persons who were certified before February 1, 1982, including, without limitation, any certification credential(s) such "grandfathered" persons may have acquired up to October 1, 1986.
(c) Certification renewal. Such testing requirement also does not apply to the renewal of Oklahoma teacher certification credentials;
SUBCHAPTER 25. TEACHER INCENTIVE PAY PLAN
210:20-25-1. Rules and regulations [AMENDED]
(a) Purpose. The purpose of this rule is to establish a framework for the development, approval, and administration of an academically based incentive pay plan to recognize and reward effective classroom teaching. The rule is intended to promote instructional excellence, enhance student achievement, and improve teacher retention.
(b) Definitions.
(1) “Classroom Teacher” means any employee who holds certification and assignment outside of the classification of administrator.
(2) “Incentive Pay Award” means a one-time financial award, not exceeding fifty percent (50%) of the recipient’s regular annual salary, excluding fringe benefits and extra duty pay. Any incentive pay award shall be an annual award and shall not be a part of a continuing contract of a teacher. Any incentive pay awards received shall be excluded from the compensation of a teacher for purposes of calculating retirement pursuant to the Teachers' Retirement System of Oklahoma and shall not be subject to taxes levied by the Federal Insurance Contributions Act (F.I.C.A.), to the extent an exemption is provided by federal law.
(c) Authority. The State Board of Education, in compliance with the provisions of Title 70 O.S. § 5-141.2, or any successor statute(s) thereto, regarding academically based incentive pay plans for classroom teachers, shall adopt and post on its website five (5) model incentive pay plans. The Office of School and District Support shall annually notify local school districts of the availability for teachers to benefit from incentive pay, through local board adoption or teacher petition, along with any amendments made to the plans available for selection. In accordance with state law, the local board of education are not required to adopt or implement an incentive pay plan unless it chooses to do so or until a formal petition is received that meets the statutory threshold as provided herein.
(1) The local board of education shall adopt and implement an academically based incentive pay plan if a petition signed by twenty percent (20%) or more of the classroom teachers employed by the district is received. To be considered valid, the petition must:
(A) Be submitted in writing to the district superintendent;
(B) Include printed names and original signatures of partitional teachers; and
(C) Be verified by the district administration to confirm that at least twenty percent (20%) of classroom teachers employed at the time of submission have signed the petition.
(2) The teacher count used for verification shall reflect certified, non-administrative, instructional staff employed as of the date the petition is received.
(3) To ensure timely development and submission of the incentive pay plan, all petitions must be submitted on or before December 1st of the school year prior to the proposed implementation year (e.g., by December 1, 2024, for implementation in the 2025–2026 fiscal year).
(d) Plan development process. Prior to adopting or modifying an incentive pay plan, the local board of education shall:
(1) Review the model plans developed by the Oklahoma State Department of Education (“OSDE”) and shall consider one or more of the five model incentive pay plans developed and distributed by the OSDE pursuant to Title 70 O.S. § 5-141.2(A), or any successor statute(s) thereto. These models may be adopted in full, adapted to meet district needs, or used as a framework for a locally developed plan.
(2) Appoint an Incentive Pay Advisory Committee consisting of not less than four (4) and not more than ten (10) people and composed of:
(A) Classroom teachers;
(B) Parents and guardians;
(C) Local business leaders or farmers; and
(D) Other community members.
(3) Place the proposed plan on a board agenda for adoption after completion of, at minimum, a thirty (30) day public comment period ensuring transparency and community engagement.
(4) Submit the adopted plan to the Oklahoma State Board of Education for approval by March 1st of the preceding school year in which the plan is to be implemented or revised.
(5) Repeat this process each year the plan is modified to maintain compliance with state requirements and ensure continued citizen input.
(6) Seek the advice of the local teacher incentive pay plan advisory committee. Such advice shall include, what kind of academically based incentive pay plan the district will develop.
(e) Design of the local teacher incentive pay plan.
(1) The teacher incentive pay plan shall include the criteria for selection of the teacher incentive pay plan recipients.
(2) The teacher incentive pay plan shall include a description of the process of selecting teacher incentive pay recipients. There shall be no discrimination based on race, sex, age, color, religion, political affiliation or opinion, national origin, or physical handicap in the decision making process.
(3) The teacher incentive pay plan shall include a description of teacher incentive pay awards.
(4) The teacher incentive pay plan shall include an appeal process for the selection of recipients.
(5) The plan submitted to the State Board of Education shall include the names of the teacher incentive pay advisory committee along with identifying roles.
(6) The plan submitted to the State Board of Education shall include the names of the teacher local evaluation committee along with identifying roles.
(f) Management of the teacher incentive pay plan.
(1) The local board of education shall provide for the implementation of the teacher incentive pay plan with the advice of the Local Evaluation Committee.
(A) A Local Evaluation Committee shall be an advisory committee formed annually to:
(i) Review eligible classroom teachers based on plan criteria;
(ii) Recommend teachers and award amounts to the local board of education; and
(iii) Maintain confidentiality in the evaluation process; and
(B) Members of the Local Evaluation Committee shall recuse themselves from scoring or recommending any teacher with whom they have a direct supervisory relationship or a close personal/familial connection.
(C) All incentive award determinations shall be documented by the Local Evaluation Committee and made available to the district superintendent and local board of education.
(D) Nothing herein shall preclude the local board of education from awarding eligible classroom teachers based on plan criteria which were not recommended by the Local Evaluation Committee.
(E) The local board of education shall not appoint the same individual to serve on both the Local Evaluation Committee and the Incentive Pay Advisory Committee unless the district’s average daily attendance (“ADM”), pursuant to Title 70 O.S. 5-117.3, or any succeeding statute(s) thereto, is below 350 students.
(2) The local board of education shall be responsible for the management of the teacher incentive pay plan.
(A) Incentive pay awards may be funded through:
(i) Monies appropriated from the Oklahoma Legislature for reimbursement in accordance with Title 70 O.S. § 5-141.2, or any successor statute(s) thereto;
(ii) Monies otherwise appropriated from the Oklahoma Legislature;
(iii) Monies from the district general fund, as determined by the local board of education.
(B) The district superintendent or designee shall annually review the plan’s effectiveness and provide a report to the local board of education that includes:
(i) Participation rates;
(ii) Award distribution;
(iii) Teacher retention data; and
(iv) Community feedback.
(C) Based on this data, the local board of education may revise the plan for the following year, subject to seeking public comment and approval by the Oklahoma State Board of Education.
(3) The local board of education shall comply with any rules, forms, procedures, or reporting requirements established by law or regulation for the effective administration and oversight of incentive pay plans.
[OAR Docket #26-389; filed 6-1-26]
TITLE 210. State Department of Education
CHAPTER 35. STANDARDS FOR ACCREDITATION OF ELEMENTARY, MIDDLE LEVEL, SECONDARY, AND CAREER AND TECHNOLOGY SCHOOLS
[OAR Docket #26-390]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Standards for Elementary, Middle Level, Secondary, and Career and Technology Schools
Part 5. STANDARD III: ADMINISTRATION AND ORGANIZATION
210:35-3-46. Administrative and supervisory services [AMENDED]
Part 11. STANDARD VI: STUDENT SERVICES
210:35-3-106. Guidance and counseling services [AMENDED]
Part 21. STANDARD XI: ACCREDITATION STATUS
210:35-3-201. Statement of the standard [AMENDED]
Subchapter 11. Additional Standards for Career and Technology Education Programs in Comprehensive Secondary Schools and Career and Technology Schools
Part 5. STANDARD III: ADMINISTRATION AND ORGANIZATION
210:35-11-21. Administrative and supervisory services [AMENDED]
Subchapter 13. Standards for Accreditation of Career and Technology Schools
Part 5. STANDARD III: ORGANIZATION, ADMINISTRATION, AND PROGRAM OPERATIONS
210:35-13-26. School day and year [AMENDED]
Subchapter 29. Alternative Education Academies, Programs, and Schools
210:35-29-8. Requirements for alternative education programs [AMENDED]
AUTHORITY:
Oklahoma State Department of Education, Oklahoma State Board of Education; Ok. Const. art. XIII § 5, Title 70 O.S. § 1-105, Title 70 O.S. § 3-104, Title 70 O.S. § 3-104.4, Title 70 O.S. § 1-109, Title 70 O.S. § 3-145.8
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The purpose of these proposed changes is to ensure clarity and uniformity as well as to reflect current practices and procedures. The proposed changes bring rules in conformity with statute(s) and into compliance with federal and state law.
CONTACT PERSON:
Kory L. Kile, Director of Legal Research/Administrative Rules Liaison, Office of Legal Services, State Department of Education, Hodge Education Building, 2500 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105. kory.kile@sde.ok.gov, (405) 885-3357
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. STANDARDS FOR ELEMENTARY, MIDDLE LEVEL, SECONDARY, AND CAREER AND TECHNOLOGY SCHOOLS
PART 5. STANDARD III: ADMINISTRATION AND ORGANIZATION
210:35-3-46. Administrative and supervisory services [AMENDED]
(a) The school site shall be part of a system employing a full-time superintendent. If a vacancy occurs in the superintendency during the course of the school year, a certified replacement must be employed within forty-five (45) school days.
(b) It shall further be the responsibility of the local board, upon the recommendation of the superintendent, to employ an administrative head to be known as a principal for each of the schools within the district. Private schools shall employ a full-time principal/headmaster. Full time is defined as employed full time and therefore allows administrators to teach.
(c) Instructional leadership shall be the chief function of the school's principal. The principal shall be responsible for the improvement of instruction and be given the authority and resources needed to accomplish this goal. The principal shall help clarify the goals of the school, help obtain resources for it, coordinate its various activities, and promote its continuous evaluation to determine improvements needed.
(d) Lines of administrative and supervisory authority between the central office staff and the principal shall be defined clearly and shall give the principal responsibility for initiating appropriate changes to meet the needs of the students.
(e) The principal shall be involved in the selection, assessment, evaluation, retention, and promotion of all personnel assigned to the school.
(f) While working with faculty, staff, or students in the school, central office and other supplementary personnel shall coordinate their activities through the principal.
(g) The principal shall have the responsibility and the authority for the administration of the non-instructional programs in the school.
(h) The local board shall adopt a school calendar and school day consistent with statutory requirements in Oklahoma.
(i) If a school district on a traditional 181180 day academic calendar rather than a 1,0861,080 hour academic calendar determines that it is necessary to deviate from the required 6 hour school day because of severe weather conditions or fire, the administrator should report this, in writing, to the State Department of Education Office of Accreditation within seventy-two (72) hours. Any loss of school time shall require the superintendent to report the amount of time lost and the procedures to be used to make up the lost time. If a school district on a 1,0861,080 hour academic calendar adopted pursuant to 70 O.S. § 1-109 determines that it is necessary to cancel or shorten a school day due to severe weather or other such unavoidable conditions, the district may adapt the length of subsequent school days as necessary to ensure class is in session for at least the 1,0861,080 hours required for the school year. Any such adaptations to a school district's academic calendar that are made during the school year must be reported to the State Department of Education Office of Accreditation within seventy-two (72) hours, but pre-approval for the calendar adjustment is not required provided class time for the school year will not be reduced below 1,0861,080 hours.
PART 11. STANDARD VI: STUDENT SERVICES
210:35-3-106. Guidance and counseling services [AMENDED]
(a) Oklahoma School Counselors shall be certified by one of the following methods:
(1) Traditional Certification. For Traditional Certification, an Oklahoma School Counselor shall, prior to certification:
(A) possess a master’s degree in School Counseling Program;
(B) successfully pass the Oklahoma Subject Area Test (“OSAT”) in School Counseling;
(C) successfully pass a background check; and
(D) submit a recommendation for certification from the university from which their degree was awarded
(2) Alternative Certification. For Alternative Certification, an Oklahoma School Counselor shall, prior to certification:
(A) possess a master's degree in a school counseling-related field or a master's degree and two (2) years of counseling-related work experience;
(B) have successfully completed thirty (30) or more counseling-related graduate credit hours; or fifteen (15) or more counseling-related graduate credit hours and one year of counseling-related work experience; or three (3) or more years of counseling-related work experience
(C) successfully pass the Oklahoma Subject Area Test (“OSAT”) in School Counseling;
(D) successfully pass a background check; and
(E) successfully complete two (2) college credit courses, totaling at least six credit hours, within three (3) years, addressing the components of a Comprehensive School Counseling program, including but not limited to, data-informed decision-making, closing achievement, and opportunity gaps, school counseling ethical standards, and improving student achievement, attendance, and discipline or approved equivalents.
(3) Emergency Certification. Decisions regarding emergency certification are initially handled at the local school level and then must be subsequently approved by the Oklahoma State Board of Education.
(b) All Oklahoma School Counselors shall be trained in the pathways unit system as provided for in Title 70 O.S. §Supp. 2023, Section 11- 103.6, or any successor statute thereto.
(c) Schools shall develop a written Comprehensive School Counseling Program. “Comprehensive School Counseling Program,” for the purposes of this section, shall mean a program that has an impact on student growth in the areas of academic advisement, college and career, and life skills and wellness.
(d) Oklahoma School Counselors shall spend a minimum of eighty percent (80%) of total work time providing direct and indirect services that are components of the school’s Comprehensive School Counseling Program and shall spend the remaining percentage of total work time on program planning and providing school support.
(e) The Local Educational Agency (“LEA”) shall develop and implement a comprehensive school counseling program that is delivered by a certified Oklahoma School Counselor and ensures student services are coordinated in a manner that provides comprehensive support to all students.
(f) Oklahoma School Counselors shall adhere to the ethics and standards set forth within their School Counselor Certification Programs, the Oklahoma Standards of Performance and Conduct for Teachers, as well as all other applicable laws and regulations.
(g) Beginning with the 2023-24 school year, prior to annual enrollment of a new or returning student, the Parent or Guardian of a student may disclose to the student's resident district, as determined by Title 70 O.S. § 1-113, or any successor statute theretoSection 1-113 of Title 70 of the Oklahoma Statutes, if the student has received inpatient or emergency outpatient mental health services from a mental health facility in the previous twenty-four (24) months. For the purposes of this section, "mental health facility" shall have the same meaning as Title 43A O.S. § 5-502, or any successor statute theretoSection 5-502 of Title 43A of the Oklahoma Statutes.
(1) If a disclosure provided occurs, designated school personnel, which may include members of the individualized education program (IEP) team, shall meet with the parent or legal guardian of the student and representatives of the mental health facility prior to enrollment to determine whether the student is in need of any accommodations including but not limited to an IEP in accordance with the Individuals with Disabilities Education Act (IDEA) or a Section 504 Plan as defined by the Rehabilitation Act of 1973. The meeting required by this section may take place in person, via teleconference, or via videoconference.
(2) The disclosure and subsequent handling of personal health information and related student education records pursuant to this section shall comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
PART 21. STANDARD XI: ACCREDITATION STATUS
210:35-3-201. Statement of the standard [AMENDED]
(a) Each public school site, including charter school sites, must submit an Application for Accreditation to the Accreditation Standards Section of the Oklahoma State Department of Education ("OSDE") by the due date specified by the OSDEon the Application. School sites are accredited for one year. An accredited school site shall meet all applicable regulations and statutory requirements at the beginning of and throughout the school year.
(b) Each accredited school site shall meet and comply with all applicable regulations and statutory requirements at the beginning of and throughout each school year. Accredited school sites shall annually submit all reports and documentation required by the OSDE, including, but not limited to, those related to funding, health and safety, educator certification, school board governance, and other requirements established by state or federal law.
(c) In accordance with Title 70 O.S. §3-104.4, the Oklahoma State Board of Education ("OSBE") shall conduct a quadrennial accreditation review of each school district that meets full accreditation status with no deficiencies for two consecutive years. Districts and school sites shall submit all required annual reports and documentation as outlined above; however, a comprehensive accreditation review shall occur once every four years.
(bd) Accreditation status of school sites and school districts shall be classified according to the following categories:
(B) consistently violates regulations; and/or,
(1) Accredited With Distinction: A school district, and all of its school sites, shall be placed on Accredited with Distinction status when the district and all sites have maintained full accreditation with no deficiencies for two consecutive years. The district, and all of its school sites, shall maintain Accredited With Distinction status unless the district fails to comply with annual reporting requirements as outlined above. Failure to meet annual reporting requirements shall result in the district being placed on Accredited with Deficiencies status. were accredited with no deficiencies in the previous academic year, and the school applied for and received the distinction audit with the highest-level recommendation.
(2) Accredited With No Deficiencies: All standards are being met.
(3) Accredited With Deficiencies: A school district, or one or more of its school sites, fails to meet one or more of the accreditation standards, and it is the first year in which the deficiency or deficiencies have been cited. The number and nature of the deficiencies are not excessive and do not significantly impact the overall quality or compliance of the district or site.A school site or district fails to meet one or more of the standards but the deficiency does not seriously detract from the quality of the school's educational program.
(4) Accredited With Warning: A district, or one of its school sites, fails to correct one of more deficiencies identified in the previous year’s accreditation review, or demonstrates deficiencies significant enough to impact the overall quality or compliance of the district or site. A school site or district fails to meet one or more of the standards and the deficiency seriously detracts from the quality of the school's educational program.
(5) Accredited With Probation: A district or one of its school sites may be placed on Accredited with Probation status if it:A school site or district:
(A) has been on Accredited with warning status for two consecutive years with no documented corrective actions in place to address the cited deficiency or deficiencies, and/or,consistently fails to remove or make substantial progress towards removing all deficiencies noted the previous year; and/or,
(CB) deliberately and unnecessarily violates one or more of the regulations that significantly impact the overall quality or compliance of the district or site.
(6) Nonaccredited: The school site or district is no longer recognized by the State Board of Education.
(e) Removal from Accredited with Deficiencies, Accredited with Warning, or Accredited with Probation.
(1) Accredited With Deficiencies status shall be removed from a district or one of its school sites when all cited deficiencies from the previous accreditation cycle have been corrected. However, the Accredited with Deficiencies status shall remain in effect for the remainder of the current accreditation cycle. During the subsequent accreditation cycle, the district or site may be placed on Accredited with No Deficiencies status, provided no new deficiencies are identified.
(2) Accredited with Warning status shall be removed from a district or one of its school sites when the district or site has corrected all cited deficiencies from the previous accreditation cycle. However, the Accredited with Warning status shall remain in effect for the remainder of the current accreditation cycle. If the district or site corrects all previously cited deficiencies but new deficiencies are identified during the current accreditation review, the district or site may be placed on Accredited with Deficiencies, provided the new deficiencies do not demonstrate a significant impact on the overall quality or compliance of the district or site.
(3) Accredited With Probation status shall be removed from a district or one of its school sites when all cited deficiencies from the previous accreditation cycle have been corrected. However, the Accredited with Probation status shall remain in effect for the remainder of the current accreditation cycle. Upon removal from probation, the district or site shall be placed on Accredited with Warning status for at least one accreditation cycle to ensure continued compliance and verify that the previously cited deficiencies do not recur.
(4) If the district or site corrects all previously cited deficiencies but new deficiencies are identified during the current accreditation review, the district or site may be placed on Accredited with Deficiencies status, provided the new deficiencies do not significantly impact the overall quality or compliance of the district or site.
SUBCHAPTER 11. ADDITIONAL STANDARDS FOR CAREER AND TECHNOLOGY EDUCATION PROGRAMS IN COMPREHENSIVE SECONDARY SCHOOLS AND CAREER AND TECHNOLOGY SCHOOLS
PART 5. STANDARD III: ADMINISTRATION AND ORGANIZATION
210:35-11-21. Administrative and supervisory services [AMENDED]
Students may enroll in career technology courses at the comprehensive high school or in the technology centers or both. The technology center curriculum is an extension of the high school for students currently enrolled in a high school. The Technology Center is a separate entity in that it also serves adult students.
(1) All high school students shall be enrolled through a cooperative effort of sending comprehensive high schools and the Technology Center except in cases where the student's parent or guardian has provided an affidavit and sufficient evidence that he/she is participating in a home-schooled education plan in accordance with 70 O.S., Section 10-105.
(2) Student discipline and control shall be a cooperative effort between the comprehensive high school and the Technology Center. Each institution shall enforce rules and regulations in accordance with their board approved policies. Both institutions shall recognize the student's right to due process.
(3) The comprehensive high school shall notify the Technology Center when students wish to withdraw from the Technology Center.
(4) Attendance records and records of course work completed by a student in a Technology Center in Oklahoma shall be certified by the Technology Center to the sending school in which the student is regularly enrolled and shall be entered on the student's transcript according to the appropriate course title. These units of course work shall be counted toward meeting local and state requirements for graduation.
(5) The standard school year shall consist of not less than 181180 days. Courses offered in the Technology Center on the secondary level shall meet at least 175 days per school year and be accredited for 3 units. Comprehensive schools may elect to give the student 4 units of credit each year if the class meets for a length of time equal to that where 4 units of credit are offered in the comprehensive school. Request for credit to be offered other than specified in the approved program of studies for career technology education must be made to and approved by the appropriate division of the Oklahoma Department of Career and Technology Education and the Accreditation Section of the State Department of Education.
(6) Secondary career technology classes offered for credit outside the time frame of the regular school day shall meet the following criteria:
(A) The curriculum must be an accredited program and be taught by a certified instructor.
(B) Classes must meet a minimum of 60 hours for one-half unit or 120 hours for 1 unit of credit.
(7) Secondary career technology programs in the Technology Center shall be offered only to eleventh and twelfth grade students. Special permission may be granted for sophomores to enroll under the following provisions:
(A) Sophomores may be enrolled at the discretion of the high school principal and Technology Center administration. Factors to be considered for sophomore enrollment include over-age students, potential dropouts, and students with special needs. The high school principal shall present to the State Department of Education, Accreditation Section, a list of any sophomores included under the provision.
(B) Students who are on an Individualized Education Plan (IEP) may participate in the Technology Center program for up to 4 years.
SUBCHAPTER 13. STANDARDS FOR ACCREDITATION OF CAREER AND TECHNOLOGY SCHOOLS
PART 5. STANDARD III: ORGANIZATION, ADMINISTRATION, AND PROGRAM OPERATIONS
210:35-13-26. School day and year [AMENDED]
(a) A school shall organize its schedule of classes in a pattern most appropriate to achieving the mission, goals, and objectives of the program. A high school student who is enrolled at the Technology Center and the comprehensive high school may count travel time during the regular 6-hour day as a school activity.
(1) The standard school year shall consist of not less than 181180 days. Courses offered in Technology Centers on the secondary level shall meet at least 175 days per school year and be accredited for 3 units. Comprehensive schools may elect to give the student 4 units of credit each year if the Technology Center class meets for a length of time equal to that where 4 units of credit are offered in the comprehensive school. Requests for courses to be offered for less than 3 units of credit on a pilot basis must be made to and approved by the Technology Center division of the Oklahoma Department of Career and Technology Education and the Accreditation Section at the State Department of Education.
(2) Secondary career technology classes offered for credit outside the time frame of the regular school day shall meet the following criteria:
(A) The curriculum must be an accredited program and taught by a certified instructor.
(B) Classes must meet a minimum of 60 hours for one-half unit or 120 hours for one unit of credit.
SUBCHAPTER 29. ALTERNATIVE EDUCATION ACADEMIES, PROGRAMS, AND SCHOOLS
210:35-29-8. Requirements for alternative education programs [AMENDED]
(a) General requirements. Alternative education is an educational process incorporating appropriate structure, curriculum, interaction, and reinforcement strategies to stimulate learning with students who are at risk of failing to complete their secondary education for reasons which may include academic deficiency, behavioral difficulties, excessive absences, pregnancy or parenting, family issues, substance abuse, financial issues, physical or mental health issues, state custody, juvenile justice involvement, and/or other such factors, not including disability status. An alternative education program must provide the additional services and supports outlined in statute, and not merely an opportunity for credit recovery. To qualify as an approved alternative education program, a school district's alternative school or alternative education program must meet all requirements listed at 70 O.S. § 1210.568, including:
(1) Student-teacher ratios conducive to effective learning for at-risk students, which typically should not exceed a 15:1 student to teacher ratio;
(2) Appropriate structure, curriculum, interaction, and reinforcement strategies for effective instruction, typically including:
(A) Utilize attendance, academic, and behavior data for program improvement, and
(B) Utilize a system of student support such as RTI, PBIS, or MTSS;
(3) An intake and screening process to determine eligibility of students, typically including:
(A) Students are involved in enrolling in the program such that the program is accurately described as a “school of choice,” and
(B) An “at-risk” assessment should be used to determine eligibility in the program;
(4) Appropriately certified teaching faculty;
(5) Teaching faculty with experiences or personal traits that qualify them for successful work with at-risk students, typically including
(A) At least one representative of the district’s alternative education program must attend at least one of the Fall regional meetings at the State Department of Education, and
(B) Professional development intentionally designed to support alternative education is used to improve instruction and student succes;
(6) Collaboration with state and local agencies;
(7) Courses that meet the curricular standards adopted by the State Board of Education and additional remedial courses;
(8) Individualized instruction;
(9) Clear and measurable program goals and objectives;
(10) Counseling and social service components, typically including:
(A) Students meet with licensed/certified counselor(s) at least once a month in a group or individual setting
(B) As needed, an “at-risk” assessment is used to determine social service needs
(C) Counseling and social service agencies are an integral part of the alternative education program. Alternative Education programs engage with these agencies to provide additional student supports;
(11) Graduation plan for each student;
(12) Life skills instruction, which should typically be integrated weekly to include long term transition to self-sufficiency, employment, or financial stability for adult life;
(13) Opportunities for arts education, which must be infused into the academic curriculum at least monthly;
(14) A proposed annual budget;
(15) Service to students in grades seven (7) through twelve (12) who are most at risk of not completing high school for reasons other than disability, including, without limitation, allocating adequate funding and resources to support and protect the integrity of the program; and
(A) Allocating adequate funding and resources to support and protect the integrity of the program; and
(B) Providing Alternative Education students standard services including but not limited to physical classroom space, library access, school nutrition, and transportation; and
(16) Opportunities for student participation in vocational programs and extra-curricular activities such as athletics, band, and clubs.
(b) Submission of alternative education plan. Every school district shall submit and certify an Alternative Education Implementation Plan to the State Department of Education by September 1 of each year. This plan shall outline how the district will meet the criteria listed in subsection (a) to serve its at-risk students. The plan must be submitted and certified by school districts providing their own alternative education programs, as well as districts which offer alternative education through interlocal cooperative arrangements, and districts which have no alternative education program and receive no alternative education funding.
(c) Alternative education waiver available for elementary school districts. Revoked rule text because statute addresses waiver and additional rules are unnecessary.
(d) Deregulation not necessary for conforming alternative education programs. A school district need not apply to the State Board of Education for a deregulation in order to implement an alternative education program that meets all requirements listed in this subchapter and at 70 O.S. § 1210.566 through 70 O.S. § 1210.568.
(e) Board appeals for the sixteen criteria. Any school district who has valid reasons to comply with the criteria under subsection (a) aside from the typical definition, and any school district otherwise dissatisfied with the State Department of Education’s application of the criteria, may request review by the State Board of Education within thirty days of receiving a report from the Department.
[OAR Docket #26-390; filed 6-1-26]
TITLE 210. State Department of Education
CHAPTER 40. GRANTS AND PROGRAMS-IN-AID
[OAR Docket #26-391]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 83. Qualified Zone Academy Bonds [REVOKED]
210:40-83-1. Purpose [REVOKED]
210:40-83-2. Definitions [REVOKED]
210:40-83-3. Procedures for solicitation and acceptance of district applications [REVOKED]
210:40-83-4. Evaluation procedure [REVOKED]
210:40-83-5. Return of unused allocation [REVOKED]
AUTHORITY:
Oklahoma State Department of Education, Oklahoma State Board of Education; Ok. Const. art. XIII § 5, Title 70 O.S. § 1-105, Title 70 O.S. § 3-104, Oklahoma Executive Order 2020-03
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The purpose of these proposed changes is to reduce unnecessary state regulations and clean up the Oklahoma Administrative Code.
CONTACT PERSON:
Kory L. Kile, Director of Legal Research/Administrative Rules Liaison, Office of Legal Services, State Department of Education, Hodge Education Building, 2500 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105. kory.kile@sde.ok.gov, (405) 885-3357
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 83. QUALIFIED ZONE ACADEMY BONDS [REVOKED]
210:40-83-1. Purpose [REVOKED]
210:40-83-2. Definitions [REVOKED]
210:40-83-3. Procedures for solicitation and acceptance of district applications [REVOKED]
210:40-83-4. Evaluation procedure [REVOKED]
210:40-83-5. Return of unused allocation [REVOKED]
[OAR Docket #26-391; filed 6-1-26]
TITLE 218. Office of Educational Quality and Accountability
CHAPTER 10. EDUCATIONAL QUALITY
[OAR Docket #26-528]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 5. Educator Preparation Program Accreditation
218:10-5-1. Educator preparation program accreditation and review process [AMENDED]
218:10-5-3. Specific state requirements for program accreditation [AMENDED]
218:10-5-4. Standards for Oklahoma educator preparation programs [AMENDED]
Subchapter 7. Educator Assessment Regulations
218:10-7-4. CALT and CERI Micro-Credentials [NEW]
Subchapter 9. Education Leadership Oklahoma
218:10-9-1. Education Leadership Oklahoma regulations [AMENDED]
Subchapter 10. TEACHFORWARDOK PROGRAM
218:10-10-1. TeachForwardOK Program [NEW]
AUTHORITY:
Commission for Educational Quality and Accountability, 70 O.S. § 3-116.2; Creation of Office of Accountability, 70 O.S. § 3-117; Oklahoma Teacher Preparation Act, 70 O.S. § 6-180 et seq., specifically including 70 O.S. § 6-186.1; Education Leadership Oklahoma Act, 70 O.S. § 3-204 et seq.; and 70 O.S. § 7002.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 13, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 21, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The material amendments to 218:10-5-1: Clarify that OEQA accreditation site reviews may be conducted either virtual or on-site and therefore changes any references to “site visit,” “site visits,” “site visitor,” “site visitors,” or “visiting” to “site review,” “site reviews,” “site reviewer,” “site reviewers,” or “reviewing” respectively; Clarify the composition of the state site accreditation review team, for initial and continuing accreditation, including the roles of the reviewers and observers; and Clarify the composition of the members of CEQA Appeals Board for appeals related to programs and state accreditation.
The material amendment to 218:10-5-3 changes the composition of the participants in program review to indicate that participation of parents of P-12 students and business community leaders actively involved in assisting P-12 schools is optional, rather than required due limited availability of this category of participants.
The material amendments to 218:10-5-4: Clarify that all educator preparation programs shall meet the most current CAEP standards in effect, which may be revised or amended from time to time, by replacing language that identified prior CAEP standards; and Clarify the information to be provided in the annual report submitted by educator preparation programs.
218:10-7-4 is a new and addresses CALT and CERI Micro-Credentials as required by new law codified at 70 O.S. § 7002.
The material amendments to 218:10-9-1: Clarify the amount of the Education Leadership Scholarship and that it be used for National Board assessment fees as provided in the amended 70 O.S. § 6-204.2.
218:10-10-1 is a new and addresses the pilot TeachForwardOK Program as required by new law codified at 70 O.S. § 6-186.1.
CONTACT PERSON:
Michelle Seybolt, Ed.D., Executive Director, Office of Educational Quality and Accountability, 405-522-8228, Michelle.Seybolt@oeqa.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(5) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 5. EDUCATOR PREPARATION PROGRAM ACCREDITATION
218:10-5-1. Educator preparation program accreditation and review process [AMENDED]
(a) Oklahoma educator preparation institutions function under an 'accreditation program' system which requires the evaluation of teacher education units and programs on a periodic basis.
(b) Effective July 1, 2014 the Commission of Educational Quality and Accountability, hereafter referred to as the CEQA, shall assume responsibility for accrediting educator preparation programs in Oklahoma's public and private institutions of higher education.
(c) The program accreditation system shall be a multifaceted system based on:
(1) A competency-based educator preparation program built around the standards for Oklahoma educator preparation programs (See 218:10-5-3 and 218:10-5-4);
(2) Self-studies as outlined in the standards for state accreditation;
(3) On-site accreditationAccreditation review team site visitsreviews (either virtual or on-site) toof the campuses of the institutions of higher education;
(4) Analysis of data related to student success rates on the general education, professional education, and subject matter assessments;
(5) Analysis of student satisfaction data;
(d) Prior to being accredited each institution must meet the eligibility requirements for accreditation and all requirements of the CEQA, and receive the approval of the Oklahoma State Regents for Higher Education, Hereafter referred to as the OSRHE, when applicable. An institution seeking first-time or initial accreditation must complete a two (2) part application process beginning with Part 1 to establish the status of the applicant and ending with Part 2 to establish accreditation eligibility. After acceptance of the Part 1 application by CAEP and/or CEQA, the educator preparation program, hereafter referred to as EPP, must submit the Part 2 application and schedule a site visitreview within a three (3) year period. The site visitreview must occur within five (5) years of the date of acceptance of the Part 1 application.
(1) Part 1: Applicant Status. The Part 1 application is completed by the EPP administrator, signed by the administrator and the president, and submitted to CAEP and/or CEQA.
(2) Part 2: Accreditation Eligibility. Upon acceptance of the Part 1 application, the EPP is granted applicant status. The EPP submits the following:
(A) Description of evidence demonstrating the capacity to prepare educators and/or other school professionals, as requested annually by OEQA, this may include data such as, but not limited to, 24 months of educator candidate data consisting of GPAs and competency examinations scores as defined by the OEQA.
(B) Evidence that graduates/completers are eligible for an educator license issued by the state.
(C) A list of all programs offered for the preparation of P-12 educators and/or other school professionals.
(D) An accreditation plan for programs by site of operation including number of completers.
(E) A list of all of the EPP clinical educators (faculty).
(F) Information on applicable EPP characteristics, such as governance, regional accreditation, and Carnegie classification.
(G) Evidence of parity in resources, facilities, and finances in comparison to another professional field based preparation program of the EPP's choice.
(H) Copies of EPP-created assessments and scoring guides for unit-wide evaluation of candidate performance, not including proprietary assessments such as licensure examinations.
(e) The OEQA is a performance-based partner with the OSRHE and CAEP. All educator preparation programs shall be expected to meet all State unit and program accreditation standards, and CAEP standards when applicable, State Department of Education competencies, OSRHE teacher education policies as well as all additional standards established by the CEQA.
(1) Self-study. The self-study shall be utilized by the CEQA for state accreditation, OSRHE program review, and CAEP accreditation as stipulated in OS 70 sections 6-180.
(2) Records to be kept on file at the institution. The following items and records shall be kept on file at the institution with the director/dean of teacher education.
(A) Copy of the self-study;
(B) Copy of annual report to the CEQA;
(C) Syllabi for courses in the areas of specialization, general education, and professional education will be kept on file with the institution; and
(D) The qualifications of all faculty members and all instructing personnel.
(E) Copies of program review reports.
(F) Candidate competency examinations scores as defined by the OEQA.
(3)OEQA personnel will establish an accreditation visitsite review schedule that will adhere to State accreditation timelines, and CAEP timelines when applicable.
(4) Selection of accreditation review team. Selection of the accreditation review team will be coordinated by the OEQA staff after the visitationsite review dates are set. Selection of the accreditation review team shall be based on the following:
(A) ) For CAEP reviews, team members must have been trained by CAEP staff and/or their designee in the application of CAEP standards and on the process for evaluating programs for the CEQA.
(B) Accreditation team for first accreditation. The membership of a first accreditation review team shall be as follows:
(i) Three to six CAEP site visitorsreviewers (for institutions seeking national accreditation)
(ii) The state site review team shall consist of a minimum of three reviewers: One site reviewer from the OEQA serving as State Consultant; One at-large site reviewer; and One site reviewer from higher education who is a member of an educator preparation unit. When possible, for accreditation of private institutions, OEQA shall appoint one state reviewer from a private institution. When possible, for accreditation of public institutions, OEQA shall appoint one state reviewer from a public institutionState site visitors appointed by the OEQA including: One P-12 site visitor (when available); one site visitor from higher education who is a member of an educator preparation unit. For accreditation of private institutions the site visitor shall be from a private institution; for public institutions this site visitor shall be from a public institution; One site visitor from the OEQA serving as State Consultant; One additional at-large site visitor;
(iii) For any institution requesting accreditation of a career technology program(s) an additional site visitorreviewer may be recommended by the State Director of Career and Technology Education.
(iv) The OEQA may invite observers representing the Oklahoma State Regents for Higher Education, Oklahoma State Department of Education, Oklahoma Department for Career and Technology Education, professional organizations, and the community-at-large.
(v) Observers shall be actively involved in the data collection process, participate in the accreditation review team meetings, and assist the accreditation review team to understand state nuances. They may assist with writing the state team report. They shall not be a voting member of the team.
(vi) Observers are expected to participate in the entire visitsite review and all assigned meetings and activities.
(vii) The chair of the accreditation review teamState Consultant has the authority to dismiss any observer from the accreditation visitsite review who does not participate in the entire site review and assigned activities.
(viii) The OEQA shall collaborate with the director of educator preparation at the institution requesting state accreditation regarding the team representation.
(ix) State site visitors will number no less than two.
(C) Accreditation team for continuing accreditation. The membership of a continuing accreditation review team shall be as follows:
(i) CAEP site visitorsreviewers as determined by CAEP, when applicable (for CAEP accredited institutions);
(ii) State site visitorsreviewers which will number no less than two.
(iii) The OEQA shall collaborate with the director of educator preparation at the institution being reviewed regarding the state team representation;
(iii)(iv) The OEQA may invite observers representing Oklahoma State Regents for Higher Education, State Department of Education, and the community-at-large. If a Career and Technology program is offered at the institution the State Director of Career and Technology Education may nominate a site visitorreviewer for any institution requesting accreditation of career and technology program(s);
(iv)(v) Observers shall be actively involved in the data collection process, participate in the accreditation review team meetings, and assist the accreditation review team with understanding state nuances. They may assist but shall not be required to write any sections of the team report. They shall not be a voting member of the team.
(v)(vi) Observers are expected to participate in the entire visitsite review and all assigned meetings and activities.
(vi)(vii) The chair of the accreditation review teamState Consultant has the authority to dismiss any observer from the accreditation visitsite review who does not participate in the entire site review and assigned activities.
(D) Accreditation teams for non-CAEP accredited institutions shall be composed of state site visitorsreviewers.
(E) CEQA members and OEQA appointees who are involved in a unit or program evaluation and/or accreditation, must complete training, as determined by CEQA, prior to voting and/or participating in any accreditation decisions.
(5) Logistics for CAEP/State accreditation visitsite reviews shall adhere to the CAEP and State guidelines.
(A) The accreditation process will include
(i) Successful completion of application (for first and initial accreditation)
(ii) Submission of Self-Study Report containing evidence of meeting accreditation standards and state requirements
(iii) Response to the Formative Feedback Report
(iv) Site visitreview
(B) The completed accreditation review team report will be presented to the CEQA and CAEP (as applicable).
(C) VisitingReviewing team members shall conduct site visitsreviews virtually when possible. VisitingReviewing team members will not be reimbursed for expenses incurred for conducting an on-site visitreview when a virtual visitreview is possible.
(6) Preparation of the team report. The accreditation review team work will culminate in preparation of a report outlining the findings of the team following State accreditation guidelines, and CAEP guidelines when applicable. The report will reflect the team consensus on the review.
(A) At the exit report, representatives of the accreditation review team will present a summary of its evaluation of the program. The summary will include an evaluation of the completeness, quality, and strength of evidence for each standard and state requirement.
(B) The completed CAEP and OEQA reports will follow the CAEP timelines for submission; and
(C) The summary evaluation will be presented to the CEQA for determination of final state accreditation decision. For CAEP accredited institutions, final accreditation decisions will be made after CAEP has forwarded its accreditation decision to the CEQA.
(7) Final action. Final action on the reports and institutional accreditation will proceed according to CAEP/state guidelines and policies.
(A) Final action by the CEQA may include the following:
(i) Accreditation is granted for seven (7) years if the EPP meets all of the accreditation standards and required components, even if areas for improvement (AFIs) are identified.
(ii) Accreditation with Stipulations is granted if an EPP receives one (1) or more stipulations on non-required components(s) and all standards are met. A targeted response to the stipulations(s) must be submitted to the Accreditation Council and/or CEQA for review by the end of the second year following the application of the stipulation. Failure to submit a response to the stipulation within a two-year (2) time frames results in automatic revocation. Failure to correct the condition leading to the stipulation within the specified two-year (2) period results in revocation.
(iii) Probationary Accreditation is granted for two (2) years when an EPP does not meet one (1) of the CAEP Standards or fails to meet not more than one required component under any one (1) standard. If the probationary status is for failing to meet one of the CAEP standards, a targeted response to the stipulations(s) must be submitted to the Accreditation Council and/or CEQA for review by the end of the second year following the application of the stipulation, and the EPP must undergo a targeted site visitreview and submit an interim self-study report. If the probationary status is for failing to meet not more than one required component, a targeted response to the stipulations(s) must be submitted to the Accreditation Council and/or CEQA for review by the end of the second year following the application of the stipulation, and the EPP must undergo a document review. Failure to submit a response to the stipulation within a two-year (2) time frame results in revocation. Failure to correct the condition leading to the stipulation within the specified two-year (2) period results in revocation.
(iv) Revocation (for Continuing) or Denial (for Initial) of accreditation occurs if an EPP does not meet two (2) or more of the accreditation standards. In a case where accreditation is revoked, the EPP can begin the application process after one (1) calendar year from the date of the final decision. All students who have been admitted to the program must be notified by mail, within 30 days of receipt of the CAEP or CEQA decision, as to the revocation of accreditation of the unit and programs. Within 30 days of receipt of the CEQA decision, the institution provides to the OEQA the names, admission dates, and majors of all students admitted to their program at the time of the decision. Institutions that lose their state accreditation may recommend candidates for certification for one year from the end of the semester in which accreditation is revoked.
(B) All final actions shall be reported annually in the OEQA annual report.
(8) Appeals Board.
(A) The appeals process for National Accreditation will follow the guidelines and criteria contained in the CAEP Appeals Policy;
(B) For appeals related to program(s) and state accreditation the CEQA shall consider the recommendation of the CEQA Appeals Board whose membership shall include:
(C) Membership of CEQA Appeals Board shall be:
(i) CEQA chair. The CEQA Chair shall be the Chair of the Appeals Board;
(ii) Representative from OEQA with State Consultant experience;
(iii) Program subject matter and/or standards expert(s). If the appeal is related to a specific program, the program expert shall be in the area(s) being appealed;
(iv) One P-12 school classroom teacher(optional);
(v) One member trained as a site visitorreviewer (when applicable);
(vi) One educator preparation faculty representative; and
(vii) One representative from the arts and sciences faculty or from school administration.
(9) Appeal of an accreditation adverse action.
(A) An educator preparation program may formally appeal an adverse action (denial or revocation of accreditation) CEQA by indicating its intent in writing within 15 days of receipt of its accreditation letter and action report. The program shall submit its petition within 30 days after its letter of intent.
(B) CEQA may affirm, amend, or reverse the accreditation decision. The decisions of the CEQA are final. While the appeal is pending, the educator preparation program's prior status remains in effect.
(C) The basis for appeal of an accreditation adverse action is:
(i) OEQA procedures not followed by visitorreviewer teams, Commissioners, or OEQA staff;
(ii) A conflict of interest or prejudice by members of visitorreviewer teams, Commissioners, or OEQA staff that influenced the accreditation decision;
(iii) The accreditation decision is not supported adequately or is contrary to facts presented and known at the time of the decision;
(10) Reconsideration of a stipulation or a probationary accreditation decision.
(A) An educator preparation program may ask for reconsideration of a CEQA stipulation or conditional term decision. An educator preparation program may, by a formally documented petition, request reconsideration of any decision that cites a stipulation or grants a conditional term for accreditation. OEQA staff will undertake a preliminary review of petitions with the educator preparation program and take the request to the CEQA chair to determine whether to submit the request to the CEQA.
(B) The basis for reconsideration of a stipulation or a conditional term decision is:
(i) CEQA procedures not followed by visitorreviewer teams, Commissioners, or OEQA staff;
(ii) A conflict of interest or prejudice by members of visitorreviewer teams, Commissioners, or OEQA staff that influenced the accreditation decision;
(iii) The accreditation decision is not supported adequately or is contrary to facts presented and known at the time of the decision.
(11) Cost of review.
(A) If the appeal leads to an affirmation of the CEQA original decision, the appellant will be liable for the expenses of the CEQA Appeals Board, the second accreditation review team visitorreviewer, and all expenses related to the review. All expenses will be reimbursed according to state travel reimbursement guidelines.
(B) If the CEQA Appeals Board finds in favor of the institution, the CEQA will be liable for expenses of the AB and second accreditation review team. All expenses will be reimbursed according to state travel reimbursement guidelines.
218:10-5-3. Specific state requirements for program accreditation [AMENDED]
(a) The following requirements apply to both undergraduate and graduate programs. The governance and administration of the total educator preparation program standard is based on the premise that there must be a recognizable and functioning governance entity within the institution's administrative structure which has responsibility for designing, approving and continuously evaluating and developing educator preparation programs. This governing unit may be a council, committee, department, school, college, or any other recognizable entity, which includes the administration of educator preparation as one of its functions. The governing unit membership and responsibilities include the following:
(1) Membership on the educator preparation governing unit shall be defined by written policy to include:
(A) A majority of the members who have a minimum of three years teaching experience in public schools;
(B) A majority of the members in the governance unit who are currently teacher education faculty members;
(C) Some faculty members who shall represent the arts and sciences;
(D) A designated director of educator preparation defined as the institution's official representative for educator preparation. The authority and responsibilities of this individual shall be clearly defined in written policies; and
(E) A clearly defined process whereby faculty members and administrators become members and the terms of office.
(2) The responsibilities of the educator preparation governing unit shall be defined by written policy to include:
(A) Responsibilities of the officers of the unit;
(B) Responsibilities of the unit's standing committees; and
(C) Responsibilities in the following areas as they are related to educator preparation:
(i) Admission/retention in educator preparation;
(ii) Field experience and student teaching (admission and placement);
(iii) Development of courses and program curricula; and program review, evaluation and planning.
(3) Program review, evaluation and revision responsibilities include:
(A) The governance unit shall conduct at least one systematic review, evaluation, and when appropriate, revision of all educator preparation programs within each accreditation period;
(B) Periodic program reviews and revisions shall be based on, but not limited to, stated goals and objectives; and
(C) The process for conducting program review, evaluation, and revision shall include, but not be limited to, participation by the following:
(i) Educator preparation faculty and arts and science faculty;
(ii) Graduates of the programs;
(iii) Students currently in the program;
(iv) Teachers and administrators from the public schools;
(v) Optional:Parents of P-12 students and business and community leaders who are actively involved in assisting P-12 schools.
(4) Documentation related to the budget-making process and level of financial support shall include the following:
(A) A clearly defined budget-making process for all teacher education programs; and
(B) An analysis showing that the institution's financial support for programs in educator preparation areis maintained at a level appropriate for a professional preparation program.
(b) Educator preparation faculty workload policies, including class-size and online course delivery, should allow faculty members to be effectively engaged in teaching, scholarship, assessment, advisement, collaborative work in P-12 schools, and service. Faculty loads for teaching on campus and online generally do not exceed 12 hours for undergraduate teaching and nine hours for graduate teaching per semester or the equivalent. Supervision of clinical practice does not generally exceed 18 candidates for each full-time equivalent faculty member per semester or the equivalent.
(c) Candidate-related standards are to be consistent with accreditation standards.
(d) Program decisions of the professional education unit are to be guided by a conceptual framework, which establishes the shared vision for the preparation of teacher candidates.
(1) The conceptual framework application for state initial accreditation.
(2) The conceptual framework shall consist of:
(A) The program's philosophy, purposes, professional commitments and dispositions;
(B) A knowledge base that provides the foundation for the framework;
(C) Performance expectations for candidates that align with professional, state and institutional standards; and
(D) A system by which candidate performance is regularly assessed.
(e) The following guidelines are to be used to collect and maintain data on each institution's educator preparation program:
(1) The institution shall establish a process which seeks information and program input from educator preparation faculty; faculty from arts and sciences and other programs and disciplines which are appropriate; candidates within the educator preparation program; teachers, administrators, parents, guardians or custodians of students; and business and community leaders.
(2) The institution shall establish procedures to inform the public regarding the educator preparation program and to solicit and receive public input.
(3) The self-study shall be accessible to any interested party under the Oklahoma Open Records Act.
(4) The submitted institutional plan must be approved by the institution's governing board.
(5) Annual reviews and reports indicating program changes.
(f) The following policies, procedures and guidelines are used to direct the content and candidates' experiences of each institution's teacher preparation program.
(1) Programs require teacher candidates to have speaking and listening skills at a novice high level in a language other than English or the knowledge and skills necessary to address the needs of Emergent Bilingual (English Learner) students in the P-12 classroom and are proficient in the strategies required for successful delivery of P-12 instruction in that area. The assessment for such competency may occur at any point in the teacher candidate's program through specified course work, approved by the Office of Educational Quality and Accountability (OEQA), and as may be required by the institution.
(2) General studies requirements for candidates include the arts, communication, history, literature, mathematics, philosophy, sciences, English, government, and the social sciences.
(3) Programs establish cohort or colleague groups within the institution to assist teacher candidates in achieving competencies, better adapting to the school environment and furthering professional growth.
(4) Candidates complete a well-planned sequence of courses and/or experiences in pedagogical studies that ensures student competency in the Oklahoma State Department of Education Full Subject Matter Competencies for Teacher Licensure and Certification.
(5) The guidelines and standards for program reviews representing specialty organizations and national learned society standards are used in developing programs in each content area.
(6) Secondary and elementary/secondary teacher candidates have undergraduate majors or their equivalents, in a subject area.
(7) Teacher candidates in early childhood, elementary, and special education have subject area concentrations, which allow qualification as a generalist. To qualify as a generalist, candidates must document competency in mathematics, science, language arts, and social studies as identified in the CAEP professional learned societies' standards and State Department of Education Full Subject Matter Competencies for early childhood, elementary and special education.
(8) Teacher candidate coursework includes the study of substance abuse symptoms identification and prevention; mental illness symptoms identification and mental health issues; classroom management skills; trauma-informed responsive instruction; classroom safety and discipline issues and multi-tiered systems of support.
(9) Teacher candidate coursework or training includes the use of digital and other instructional technologies to effectively maximize student learning.
(10) Early childhood, elementary education and special education candidates; training includes research-based instructional strategies for instruction, assessment and intervention for literacy development for all students, including advanced readers, typically developing readers and struggling readers who are coping with a range of challenges, including, but not limited to, English learners and learners with handicapping conditions and learning disabilities (including dyslexia).
(11) Teacher candidates must complete and have a minimum of 60 hours of diverse field experiences prior to their student teaching internship, unless in a qualified job embedded competency based Teacher Registered Apprentice Program (See US DOL Standards). Teacher candidates must complete the equivalent of twelve (12) weeks of student teaching under the direct supervision of a mentor teacher serving as the teacher of record and has a minimum of three years of teaching experience in the area for which they are certified, or complete a qualified job embedded competency based Teacher Registered Apprentice Program. The Teacher Registered Apprentice Program must also include a teacher mentor with no less than three years of experience.
(12) Teacher candidates are provided with advisement services to assist them in taking course work designed to maximize their opportunities for certification and employment. At a minimum, teacher candidates are provided information on the latest supply and demand information concerning teacher employment, state salary structure, and teaching shortage areas.
(13) Substantive collaboration and classroom interaction with students accompany theoretical curriculum, thus allowing teacher candidates the opportunity to apply theory to actual classroom situations.
(14) Instruction integrates pedagogical competencies or skills with experiences in the school setting.
(15) Teacher candidates are provided with opportunities to have parental, family and community involvement within their pre-service programs.
(16) The unit establishes and publishes a set of criteria/competencies for exit from each professional education program. These criteria/competencies reflect the Oklahoma Department of Education General Teacher Competencies and/or subject matter competencies outlined in the CAEP national (professional) learned societies' standards.
(17) The unit establishes and publishes the criteria/competencies for exit and satisfactory completion adhering to all rules and regulations established by the Oklahoma State Department of Education.
(18) A candidate's mastery of a program's stated exit criteria or competencies is assessed through the use of multiple sources of data such as culminating experience, portfolios, interviews, videotaped and observed performance in schools, standardized tests and course grades.
(19) Effective September 1, 2015 mentor teachers are required to have minimum of three years of teaching experience in the area in which they are certified.
(g) The following guidelines are to be used to facilitate the professional learning of faculty: Teacher education faculty continue their professional learning during their tenure at an institution of higher education to ensure that the future teachers of Oklahoma are taught by professional educators fully trained in their areas of expertise. Professional development for teacher educators and arts and sciences faculty should be focused on the faculty members' ability to model such effective teaching strategies as inquiry, group discussions and collaborative learning.
(h) The following policies are to be used to evaluate individual program areas at each institution: The institution shall submit program reviews for each required program area based upon the CAEP and/or State policies, guidelines and accreditation schedule. An educator preparation provider that has secured specialty area accreditation from a specialized accrediting agency that is recognized by the U.S. Department of Education or CHEA can choose to have any such accredited program(s) exempted from review.
(i) Gifted Education and Elementary Math Specialist programs, requiring no more than eighteen hours of graduate level coursework, designed as endorsement programs for certified educators are submitted to OEQA for process approval.
218:10-5-4. Standards for Oklahoma educator preparation programs [AMENDED]
(a) All educator preparation programs shall meet the standards as defined by CAEP for initial and advanced programs. CAEP standards may be revised or amended from time to time and all educator preparation programs shall meet the most current standards in effectEffective September 1, 2016 standards as defined by CAEP shall apply to undergraduate and graduate programs.
(1) Standard One: Content and pedagogical knowledge.
(2) Standard Two: Clinical partnerships and practice.
(3) Standard Three: Candidate recruitment, progression, and support..
(4) Standard Four: Program impact.
(5) Standard Five: Quality assurance system and continuous improvement.
(b) Effective September 1, 2019, accreditation standards as defined by CAEP shall apply to advanced programs.
(1) Standard A.1: Content and Pedagogical Knowledge.
(2) Standard A.2: Clinical Partnership and Practice.
(3) Standard A.3: Candidate Quality and Selectivity.
(4) Standard A.4: Satisfaction with Preparation.
(5) Standard A.5: Provider Quality Assurance and Continuous Improvement.
(b)(c) Annual report. Each Oklahoma educator preparation unit shall submit an annual report to the OEQA. This report will satisfy the requirements for the CEQA, OSRHE, State Department of Education, and CAEP/AACTE. The following information will be included in the report:
(1) Changes that occurred in implementation of the standards outlined in the Institution Plan as a result of local and statewide evaluations/assessments, public hearings or other reasons
(1)(2) Progress made in addressing the stipulations/areas for improvement, if any, identified by the most recent on-site visitreview by the on-site accreditation review team. When the CEQA has determined that an education unit is not making progress toward the removal of the area for improvement on a state requirement, the institution will be notified that the unit is required to submit a plan and timeline for addressing the areas for improvement. If at the end of six (6) months the CEQA determines the education unit has not submitted sufficient data documenting adequate progress toward the removal of the areas of improvement, a state-level Target VisitReview will be warranted within 18 months. After such Target VisitReview the CEQA will have the option of granting continuing accreditation or revoking accreditation. This progress will be annually reviewed by the OEQA.
(3) Quantitative data related to the unit's programs as required in the AACTE/CAEP Annual Report. These data shall reflect information pertaining to supply and demand for teacher candidates;
(2)(4) Program changes being implemented for OEQA and CAEP continued accreditation;
(5) Report on resources devoted to technology;
(3)(6) Report on professional development activities of faculty;
(4)(7) Report on the number of hours each faculty member taught or were in direct contact with students in public schools;
(8) Report on the number of graduate students admitted conditionally and the success rates.
(9) Report on the results of the assessment of teaching skills in the area of reading instruction as administered to candidates in elementary, early childhood education, and special education.
(5)(10) Report on the participation in the alternative placement programs offered by the institution.
(6)(11) Report on the procedures used to inform the public regarding the institution's teacher education program and the manner through which public input is solicited and received.
(7)(12) Annually, the OEQA shall provide feedback to any institution if their annual report indicates that progress is not being made in addressing areas for improvement.
(8)(13) Complete copies of the annual reports for public institutions will be distributed to OSRHE and summary data for all institutions will be distributed to constituents based on reporting requirements outlined in 70 O.S., Section 6-186.
(9)(14) The OEQA will produce a report describing the accreditation status of each institution. This report will devote a section to each institution separately and include a summary of CAEP and OEQA review findings. 218:10-7-1.
SUBCHAPTER 7. EDUCATOR ASSESSMENT REGULATIONS
218:10-7-4. CALT and CERI Micro-Credentials [NEW]
(a) CALT and CERI micro-credentials. Pursuant to 70 O.S. § 7002, a CALT micro-credential and CERI micro-credential are available for certified teachers who complete Certified Academic Language Therapist (CALT) certification or Center for Effective Reading Instruction (CERI). A certified teacher who earns a CALT micro-credential or a CERI micro-credential pursuant shall be authorized to screen students for and identify characteristics of dyslexia. A CALT or CERI micro-credential awarded pursuant to 70 O.S. § 7002 and this rule shall be reflected on a teacher’s certificate to teach.
(b) Requirements for a CALT micro-credential. The following shall be the requirements for a CALT micro-credential:
(1) A master’s degree in an education related field or other field approved by CEQA;
(2) Completion of a comprehensive therapy-level training through a program accredited by the Academic Language Therapy Association (ALTA). A list of accredited programs may be found at https://www.altaread.org/membership/training/;
(3) Successful passage of the ALTA Competency Exam for Multisensory Structured Language Education (MSLE) at the Therapy Level; and
(4) Twenty-eight (28) days of instruction post the passage of the ALTA Competency Exam for MSLE at the Therapy Level as approved by CEQA.
(c) Requirements for a CERI micro-credential. The following shall be the requirements for a CERI micro-credential:
(1) A master’s degree in an education related field or other field approved by CEQA;
(2) Completion of a comprehensive therapy-level training through a program accredited by the International Dyslexia Association (IDA) which shall have resulted in obtaining a Structured Literacy Dyslexia Specialist (C-SLDS) certificate from the Center for Effective Reading Instruction (CERI). A list of accredited programs can be found on the IDA website at https://dyslexiaida.org/accredited-teaching-training-programs/;
(3) Successful passage of the Knowledge and Practice Examination for Effective Reading Instruction (KPEERI); and
(4) Twenty-eight (28) days of instruction post the passage of the KPEERI examination as approved by CEQA.
SUBCHAPTER 9. EDUCATION LEADERSHIP OKLAHOMA
218:10-9-1. Education Leadership Oklahoma regulations [AMENDED]
(a) Selection of scholarship recipients.
(1) Applicant can be funded for one Education Leadership Oklahoma (ELO) scholarship to attain National Board Certification.
(2) Applicant must currently be afull-time, Oklahoma public school classroom teacher with special consideration given to teachers who work in designated Title 1 schools as defined by law, work in school districts with a low percentage of National Board-Certified Teachers, and who have completed all the certification requirements set by the Oklahoma State Department of Education and hold a standard certification.
(3) OEQA shall develop the ELO application and any associated deadlines. The application may seek information in the form of multiple choice, short answer questions and/or essays.
(4) If there are 100 applicants or fewer than 100 applicants, all eligible applicants will be accepted into the program..
(5) If there are more than 100 applicants, OEQA shall assemble an Application Review Committee that shall review and score applications to award scholarships
(A) The Application Review Committee will consist of OEQA employees and need not but may also include other persons as may be determined by OEQA such as current or former National Board-Certified Teachers.
(B) OEQA will provide a scoring rubric outlining guidelines for application scoring and provide training for each Application Review Committee member prior to the applications being read and scored.
(C) The Application Review Committee may consider one or more of the following:
(i) Knowledge of NBPTS process
(ii) Inclusion of the five core propositions within the essay question
(iii) Degree to which the applicant's essay conveys his/her application of the five core propositions
(iv) Conveyance of commitment to rigorous process
(v) Provision of quality writing which is clear and sufficiently elaborated
(vi) Demonstration of knowledge, ability, and leadership
(vii) Verification of percentage of free/reduced lunch
(D) ELO candidates shall be selected based on scores determined within the application process. Applicants will be ranked from highest to lowest based on the application scores.
(b) Payment and reimbursement of assessment fees.
(1) OEQA shall make assessment fee payments to NBPTS for each scholarship candidate, upon signing a Letter of Intent.
(2) Alternatively, scholarship candidates may choose to pay their own National Board assessment fees to be reimbursed by OEQA, up to $1,300.00$1,800.00, upon achieving National Board certification. In that case, OEQA shall reimburse candidates for any National Board assessment fees paid by candidate, up to $1,300.00$1,800.00, if they are a Teacher, as defined in ELO Act, Title 70 Section 6-204.1(7), in the year they certify.
(3) OEQA shall make payment to candidates for the $500 scholarship as outlined in the Letter of Intent.
SUBCHAPTER 10. TEACHFORWARDOK PROGRAM
218:10-10-1. TeachForwardOK Program [NEW]
(a) TeachForwardOK Program. Pursuant to 70 O.S. § 6-186.1, a pilot program to be known as TeachForwardOK is established, and will be maintained for a two-year period, to provide new, high-quality pathways to enter the teaching profession and increase the number of teachers in this state’s workforce.
(b) To participate in TeachForwardOK, a teacher education program shall submit an application to CEQA in the manner and on a form prescribed by the CEQA. Applications must be submitted to OEQA and must include sufficient information for CEQA to assess the program’s vision and goals, current program strength, opportunities for innovative or expanded pathways, internal capacity and support needs, and leadership commitment and readiness. Applications should provide enough detail and examples to demonstrate alignment with TeachForwardOK goals, feasibility of proposed initiatives, and potential impact on the state teacher workforce..
(c) CEQA’s Selection of Teacher Education Program Applicants. CEQA shall review the applications and approve applicant teacher education programs to participate in TeachForwardOK. CEQA’s selection of approved applicant teacher education programs will be based on the following criteria and CEQA will employ the following selection process:
(1) CEQA shall review applications and approve teacher education programs to participate in TeachForwardOK.
(2) CEQA will use a standardized rubric to evaluate applications, scoring each program on a 1–5 scale based on the following criteria:
(A) Vision and Alignment: Demonstrates a clear, compelling vision and readiness to implement innovative pathways such as registered apprenticeships and competency-based programs.
(B) Current Program Strength: Provides a detailed description of existing programs, partnerships, candidate pipelines, and compliance with state rules.
(C) Innovation and Pathway Potential: Presents opportunities for new or expanded pathways, including strategies to serve paraprofessionals, high school students, career changers, and other candidate populations, with potential impact on state teacher workforce needs.
(D) Capacity and Support Needs: Identifies internal strengths, areas for growth, and required support to implement the program, including mentorship, partnership development, recruitment, and financial planning.
(E) Commitment and Readiness: Demonstrates leadership buy-in, engagement in Phase 1 activities, and intent to pursue Phase 2 funding and implementation.
(3) Final approval of applicant teacher educations programs shall be based on rubric scores and alignment with TeachForwardOK goals and state teacher workforce priorities.
(d) Technical Assistance Provider (TAP) Evaluation Reports (Phase 1). Subject to the availability of funds, CEQA shall award grants to approved applicant teacher education programs who shall use the awarded grants as incentives to participate and to contract with a technical assistance provider (TAP) selected by CEQA. The TAP shall prepare, and shall electronically submit to the approved applicant teacher education program and the CEQA, an evaluation report which evaluates, at a minimum, the following:
(1) Teacher candidate recruitment and completion;
(2) Whether the teacher education program prepares teacher candidates effectively;
(3) Whether the teacher education program meets workforce needs in this state; and
(4) Innovative ways to recruit nontraditional teacher candidates unique to the teacher education program.
(e) Approved Applicant Teacher Education Program Response Report (Phase 1). Within ninety (90) days of receiving the evaluation report, the approved applicant teacher education program shall electronically submit a response to the TAP evaluation report to the CEQ. The response report shall:
(1) detail how the approved applicant teacher education program plans to address the TAP evaluation report’s findings; and
(2) prioritize innovative approaches to provide new, high-quality pathways to enter the teaching profession and increase the number of teachers in this state’s workforce, including, but not limited to:
(A) developing a system for recruiting eligible teacher candidates (such as a pathway for high school students to become paraprofessionals; a pathway for paraprofessionals to become teachers; and a pathway for individuals with bachelor’s degrees to become teachers);
(B) developing a curriculum that includes intensive on-the-job training for teacher candidates,
(C) identifying a mastery-based evaluation system to determine when eligible teacher candidates have mastered the skills and competencies necessary for graduation from an apprenticeship program and outlining benchmarks that teacher candidates must meet as they progress through on-the-job training;
(D) offering a schedule that enables teacher candidates to work full time in a public school district while participating in an apprenticeship program and allowing paraprofessionals to continue in their positions; or
(E) providing a flexible schedule for paraprofessionals participating in an apprenticeship program to support their success in the program that will facilitate course completion and on-the-job training.
(f) CEQA’s Selection of One Approved Applicant Teacher Education Program (Phase 2). Subject to the availability of funding, CEQA shall review the response reports submitted by approved applicant teacher education programs and select one approved applicant teacher education program to receive Five Hundred Thousand Dollars ($500,000.00) to enact the initiatives outlined in the selected teacher education program’s response report. CEQA’s selection of one approved applicant teacher education program will be based on the following criteria and CEQA will employ the following selection process:
(1) CEQA shall review the TAP evaluation reports and response report of all teacher education programs participating in Phase 1 of TeachForwardOK and approve one teacher education program to participate in Phase 2 of TeachForwardOK.
(2) CEQA will use a standardized rubric to evaluate response reports, scoring each program on a 1–5 scale based on factors including, but not limited to:
(A) Partnerships and Pathways: Strength of partnerships with districts, communities, and workforce sponsors; clarity and accessibility of pathways for diverse candidates.
(B) Work-Based and Competency-Based Learning: Integration of practical teaching experiences, skill-based progression, and performance-based assessments.
(C) Data, Support, and Recruitment: Systems to track candidate progress, provide supports for diverse candidates, and recruit into high-need areas or populations.
(D) Apprenticeship and Alternative Pathways: Opportunities for paid apprenticeships or other innovative pathways toward licensure.
(E) Sustainability and Scalability: Demonstrated capacity and planning to sustain and potentially expand program impact.
(3) OEQA staff shall verify eligibility and completeness, and a selection committee selected by CEQA shall review rubric scores and recommendations to determine final approval.
[OAR Docket #26-528; filed 6-8-26]
TITLE 230. State Election Board
CHAPTER 10. THE COUNTY ELECTION BOARD
[OAR Docket #26-460]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Election Personnel
Part 1. COUNTY ELECTION BOARD MEMBERS AND EMPLOYEES
230:10-3-17. Nepotism prohibited [REVOKED]
230:10-3-18. Candidates related to county election board members [AMENDED]
Part 3. THE PRECINCT ELECTION BOARD
230:10-3-38. Record of appointment of Precinct Officials [AMENDED]
Subchapter 7. General Administration of the County Election Board Office
Part 1. MEETINGS OF THE BOARD
230:10-7-16. Retention of minutes [AMENDED]
Part 3. EQUIPPING THE OFFICE
230:10-7-28. Storage for voting devices and ballot boxes [AMENDED]
230:10-7-30. Voting booth storage [REVOKED]
Part 5. MAINTAINING THE OFFICE
230:10-7-40. Cancellation File [AMENDED]
230:10-7-43. Retention of forms and materials documenting voter registration transactions [AMENDED]
230:10-7-48. Correspondence [AMENDED]
230:10-7-55. Grand jury petitions [NEW]
Part 7. PUBLIC RECORDS
230:10-7-66. Lists of registered voters [AMENDED]
Part 9. FINANCES
230:10-7-73. County Election Board member compensation and mileage reimbursement [AMENDED]
230:10-7-85. Retention of County Election Board financial records [AMENDED]
Part 13. PRECINCTS AND SUBPRECINCTS
230:10-7-99. Precincts within municipalities [AMENDED]
Part 15. POLLING PLACES
230:10-7-109. Changes in polling place [AMENDED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed rule revocation of 230:10-3-17 is necessary because there is a specific statute relating to nepotism under current law. See 11 O.S. § 8-106. The remaining amendments in subchapter 3 are necessary to come into compliance with current state law or codify current procedures. The proposed new rule related to Grand Jury petitions mimics current procedure for other types of petition verification, and is necessary to clarify a procedure due to the increase in the number of these petitions being presented throughout the state. The proposed amendment in 230:10-7-109 is more practical for emergency situations when polling places become inaccessible close to an election than utilizing the more formal emergency declaration procedure defined in 26 O.S. § 22-101.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. ELECTION PERSONNEL
PART 1. COUNTY ELECTION BOARD MEMBERS AND EMPLOYEES
230:10-3-17. Nepotism prohibited [REVOKED]
230:10-3-18. Candidates related to county election board members [AMENDED]
This rule is intended set out a procedure for the events described in subparagraph C of 26 O.S. § 2-132.
(1) In a situation where a prospective candidate who is related within the second degree by either consanguinity or affinity to the secretary of the county election board desires to file a declaration of candidacy for an office in which the secretary of the county election board accepts such declarations, the assistant secretary (or other designated staff member) must review and determine whether to accept the declaration if it meets the requirements under the law.
(2) From the moment that a declaration of candidacy is accepted for filing pursuant to subparagraph C of 26 O.S. § 2-132 by the State or county election board office, the secretary is temporarily disqualified to serve and suspended from their duties until the related candidate is either elected to office or no longer considered a candidate under the law.
(3) In the event that a secretary of a county election board is so disqualified, the Secretary of the State Election Board may designate a suitable temporary replacement for the duration of that election or delegate the responsibilities during that time to the assistant secretary pursuant to 26 O.S. Sections 2-117 and 2-132.
(4) The county may elect to continue to use their own funds to pay the salary and benefits of the disqualified secretary, however, the State Election Board will not reimburse the county for the secretary’s salary during the time of disqualification. The acting secretary’s salary is eligible for reimbursement by the State when a temporary replacement is designated.
(5) In the event a member or alternate member of the county election board is so disqualified pursuant to subparagraph C of 26 O.S. § 2-132, the State Election Board may designate a suitable temporary replacement for the affected elections or may remove the member or alternate.
PART 3. THE PRECINCT ELECTION BOARD
230:10-3-38. Record of appointment of Precinct Officials [AMENDED]
Immediately upon appointment of each Inspector, Judge or Clerk, the Secretary of the County Election Board shall enter the appropriate information in MESA. A record of the appointment also shall be entered in the minutes of the County Election Board meeting for that day.
SUBCHAPTER 7. GENERAL ADMINISTRATION OF THE COUNTY ELECTION BOARD OFFICE
PART 1. MEETINGS OF THE BOARD
230:10-7-16. Retention of minutes [AMENDED]
The Secretary of the County Election Board shall be responsible for preparing the minutes of each meeting of the Board. The minutes shallshould ordinarily be approved by the Board at its next meeting, if practicable. Upon approval, the minutes, together with a copy of the written notice, a copy of the agenda and any other pertinent documents, shall be retained permanently in a bound book.
PART 3. EQUIPPING THE OFFICE
230:10-7-28. Storage for voting devices and ballot boxes [AMENDED]
(a) Voting devices must be stored in an area that can be locked. If possible, voting devices shall be stored in the courthouse, preferably in the County Election Board office or in space adjoining the office. Shelves shall be provided to hold the voting devices.
(b) Ballot boxes shall be stored in the courthouseCounty Election Board office if at all possible. However, if adequate space is not available in the courthouseCounty Election Board office, it is permissible to store the ballot boxes in another county building as long as the storage site is secure. If no other option is available, ballot boxes may be stored in secure locations at the various precinct polling places.
230:10-7-30. Voting booth storage [REVOKED]
PART 5. MAINTAINING THE OFFICE
230:10-7-40. Cancellation File [AMENDED]
The Cancellation File shall hold the cancelled original voter registration application forms of voters whose registration has been cancelled for death, conviction of a felony, adjudication as an incapacitated person or as a partially incapacitated person prohibited from voting, or subsequent registration in another county or stateany other reason set forth in 26 O.S. § 4-120. [26:4-120.7] Registrations which are cancelled upon written notice from the voter or upon receipt of an address confirmation return card from the voter indicating a new address outside the county also shall be retained in this file. All forms contained in the Cancellation File may be destroyed 24 months after the date of cancellation. [26:4-120.7] These forms shall be filed alphabetically by month and year. See 230:15-11-1 through 230:15-1-10 and 230:15-11-24.
230:10-7-43. Retention of forms and materials documenting voter registration transactions [AMENDED]
(a) Original registration records removed from Central File. Original voter registration records that have been removed from the Central File due to cancellation of registration or due to change in registration shall be retained for 24 months following removal. These original registration records shall be filed together by month in alphabetical order. See also 230:10-7-40.
(b) Materials documenting cancellation of registration. Materials used to document the cancellation of a voter's registration shall be retained for 24 months following the cancellation. These materials include Request to Cancel Registration of Deceased Voter; Potential Deletion Reports; Potential Duplicate Reports; Judgment of Incapacitation Reports, cancellation requests from voters; certified copies of death certificates; notices of felony conviction; Deleted Voters by Reason reports, address confirmation return cards indicating addresses outside the county; True Duplicates Deleted Reports; jury duty notifications from the court clerk; documentation proving non-citizenship, and any document used by the Oklahoma National Guard to notify the County Election Board of the death in the line of duty of a member of the Oklahoma National Guard.
(c) Rejected voter registration applications. Rejected voter registration applications shall be retained for 24 months following rejection. Rejected applications shall be filed by month in alphabetical order.
(d) Rejection notices returned by post office. Rejection notices that have been returned by the United States Postal Service marked "undeliverable as addressed" shall be retained for 24 months following return. Returned undelivered rejection notices shall be filed by month in alphabetical order.
(e) Voter identification cards returned by post office. Voter identification cards that have been returned by the United States Postal Service marked "undeliverable as addressed" shall be retained for 24 months following return. Returned undelivered voter identification cards shall be filed by month in alphabetical order.
(f) Insufficient Information Rejection Notices returned by applicant. An Insufficient Information Rejection Notice returned to the County Election Board by the applicant with the information required to complete the application shall be filed in the Additional Information Correspondence file or in the Central File inside a file sleeve containing the voter's original voter registration application. Material in this file shall be retained as long as the voter remains registered. An Insufficient Information Rejection Notice that is returned by a voter but still does not contain enough information to complete the application shall be filed by month in alphabetical order and retained for 24 months.
(g) Address confirmation return cards and undelivered address confirmation notices. All address confirmation return cards received by the County Election Board shall be retained for 24 months, except return cards used to change a voter's address in the county. Address confirmation return cards used to change the voter's address in the county shall be filed in the Additional Information Correspondence file and shall be retained as long as the voter remains registered. Undelivered address confirmation notices shall be retained for 24 months.
(h) Registration update documents printed from MESA. When certain voter registration transactions - such as address changes submitted electronically by Service Oklahoma, address changes and political affiliation changes submitted online, and address changes that result from returned address confirmation notices - are processed in MESA, a form is created automatically to document the registration change. These registration update documents, also called "Central File form" shall be retained in the Central File. It is the recommendation of the State Election Board that such Central File forms be placed inside a file sleeve with the voter's original voter registration application.
230:10-7-48. Correspondence [AMENDED]
(a) Correspondence. The Secretary of the County Election Board shall keep a copy of each letter that goes out of the office, along with a copy of each letter received. Incoming mail shall be dated when it is received. When possible, correspondence shall be answered on the same day it is received. A copy of the response may be stapled to the original letter. Correspondence shall be filed alphabetically and shall be retained for at least four years.
(b) Correspondence with the State Election Board. Correspondence with the State Election Board shall be filed separately from other correspondence, arranged by date. Correspondence with the State Election Board shall be retained for four years.
(c) Correspondence with other County Election Boards. Correspondence with other County Election Boards shall be filed separately from other correspondence, arranged alphabetically. Correspondence with other County Election Boards shall be retained for four years.
(d) Correspondence with Precinct Officials. Correspondence with Precinct Officials shall be filed separately from other correspondence, arranged by precinct or in alphabetical order. Correspondence with Precinct Officials shall be retained for four years.
(e) Correspondence by electronic mail. The requirements for the retention of correspondence outlined in (a) through (d) of this Section also shall apply to correspondence conducted by electronic mail. The Secretary shall retain electronic mail pertaining to the official business of the County Election Board for four years. If the electronic mail message and attachments are printed, only the printed copy shall be retained.
230:10-7-55. Grand jury petitions [NEW]
(a) Upon the delivery of a petition for impaneling a grand jury to the county election board office by the court clerk, the Secretary of the County Election Board shall have seven (7) business days, excluding Saturdays, Sundays and holidays, to determine how many of the signers of said petitions are qualified electors within the county and shall return, not later than the seventh business day, excluding Saturdays, Sundays and holidays, the original petitions to the court clerk together with a certification of the number of such signers who are qualified electors within the county. [38 O.S. Section 106]
(b) Within 24 hours of receiving said petition, the Secretary of the County Election Board shall begin verifying whether the petition contains signatures of qualified electors within the county. The 24-hour period shall not include Saturday, Sunday or legal holidays. The Secretary shall follow these steps to determine the validity of signatures on the petition.
(1) Photocopy all of the petition pages and only use the photocopy during the verification process.
(2) The Secretary and designated county election board staff shall count the total signatures on the petition. Note the total number of signatures in the upper left corner of the first page.
(3) Use MESA to verify that each person who signed the petition is a registered voter. If all columns in the petition line for a particular signor are not completed, then strike through the person’s name in red on the photocopy.
(4) If a signer's name is not found in MESA, look in the Central File and the restricted records status file. If the signer's name is not found in either of these files, the person is not registered. Strike through the person's name in red on the photocopy.
(5) After verifying each signature on the petition as outlined, count the number of valid signatures.
(c) Upon completion of determining the total count, use the form letter provided by the Secretary of the State Election Board to certify and report the total number of signatures in the petition that were verified.
(d) No later than the seventh business day following the receipt of the petition, the Secretary of the County Election Board shall file the letter with the court clerk and provide a copy of the letter to the judge presiding over the matter.
PART 7. PUBLIC RECORDS
230:10-7-66. Lists of registered voters [AMENDED]
(a) The Secretary of the County Election Board is authorized to format and print certain reports, such as lists of registered voters, from MESA for the benefit of candidates or the public. The Secretary is authorized to collect a fee of up to 25 cents per page for such specially-printed reports. Copies of Precinct Registries shall not be made available to the public prior to the election date for which they were created.
(b) Requests for reports shall be filled in as timely a manner as possible, but the Secretary shall not be required to print or to produce any such reports requested during the period beginning the week preceding through the week following an election, nor during the period beginning two weeks prior to through two weeks following a statewide General Election. Provided, however, that reports and other information that may be necessary shall be made available to candidates who are considering the filing of or who are involved in contests of election. Contests of election shall include recounts and allegations of irregularities or of fraud.
PART 9. FINANCES
230:10-7-73. County Election Board member compensation and mileage reimbursement [AMENDED]
(a) The State Election Board shall be responsible for the total amount of compensation and mileage reimbursement for the County Election Board Chairman and Vice Chairman for each authorized meeting held to conduct business related to a regular or special federal or state election. The State Election Board also shall be responsible for County Election Board member compensation and mileage for meetings held to conduct other business mandated by statute that is unrelated to a specific federal or state election, See (h) of this Section.
(b) The county shall be responsible for compensation and mileage reimbursement for the County Election Board Chairman and Vice Chairman for meetings held to conduct business related to a county election that is not held concurrently with a regular or special federal or state election in that county.
(c) School districts, municipalities, and other entities authorized to call elections held by the County Election Board shall be responsible for compensation and mileage reimbursement owed to the County Election Board Chairman and Vice Chairman for meetings held to conduct business related to such regular or special elections. When two or more entities conduct regular or special elections on the same election date, the amount of County Election Board member compensation and mileage shall be divided equally among the entities, unless the elections are held concurrently with a regular or special state or county election.
(d) The County Election Board member compensation described in this Section shall be paid at the rate established by state law. Mileage expenses shall be reimbursed at the rate currently prescribed by the state Office of Management and Enterprise Services.
(e) The Secretary of the County Election Board, who is a member of the County Election Board, shall not be entitled to the compensation and mileage described in this Section. The Secretary's compensation is detailed in 230:10-3-8.
(f) County Election Board member compensation and mileage reimbursement shall be included in the Record of Expense submitted to the appropriate entity following the election. Payment for the election expenses listed in the Record of Expense shall be remitted by the appropriate entity within 30 days of receiving the Record of Expense. Upon receipt of such payment, the County Election Board Secretary shall deposit the payment in the Special Depository Account and shall reimburse the County General Fund for the amount of compensation.
(g) Compensation for County Election Board members shall be paid by the County Clerk after FICA and any other applicable taxes have been withheld. Mileage reimbursement may be paid directly from the Special Depository Account by the County Election Board Secretary or by the County Clerk from a County Election Board budget account or other designated county account.
(h) The State Election Board shall be responsible for County Election Board member compensation and mileage for meetings held to organize the County Election Board following the appointment of County Election Board members to new terms as described in Title 26 O.S., Section 2-111.2 and for the appointment of Precincts Officials to new terms as described in Title 26 O.S., Sections 2-124 and 2-125. The State Election Board shall provide a form to the County Election Board Secretary to file claims for County Election Board member compensation and mileage for meetings held as provided in this subsection.
230:10-7-85. Retention of County Election Board financial records [AMENDED]
(a) The Secretary of the County Election Board shall have the responsibility to ensure that financial records are retained as required by law.
(b) Original financial records and/or records for which the County Election Board's copy is the only copy shall be retained for five years. These original records include but are not limited to the following.
(1) Budget account records. Original records of the County Election Board's budget accounts that are maintained in MESA shall be retained for five years. Similar records and reports created and printed from OEMS prior to July 1, 2013, shall be retained through June 30, 2018.
(2) Special Depository Account records. The Special Depository Account reports from MESA shall be considered original records of the County Election Board's Special Depository Account and shall be retained for five years. Similar reports created in and printed from OEMS prior to July 1, 2013, shall be retained through June 30, 2018.
(A) Ledger Sheet
(B) Election Balance Sheets
(C) County Election Board Election Expense List
(D) Pre-Election Expense Claims
(E) Records of Expense
(F) Contest Balance Sheets
(G) Contest Records of Expense
(H) Voucher Control Log
(I) Voucher Detail Report
(J) Voucher Registry
(3) Other records. Other records which are required to be retained for five years include but shall not be limited to the following items:
(A) County Board Member Claim - any copies dated prior to August 1, 2016.
(B) Precinct Expense Claim Envelopes
(C) Duplicate copies of receipts issued by County Election Board
(D) Cancelled vouchers
(E) Voided vouchers
(F) Invoices, statements and other documentation of expenses paid through the Special Depository Account
(G) Receipts for transfers/deposits to County General Fund
(c) Records for which the County Election Board retains only a copy and for which the original is retained by another county officer for five years shall be retained for two years following the most recent audit by the State Auditor and Inspector. These records include but shall not necessarily be limited to the following items.
(1) Copies of purchase orders.
(2) Copies of vouchers.
(3) Copies of deposit tickets.
(4) Copies of the Monthly Report of County Officers.
PART 13. PRECINCTS AND SUBPRECINCTS
230:10-7-99. Precincts within municipalities [AMENDED]
In all statutory cities, voting in elections is at large. Therefore, there is no added efficiency in making ward boundaries of such cities and precinct boundaries conform. Only in municipalities with home rule charters providing for elections by wards is there increased efficiency in making ward boundaries and precinct boundaries conform. Such municipalities are responsible for the cost to establish or update ward boundaries in the Street Guide.
PART 15. POLLING PLACES
230:10-7-109. Changes in polling place [AMENDED]
No change shall be made in the location of a polling place fewer than 30 days before an election. In emergency situations, when it is determined that a polling place cannot be utilized less than 30 days before an election, the polling place may be moved on a temporary basis upon written approval of the Secretary of the State Election Board. When such aany change is made to a polling place, notice shall be posted on the door of the former polling place on the day of the election. The Secretary should contact the news media, place the information on the website (if any), and post the information on social media (if any) to announce the change in the polling place several days prior to the election. Enter a change of polling place location in the information about the precinct that is maintained in the election management system.
[OAR Docket #26-460; filed 6-2-26]
TITLE 230. State Election Board
CHAPTER 15. VOTER REGISTRATION
[OAR Docket #26-462]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Voter Outreach
Part 3. DISTRIBUTION OF VOTER REGISTRATION APPLICATION FORMS
230:15-3-24. Voter registration application forms available in quantity for organized voter registration programs [AMENDED]
Subchapter 5. Application for Voter Registration
Part 17. PUBLIC RECORDS
230:15-5-73. All registration records public [AMENDED]
Part 21. VOTER REGISTRATION APPLICATION BY MAIL
230:15-5-88. Activation of application for new voter registration or for change in voter registration [AMENDED]
Subchapter 11. Voter Registration List Maintenance
Part 1. CANCELLATION OF VOTER REGISTRATION
230:15-11-4. Processing cancellations of registration [AMENDED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed rule amendments to subchapter 3 are necessary to update the process for those seeking to obtain paper copies of the voter registration application. The proposed amendments in subchapters 5 and 11 are necessary to conform with the recent legislation described herein. SB 377 in 2023 closed a loophole where voters may attempt to voluntarily cancel their registration in order to re-register in the same county under another party affiliation and be eligible to vote in the next election. New legislation found in SB 1086 from the 2025 legislative session placed parameters on who is qualified to obtain the public list of registered voters. Finally, SB 1086 codified a procedure to utilize database comparison tools to locate possible noncitizens on the voter registration list and eventually cancel the registrations of voters who are unable to provide proof of citizenship.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. VOTER OUTREACH
PART 3. DISTRIBUTION OF VOTER REGISTRATION APPLICATION FORMS
230:15-3-24. Voter registration application forms available in quantity for organized voter registration programs [AMENDED]
(a) The Oklahoma Voter Registration Application form shall be made available in quantity to any organization, entity or individual for use in organized voter registration programs. Quantities of the form may be obtained from any County Election Board as outlined in (b) of this Section or from the State Election Board as outlined in (c) of this Section. A request form for voter registration applications may be prescribed by the Secretary of the State Election Board.
(b) Any organization, entity or individual may obtain quantities of theup to 100 paper copies of the Oklahoma Voter Registration Application form from the Secretary of any County Election Board as outlined in this subsectionby making a written request. However, the Secretary or Assistant Secretary of the County Election Board may refuse a request for forms ifor supply a quantity that is less than that requested, in the Secretary's judgment,if filling it would reduce the County Election Board's supply of forms below the level needed to meet its own requirements. Serial requests from the same organization, entity or individual made within a thirty-day period shall be made in writing and shall state that all previously received forms have been distributed.may be fulfilled at the discretion of the Secretary or Assistant Secretary of the County Election Board upon written request. This shall not preclude any organization, entity, or individual from printing additional Voter Registration Applications from the State Election Board website.
(1) A maximum of 250 Oklahoma Voter Registration Application forms may be obtained from the County Election Board in a county having up to 10,000 registered voters.
(2) A maximum of 500 Oklahoma Voter Registration Application forms may be obtained from the County Election Board in a county having 10,001 or more registered voters.
(c) Any organization, entity or individual may obtain up to 500250 paper copies of the Oklahoma Voter Registration Application form from the Secretary of the State Election Board by making a written request. However, the Secretary, Assistant Secretary, or other designated staff member of the State Election Board may refuse such request or supply a quantity that is less than that requested if the request appears to be excessive in nature and/or may be reasonably fulfilled or supplemented by the requestor printing applications from the State Election Board website. Serial requests from the same organization, entity or individual made within a thirty-day period shall be made in writing and shall state that all previously received forms have been distributed.may be fulfilled at the discretion of the Secretary, Assistant Secretary, or designated staff member of the State Election Board upon written request. This shall not preclude any organization, entity, or individual from printing additional Voter Registration Applications from the State Election Board website. Requests for more than 250 paper copies of the Oklahoma Voter Registration Application may be considered by the Secretary or Assistant Secretary of the State Election Board upon written request.
SUBCHAPTER 5. APPLICATION FOR VOTER REGISTRATION
PART 17. PUBLIC RECORDS
230:15-5-73. All registration records public [AMENDED]
All voter registration records, except as specifically designated otherwise in federal or state law, must be available for public inspection and copying or mechanical reproduction during regular office hours. The Secretary shall cooperate with any qualified individual or group wishing to inspect and copy the registration records, and a uniform policy shall be established so that such inspection and copying will not interfere with normal operations of the office. However, a voter's full or partial Oklahoma driver license number or Social Security number provided on a voter registration application form shall not be considered a public record and shall be kept confidential by the Secretary of the County Election Board. When a copy of an original voter registration application is made, the full or partial driver license number or Social Security number shall be redacted on the copy. [26:4-112; 51:24A.5] See 230:10-7-59.
PART 21. VOTER REGISTRATION APPLICATION BY MAIL
230:15-5-88. Activation of application for new voter registration or for change in voter registration [AMENDED]
(a) An applicant for voter registration shall become a registered voter eligible to vote when his or her valid voter registration application is approved by the Secretary of the County Election Board in the applicant's county of residence and a voter identification card is issued. Provided, pursuant to 26 O.S. § 4-120.1, any voter who voluntarily canceled his or her voter registration is not eligible to submit a new voter registration application in the same county until sixty (60) or more calendar days have passed since the submission of the request for cancellation.
(b) A registered voter's application to change his or her name, political affiliation or residence address for voting purposes shall become effective when the application is approved by the Secretary of the County Election Board in the voter's county of residence and a voter identification card is issued.
SUBCHAPTER 11. VOTER REGISTRATION LIST MAINTENANCE
PART 1. CANCELLATION OF VOTER REGISTRATION
230:15-11-4. Processing cancellations of registration [AMENDED]
(a) Upon receipt of proper notice, and upon positive identification of the voter, the Secretary of the County Election Board shall cancel a voter's registration. Cancellations shall be processed immediately after the receipt of proper notice. Proper notice shall include the following:
(1) Potential Deletion Report. See 230:15-11-5.
(2) Request to Cancel Registration of Deceased Voter form submitted by any person authorized by law to make such a request. See 230:15-11-6 and 230:15-11-6.1.
(3) Judgment of Incapacitation Report form. See 230:15-11-7.
(4) Potential Duplicate Registration Report. See 230:15-11-9.
(5) Notice of registration in another state.
(6) Notice of state or federal felony conviction. See 230:15-11-8.
(7) Written notice from the voter pursuant to 26 O.S. Section 4-120.1 or any other reasons listed in 26 O.S. Section 4-120.
(8) True Duplicates Deleted Report. See 230:15-11-10.
(9) Address confirmation return card returned by the voter indicating that the voter has moved out of the county. See 230:15-11-24.
(10) A certified copy of a death certificate.
(11) The surrendering of the voter’s Oklahoma driver license to Service Oklahoma upon being issued a driver license in another state.
(12) Being excused from jury duty for not being a citizen of the United States.
(13) Death records received pursuant to 26 O.S. § 4-120.3.
(14) Any other reason set forth in 26 O.S. § 4-120.
(b) Cancellations of registration shall be processed according to the following procedure:
(1) Delete the voter's registration information from MESA.
(2) Remove the voter's registration form from the Central File, note the date and reason for cancelling the registration, and place the registration form in the Cancellation File. Also remove any documentation from the Additional Information File and attach it to the original registration form in the Cancellation File. Retain as outlined in 230:10-7-40.
(3) Retain the notice document used to cancel a registration for 24 months after the cancellation.
(c) Utilizing the database comparison procedure described in 26 O.S. § 4-122, a registered voter shall be cancelled only after the following procedure is followed:
(1) Upon a definitive match using the standard described in 230:15-11-2 of a person who is recorded in a database described in 26 O.S. § 4-122 as not being a citizen of the United States, the Secretary or his or her designee shall send a notice of such match to the voter.
(2) Should the voter fail to present the required proof of citizenship within the timeframe prescribed by law, then the voter's registration shall be canceled, and the voter shall be reported to the appropriate district attorney and United States attorney.
[OAR Docket #26-462; filed 6-2-26]
TITLE 230. State Election Board
CHAPTER 20. CANDIDATE FILING
[OAR Docket #26-463]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Filing Candidacy for Federal, state, county, and Other Elective Office
Part 1. WHEN, WHERE, AND HOW TO FILE CANDIDACY FOR ELECTIVE OFFICE
230:20-3-4. Forms for filing Declaration of Candidacy for federal, state, county, school district, and statutory municipal offices prescribed by Secretary of the State Election Board [AMENDED]
Subchapter 5. Contests of Candidacy
230:20-5-5. Date for hearing contest [AMENDED]
230:20-5-12. Disposition of deposit [AMENDED]
Subchapter 9. Petitions Supporting Declarations of Candidacy
230:20-9-1. Petition form prescribed by the Secretary of the State Election Board [AMENDED]
230:20-9-3. Signatures on petitions in support of a Declaration of Candidacy for federal, state, or county office [AMENDED]
Subchapter 11. Requirements for County Election Board Secretary Under the County Campaign Finance and Financial Disclosure Act
230:20-11-1. Responsibilities of the County Election Board Secretary under the County Campaign Finance and Financial Disclosure Act [AMENDED]
230:20-11-2. Reports required by the County Campaign Finance and Financial Disclosure Act [REVOKED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to subchapter 3 are necessary to clarify what forms should be used for filing a declaration of candidacy in order to create uniformity. The proposed amendments in subchapter 5 are necessary to clarify where to file a contest of candidacy and how the deposits shall be handled. More often than not, the costs for conducting the hearings for contests of candidacy are not covered by the initial deposits and result in the costs being passed along to the election boards. State law is currently silent on what happens when an individual is unsuccessful and there are additional costs for the contest that are not covered by the initial deposits. See 26 O.S. Section 5-131. The proposed amendments in subchapter 9 are necessary to clarify how petitions need to be presented. Finally, the proposed revocations in subchapter 11 are necessary due to the recent legislation in SB 890, which transferred the responsibilities for accepting campaign finance reports and financial disclosures for county and local offices to the Ethics Commission.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. FILING CANDIDACY FOR FEDERAL, STATE, COUNTY, AND OTHER ELECTIVE OFFICE
PART 1. WHEN, WHERE, AND HOW TO FILE CANDIDACY FOR ELECTIVE OFFICE
230:20-3-4. Forms for filing Declaration of Candidacy for federal, state, county, school district, and statutory municipal offices prescribed by Secretary of the State Election Board [AMENDED]
(a) The Secretary of the State Election Board shall prescribe forms tothat must be used by candidates for federal, state, legislative, district, and nonpartisan judicial offices to declare their candidacy in Oklahoma. The Secretary of the State Election Board shall prescribe forms tothat must be used by candidates to declare their candidacy for county offices, for Board of Education offices, and for municipal offices in statutory municipalitiesany election conducted by the County Election Board. The Secretary of the State Election Board also shall prescribe forms to be used by candidates to declare their candidacy in the Oklahoma Presidential Preferential Primary Election. The forms prescribed by the Secretary for the purpose of declaring candidacy for office shall request all the information listed in Title 26, Section 5-111 and may request any additional information the Secretary deems necessary.
(b) A Declaration of Candidacy for any office listed in (a) of this Section may include the following individual forms.
(1) Candidate Information and Oath. The Candidate Information and Oath form shall include all information required by state law about a candidate and the candidate's eligibility for the office being sought.
(2) Criminal History Disclosure. A candidate who indicates a criminal history involving charges or conviction for misdemeanor involving embezzlement or a felony on the Candidate Information and Oath page is required to provide details on the Criminal History Disclosure form.
(3) Candidate Qualifications. A candidate is required to read, sign, and date a page listing all qualifications set forth in federal or state law as appropriate to the office sought.
(4) Voter Registration Verification Form.
(c) The forms required to be included in a Declaration of Candidacy are available on the State Election Board website. The forms may be filled out online, but they must be downloaded and printed and must be signed in writing, personally by the candidate in the presence of a Notary Public or other person authorized by law to administer oaths. [26:5-111-1] See 230:20-3-35.
SUBCHAPTER 5. CONTESTS OF CANDIDACY
230:20-5-5. Date for hearing contest [AMENDED]
The Secretary of the Election Board shall only accept a petition contesting the candidacy for a candidate that filed his or her declaration of candidacy with the Secretary of the Election Board. Said petition shall also meet all requirements of state law, including alleging specific reasons why the contestee was not qualified by law to become a candidate. [26:5-118 through 26:5-121]. When a contest of candidacy petition is filed, the Secretary of the Election Board who receives the contest petition shall set a date and hour for a hearing. The County Election Board Secretary shall direct the Assistant Secretary to notify the other County Election Board members and alternate members of the hearing. The Secretary of the Election Board shall make a written Notice of Hearing, setting out the date, hour and subject of the hearing. The contest shall be heard as quickly as possible. However, the hearing may not be held earlier than the fourth day after the petition is filed. In addition to issuing the written Notice of Hearing, the Secretary shall prepare and file with the County Clerk a Notice of Special Meeting for the purpose of the County Election Board conducting the contest of candidacy. See 230:10-7-1 through 230:10-7-7.
230:20-5-12. Disposition of deposit [AMENDED]
(a) The County Election Board Secretary, upon receipt of the deposit or deposits for a contest of candidacy or for an answer to such a contest, shall place the check or checks in the County Election Board's Special Depository Account. After the contest is resolved, the Secretary shall write vouchers for expenses of the hearing from the Depository Account. The person charged with the expenses of the hearing shall receive an itemized statement of the costs.
(b) The Secretary of the State Election Board, upon receipt of the deposit or deposits for a contest of candidacy or for an answer to such a contest, shall place the check or checks in the State Election Board's Revolving Fund. After the contest is resolved, the Secretary shall authorize payment for all expenses of the hearing from the Revolving Fund. The person charged with the expenses of the hearing shall receive an itemized statement of the costs.
(c) If the petitioner is unsuccessful at the conclusion of the contest to strike the contestee's name from the ballot, the petitioner will be billed for any necessary expenses if the deposit does not cover the total expenses of the contest. Likewise, if the contestee chooses to appear or answer the petition and is not successful in preventing his or her name from being stricken from the ballot, the contestee will be billed for any necessary expenses if the deposit does not cover the total expenses for the contest. Said necessary expenses may include but are not limited to board member mileage and per diem for the meeting, costs incurred for service of notice by the county sheriff's office, costs for copying or reproduction of materials, transcript fees, court reporter costs, facility costs etc. The election board secretary may send the itemized statement to the person charged with the expenses either at the address on the person's declaration of candidacy or via email, if provided. The person charged with the expenses must pay the balance within thirty (30) days of the date the bill was sent.
SUBCHAPTER 9. PETITIONS SUPPORTING DECLARATIONS OF CANDIDACY
230:20-9-1. Petition form prescribed by the Secretary of the State Election Board [AMENDED]
(a) The Secretary of the State Election Board shall prescribe the form that shall be used by candidates for federal, state, or county offices to gather signatures from eligible voters in support of their candidacy. Such petitions may be submitted to the Secretary of the State Election Board or to the Secretary of the County Election Board in lieu of a filing fee for federal, state, and county offices.
(b) The form for a petition supporting a Declaration of Candidacy for a federal, state, or county office shall include at the top of each page spaces for the candidate's political affiliation, candidate's name, the title and district, if applicable, of the office sought, and the county in which the petition was circulated. See 230:20-9-2. A single petition page shall provide space for up to fifteen (15) voters to provide their names, addresses, and signatures. Each petition page shall include the printed name and signature of the person who circulated the petition and who witnessed the signatures of each voter who signed the page.
(c) Pages of a petition supporting a Declaration of Candidacy shall be printed on white paper measuring 8.5 inches by 11 inches. Pages of a petition shall be printed on only one side of said paper. Each page of a petition shall include the candidate information described in (b) of this Section.
(d) The forms prescribed by the Secretary of the State Election Board for petitions supporting Declarations of Candidacy shall be available on the State Election Board website: https://elections.ok.gov/Candidate_Info. A petition form is available for candidates for all federal and state offices who file with the Secretary of the State Election Board and a petition form is available for all candidates for county offices that file with the Secretary of the County Election Board.
230:20-9-3. Signatures on petitions in support of a Declaration of Candidacy for federal, state, or county office [AMENDED]
A signature on a petition in support of a Declaration of Candidacy filed by a candidate for a federal, state, or county office shall be the original, personally handwritten signature of a registered voter eligible to vote for the candidate and office. No one may sign a petition in support of a Declaration of Candidacy for another registered voter. Petitions must be submitted in their original form with wet signatures. Photocopies, photographs, or electronic copies cannot be accepted.
SUBCHAPTER 11. REQUIREMENTS FOR COUNTY ELECTION BOARD SECRETARY UNDER THE COUNTY CAMPAIGN FINANCE AND FINANCIAL DISCLOSURE ACT
230:20-11-1. Responsibilities of the County Election Board Secretary under the County Campaign Finance and Financial Disclosure Act [AMENDED]
230:20-11-2. Reports required by the County Campaign Finance and Financial Disclosure Act [REVOKED]
[OAR Docket #26-463; filed 6-2-26]
TITLE 230. State Election Board
CHAPTER 25. BALLOT PRINTING
[OAR Docket #26-467]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Responsibilities for Ballot Printing
230:25-3-3. County Election Board responsibilities for printing ballots [AMENDED]
Subchapter 7. Competitive Bidding Process for Ballot Printing
230:25-7-4. Contract requirements [AMENDED]
Subchapter 13. Placing Parties, Candidates, Propositions on Ballot
230:25-13-1.1. Separate ballots for entities [AMENDED]
230:25-13-1.2. Order of political party candidates and symbols and Independent candidates on General Election ballots [AMENDED]
230:25-13-1.3. Using color to designate ballots for parties or entities [AMENDED]
230:25-13-13. Ballot titles for county, municipal, and school district propositions [AMENDED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments in Chapter 25 are minor in nature, but are necessary updates for how ballots are prepared and styled when various entities hold elections on the same date. As we prepare to implement the recent legislation in SB 652 to conduct five routine election dates each year, the Secretary of the State Election Board needs to be able to add another mechanism for distinguishing between various ballot styles and have the discretion to put county questions on a separate ballot, when needed.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. RESPONSIBILITIES FOR BALLOT PRINTING
230:25-3-3. County Election Board responsibilities for printing ballots [AMENDED]
(a) The County Election Board shall be responsible for printing ballots, at county expense, for Primary and Runoff Primary Elections for county officers if there is no federal or state office, state legislative office, district office, or nonpartisan judicial office on the ballot in the county on the same election date. The County Election Board shall be responsible for printing ballots, at county expense, for county questions. A county question may be printed on the state ballot for Primary and Runoff Primary Elections if there is a state ballot and if there is adequate space available on the state ballot for the county questionat the discretion of the Secretary of the State Election Board. County questions shall not be printed on the state ballot for the biennial General Election.
(b) County Election Board responsibilities for printing ballots for municipal, school district or other local elections shall include, but shall not be limited to, the following items:
(1) Entering all office, candidate, and proposition or question text into MESA.
(2) Receiving, proofreading, and approving ballot proofs provided by the State Election Board before printing begins. See 230:25-17-2.
(c) In the case of municipal elections, school district elections and other local elections the County Election Board shall be responsible for paying the ballot printing bill from the proceeds of the reimbursement for post-election expenses from the entity for which the election was conducted.
(d) In the case of a multi-county election, ballots for each affected county in the election shall be printed by the printer holding the affected county's ballot printing contract. Ballots for the control (parent) county shall be printed by the printer holding its ballot printing contract. Each affected County Election Board shall receive the bill for ballot printing from its own ballot printer and shall include this expense in the Record of Expense submitted to the control (parent) County Election Board following the election.
SUBCHAPTER 7. COMPETITIVE BIDDING PROCESS FOR BALLOT PRINTING
230:25-7-4. Contract requirements [AMENDED]
The Secretary shall consult the County Purchasing Agent regarding the county's requirements for drawing up a contract with the successful bidder. The contract shall include, but shall not be limited to, the printer's responsibilities insofar as the quantity, size and types of ballots to be printed, facility security, delivery dates and the conditions for making a claim against the printer's insurance. The State Election Board shall provide a model contract for use by County Election Board Secretaries.
SUBCHAPTER 13. PLACING PARTIES, CANDIDATES, PROPOSITIONS ON BALLOT
230:25-13-1.1. Separate ballots for entities [AMENDED]
(a) County offices at the Primary, Runoff Primary, and General Elections shall appear on the same ballot with federal and state offices and state questions. The ballot for county questions also shallmay appear on the state ballot if space allows. If there is not enough space on the state ballot to accommodate the county question or questions, such questions shall appear on a separate ballot
(b) The ballots for school districts, municipalities, and other entities, with the exception of a county question as outlined in (a) of this Section, shall appear on separate ballots. The ballots for each entity involved in an election shall be designated by color as outlined in 230:25-13-1.3.
230:25-13-1.2. Order of political party candidates and symbols and Independent candidates on General Election ballots [AMENDED]
(a) The candidates and symbols of political parties shall be placed on the General Election ballot in the order determined by a drawing conducted by the Secretary of the State Election Board. The drawing shall be conducted at a public meeting held no later than July 31 in each even-numbered year. The Secretary of the State Election Board shall announce the date, time and location of the drawing not less than tenthree days preceding the public meeting.
(b) The Secretary of the State Election Board shall provide written notice of the drawing to the state central committee of each recognized political party. Each recognized political party may designate one person to be its official representative at the drawing. The designation of the party's official representative shall be made in writing and shall be signed by two members of the party's state central committee.
(c) Presidential electors shall be placed on the General Election ballot in the following order.
(1) Presidential electors of each recognized political party shall be listed first on the ballot in the order determined by the drawing described in (d) of this Section.
(2) Uncommitted presidential electors, if any, shall be listed immediately following the electors of the recognized political parties. If there are two or more slates of uncommitted presidential electors, they shall be placed on the ballot in the order they were received by the Secretary of the State Election Board.
(3) Presidential electors for unrecognized political parties shall be listed after the electors of the recognized parties or after the uncommitted electors, if any. If there are electors for more than one unrecognized political party, the electors shall be placed on the ballot in the order determined by the drawing described in (d) of this Section.
(4) Presidential electors for Independent candidates for President shall be placed on the ballot following the electors for the recognized parties, uncommitted electors, if any, and the unrecognized party electors, if any. If there are two or more Independent candidates for President, the electors shall be placed on the ballot in the order determined by the drawing described in (d) of this Section.
(d) A drawing to determine the order of political parties and Independent candidates on the General Election ballot shall be conducted according to the following procedure.
(1) The names of the recognized political parties shall be printed on separate pieces of paper of equal size, shape, color, and thickness. The pieces of paper shall be prepared by the State Election Board staff in advance of the public meeting and shall be available when the meeting begins for examination by the designated party representatives.
(2) The papers each shall be folded in half so that the party names are not visible and placed inside a container.
(3) The Secretary of the State Election Board shall select one person to draw the pieces of paper from the container. The person selected to draw the papers shall not be either the designated representative of any recognized political party or a candidate for any federal or state office during the current year.
(4) The person selected shall draw one piece of paper from the container and shall announce the party name on the paper. The paper shall be displayed to each recognized party representative. The drawing shall continue until all the papers have been drawn and a ballot position has been assigned to each recognized political party.
(5) Steps 1 through 4 shall be repeated to determine the order for the presidential electors of unrecognized political parties and for Independent candidates for any federal or state office.
(e) The candidates and symbols of recognized political parties shall appear on all General Election ballots for all offices in the order determined by the drawing described in (d). The order determined by the drawing shall apply to all special elections for Congress, State Senate, State Representative, for all county offices, and for both regular and special partisan municipal elections. The order determined by the drawing shall remain in effect for all elections until the drawing is repeated in July of the next succeeding even-numbered year.
(f) If there are two or more Independent candidates for the same county office, a drawing shall be conducted by the Secretary of the County Election Board. The county drawing shall be conducted at the same time as the drawing for absentee ballot order for the Primary Election. See 230:25-11-1.
230:25-13-1.3. Using color to designate ballots for parties or entities [AMENDED]
(a) The names of candidates of the several political parties shall be printed on separate ballots for the Primary and Runoff Primary Elections, and each party's ballot shall be differentiated by color or by other conspicuous means determined by the Secretary of the State Election Board. [26:6-110] The designation of color for party ballots shall be in effect until changed by the Secretary. These colors shall not be used for any other entity holding elections on the same date as a federal, state, or county Primary or Runoff Primary Election.
(b) The County Election Board Secretary may choose to use different colors for the various entities holding elections on the same date. There are two options for using color to designate ballots for political parties or for entities holding elections on the same date.
(1) Ballots may be printed on paper of different colors.
(2) Ballots may be printed with a colored bar imposed on the ballot stub.
(3) Ballots may be printed with a vertical color bar on the left or right side(s) of the ballot.
(c) The decision to use paper of different colors or a colored bar shall be made by the Secretary of the County Election Board in consultation with the printer to whom the county's ballot printing contract is awarded. Only colored paper that has been tested and approved by the State Election Board for use in ballot printing may be used. Only ink colors that have been tested and approved by the State Election Board for use in ballot printing may be used. The list of approved colored papers and inks is included in the specifications for ballot printing.
230:25-13-13. Ballot titles for county, municipal, and school district propositions [AMENDED]
(a) The following requirements shall be observed by all entities when preparing the ballot title - the ballot text - for any question or proposition to be placed on the ballot at a regular or special election called by the entity and conducted by the County Election Board.
(1) Question or proposition text shall be submitted to the County Election Board in regular upper/lower case. Proposition text presented to the County Election Board in ALL CAPS will be returned to the entity for conversion to upper/lower case.
(2) Quotation marks and other typographic symbols, also known as "special characters," shall not be used in proposition text.
(3) Proposition text on the ballot shall not exceed 200 words in length.
(b) The County Election Board Secretary will provide entity officials with a proof copyreport of any ballot that includes a question or proposition. Entity officials are responsible for proofreading the ballot title for each question or proposition on the ballot against the ballot title as it appears in the resolution submitted to the County Election Board. Only typographical or scrivener's errors may be corrected in the ballot title at this point. No substantive additions or deletions to the ballot title may be made unless it can be shown that the ballot title on the ballot proof copyreport does not match the ballot title in the resolution adopted by the governing body of the entity and submitted to the County Election Board. Entity officials should complete the proofreading and notify the County Election Board Secretary in writing of the approval of the ballot proof report or of any errors discovered within 48 hours of receiving the proof. The County Election Board Secretary will provide a form for approval and notation of errors with the ballot proof report.
(c) The word limit for ballot titles established in (a) of this Section also shall apply to ballot titles concerning municipal charter amendments. However, the County Election Board may distribute copies of a document that includes either a detailed explanation of the content and effect of the charter amendment or amendments or copies of the actual amendments with absentee ballots and at all polling places within the entity's boundaries. Such document shall be prepared by entity officials or by the entity's legal counsel. The County Election Board shall be neither responsible nor liable for the content or accuracy of such document. The explanatory document shall be delivered to the County Election Board not more than 10 days following submission of the election resolution to the County Election Board Secretary. The entity shall choose one of the following options for duplication of the explanatory document.
(1) An appropriate appropriate number of copies of the explanatory document may be made at the entity's expense and delivered to the County Election Board Secretary for distribution with absentee ballots and at the polling places on election day.
(2) The entity shall supply the document to the County Election Board and the County Election Board produce an appropriate number of copies for which the cost shall be included in the Record of Expense submitted to the entity for the election.
[OAR Docket #26-467; filed 6-2-26]
TITLE 230. State Election Board
CHAPTER 30. ABSENTEE VOTING
[OAR Docket #26-468]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 7. Absentee Voting Boards
230:30-7-6.1. Training for Absentee Voting Board members [AMENDED]
230:30-7-7. Supplies for Absentee Voting Board [AMENDED]
230:30-7-9. Procedure for the nursing home Absentee Voting Board [AMENDED]
230:30-7-11. Procedure for in-person Absentee Voting Board to receive applications and issue ballots [AMENDED]
230:30-7-11.1. Preparation of polling place and voting device for in-person absentee voting [AMENDED]
Subchapter 9. Processing Applications
230:30-9-8. Processing first responder/emergency worker emergency absentee applications, issuing ballots, and receiving voted ballots [AMENDED]
Subchapter 19. Counting the Ballots
Part 1. COUNTING ABSENTEE BALLOTS ON ELECTION DAY
230:30-19-4. Procedure for counting absentee ballots on election day [AMENDED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The only substantive proposed changes in Chapter 30 are necessary updates to the processing of emergency absentee ballot applications. In 2025, the Legislature appropriately added uniformed-service members to a small, select class of voters who may request an emergency absentee ballot if they are deployed after the deadline to request an absentee ballot has passed. See 26 O.S. § 14-115.6.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 7. ABSENTEE VOTING BOARDS
230:30-7-6.1. Training for Absentee Voting Board members [AMENDED]
(a) The Secretary of the County Election Board shall train the Absentee Voting Board members in their duties before the Absentee Voting Board makes its first visit to a nursing home or veteran center or first provides service to in-person absentee voters. The State Election Board provides the County Election Board Secretary with instructions for conducting training for both nursing home and in-person Absentee Voting Board members.
(1) Absentee Voting Board Procedures for Nursing Home Absentee Voting Board. Training for members of a nursing home Absentee Voting Board shall include a review of this publication. The Secretary also shall review the specific types of ballots and the potential combinations of ballots, the contents of the pink absentee voter packet, and the use of the Absentee Voting Board Record, the Spoiled Ballot Affidavit, and the Election Day Reference and Problem Solver in the Precinct Official NotebookManual.
(2) Absentee Voting Board Procedures for In-person Absentee Voting Board. Training for members of an in-person Absentee Voting Board shall include a review of this publication. The Secretary shall provide instructions for using MESA to verify a voter's registration information and registration status and shall review the specific types of ballots and potential combinations of ballots. The Secretary also shall review the uses of the Spoiled Ballot Affidavit, the Voter Assistance Form, the Ballot Accounting Forms, and the Election Day Reference and Problem Solver in the Precinct Official NotebookManual.
(b) Following the initial training for nursing home and in-person Absentee Voting Board members, the Secretary shall provide a review of the Absentee Voting Board's duties and procedures, if necessary, before they serve in any election.
230:30-7-7. Supplies for Absentee Voting Board [AMENDED]
(a) Supplies for nursing home Absentee Voting Board. The Secretary shall assemble the necessary supplies for the nursing home Absentee Voting Board. Necessary supplies include, but are not limited to, a pink Incapacitated Voter Packet with ballots for each voter; a ballot box; black ballpoint pens; the Absentee Voting Board Additional Ballot Accounting Form; the Absentee Voting Board Record; Absentee Voting Board Procedures for Nursing Home Absentee Voting Board; a copy of the Precinct Official NotebookManual; Oklahoma Voter Registration Application forms; Address Information Requested handouts; Request to Cancel Registration of Deceased Voter forms; and an adequate number of extra ballots for each type of ballot to replace ballots that may be spoiled by the voter.
(b) Supplies for in-person Absentee Voting Board. The Secretary shall assemble the supplies necessary for the Absentee Voting Board to provide service to in-person absentee voters. These supplies include, but are not limited to, Application for In-Person Absentee Ballots forms; ballots; secrecy folders; a voting device; plastic seals for the election results storage medium compartment cover; one voting device key envelope; a padded bag or an envelope for the election results storage medium; an Envelope for Tally Report; ballot transfer boxes; a long white State Election Board seal for each ballot transfer box; black ballpoint pens; a quantity of Oklahoma Voter Registration Application forms; Address Information Requested handouts; a copy of Absentee Voting Board Procedures for In-Person Absentee Voting Board; and a copy of the Precinct Official NotebookManual.
230:30-7-9. Procedure for the nursing home Absentee Voting Board [AMENDED]
(a) On the day scheduled for the Absentee Voting Board to visit nursing homes and veteran centers, the Board shall meet with the Secretary of the County Election Board at the County Election Board office. The members shall sign the Absentee Voting Board Record. The ballot box shall be prepared as outlined in 230:30-7-8 and issued to the nursing home Absentee Voting Board members. Adequate supplies and ballots shall be provided to anticipate voter assistance requirements and spoiled ballots. Precautions shall be taken to insure accounting for each ballot. The Secretary shall instruct the Absentee Voting Board as to the type of ballots each voter shall receive in case a voter spoils a ballot and a new ballot must be issued.
(b) The Absentee Voting Board shall observe the following procedure:
(1) The two members of the Absentee Voting Board shall travel together in one automobile, taking all necessary forms and supplies.
(2) Upon arrival at a nursing home or veteran center, the Absentee Voting Board shall make arrangements for those incapacitated voters listed on the Absentee Voting Board Record to vote. Only those persons whose names are on the Absentee Voting Board Record shall be permitted to vote. If the message "Confirm Address" or "Insufficient Address" appears on the Absentee Voting Board Record, the Absentee Voting Board members shall give the voter a copy of the Address Information Requested handout and shall ask the voter to complete an Oklahoma Voter Registration Application form.
(3) The voter must mark his ballots with a black or blue ballpoint pen in the presence of the Absentee Voting Board, but in such a manner as to make it impossible for anyone but the voter to tell how the ballots are marked. [26:14-115(3)]
(4) As far as possible, the voting procedure shall be the same as if the voter were casting a ballot in person at a precinct polling place on election day. [26:14-115(3)] This includes providing privacy and offering assistance, as provided by law, to persons who are unable to mark their own ballots due to physical or visual disabilities or illiteracy. The voter assistance procedures outlined in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual shall be followed. However, the Voter Assistance Form shall not be used. The person who marks the voter's ballot shall complete and sign the "Assistant's Oath" on the absentee affidavit envelope. [26:14-113.2]
(5) While a voter may receive assistance, only the voter may determine how the ballots are to be marked. If the voter is unable to instruct the person providing assistance, the voter shall not be permitted to vote. If necessary, the voter also may receive assistance to complete the Oklahoma Voter Registration Application.
(6) The procedure outlined in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual shall be followed if a voter spoils a ballot. The Spoiled Ballot Affidavit shall be used as required.
(7) When the voter has marked the ballots, the voter shall fold and seal them in the white ballots envelope. [26:14-115(4)] The voter then shall seal the white ballots envelope inside the pink affidavit envelope. [26:14-115(4)]
(8) The voter then shall complete and sign the affidavit. [26:14-115(4)] The voter's signature must be witnessed by both members of the Absentee Voting Board. [26:14-115(4)] The Absentee Voting Board members shall sign the affidavit in the space for witnesses but shall not be required to provide their addresses.
(9) The affidavit envelope then shall be placed in the outer envelope and sealed. [26:14-115(5)]
(10) Each outer envelope containing absentee ballots immediately shall be placed in the absentee ballot box.
(11) If a voter listed on the Absentee Voting Board Record is present, a member of the Absentee Voting Board shall check either the "Voted" column or the "Did Not Vote" column, as appropriate. If the voter is not present at the time of the Absentee Voting Board visit or moved back home ot to another nursing home, check "Undeliverable." If the voter has died, check "Undeliverable" and follow the instructions in (c) of this section.
(12) All Oklahoma Voter Registration Application forms completed by voters to update their voter registration information shall be placed with other voting supplies for return to the County Election Board office.
(13) When the Absentee Voting Board has completed its visit to each nursing home or veteran center scheduled for that particular day, the members shall return to the County Election Board office and leave the ballot box in the custody of the Secretary. [26:14-115(5)] The Absentee Voting Board members shall account for all supplies and unused ballots. The ballot box shall be removed from the County Election Board office only when the Absentee Voting Board is performing its duties. The ballot box, once locked, shall not be unlocked again until it is time for the County Election Board members to remove the outer envelopes. See 230:30-11-2.
(c) In the event that members of the nursing home Absentee Voting Board learn that a nursing home voter listed on the Absentee Voting Board Record has died, the Absentee Voting Board members shall ask the nursing home administrator to fill out and sign a Request to Cancel Registration of Deceased Voter forms. One member of the Absentee Voting Board may witness the administrator's signature, or the administrator may sign the form in the presence of a Notary Public. The Absentee Voting Board shall return the signed form to the County Election Board Secretary along with the ballot box and supplies when their duties are concluded.
230:30-7-11. Procedure for in-person Absentee Voting Board to receive applications and issue ballots [AMENDED]
The Absentee Voting Board members shall observe the following procedure when a voter appears and requests an in-person absentee ballot.
(1) Ask the voter to fill out and sign a green Application for In-Person Absentee Ballots form.
(2) Take the completed application form and enter the voter's name and birth date in MESA to locate the voter's registration information.
(A) If the voter's information cannot be located in MESA, immediately ask a County Election Board staff member for assistance to verify the voter's registration using the Central File.
(B) If the voter's registration cannot be verified in MESA or in the Central File, offer the voter a provisional ballot.
(3) Ask the voter for proof of identity and check to see that the voter's name on the proof of identity document substantially conforms to the voter's name in MESA. If the proof of identity has an expiration date, verify that the expiration date is later than election day. All documents used for proof of identity, except the voter identification card or temporary voter identification document issued by the County Election Board, must include a photograph of the voter.
(A) The voter may present any of the following documents as proof of identity.
(i) a valid Oklahoma driver license
(ii) a voter identification card issued by the County Election Board
(iii) a temporary voter identification document issued by the County Election Board
(iv) a state identification card
(v) a United States passport
(vi) a United States military identification, including an identification card issued by a branch of the armed services to a retired member or such armed service.
(vii) any other such document issued by the State of Oklahoma, the United States government, or a federally recognized tribal government which includes the person's name, a photograph of the person, and an expiration date that is later than election day.
(B) Indicate that the voter presented valid proof of identity by writing "YES" in the space provided in the "For Absentee Voting Board Use" section of the green Application for In-Person Absentee Ballot.
(C) If the voter's proof of identity is not valid, if the voter has no proof of identity, or if the voter refuses to provide proof of identity, offer the voter a provisional ballot. See 230:30-7-15 and 230:35-5-177. If the voter refuses the offer of a provisional ballot, record the incident on the Provisional Ballot Refusal form.
(4) If the "Status" field in the Voter/District Information area on screen indicates the voter is inactive, if the "School" or "Municipality" fields on are blank, or if the voter tells you that his or her residence address has changed, give the voter a copy of the Address Information Requested handout and an Oklahoma Voter Registration Application form.
(5) If the words "Absentee Ballot Requested" appear in red in the Voter/District Information area on the screen, print the voter's name and enter the voter's precinct number on the pink Absentee Voter Affidavit. Tell the voter to read the oath and to sign the Affidavit.
(6) If information appears in red at the bottom of the window indicating that the voter has returned an absentee ballot for this election by mail or has voted on an earlier day of in-person absentee voting, do not issue a regular absentee ballot. Follow the instructions in 230:30-7-15 to offer and issue a provisional ballot.
(7) Print a label and apply it to the application form in the space provided "For Office Use Only."
(8) Issue the ballots indicated by the voter's registration information in MESA and give the voter a black ballpoint pen. [26:14-115.4]
(9) Offer the voter a secrecy folder. Use a sample ballot to demonstrate use of the secrecy folder, if necessary.
(10) Direct the voter to a voting booth to mark the ballots.
(11) Provide assistance as outlined in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual to voters who need help reading and/or marking their ballots. Disregard references to the Precinct Registry. Use the Voter Assistance Form.
(12) Follow the procedure outlined in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual if a voter spoils a ballot. Use the Spoiled Ballot Affidavit.
(13) Tell the voter to insert the voted ballot in the voting device. [26:14-115.4(4)]
(14) Take the ballpoint pen and the secrecy folder, if used, back from the voter.
(15) If the voting device returns the voter's ballot, ask the voter read the message and instructions on the voting device console screen. Do not look at the voter's ballot unless the voter asks you to do so. Follow the appropriate instructions in the Election Day Reference and Problem Solver in the Precinct Official NotebookManual as necessary to help the voter. Ask County Election Board personnel for assistance if necessary.
230:30-7-11.1. Preparation of polling place and voting device for in-person absentee voting [AMENDED]
(a) Receiving supplies and setting up polling place on first day. On each in-person absentee voting day, the Absentee Voting Board members meet in the County Election Board office at the time set by the County Election Board Secretary to receive their supplies for the day. The Absentee Voting Board members then go together to the in-person absentee polling place. A table and chairs, one or more voting devices, voting booths, and a computer with access to the secure network and the MESA software or the Central File should already be in place at the in-person absentee polling place when the Absentee Voting Board members arrive. The Absentee Voting Board members unpack the supplies and prepare each voting device as outlined in (b) of this Section. The Absentee Voting Board members must be ready to receive applications from in-person absentee voters at 8 a.m.
(b) Preparing voting device on first day. The Absentee Voting Board shall turn on the voting device and prepare it to accept ballots as outlined in the voting device instructions section of the Precinct Official NotebookManual.
(c) Receiving supplies and setting up polling place on subsequent days. Onsubsequent days of in-person absentee voting, the members of the Absentee Voting Board meet at the County Election Board office at the time specified by the Secretary to receive their supplies for the day. The Absentee Voting Board members also must receive the election results storage device for each voting device from the Sheriff no later than 7:45 a.m. [25:14-115.4] The Absentee Voting Board members then follow the instructions in the voting device instruction section of the Precinct Official NotebookManual and in (d) of this Section to prepare each voting device.
(d) Preparing voting device on subsequent days. On subsequent days of in-person absentee voting, the Absentee Voting Board receives the election results storage device from the Sheriff and prepares the voting device as follows. Follow the procedure provided by the Secretary of the County Election Board to open the polls on each voting device designated for in-person absentee voting.
(e) Supplies and voting devices for additional in-person absentee polling places. In the event that in-person absentee polling places have been designated in the county in addition to the polling place located at the County Election Board office, all necessary supplies and materials may be delivered to the additional locations by County Election Board personnel and the in-person Absentee Voting Board members shall meet at the polling place location no later than thirty minutes prior to the start of voting to prepare the polling location and be ready to receive applications from voters at the appropriate time.
SUBCHAPTER 9. PROCESSING APPLICATIONS
230:30-9-8. Processing first responder/emergency worker emergency absentee applications, issuing ballots, and receiving voted ballots [AMENDED]
(a) Who may apply. First responders and emergency workers or uniformed service voters who are deployed to assist with rescue, recovery, and/or relief efforts in the wake of a declared natural disaster or a declared state of emergency within ten dayspursuant to 26 O.S. § 14-115.6 after the deadline to request an absentee ballot as provided in 26 O.S. Section 14-103 may apply for an emergency absentee ballot. Such requests from uniformed service voters or first responders and emergency workers may be received and processed up to and even on election day, as long as the voted ballot is received by the County Election Board no later than 7 p.m. on election day.
(b) Processing emergency absentee ballot applications and issuing ballots. When a uniformed service voter or first responder or emergency worker is deployed within ten days after the deadline to request an absentee ballot as provided in 26 O.S. Section 14-103 to assist with rescue, recovery, and/or relief efforts in the wake of a declared natural disaster or a declared state of emergency and requests an emergency absentee ballot, the Secretary of the County Election Board shall ensure the following procedure is observed.
(1) Give the voter a copy of the Application for Emergency Absentee Ballot - First Responders and Emergency Workers form. The form may be emailed or faxed to the voter or a copy may be printed in your office and given to the voter.
(2) Tell the voter to fill out the form and to provide all the requested information. The form must be signed and dated by the voter. Ask to see the voter's proof of identity. See 230:35-3-140 and 230:35-3-141.
(3) Upon receipt of the voter's completed and signed application, enter the application in MESA.
(4) Issue the appropriate absentee ballot or ballots and a standard/yellow absentee ballot packet and instructions to the voter. Make a notation on the outer envelope that this is an emergency absentee ballot.
(5) Tell the voter to fill out the affidavit envelope and to have his/her signature on the affidavit notarized. County Election Board personnel may not notarize the affidavit.
(6) Tell the voter that his or her voted ballot must be received by the County Election Board by 7 p.m. on the day of the election in order to be counted.
(c) Returning voted emergency absentee ballots to the County Election Board. First responders and emergency workers or uniformed service voters who apply for emergency absentee ballots as outlined in (a) and (b) of this Section have the options listed below for returning their voted absentee ballots to the County Election Board. The absentee ballot affidavit must be signed and notarized and must be sealed inside the appropriate absentee envelopes.
(1) The voter may return the voted ballot to the County Election Board office in person. If the voter returns his or her emergency absentee ballot in person, ask to see the voter's proof of identity.
(2) The voter may return the voted ballot by United States mail (including by USPS Express Mail™).
(3) The voter may return the voted ballot by a private delivery services (such as FedEx™) that provides delivery documentation.
(d) Receiving voter emergency absentee ballots. Upon receipt of an emergency absentee ballot in-person from the voter or by mail, follow the steps outlined below.
(1) Make the following notation on the outer envelope. "Emergency Absentee Ballot from First Responder/Emergency Worker/Uniformed Service Voter received on (DATE) at (TIME)." Also note whether the ballot was received in person from the voter, by mail, or by private delivery service.
(2) Give the emergency voter credit for voting in MESA.
(3) Place the voted ballot, sealed inside the appropriate envelopes, in the absentee ballot box.
SUBCHAPTER 19. COUNTING THE BALLOTS
PART 1. COUNTING ABSENTEE BALLOTS ON ELECTION DAY
230:30-19-4. Procedure for counting absentee ballots on election day [AMENDED]
(a) On election day at such time as the Secretary of the County Election Board may prescribe, the County Election Board shall meet to count absentee ballots. The following procedure shall be observed to count ballots received by mail or private delivery service.
(1) Outer envelopes first shall be removed and the affidavits examined as outlined in 230:30-11-2.
(2) The properly executed affidavit envelopes shall be opened by the County Election Board, and the ballot envelopes shall be removed as outlined in 230:30-11-3. [26:14-125(A)(1)]
(3) The unopened ballot envelopes shall be placed inside a ballot box. [26:14-125(A)(2)] The ballot box shall be shaken to mix the ballot envelopes. [26:14-125(A)(3)]
(4) The ballot envelopes shall be removed from the box. [26:14-125(A)(3)] The ballot envelopes shall be opened, and the ballots removed. [26:14-125(A)(3)] If an Oklahoma Voter Registration Application form has been enclosed by an inactive voter inside the ballot envelope, remove it and set it aside to be processed later. Proceed to the next step.
(5) The Secretary shall assign an employee of the County Election Board to each voting device or high-speed scanner to be used to count the absentee ballots. The County Election Board Chairman and Vice Chairman shall be present and shall observe the counting process.
(6) The person assigned to operate the voting device shall insert the absentee ballots one at a time into the voting device until all absentee ballots received have been counted. This procedure shall be repeated as necessary as additional absentee ballots are received until 7 p.m. The following factors shall be considered. Counties using high-speed scanners to count mail absentee ballots shall follow the specific instructions provided for operation of those machines to scan ballots and to resolve, if possible, any problems with ballots the scanner rejects.
(A) In no event shall fewer than 12 absentee ballots be counted at any one time, unless fewer than 12 ballots are received in total or after the first count is completed. [26:14-125(B)]
(B) If the voting device returns a ballot because of an overvote or other error made by the voter when marking the ballot, accept the ballot. See 230:35-5-162. [26:14-125(B)]
(C) In the event that a ballot is damaged or defaced, as outlined in 230:30-19-5(a), to the extent that it cannot be read and counted by the voting device, the procedure described in 230:30-19-5(b) shall be observed.
(7) In the event that the election results storage device in a voting device used during in-person absentee voting fails and results cannot be read into the tabulation computer, the backup memory device in the voting device shall be removed and read into the tabulation computer. If the backup memory device in the voting device cannot be accessed, an election night recount of all ballots cast on that voting device during in-person absentee voting shall be conducted as outlined in 230:35-3-85.1. If an election night recount of ballots cast during in-person absentee voting is required, the Secretary shall obtain the sealed ballot transfer cases containing voted absentee ballots from the Sheriff before beginning the recount procedure. [26:14-115.4(B)(7)]
(8) As soon as possible after 7 p.m. and after all absentee ballots received prior to 7 p.m. have been processed through the voting device, the election results storage device shall be removed from each voting device or high-speed scanner used to count mail and nursing home absentee ballots and the election results storage device or devices used during in-person absentee voting shall be returned by the Sheriff.
(9) These election results storage devices shall be given to the tabulation computer operator to be read and tabulated as soon as possible after 7 p.m. The tabulation computer operator shall print a Cumulative Report and a Precinct Report from Tally immediately after reading and tabulating the election results for in-person absentee voting and for mail and nursing home absentee ballots. OneA copy of each report shall be posted on the door of the County Election Board office and additional copies shall be made available to the news media and other interested persons as requestedmade publicly available upon request.
(10) The person assigned to operate the voting device shall open the main compartment of the ballot box, remove the ballots, and place them inside a ballot transfer case. The ballot transfer case shall be sealed with a long white State Election Board seal and the seal shall be signed by the person who operated the voting device and by the County Election Board members.
(b) Federal write-in absentee ballots submitted by uniformed services and overseas voters, ballots issued to uniformed services and overseas voters online through the OMOBO system, and all regular absentee ballots issued to these voters by mail and returned by fax shall be counted by following the procedure described in 230:30-19-6.
[OAR Docket #26-468; filed 6-2-26]
TITLE 230. State Election Board
CHAPTER 35. ELECTION CONDUCT
[OAR Docket #26-470]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. County Election Board Responsibilities
Part 1. BEFORE THE FILING PERIOD
230:35-3-3. Assembling precinct supplies [AMENDED]
Part 13. AFTER THE POLLS CLOSE
230:35-3-84. Assembly line required for receiving returns and materials from Inspectors [AMENDED]
Part 17. DISPOSITION OF MATERIALS
230:35-3-99. Disposing of Precinct Registries [AMENDED]
230:35-3-101. Processing forms used on election day by Precinct Officials [AMENDED]
Part 19. VERIFYING AND COUNTING PROVISIONAL BALLOTS
230:35-3-126. Criteria for verification of provisional ballot affidavit information [AMENDED]
Subchapter 5. Instructions for Precinct Officials
Part 5. PREPARATIONS FOR ELECTION DAY
230:35-5-28. Preparation of polling place [AMENDED]
230:35-5-32. Preparation of voting device [AMENDED]
Part 7. GENERAL GUIDELINES
230:35-5-41. Inspector's Notes to Secretary [AMENDED]
Part 11. PROCESSING THE VOTER
230:35-5-56. Routine for Clerk [AMENDED]
Part 15. AFTER THE POLLS CLOSE
230:35-5-70. Closing the polls [AMENDED]
230:35-5-75.2. Securing the voting device [AMENDED]
230:35-5-76. Repacking supplies [AMENDED]
Part 23. VOTER ASSISTANCE
230:35-5-119. Assistance outside the polling place for physically disabled or infirm voter [AMENDED]
Part 34. PROVISIONAL VOTING PROCEDURES
230:35-5-177. Provisional voting procedure [AMENDED]
230:35-5-177.1. Provisional voting procedure for voter using the ATI [AMENDED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
Outside of minor terminology updates throughout the Chapter, the proposed amendments in 230:35-5-119 are an attempt to clarify the process of curbside assistance to voters who attest that they are unable to vote inside the polling place due to a disability or infirmity. State law currently allows for this type of assistance, but election officials have seen an increase in attempts by voters to create a type of “curbside voting” that was clearly not contemplated by the law. These amendments are intended to clarify that this procedure is only reserved for the voters needing assistance and that they must attest to such under penalty of perjury. Finally, the changes in 230:35-3-126 are intended to simplify the process for provisional ballot verification. The Secretary would still be required to match the voter's name, date of birth, and address of registration in order to count the ballot. Many people do not know their identification number, and if they do not have it available, they would not be able to have their ballot counted as the rule is currently written if they do not complete the driver license or social security number portion of the affidavit.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. COUNTY ELECTION BOARD RESPONSIBILITIES
PART 1. BEFORE THE FILING PERIOD
230:35-3-3. Assembling precinct supplies [AMENDED]
(a) Well in advance of any election, the Secretary shall assemble supplies for every precinct and shall pack them in an envelope, a box, a bag, a binder, or another container. The Secretary may use the Supply Envelope and the Supply Box provided by the State Election Board or any other adequate container. Each election supply container shall be labeled for the appropriate precinct. (Some materials cannot be included in the supplies until after ballots are printed.) The Secretary shall prepare and use a Precinct Check List for each precinct to verify that all necessary supplies are included.
(b) The following items shall be included in the election supplies for each precinct. The quantities listed are recommended minimum quantities.
(1) Precinct Official NotebookManual. One Precinct Official NotebookManual shall be provided for each election day polling place. The Precinct Official NotebookManual shall contain the Election Day Reference and Problem Solver and forms needed by Precinct Officials on election day.
(2) Forms, Checklists, and handouts. In addition to the forms contained inside the Precinct Official NotebookManual, certain additional forms and handouts shall be included in the election supplies for each precinct. These items may be included inside the Precinct Official NotebookManual or in another notebook or container according to the preferences of the Secretary of the County Election Board. Each year, the Secretary of the State Election Board shall provide a list of all additional checklists, forms, and handouts to be used by Precinct Officials at all election day polling places.
(3) Envelopes. Several special envelopes shall be included in the election supplies for each precinct. Each year, the Secretary of the State Election Board shall provide a list of all special envelopes and appropriate instructions for their use.
(4) Signs and Maps. Several specific signs and maps shall be included in the election supplies for each precinct. Each year, the Secretary of the State Election Board shall provide a list of all signs and maps needed at election day polling places and instructions for their use or display.
(5) Other Supplies. Other supplies, such as ballpoint pens, paper clips, rubber bands, scissors, and tape, shall be included in the election supplies for each precinct. Each year, the Secretary of the State Election Board shall provide a list of additional supplies needed for all election day polling places.
(6) Provisional voting supplies. Provisional voting supplies shall be included in the supplies for each election day polling place. The Secretary of the State Election Board shall provide a list of all such supplies each year.
(7) Precinct Registry, Voting Device, and ballots. The Precinct Registry, voting device, and ballots are issued to the Inspector along with the appropriate election supplies for each election day polling place. See 230:35-3-57 and 230:35-3-68.1.
PART 13. AFTER THE POLLS CLOSE
230:35-3-84. Assembly line required for receiving returns and materials from Inspectors [AMENDED]
Before the first Inspector arrives, an assembly line shall be established for receiving the returns. The Chairman and Vice Chairman of the County Election Board, the Secretary or employees of the Board may be involved in reception of voting devices, election supplies, and ballot transfer cases from Inspectors. When receiving returns, the following procedure shall be observed:
(1) Representatives of the news media shall be assigned to a separate office or area. If available, a computer shall be placed in the media area to display the county's election results.
(2) Appropriate receptacles shall be prepared and arranged for receiving items from Inspectors.
(3) Inspectors shall form a line as they arrive, and shall be processed one at a time.
(4) Receive the voting device. Verify that the luggage tag (or other means of identification if the luggage tag is not used) showing the precinct number is attached to the voting device.
(5) Receive the Envelope for Tally Report. Open the envelope, verify that the following items are present, and examine them as necessary.
(A) Examine the original voting device tape, which includes all information printed from the time the polls were opened, including the Power Up Report, the Zero Report, and the first Detail and Tally Report printed when the polls were closed. If the Detail and Tally Report is not included on the tape, open the voting device case, turn on the power and print the report. Attach the Detail and Tally Report to the voting device tape received in the envelope.
(B) Examine the Ballot Accounting Form or Forms. Verify that they have been completed and signed by Precinct Officials.
(C) The voting device key envelope shall be examined to be certain that the precinct number is written on it. The key envelope shall be set aside in a secure place.
(D) If uncounted ballots from the emergency compartment are found in the Envelope for Tally Report, ask the Inspector to step aside and wait until the ballots can be scanned on the election night recount voting device and then be properly secured. Ask the Inspector if the ATI device was used by any voter to cast an audio ballot during the day. Examine the Detail and Tally Report, the Ballot Accounting Form or Forms, and the ATI Session Log form to verify that an ATI ballot was cast. If the ATI device was used, make note on the front of the Envelope for Tally Report. See 230:35-3-85.4
(6) If all the necessary items from the Envelope for Tally Report are accounted for, transfer the voting device, the voting device tape, and the Ballot Accounting Form or Forms to the tabulation computer operator.
(7) The sealed ballot transfer boxes shall be received and transferred to secure storage.
(A) Examine the ballot transfer boxes to ensure that they have been properly sealed. If the long white State Election Board seal is missing or broken, immediately affix a short turquoise State Election Board seal to the ballot transfer box. The new seal shall be signed by the County Election Board members and the box for "Other" shall be checked. Write the reason the seal is being applied in the space provided.
(B) In the event that the County Election Board must open a ballot transfer box on election night to retrieve an item enclosed in error inside the box by Precinct Officials, the Board members shall affix a short turquoise State Election Board seal to the box. The new seal shall be signed by the County Election Board members and the box for "Other" shall be checked. Write the reason the seal is being applied in the space provided.
(8) Receive the sealed orange provisional ballot bag.
(A) Remove the Provisional Ballot Roster from the clear plastic pocket on the bag. Make certain that the precinct number is indicated on the Provisional Ballot Roster before separating it from the bag.
(B) Place the provisional ballot bag in a secure receptacle. Access to the provisional ballot bags shall be restricted to authorized County Election Board personnel.
(C) Paperclip or staple the Provisional Ballot Roster pages together and set aside in a secure location. Access to these forms shall be restricted to authorized County Election Board personnel.
(9) Receive and examine the Precinct Registries.
(10) Receive and examine the Precinct Expense Claim Envelope and any unclaimed vouchers.
(11) The Inspector shall sign the Precinct Expense Claim Envelope and receive his voucher for compensation and mileage if all other vouchers are accounted for.
(12) Receive the election supply container and the Precinct Official NotebookManual and place them in appropriate receptacles.
(13) Receive and store the American flag.
PART 17. DISPOSITION OF MATERIALS
230:35-3-99. Disposing of Precinct Registries [AMENDED]
All Precinct Registries shall be retained for 6024 months following the date of the election. [26:7-117] Precinct Registries shall be available for public inspection during the County Election Board's regular office hours. See 230:10-7-45 for additional information about retaining Precinct Registries.
230:35-3-101. Processing forms used on election day by Precinct Officials [AMENDED]
(a) The Secretary shall remove forms used on election day by Precinct Officials from the Forms section of the Precinct Official NotebookManual and all used Oklahoma Voter Registration Applications from the election supply container from each precinct.
(1) The Secretary shall cancel the registrations of deceased voters indicated by used Request to Cancel Registration of Deceased Voter forms as outlined in 230:15-11-4.
(2) The Secretary shall read the Inspector's Notes to Secretary sheets and shall take any necessary action.
(3) The Secretary shall examine the Absentee Voter Affidavit. If MESA identifies voters who voted both by mail or in-person absentee ballot and at a precinct polling place in the election, the Secretary shall notify both the District Attorney and the State Election Board. The Secretary shall follow any instructions concerning the Absentee Voter Affidavit given by either the District Attorney or the State Election Board. See 230:15-9-13.
(b) All voter registration application forms shall be processed according to the procedure outlined in 230:15-9-18 through 230:15-9-26.
(c) After the used election day forms from the Forms section of the Precinct Official NotebookManual have been processed as outlined in (a) of this Section, they shall be retained for 24 months following the date of the election. The Secretary shall cause the Forms section of the Precinct Official NotebookManual to be replenished before the next election.
PART 19. VERIFYING AND COUNTING PROVISIONAL BALLOTS
230:35-3-126. Criteria for verification of provisional ballot affidavit information [AMENDED]
(a) Voter not in Precinct Registry. A provisional ballot cast by a voter whose name is not in the Precinct Registry shall be considered verified and approved for counting if evidence of the voter's valid and timely voter registration is found and if:
(1) the provisional ballot was cast in the precinct of the voter's residence as indicated in the voter registration record or other evidence found; and
(2) in the case of a partisan primary election, the voter cast a provisional ballot for the same party as that of the voter's political affiliation in the voter registration record or other evidence found.
(b) Voter without proof of identity. A provisional ballot cast by a voter who is unable to provide or who refused to provide a valid form of proof of identity shall be considered verified and approved for counting if all following circumstances are met.
(1) The voter's name on the affidavit substantially conforms to the voter's name in MESA. If a voter has legally changed his or her name but has not updated the name on his or her voter registration, the voter may note this fact on the affidavit and may submit an Oklahoma Voter Registration Application form to change his or her name for voter registration purposes with the affidavit. Such a voter shall be deemed to have met this requirement.
(2) The voter's residence address on the affidavit substantially conforms to the voter's residence address in the voter registration database. A voter who has changed his or her residence address within the county, but has not updated the address on his or her voter registration may note this fact on the affidavit and also submit an Oklahoma Voter Registration Application form to change residence address within the county. Such a voter shall be deemed to have met this requirement.
(3) The voter's date of birth on the affidavit matches the date of birth recorded for the voter in MESA.
(4) The voter's Oklahoma driver license number as shownif provided on the affidavit, or the last four digits of the voter's Social Security number as shown on the affidavit match the information recorded for the voter in MESA. However, if the voter's original voter registration occurred prior to January 1, 2004, the registration predates any requirement to provide either an Oklahoma driver license number or the last four digits of the Social Security number and this requirement shall not apply.
(c) Political affiliation dispute. In the event a voter in the Primary or Runoff Primary Election casts a provisional ballot after disputing the political affiliation indicated in the Precinct Registry, the provisional ballot shall be counted only if evidence of a timely and valid change of political affiliation is found.
(d) Uniformed services voters. Uniformed services voters are those identified in Title 26 O.S., Sections 14-121 and 14-137. Provisional ballots cast by these voters shall be counted if they are cast in the correct precinct for the voter's residence address. [26:7-116.1; 26:14-121]
(e) Overseas voters. Overseas voters are those voters identified in Title 26 O.S., Sections 14-121 and 14-137. Provisional ballots cast by these voters shall be counted if they are cast in the correct precinct for the voter's residence address.
(f) School district or municipal assignment dispute. Voters listed in the Precinct Registry who disagree with their assignment to a particular school district or municipality may cast a provisional ballot for their preferred school district or municipality. Provisional ballots cast by these voters shall be counted only if evidence is found that the assignment indicated in the Precinct Registry is incorrect.
(g) Voter who disputes existing credit for absentee voting during in-person absentee voting. In-person absentee voters who have already received credit for voting by mail or on an earlier day of in-person absentee voting and who deny having voted may cast a provisional ballot. Their provisional ballot shall be counted only if evidence is found that the credit for absentee voting for this voter was recorded in error or that evidence is found indicating that the earlier absentee ballot was submitted by someone other than the voter.
SUBCHAPTER 5. INSTRUCTIONS FOR PRECINCT OFFICIALS
PART 5. PREPARATIONS FOR ELECTION DAY
230:35-5-28. Preparation of polling place [AMENDED]
The Inspector, Judge, and Clerk meet at the polling place at 6:30 a.m. on election day and follow these steps to prepare for the election. [26:7-105]
(1) Display the American flag either inside or outside the polling place as instructed by the County Election Board Secretary.
(2) Open the election supplies container and remove the supplies as directed in the following steps.
(3) Display the Oklahoma Election Procedures C Important Voter Information sign and the Election Law Violations sign outside the polling place so that voters can read the information before entering. Use either thumbtacks or tape to secure the sign to a door, window, wall, or other surface.
(4) Post the Vote Here sign in a conspicuous place outside the polling place.
(5) Display at least three copies of each sample ballot. Post one set of the sample ballots near the Oklahoma Election Procedures C Important Voter Information sign and the Election Law Violations sign.
(6) Make sure that all the ink pens work.
(7) Set up the voting booths so that you can tell whether more than one person is in a booth at any given time, but also so that voters may mark their ballots in secrecy.
(8) Post one Attention Voter poster inside each voting booth. This poster may be attached permanently to some voting booths.
(9) Put the Precinct Official NotebookManual on the table.
(10) Put some Oklahoma Voter Registration Application forms on the table at both the Inspector's position and the Judge's position. It is also a good idea to put some of the Oklahoma Voter Registration Application forms in a visible location away from the Precinct Officials' table, if possible.
(11) Set aside the remaining supplies. They will be used after the polls close.
230:35-5-32. Preparation of voting device [AMENDED]
Before the polls open, the Inspector follows these steps, with the help of the Judge and Clerk as needed, to prepare the voting device.
(1) Place the ballot box near an electrical outlet.
(2) Follow the instructions in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual to set up the ballot box, to attach the voting device to the ballot box, and to close and lock the emergency compartment of the ballot box.
(3) Follow the instructions in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual to open the voting device case and to attach and plug in the power cord.
(4) Follow the instructions in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual to turn on the voting device, open the polls on the voting device, and to prepare the voting device to accept ballots.
(5) Check the number printed on the seal on the election results storage device compartment cover and verify that it is the same as the number recorded on the Inspector's Notes to Secretary sheet.
(6) Check the precinct number on the luggage tag attached to the voting device and verify that it is the same as the precinct number that printed at the beginning of the Zero Tape. If either of these numbers is not the correct number for this precinct, call the County Election Board office immediately.
(7) Verify that the voting device console screen displays the Ready to Scan message.
PART 7. GENERAL GUIDELINES
230:35-5-41. Inspector's Notes to Secretary [AMENDED]
The Inspector uses the Inspector's Notes to Secretary sheet in the Forms section of the Precinct Official NotebookManual to record problems or questions that arise during the day. Even problems that are referred to the County Election Board Secretary for immediate remedy should be recorded on this sheet.
PART 11. PROCESSING THE VOTER
230:35-5-56. Routine for Clerk [AMENDED]
The Clerk follows these routine steps to process voters. Refer to the Precinct Problem Solver section of the Precinct Official NotebookManual in non-routine situations.
(1) Give the voter a ballot for each election in which he or she is voting. [26:7-117]
(2) Offer the voter a secrecy folder. Use of secrecy folders is not required.
PART 15. AFTER THE POLLS CLOSE
230:35-5-70. Closing the polls [AMENDED]
At precisely 7 p.m. on election day, the Inspector announces that the polls are closed. Any registered voters who are in line to vote at 7 p.m. must be permitted to vote. [26:7-104] The Inspector must keep lines of voters orderly and secure. The Inspector shall make certain that all voters have finished voting and have fed their ballots into the voting device before closing the polls on the voting device and obtaining the required number of Detail and Tally Reports. Follow the voting device instructions in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual to close the polls on the voting device and to print the required reports.
230:35-5-75.2. Securing the voting device [AMENDED]
After printing the required number of Detail and Tally Reports, the Inspector follows the voting device instructions in the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual, with the help of the Judge and Clerk as needed, to secure the voting device, to remove all voted ballots from the ballot box, and to secure them in the ballot transfer case for return to the County Election Board office. Prepare the ballot box for transport or for storage on-site at the polling place as instructed by the Secretary. Put the voting device key envelope in the Envelope for Tally Report.
230:35-5-76. Repacking supplies [AMENDED]
The Inspector, Judge, and Clerk repack all election supplies into the same container in which they were received. Use the following list while repacking to verify that all supplies and materials are accounted for.
(1) Used signs (Vote Here, Oklahoma Election Procedures - Important Voter Information, Election Law Violations, and Attention Voter, if applicable) and sample ballots.
(2) Precinct Official NotebookManual.
(3) Used and unused Oklahoma Voter Registration Application forms.
(4) Secrecy folders.
(5) Ballpoint pens.
(6) Remaining paper clips, rubber bands, thumbtacks, and tape.
(7) Scissors.
(8) Unused provisional voting materials, and all other unused materials and supplies.
(9) Flashlight.
PART 23. VOTER ASSISTANCE
230:35-5-119. Assistance outside the polling place for physically disabled or infirm voter [AMENDED]
(a) A voter who comes to the polling place but who cannot come inside to vote because of a physical disability or infirmity is entitled to vote outside the polling place assisted by two Precinct Officials. [26:7-123.1] If the voter is only visually disabled, this procedure does not apply. [26:7-123.1] This procedure does not apply to those who drive, accompany or assist the voter unless they otherwise qualify for assistance outside the polling place.
(b) Precinct Officials use this procedure when they learn that a physically disabled or infirm voter is outside wanting to vote. Before going outside to help the voter, the Precinct Officials must stop processing voters inside the polling place.
(1) The Inspector tells the Judge to stop allowing voters to sign the Precinct Registry.
(2) After all the voters who already have signed the Precinct Registry finish voting, the Inspector and one of the other Precinct Officials go outside to help the voter. The Inspector and the other Precinct Official must be registered to vote in different political parties.
(3) The Inspector and the other Precinct Official take these items outside with them to assist the voter.
(A) Precinct Registry
(B) Ballots
(C) Secrecy folder
(D) Precinct Official NotebookManual
(E) Oklahoma Voter Registration Application form
(F) Address Information Requested handout
(4) The Precinct Official who stays inside the polling place does not allow any voters to sign the Precinct Registry or receive ballots while the Inspector and the other Precinct Official are outside.
(c) The Inspector and the other Precinct Official follow this procedure when they go outside to help the voter.
(1) The Inspector readsprovides this oath to the voter on a form prescribed by the Secretary of the State Election Board: "Do you swear or affirm that you cannot enter the polling place to cast your ballot today because of a physical disability or infirmity? Do you further swear or affirm that the disability or infirmity is not a visual disability?" The voter must sign the oath under penalty of perjury.
(2) The other Precinct Official finds the voter's name in the Precinct Registry, asks to see the voter's proof of identity, and places a checkmark in the ID box beside the voter's name. The voter signs the Precinct Registry if able to do so. If the voter cannot sign the Precinct Registry, the other Precinct Official prints the voter's name in the Precinct Registry and writes his own initials beside the voter's printed name.
(3) If the Precinct Registry contains either the "Confirm Address" or "Insufficient Address" message, give the voter the Address Information Requested handout and the Oklahoma Voter Registration Application form. See 230:35-5-113.1.
(4) If the voter can mark the ballot without assistance, the Precinct Officials allow the voter to do so. The Precinct Officials allow the voter as much privacy as possible to mark the ballot in secret. The voter puts the ballot in the secrecy folder.
(5) If the voter cannot mark the ballot, the voter chooses an assistant. The voter's assistant may be the other Precinct Official or any other person the voter wants. However, the Inspector cannot be the voter's assistant.
(6) The Inspector readsprovides this oath to the voter's assistant. "Do you swear or affirm that you are not the voter's employer or an agent of the voter's employer? [26:7-123.3] Do you swear or affirm that you are not an officer or agent of the voter's union? [26:7-123.3] Do you swear or affirm that you will mark the voter's ballot or help the voter mark the ballot according to the voter's wishes?" [26:7-123.3]
(7) The voter's assistant marks the voter's ballot as the voter instructs. The Precinct Officials allow the voter and the voter's assistant as much privacy as possible to mark the ballot in secret. The voter's assistant puts the ballot in the secrecy folder.
(8) The Inspector printsensures that the names of the voter and the voter's assistant appear on the Voter Assistance Form and puts a check mark in the "Physically Disabled Voter (Other Than Visual) Who Cannot Enter Polling Place" columnthat the form is filled out completely.
(9) If the voter marked his or her own ballot, the other Precinct Official signs the Voter Assistance Form. If the voter did not mark his or her own ballot, the voter's assistant and the other Precinct Official shall sign the Voter Assistance Form. If the other Precinct Official served as the voter's assistant, he or she shall sign the Voter Assistance Form only in the column labeled "Precinct Official Who Takes Ballots Outside Polling Place.". The Inspector signs the Voter Assistance Form in the space provided at the bottom of the form.
(10) The Precinct Officials go back inside the polling place. The Inspector, using the secrecy folder and with the other two Precinct Officials watching, immediately puts the ballot in the voting device.
(11) Return to the routine procedure.
(d) The procedures described herein shall also be applicable to in-person absentee voting sites. Provided, an absentee voting board shall perform the duties assigned to precinct officials.
PART 34. PROVISIONAL VOTING PROCEDURES
230:35-5-177. Provisional voting procedure [AMENDED]
The Inspector or the Provisional Voting Officer greets the voter and follows these steps to help the voter cast a provisional ballot.
(1) Take the Provisional Ballot Voucher from the voter. If the voter did not receive a Provisional Ballot Voucher from the Judge, send the voter to the Judge for a Provisional Ballot Voucher.
(2) Give the voter a copy of the Provisional Voting Information handout.
(3) Tell the voter that if County Election Board personnel cannot verify the voter's registration in this precinct, the provisional ballot will not be counted.
(4) Give the voter an Oklahoma Voter Registration Application form and ask the voter to fill it out and sign it. A voter is not required to complete the registration application to receive a provisional ballot but should be encouraged to do so. Tell the voter that filling out and turning in a new voter registration application may prevent the need to vote by provisional ballot in future elections. If the voter completes the application, set it aside in a secure place.
(5) Use a Checklist for Provisional Voting Officer and fill out an Oklahoma Provisional Ballot Affidavit form for the voter.
(A) Write the county name, election date, and precinct number in the spaces provided at the top of the affidavit.
(B) Write the voter's name and residence address on the affidavit exactly as they appear on the Provisional Ballot Voucher.
(C) Copy the Ballot Codes indicated on the Provisional Ballot Voucher to the spaces provided at the bottom of the Affidavit in the shaded area labeled "PVO Use Only."
(D) Ask the voter for the following information and write it on the affidavit in the appropriate spaces:
(i) Date of birth
(ii) Oklahoma driver license number, if available
(iii) Last four digits of Social Security number
(iv) Check the box only if the voter does not have an Oklahoma driver license and claims not to have been issued a Social Security number.
(E) Place a checkmark beside the appropriate statement of the reason the voter is casting a provisional ballot. Note the following special instructions for some of the listed reasons.
(i) Proof of identity. If the voter does not have or refuses to provide proof of identity or if the voter's current name on an otherwise valid proof of identity document does not substantially conform to the name in the Precinct Registry, ask the voter to read and respond to each statement and to provide the correct information in the shaded area on the affidavit labeled "Completed By Voter." If the voter provides a name or residence address that is different from the name or address in the Precinct Registry, the voter must complete an Oklahoma Voter Registration Application form and turn it in with the completed affidavit.
(ii) Voter Not in Precinct Registry. If the voter offers any information about where and when he or she may have registered, last voted, or another name under which he or she may be registered, record the information in the spaces provided. If the voter has a voter identification card, take it and attach it with a paperclip to the voter registration application form. Ask the voter to complete and turn in a new Oklahoma Voter Registration Application form.
(iii) Voter disputes political affiliation indicated in Precinct Registry. Write the political affiliation claimed by the voter in the space provided.
(iv) Voter disputes school district or municipal assignment in Precinct Registry. Write the name of the school district or municipality in which the voter claims to reside.
(v) Uniformed services or overseas voter. Check the appropriate box to indicate the voter is a recently returned uniformed services or overseas voter.
(vi) Voter who disputes credit for absentee voting. Check this reason only during in-person absentee voting if a voter who has already received credit for voting by absentee ballot in this election denies having voted in this election.
(F) Record the ballot codes indicated on the voter's Provisional Ballot Voucher in the spaces provided on the Affidavit.
(6) Ask the voter to review the information on the affidavit. Tell the voter to read the oath and to sign it. Also ask the voter to write his or her daytime telephone number in the space provided.
(7) Sign the affidavit in the space provided for the Provisional Voting Officer.
(8) Print the voter's name on the Provisional Ballot Roster and copy the ballot codes to the Ballots Issued column on the Roster.
(9) Tell the voter to sign the roster.
(10) Ask the Clerk for the ballots indicated on the voucher. Fold each ballot in half before giving it to the voter. Give the voter the ballots and a Ballots envelope.
(11) Tell the voter to go to the provisional ballot voting booth to mark the ballot. Tell the voter to follow these steps to secure the ballot.
(A) Fold the ballot in half.
(B) Put the folded ballot inside the secrecy envelope and seal the envelope.
(C) Put the sealed secrecy envelope inside the affidavit envelope and seal the affidavit envelope.
(D) Return to the table with the sealed affidavit envelope.
(12) While the voter is marking the ballots, write the precinct number, election date, and the voter's name on a Provisional Ballot Materials envelope. Put the following items inside the Provisional Ballot Materials envelope:
(A) Affidavit
(B) Voucher
(C) Filled out and signed Oklahoma Voter Registration Application, if applicable
(13) If necessary, follow the procedures for spoiled ballots (230:35-5-127) or voter assistance (230:35-5-120.1), using instructions in the Election Day Reference and Problem Solver in the Precinct Official NotebookManual.
(14) When the voter returns the sealed Ballots envelope, put it inside the Provisional Ballot Materials envelope with the voter's name on it and seal the Materials envelope. Put the sealed Provisional Ballot Materials envelope inside the orange Provisional Ballots Bag.
(15) Tell the voter that information concerning disposition of the provisional ballot may be obtained from the County Election Board after 5 p.m. on Friday. Make sure the voter takes a copy of the Provisional Voting Information handout.
230:35-5-177.1. Provisional voting procedure for voter using the ATI [AMENDED]
If a voter who is using the ATI device attached to the voting device to cast an audio ballot needs to vote provisionally for one of the reasons listed in 230:35-5-177, follow the provisional voting procedure as outlined in 230:35-5-177 (1) through (8). Read both the information you have recorded on the Affidavit and the oath to a visually disabled voter. Follow the steps in the Election Day Reference and Problem Solver in the Precinct Official NotebookManual to prepare the ATI device and activate the appropriate audio ballot for the voter. Once the audio ballot is activated, other voters can continue inserting paper ballots into the voting device while the ATI device is in use.
[OAR Docket #26-470; filed 6-2-26]
TITLE 230. State Election Board
CHAPTER 40. TYPES OF ELECTIONS
[OAR Docket #26-472]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 5. Municipal Elections
Part 9. PROCEDURES
230:40-5-46.1. Effective date of municipal boundary changes for election purposes [AMENDED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments in 230:40-5-46.1 are intended to clarify that the municipal or ward boundaries in effect at the time of the adoption of the resolution calling the election are to be used for ballot preparation and election setup. Under current state law, the resolution deadline for an election can potentially be 75 days before any regular or special federal or state election, and it is impractical and risky to allow for changes to municipal or ward boundaries after an election has been called that affect how election officials conduct ballot preparation and election setup for that election. If there are such changes to the boundaries after the date of the resolution, then affected voters may still cast a provisional ballot when eligibility issues arise, which are rare.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 5. MUNICIPAL ELECTIONS
PART 9. PROCEDURES
230:40-5-46.1. Effective date of municipal boundary changes for election purposes [AMENDED]
(a) A municipal boundary change shall be considered to be in effect 30 days after the ordinance making the change is adopted by the governing board of the municipality or at a later effective date specified in the ordinance.
(b) The municipal or ward boundaries in effect 60 days precedingon the date of the adoption of the resolution calling for a regular or special election shall be the boundaries in effect for the election for the purposes of the County Election Board's election setup and ballot preparation tasks. The precincts open on election day shall be determined only from the map submitted to the County Election Board along with the resolution calling the election.
(c) Changes to municipal or ward boundaries that become effective fewer than 60 days precedingafter the date of the adoption of the resolution calling for an election may be considered in resolving questions of voter eligibility and in verification of provisional ballots only if documentation of the boundary change is provided directly to the County Election Board by the governing board of the municipality. Documentation shall include both a dated copy of the annexation ordinance and a map showing the annexed area. In the event that a municipal or ward boundary change becomes effective as described in (a) of this section less than 60 days before an electionafter the date of the adoption of the resolution and that such boundary change includes all or part of a precinct not previously included in the election, registered voters in the affected area may vote in the election according to the following procedure.
(A) Such voters on election day shall be issued the appropriate absentee ballot style according to provisional voting procedure outlined in 230:35-5-177.
(B) The Secretary of the County Election Board shall assign a member of the County Election Board staff to act as the Provisional Voting Officer for such voters.
(1) Registered voters in the affected area may cast provisional ballots during in-person absentee voting.
(2) Registered voters in the affected area may cast provisional ballots at the County Election Board officepolling place between the hours of 7 a.m. and 7 p.m. on election day.
[OAR Docket #26-472; filed 6-2-26]
TITLE 230. State Election Board
CHAPTER 45. CONTESTS OF ELECTION
[OAR Docket #26-473]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Recounts
Part 1. RECOUNTS FOR COUNTY OFFICE
230:45-3-2. Procedure for Secretary [AMENDED]
Part 9. RECOUNTS WITH ELECTRONIC VOTING DEVICES
230:45-3-52. Preparation of voting device [AMENDED]
AUTHORITY:
Secretary of the State Election Board; Title 26 O.S., Section 2-107
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments in this Chapter are minor terminology updates. The Assistant Secretary is who should speak with the other two members about an upcoming meeting, not the Secretary who is a voting member as to not risk a violation of the Open Meetings Act.
CONTACT PERSON:
Rachel Rogers Phone number: 405-521-6962. Mailing address: State Election Board, P.O. Box 53156, Oklahoma City, OK 73152. Email: Rachel.rogers@elections.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. RECOUNTS
PART 1. RECOUNTS FOR COUNTY OFFICE
230:45-3-2. Procedure for Secretary [AMENDED]
(a) At least one week prior to an election, the Assistant Secretary of the County Election Board shall consult with the other two members of the County Election Board to set a tentative date and time for a recount hearing to be held if necessary. The Secretary also shall consult with the county's District Judge concerning the tentative date and time of a recount hearing.
(b) Upon receipt of a recount petition, the Secretary shall observe the following procedure:
(1) Contact the District Judge or Associate District Judge of the county to verify the time that the recount can begin in the District Courtroom.
(2) Enter the appropriate information about the recount in MESA. Write the cause number assigned to the recount by MESA on the recount petition.
(3) Issue an order setting the date, time and place of the recount. See 230:45-3-3. Provide a sufficient number of copies of the order to the contestant to have served on the other candidate or candidates involved in the recount. See 230:45-3-4.
(4) Notify other members and/or alternate members of the County Election Board.
(5) If a manual recount has been requested, select and train a sufficient number of Counters to conduct the recount.
(A) Regular Precinct Inspectors, Judges or Clerks may serve as Counters for a manual recount. Employees of the County Election Board also may serve as Counters.
(B) At least two different political parties shall be represented among the Counters for a manual recount. [26:8-114(B)]
(C) Counters at a manual recount shall be registered voters in the county. [26:8-114(B)]
(D) Counters at a manual recount may not be employed by nor related within the third degree by either consanguinity or affinity to a candidate involved in the recount. Counters also may not be related by either consanguinity or affinity to any member of the County Election Board.
PART 9. RECOUNTS WITH ELECTRONIC VOTING DEVICES
230:45-3-52. Preparation of voting device [AMENDED]
When it is time to begin the recount, the person designated to operate the voting device shall follow the appropriate instructions to prepare the voting device to accept and count ballots. See 230:35-5-32 or the Election Day Reference and Problem Solver section of the Precinct Official NotebookManual.
[OAR Docket #26-473; filed 6-2-26]
TITLE 245. State Board of Licensure for Professional Engineers and Surveyors
CHAPTER 2. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-484]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
245:2-1-1. Purpose [AMENDED]
245:2-1-4. Board meetings [AMENDED]
245:2-1-6. Duties of Executive Director, Principal Assistant and Assistant Director [AMENDED]
245:2-1-9. Official Board Seal [AMENDED]
245:2-1-10. Official records [AMENDED]
245:2-1-13. Confidential records [AMENDED]
245:2-1-18. Fees and penalties [AMENDED]
245:2-1-21. Engineering and Surveying Education Assistance Program [AMENDED]
AUTHORITY:
Oklahoma State Board of Licensure for Professional Engineers and Surveyors; Title 59, 475.1 et seq
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 23, 2025
COMMENT PERIOD:
November 17, 2025 through December 17, 2025
PUBLIC HEARING:
N/A
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments will:
• remove the word “land” from all references to surveying, as approved by legislation in 2024, and
• delete duplicative, unnecessary language, and expired language, and
• further define email addresses used for commercial purposes are held confidential, and
• extend the timeframe an expired license can be reinstated and realign reinstatement fees to allow for a 2-year reinstatement period instead of a 6-month reinstatement period to expedite the re-licensure process, and
• remove the 3-year legal Oklahoma residency requirements from the scholarship program.
CONTACT PERSON:
Kathy Hart
khart@pels.ok.gov
405-521-2874
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
245:2-1-1. Purpose [AMENDED]
The Rules of Procedure of the Board are set forth for the purpose of interpreting and implementing 59 O.S., Sections 475.1 et seq., establishing the State Board of Licensure for Professional Engineers and Land Surveyors and conferring upon it the responsibility for the licensing of engineers, land surveyors, engineering and land surveying firms, regulation of the practice of engineering and land surveying, and enforcement of the Statutes. The Rules of Procedure are known and cited as OAC 245.
245:2-1-4. Board meetings [AMENDED]
(a) The Board holds at least four (4) regular meetings each year within the State of Oklahoma.
(b) All meetings shall be conducted by the current edition of "Roberts Rules of Order Newly Revised" unless otherwise provided herein or by Statute.
(c) A quorum of the Board shall consist of a majority of the full Board that includes at least one (1) Professional Land Surveyor Member. A majority vote of those present is required to pass a motion. The Chair shall vote as a member of the Board.
(d) In the absence of a quorum at any regular or special meeting called, those members of the Board in attendance shall reschedule such meeting to any later date.
245:2-1-6. Duties of Executive Director, Principal Assistant and Assistant Director [AMENDED]
(a) The Board shall employ an Executive Director who shall be responsible for the administration of the policies of the Board, the processing of its routine operations, and other administrative and ministerial duties as the Board authorizes.
(b) The Board may employ a Principal Assistant and/or an Assistant Director for the Board, who shall not be members of the Board, and may be Professional Engineer(s) and/or Professional Land Surveyor(s). The Principal Assistant's duties shall be to assist the Executive Director in the administration of the policies of the Board and other administrative and ministerial duties as the Board authorizes. The Principal Assistant and/or Assistant Director shall act on behalf of the Executive Director in the absence of the Executive Director.
(c) The Board shall furnish the Executive Director the necessary equipment, supplies and administrative assistance, paying for same as prescribed herein and by law.
(d) The Executive Director or his/her designee shall make available to the Public for inspection at its official published address, all public records of the Board, and shall accept submissions and requests at said location.
(e) The Executive Director shall present financial reports to the Board for the "Professional Engineers and Land Surveyors Fund", and any other authorized funds, which shall show all funds received and disbursed from the fund.
245:2-1-9. Official Board Seal [AMENDED]
The Seal of the Board shall be a circular seal, 2 1/4" in diameter, consisting of two concentric circles. The inner circle shall be 1 3/8" in diameter and shall contain the great seal of the State of Oklahoma. The outer circle shall be 2 1/8" in diameter and the area between the two circles shall contain the wording "State Board of Licensure for Professional Engineers and Land Surveyors" and the word "Oklahoma".
245:2-1-10. Official records [AMENDED]
Among other official records required by law, or by rules of other agencies in support of law, the Board shall maintain accurate and current records including, but not limited to:
(1) A record of minutes, in proper order, containing a summary of actions of all meetings of the Board.
(2) Records of Licensees, containing the name and license number of all persons to whom Certificates of Licensure are issued, date of original license, the last known physical and e-mail addresses of all current licensees and renewals affected through biennial licensure, and the discipline(s) of engineering in which the applicant is claiming competency.
(3) Licensee files for each current licensee containing the original application, relevant verification and evaluation data, record of examination results, and when applicable, records of alleged violations, suspensions, revocations, refusal to renew, orders issued, hearing transcriptions and penalties levied.
(4) Certificate of Authorization files containing the name of each current firm holding a current certificate, the engineer(s) or land surveyor(s) of record, a record of all partners, officers and directors of the entity, managing agent(s) and their license numbers and states which they are licensed, if applicable, and the last known address.
(5) A system of finance records indicating funds received, budgeted, committed, spent, remaining and projections of appropriate request for consideration in budget development.
245:2-1-13. Confidential records [AMENDED]
(a) Prior to presentation to the Board for formal or informal adjudication, files of investigations in progress shall be deemed not subject to the Open Records Act and therefore, confidential. Files of investigation that are confidential shall not be subject to disclosure to the extent such files would not be discoverable under state law, are protected by an evidentiary privilege, contain the record of a lawfully constituted executive session, or contain the personal notes or personally created materials of a public official prior to taking action, or contain materials otherwise exempt from disclosure or discovery under applicable laws.
(b) Files of investigations in progress as referenced in this Section, shall mean any record, as defined by 5l O.S. 1991, Section 24A.3 and any amendments thereto pertaining to alleged violations of the Act or the Rules in this Chapter, by an individual or firm, partnership, association, corporation or entity prior to presentation to the Board for formal or informal adjudication.
(c) Upon written request, the Board or Board staff will examine its investigation files to determine the extent to which material contained in the file of an investigation in process should be deemed not confidential and, therefore, may be disclosed. In all cases, the Board will confirm a complaint has or has not been received and that an investigation is in progress.
(d) Other Board records and papers that may be kept confidential according to Title 59, Section 475.10(D): examination materials, file records of examination problem solutions, exam scores or results, letters of inquiry and reference concerning applicants, transcripts of college courses and grades, e-mail addresses used for commercial purposes, ongoing investigation files, closed complaints, information otherwise protected by law and all other matters of like confidential nature.
245:2-1-18. Fees and penalties [AMENDED]
(a) Schedule of fees and penalties, effective July 1, 20202026, are as follows:
(1) Application:
(A) Original (Initial)
(i) Engineer/Surveyor - $150.00
(ii) Intern - no charge
(iii) Firm - $200.00
(B) Comity
(i) Engineer/Surveyor - $250.00
(ii) Intern - no charge
(iii) Firm - $200.00
(C) Re-license
(i) Engineer/Surveyor - $250.00
(ii) Intern - no charge
(iii) Firm - $200.00
(2) Biennial renewals:
(A) Individual: Renewal fees are waived for Oklahoma licensed engineers and surveyors at 70 years old. Individuals must be 70 years old prior to their biennial renewal date and comply with the administrative renewal requirements of the Board to qualify. However, beginning January 1, 2021, no renewal fees shall be waived and all licensees shall be required to pay the required renewal fee as long as the licensee chooses to maintain an active license. An individual may choose to retire their license at no cost and maintain a retired professional engineer or retired professional land surveyor status pursuant to the provisions of OAC 245:15-1-3. However, no privilege to offer or practice engineering or surveying shall exist without an active license.
(i) Engineer/Surveyor - $150.00
(ii) Intern - no charge
(B) Retired license: An individual may choose to retire his or her license at no cost and maintain a retired professional engineer or retired professional surveyor status pursuant to the provisions of OAC 245:15-1-3. However, no privilege to offer or practice engineering or surveying shall exist without an active license.
(BC) Firm: - $200.00
(3) Reinstatement penalty (in addition to the renewal fee): The following reinstatement penalty schedule refers to payments received by the Board within the prescribed number of days following the expiration date of the renewal:
(A) 1 - 30 days:
(i) Engineer/Surveyor - $50.00
(ii) Firm - $50.00
(B) 31 - 90 days:
(i) Engineer/Surveyor - $100.00
(ii) Firm - $100.00
(C) 91 - 180 days:
(i) Engineer/Surveyor - $200.00 $150.00
(ii) Firm - $200.00 $150.00
(D) Effective January 1, 2027 181 – 365 days:
(i) Engineer/Surveyor - $200.00
(ii) Firm - $200.00
(E) Effective January 1, 2027 366 days – 730 days
(i) Engineer/Surveyor - $250.00
(ii) Firm - $250.00
(D) Reinstatement penalties for professional engineers and land surveyors may be waived if the licensee was unable to renew because they were in non-compliance with the Oklahoma Tax Commission or if other documented hardships occur. Application for waiver of reinstatement penalties must be submitted to the board office in writing with appropriate documentation for board review prior to license renewal or payment of the reinstatement penalty.
(4) Re-examination applicationExamination and Proctor Fees:
(A) Surveyor - $50.00 (Oklahoma Law and Surveying Examination - paper and pencil)
(B) Out-of-state Proctoring Fee - actual cost (Oklahoma Law and Surveying Examination)
(C) Surveyor - actual cost of seat time for computer-based examination (Oklahoma Law and Surveying Examination)
(5) Temporary License (Engineering): $500.00
(6) Administrative fee for returned checks: $25.00
(7) Duplicate certificate: $25.00
(8) Application fee to revise license or authorization
(A) Engineer/Surveyor - $50.00
(B) Intern - no charge
(C) Firm - $100.00
(9) Transcript of hearing - Actual cost
(10) Copy of public records (per page): $.25
(b) The Board shall make no refunds of any fees or penalties to any applicant or licensee.
(c) These fees and penalties apply to the Rules in this Chapter and Chapter 15 of this Title.
(1) The administrative fee for returned checks shall be applied to any check returned to the Board for insufficient funds.
(2) Any such check returned to the Board shall be replaced with a cashier's check or money order within ten (10) days following notification from the Board of the returned check.
(d) Any member of the Armed Forces of the United States who is deployed on active duty who at the time of deployment was duly licensed in good standing as a professional engineer or land surveyor in Oklahoma may renew their license without the payment of renewal or reinstatement fees. The license or certificate issued pursuant to the provisions of this section may be continued as long as the licensee or certificate holder is a member of the Armed Forces of the United States on active duty and for a period of at least one (1) year after discharge from active duty.
(e) Pursuant to O.S., Title 59, Section 4100(2)(D), active duty military personnel and their spouse who are a licensed professional engineer or land surveyor in another state, upon receiving notice or orders for military transfer or honorable discharge to this state, may in advance of actual transfer or discharge apply for an expedited temporary or comity license per this act and Board Policy, and shall not be required to pay an application fee or pro-rated license fee for the issuance of an expedited temporary or comity license.
(f) Pursuant to O.S., Title 59, Section 4003, upon presentation of satisfactory evidence that an applicant for licensure or certification is a low-income individual, shall grant a one-time one-year waiver of any fees associated with such license or certification. For purposes of this section, “low-income individual” means an individual who is enrolled in a state or federal public assistance program, including, but not limited to, the Temporary Assistance for Needy Families, Medicaid or the Supplemental Nutrition Assistance Program, or whose household adjusted gross income is below one hundred forty percent (140%) of the federal poverty line or a higher threshold to be set by the executive branch department that oversees business regulation.
245:2-1-21. Engineering and Surveying Education Assistance Program [AMENDED]
(a) The Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors Engineering and Surveying Education Assistance Program was created by the Oklahoma Legislature and is funded and administered by the Board. The fund is to be used for higher education scholarships, for additional instructional courses for persons currently licensed or seeking licensure a license to practice engineering or land surveying, and for other educational activities or programs that may assist students pursuing a career in engineering or surveying who may choose to pursue professional licensing. The Board shall have the authority to maintain a separate fund for this purpose and the fund may accrue interest. Scholarships may serve as an additional incentive for residents of the State who are pursuing the study of engineering or surveying at a private or public college in Oklahoma in a program of engineering that is EAC/ABET or ETAC/ABET accredited or in a program of surveying that is approved by the Board.
(b) The Board Chair shall appoint a Scholarship and Education Committee of the Board annually from its membership to create and administer the programs. The duties of the committee shall be established by Board Policy.
(c) Applications for scholarships and the process for awarding scholarships shall be administered by Board Policy.
(d) Preference in the granting of scholarships shall be determined by Board policy. To be eligible for the Engineering and Surveying Assistance Program an applicant must:
(1) be a legal resident of the State of Oklahoma for not less than three (3) years prior to the date of application, or
(21) be a high school graduate from an Oklahoma public or private school, or be an Oklahoma resident who has attended an Oklahoma college or university for one (1) year prior, and
(32) be enrolled or have been accepted to an accredited college or university in a program that is EAC/ABET or ETAC/ABET for engineering or a surveying program approved by the Board, and
(43) meet all requirements and academic standards established by the Board.
(e) Funds may be awarded to qualified students each academic year as per Board policy. Payment of the scholarship award will be sent to the college or university in direct payment for the student.
(f) Students must reapply annually to be reconsidered for the scholarship.
(g) Additional education and reimbursement programs may be created by the Scholarship and Education Committee to be financially supported through this fund upon approval by the Board.
(h) The Board may use this fundsfund to establish and conduct instructional programs for persons who are currently licensed to practice engineering or land surveying, as well as refresher courses for persons interested in obtaining adequate instruction or programs of study to qualify them for licensure a license to practice engineering or land surveying. The Board may conduct, sponsor, and arrange for instructional programs and also may carry out instructional programs through extension courses or other media. The Board may enter into plans or agreements with community colleges, public or private institutions of higher learning, the State Board of Education, or with Oklahoma Department of Career and Technology Education CareerTech, for the purpose of planning, scheduling or arranging courses, instruction, extension courses or in assisting in obtaining courses of study or programs in the fields of engineering and land surveying. The Board shall encourage the educational institutions in Oklahoma to offer courses necessary to complete the educational requirements of Section 475.1 et seq. of this title.
[OAR Docket #26-484; filed 6-3-26]
TITLE 245. State Board of Licensure for Professional Engineers and Surveyors
CHAPTER 15. LICENSURE AND PRACTICE OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS [AMENDED]
[OAR Docket #26-492]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
245:15-1-3. Definitions [AMENDED]
Subchapter 3. Application and Eligibility for Licensure
245:15-3-4. Board action required [AMENDED]
245:15-3-6. Active and inactive applications [AMENDED]
245:15-3-7. Qualifications for original professional engineer license and engineer intern certification [AMENDED]
245:15-3-8. Qualifications for original land surveying license [AMENDED]
245:15-3-9. License by comity or endorsement for professional engineers or professional land surveyors [AMENDED]
245:15-3-10. Temporary License [AMENDED]
Subchapter 5. Examinations
245:15-5-3. Examination specifications [AMENDED]
245:15-5-4. Classification of qualifying examinationsexaminations and subversion provisions [AMENDED]
Subchapter 7. LicensureLicensing [AMENDED]
245:15-7-1. Certificate of LicensureLicensing Certificates [AMENDED]
245:15-7-2. Suspension, revocation, or refusal to renew Certificate of Licensurea License [AMENDED]
245:15-7-3. Biennial licensurelicense renewal required [AMENDED]
245:15-7-4. Waived renewal fees for professional engineers and professional land surveyors over the age of 70Retired professional engineers and professional surveyors status [AMENDED]
245:15-7-5. Reinstatement of revoked, inactivated, or retired licenses [AMENDED]
Subchapter 9. Rules of Professional Conduct
245:15-9-1. Purpose; scope; applicability [AMENDED]
245:15-9-3. Responsibility to the publicProfessional Conduct of Licensees [AMENDED]
245:15-9-4. Areas of practice [REVOKED]
245:15-9-5. Public statements [REVOKED]
245:15-9-6. Conflict of interest [REVOKED]
245:15-9-7. Solicitation of work [REVOKED]
Subchapter 11. Continuing Education
245:15-11-1. Definitions [AMENDED]
245:15-11-2. Continuing education committees [AMENDED]
245:15-11-3. Scope and exemptions [AMENDED]
245:15-11-5. Requirements for Professional Engineers and LandProfessional Surveyors [AMENDED]
245:15-11-6. Criteria for continuing educational activities [AMENDED]
245:15-11-7. Conversion of units and determination of credits [AMENDED]
245:15-11-9. Records - Audits [AMENDED]
245:15-11-11. Disallowed credit; failure to comply [AMENDED]
245:15-11-12. Re-licensurelicensing [AMENDED]
245:15-11-13. Dual Licensees [AMENDED]
Subchapter 13. Minimum Standards for the Practice of Land Surveying [AMENDED]
245:15-13-1. Purpose; scope; applicability [AMENDED]
245:15-13-2. Minimum Standards [AMENDED]
245:15-13-4. Mortgage Inspection Report [AMENDED]
Subchapter 15. Ethical Marketing of Services
245:15-15-1. Purpose; scope [AMENDED]
245:15-15-3. Professional obligation in solicitation of professional employment [AMENDED]
Subchapter 17. Licensee's Seal
245:15-17-1. Licensee's seal [AMENDED]
245:15-17-2. Use of seal [AMENDED]
Subchapter 19. Organizational Practice
245:15-19-2. Criteria for issuance of Certificate of Authorization [AMENDED]
245:15-19-3. Biennial license for Certificate of Authorization [AMENDED]
245:15-19-4. Reinstatement of revoked Certificate of Authorization [AMENDED]
245:15-19-5. Compliance with laws, rules, regulations and orders [AMENDED]
245:15-19-6. Notification of changes in firm practice required [AMENDED]
245:15-19-7. Authority to use professional titles [AMENDED]
245:15-19-9. Exceptions [AMENDED]
Subchapter 21. Corner Perpetuation and Filing Act Requirements
245:15-21-2. Recordation of corners [AMENDED]
245:15-21-3. Specifications for Certified Corner Records [AMENDED]
245:15-21-4. Remonumentation of corners [AMENDED]
Subchapter 23. Violations
245:15-23-1. Prima facie evidence [AMENDED]
245:15-23-2. Grounds for violations and penalties - Conduct [AMENDED]
245:15-23-3. Additional administrative penalties for violations [AMENDED]
245:15-23-4. Fraud or misrepresentation [AMENDED]
245:15-23-5. Gross negligence [AMENDED]
245:15-23-6. Gross incompetence [AMENDED]
245:15-23-7. Misconduct or dishonest practice [AMENDED]
245:15-23-9. Filing a complaint; forms and evidence; Formal Notice of Charges [AMENDED]
245:15-23-18. Findings of the Board and penalties [AMENDED]
245:15-23-24. Other hearings [AMENDED]
AUTHORITY:
Oklahoma State Board of Licensure for Professional Engineers and Surveyors; Title 59, 475.1 et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 23, 2025
COMMENT PERIOD:
November 17, 2025 through December 17, 2025
PUBLIC HEARING:
N/A
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 28, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed revisions to the subchapters are as follows:
Subchapter 1. General Provisions: The proposed amendments will align existing definitions with statute revisions signed into law by Governor Stitt in 2024; modernize definitions to include updated methods using technological advances, and general clean-up language.
Subchapter 3. Application and Eligibility for Licensing: The proposed amendments will:
• allow for a more expedited process with fewer obstacles for examinations, licensure and simplify the process for new licensees obtaining their original license in Oklahoma, and
• allow applicants who have a PhD in engineering to waive the Fundamentals of Engineering Examination as a step towards licensure, which is allowed in some neighboring states. Oklahoma State University requested the Board to consider this amendment to allow them to have a better opportunity to compete with other states to hire and tenure well-qualified applicants for their engineering departments, and
• allow surveyor applicants to waive the requirement to have 2 years of qualifying experience following their degree in certain circumstances to remove a barrier to licensure for qualified applicants, and
• define a qualifying “board-approved” education program as a ETAC/ABET or ANSAC/ABET accredited program by July 1, 2032. This timeframe will allow ample time for existing programs to obtain accreditation or new programs to be developed to ensure Oklahoma has quality education programs available in Oklahoma, and
• provide a clear pathway to allow the licensing of international engineers through Mutual Recognition Agreements, such as the U.K. MRA which the Board signed at the urging of the Governor’s office in August 2024, and
• remove the word “land” from all references to surveying, as approved by legislation in 2024.
Subchapter 5. Examinations: The proposed amendments will remove the word “land” from all references to surveying, as approved by legislation in 2024, remove duplicate language, and allow for updates made to the national licensing examinations.
Subchapter 7. Licensure: The proposed amendments will update expired language, allow for individuals with expired licenses to reinstate their licenses up to 2 years following expiration instead of after 6 months. This will expedite the relicensing process for individuals with expired licenses while still protecting the health, safety and welfare of the public.
Subchapter 9. Rules of Professional Conduct: The proposed amendments are to reorganize the existing language in a more organized, modern manner; include a definition for “responsible charge” which will allow surveyors to utilize electronic means of communication without requiring in person supervision. Revoked sections were incorporated into more appropriate sections of the rules.
Subchapter 11. Continuing Education: The proposed amendments are to remove the word “land” from all references to surveying, as approved by legislation in 2024, update and modernize language, shorten the timeframe to provide additional continuing education because so much is readily available online.
Subchapter 13. Minimum Standards for Land Surveying: The proposed amendments were developed in conjunction with the Oklahoma Society of Land Surveyors and further clarify and update minimum standard requirements.
Subchapter 15. Ethical Marketing of Services: The proposed amendments remove the word “land” from all references to surveying, as approved by legislation in 2024.
Subchapter 17. Licensee’s Seal: The proposed amendments were developed to remove the word “land” from all references to surveying, as approved by legislation in 2024, move the “responsible charge” provisions to Subchapter 9. Rules of Professional Conduct and modernize the language.
Subchapter 19. Organizational Practice: The proposed amendments were developed to modernize the language, remove the word “land” from all references to surveying, as approved by legislation in 2024, and provide for the same reinstatement provisions proposed in Subchapter 7 for individuals.
Subchapter 21. Corner Perpetuation and Filing Act Requirements: The proposed amendments remove the word “land” from all references to surveying, as approved by legislation in 2024.
Subchapter 23. Violations: The proposed amendments remove the word “land” from all references to surveying, as approved by legislation in 2024 and allow the Board to consider certain extenuating factors regarding administrative fines, which are also in the national model rules.
CONTACT PERSON:
Kathy Hart
khart@pel.ok.gov
405-521-2874
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
245:15-1-3. Definitions [AMENDED]
The following words or terms, when used in the Rules of Procedure, shall have the following meaning, unless the context clearly indicates otherwise. Definitions in 59 O.S. Section 475.2 and 65 O.S. Section 3-118 shall be read together with the definitions and interpretations provided in the Rules of Procedure of the Board.
"Engineering surveys" means all survey activities required to support the sound conception, planning, design, construction, maintenance and operation of engineered projects, but exclude the surveying of real property for the establishment of land boundaries, rights-of-way, easements and the dependent or independent surveys or resurveys of the public land survey system. Unless a Professional Land Surveyor has provided the Professional Engineer with geocentric/geodetic control coordinates which meet the accuracy standards set forth in OAC 245:15-13-2, the Professional Engineer shall only use a coordinate system based on assumed values for the project, and so state on the documents.
"Professional Surveyor" or "P.S." - The term "Professional Surveyor" or "P.S." may be used when describing a lawfully licensed Professional Land Surveyor or P.L.S. in Oklahoma, as defined pursuant to Title 59, 475.2(6).
"Significant structures", beginning November 1, 2020, shall mean buildings and other structures that represent a substantial hazard to human life in the event of failure or are designated as essential facilities, including but not limited to:
(A) Buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300,
(B) Elementary schools, secondary schools or day care facilities with an occupant load greater than 50,
(C) Adult education facilities, such as colleges and universities, with an occupant load greater than 500,
(D) Hospitals, nursing homes, mental hospitals and detoxification facilities with an occupant load of 50 or more resident care recipients and/or surgery or emergency treatment facilities,
(E) Prisons, jails, reformatories, detention centers, correctional centers,
(F) Any building or other structure with an occupant load greater than 5,000,
(G) Primary power-generating structures above 50 kilowatts,
(H) Structures at water treatment facilities for potable water and wastewater treatment facilities serving more than 5,000 people,
(I) Structures for public utility facilities containing quantities of toxic or explosive materials that are sufficient to pose a threat to the public if released,
(J) Fire, rescue, ambulance and police stations and emergency vehicle garages,
(K) Designated tornado, earthquake or other non-residential emergency shelters,
(L) Designated emergency preparedness, communications and operations centers and other facilities required for emergency response,
(M) Aviation control towers, air traffic control centers and emergency aircraft hangars,
(N) Buildings and other structures having critical national defense functions,
(O) Elevated water storage structures, and
(P) Buildings and other structures with high lateral loadings including:
(i) those subjected to ultimate design 3 second wind gust speeds equaling or exceeding wind speeds corresponding to approximately a 3% probability of exceedance in 50 years, or
(ii) those that are in Seismic Design Category D and above.
(Q) "Significant structures" shall exclude bridges and geo-structures. As defined in this document, "bridges" will not include elevated structures linking buildings. "Geo-structures" shall mean engineered structures that are loaded by the earth or whose resistance is derived from the earth. A project defined as a "Significant structure" for which a permit has not been applied for or granted as of October 31, 2020, shall be required to have an engineer of record who is a licensed Professional Structural Engineer. Beginning November 1, 2020, all new projects defined as "significant structures", shall require an Oklahoma Licensed Professional Structural Engineer to be the engineer of record.
"Accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal filled bottles, steel or wooden stakes, or other objects.
"Act" means O.S. Title 59, 475.1 et seq.
"Certify" or "Certification" or similar expressions relating to engineering or land surveying services shall mean means a statement based upon facts and knowledge known to the licensee and is not a guarantee or warranty, either expressed or implied.
"Closure error" means the ratio between the horizontal linear error of closure to the total horizontal distance traversed, with the numerator of the ratio being the number "one".
"Control surveying" means the establishment of horizontal and/or vertical control which will be the basis for future phases of a project including, but not limited to: extraction of geospatial data, engineering design projects, construction staking, surveys to layout horizontal and vertical alignments, topographic surveys using field methods, collection of topographic and planimetric data using photogrammetric methods and construction surveys of engineering or architectural public works project.
"Geospatial" means the relative position of features on, above, or below the earth's surface defined by a localized or globalized system.
"Land or boundary survey" means a survey, the primary purpose of which includes, but is not limited to, the determining of the perimeter of a parcel or tract of land by establishing or reestablishing corners, monuments and boundary lines.
"Linear closure" means a measure of the horizontal linear error without regard to direction, between the computed location of the first and last points of a traverse when either the traverse actually returns to its beginning point (geometrically and mathematically closed), or the traverse ends at a point of previously established control relative to the beginning point (geometrically open, but mathematically closed).
"Mortgage Inspection Report" means a representation of the boundaries of a parcel of real property and the improvements thereon, prepared incident incidental to a mortgage of real property.
"Monument" means a physical structure that occupies the exact position of a corner.
"Planimetric mapping surveyssurvey" meanmeans a map that presents the horizontal positions only for the features represented. This is distinguished from a topographic map by the omission of relief in measurable form.
"Positional error" means the difference between the actual position of a corner monument and it's described or computed position. This error may be determined by computing the difference between the measured position and the adjusted position of the monument or by measurement of angle and distance between three of the corner monuments on the survey if made with precise surveying instruments using proper procedures.
"Professional Engineer, Retired" - The term "Professional Engineer, Retired" as used in these rules, shall mean mean means an individual who has been duly licensed as a professional engineer by the Board, and who chooses to relinquish or not to renew a license, and who applies to and is approved by the Board to be granted the use of the title "Professional Engineer, Retired."
"Professional Land Surveyor, Retired" - The term "Professional Land Surveyor, Retired" as used in these rules, shall mean means an individual who has been duly licensed as a professional land surveyor by the Board, and who chooses to relinquish or not to renew a license, and who applies to and is approved by the Board to be granted the use of the title "Professional Land Surveyor, Retired."
"Public project" as it relates to the definition of the practice of surveying in O.S. Title 59, 475.2(7)(a)(13) means a publicly funded project locating, relocating, establishing, reestablishing, retracing, laying out, or staking of the location, alignment, or elevation whose location is dependent upon property, easement, and right-of-way boundaries.
"Rules of professional conduct for Professional Engineers and Land Surveyors" means those rules promulgated by the Board.
"Signature" means "manual signature" or "electronic or digital signature" and shall comply with the provisions of 59 O.S. 475.15(C) and be defined as follows:
(A) Manual signature means the handwritten name of a person applied to a document that identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document and provides for accountability for the contents of the document.
(B) A An electronic or digital signature shall mean an electronic secure process or secure digital code that uniquely identifies and authenticates the sender, attached to or logically associated with an electronically transmitted record and executed or adopted by a person with the intent to sign the record. An electronic or digital signature shall carry the same weight, authority, and effects as a manual signature.
"Survey plat", "sketch", or "map", or similar document, shall mean means any drawing of a parcel or tract of real property used for the purpose of depicting the results of a field survey.
"Topographic surveys" mean means a surveysurveys that have has as their its major purpose the determination of the configuration (relief) of the earth (ground) and the location of natural or artificial objects thereon.
SUBCHAPTER 3. APPLICATION AND ELIGIBILITY FOR LICENSURE
245:15-3-4. Board action required [AMENDED]
(a) Individual professional engineer, professional engineer with a structural engineer designation, and professional land surveyor initial and comity applicants meeting the requirements of a NCEES Model Law Engineer, NCEES Model Law Structural Engineer, or NCEES Model Law Surveyor, or other requirements as determined by Board statutes, rules and policy may be reviewed and evaluated by the Executive Director or the Board's designee, to determine if the applicant meets or exceeds the approved criteria. If the applicant meets or exceeds these requirements, the applicant may receive a contingent license authorizing the individual to offer or provide engineering or surveying services in Oklahoma. A list of all engineers issued contingent licenses will be placed on the agenda of the next meeting of the Board for formal approval by the Board. A list of all surveyors who have been issued contingent licenses and who have passed the appropriate Oklahoma-specific examination will be placed on the agenda of the next meeting for formal approval by the Board. All other complete comity applicants will be reviewed and evaluated by the Board at the next regularly scheduled meeting of the Board to determine if they meet or exceed the criteria to be licensed as a professional engineer, professional engineer with a structural engineer designation or a professional land surveyor.
(b) Certificate of Authorization applications for firms which meet the statutory and rule requirements may also be approved by the Executive Director or the Board's designee. If the firm meets or exceeds these requirements, the firm may receive a contingent authorization allowing the firm to offer or provide engineering or surveying services in Oklahoma. A list of all firms issued contingent authorizations will be placed on the agenda of the next meeting of the Board for formal approval by the Board.
(c) A contingent license or authorization will be in effect from its date of issuance until such time as the Board takes final action on the application for licensure a license or authorization. If the Board determines that the applicant does not meet the requirements for issuance of a license or certificate of authorization, the contingent license or authorization shall be immediately and automatically revoked upon notice to the applicant and no license will be issued.
(d) Initial applicants for a professional engineer, professional structural engineer, or professional land surveyor license shall apply to the Board when all education, examination and experience requirements have been met.
(e) Intern applications for certification may be approved by the Executive Director or the Board's designee.
(f) All other applications for Professional professional Engineer engineer, Professional professional Engineer engineer with a Structural structural Engineer engineer Designation designation, Professional professional Land Surveyor surveyor and Certificate certificate of Authorization authorization submitted for a license or authorization shall be first considered by the Board for approval or disapproval.
245:15-3-6. Active and inactive applications [AMENDED]
(a) Incomplete applications not yet presented to the Board, will be withdrawn from consideration by the Board after one year from the date submitted to the Board and a new and complete application shall be required from an applicant seeking licensure a license.
(b) The Board shall adopt a policy regarding the number of attempts an examinee may be granted for any Board-approved examination, as well as requirements for re-applying for future examination attempts. An applicant's application will be closed after a prescribed number of failures of any Board-approved examinations. For further consideration, an applicant shall file a new and complete application for re-examination, to include evidence of additional education, knowledge or skill sufficient to materially improve the applicant's qualifications for re-examination which shows that the additional requirements outlined in the Board's policy for re-examination have been met. NCEES examinations will be administered per NCEES policy and the policies of the Board.
(c) If an applicant requests that his or her the applicant's application be withdrawn from consideration, the application will be inactivated upon Board approval. Board will reject the application. Any further consideration will require a new and complete application and fee.
245:15-3-7. Qualifications for original professional engineer license and engineer intern certification [AMENDED]
To be eligible for consideration for an original licensure license as a Professional Engineer or certification as an Engineer Intern, an applicant must meet all qualifications as contained within the Statutes and the Rules of the Board. An application for an Engineer Intern certification or Professional Engineer license shall be reviewed by the Board or its designee. Evidence of minimum qualifications is required by the Board in accordance with Title 59, 475.12a. and the following requirements:
(E) Applicants may apply for a waiver of the NCEES Fundamentals of Engineering examination by showing proof of a minimum of fifteen (15) years of acceptable progressive engineering experience following the date of the conferred degree qualifying the applicant for licensure. The required experience shall be verified by reference, and may not be self-verified. Experience earned prior to the conferred qualifying degree shall not be considered in the years of required experience. All elements of the application shall be evaluated by the Board when considering application for a waiver of the exam, including but not limited to reference responses, disciplinary actions and criminal history.
(1) Engineer Intern and Professional Engineer - education requirements for certification or original license:
(A) In addition to the education requirements outlined in Title 59, 475.12a, Completion completion of one of the following shall also be considered as minimum evidence that the applicant has fulfilled the education requirement for certification as an Engineer Intern or licensure a license as a Professional Engineer:
(i) a bachelor's degree in engineering from an EAC/ABET-accredited bachelor’s program, or the equivalent, which may include a bachelor's degree in engineering from a bachelor’s degree program accredited by the Canadian Engineering Accreditation Board (CEAB) or signatories of the Washington Accord, a bachelor's degree in engineering from a bachelor’s program that meets the NCEES Engineering Education Standard, or a bachelor's degree in engineering from a bachelor’s program that, upon evaluation, does not meet the NCEES Engineering Education Standard, but deficiencies outlined in the degree evaluation have been reviewed and waived or corrected with further education approved by the Board or its designee,
(ii) a bachelor's degree in a Board approved related science degree program which meets the Board's statutory definition of a related science degree,
(iii) (ii) a master's degree in engineering from an institution that offers EAC/ABET or ETAC/ABET- accredited programs in the same or similar discipline of engineering,
(iv) a master's degree in engineering from an EAC/M-ABET-accredited program, or
(v) an earned doctoral degree in engineering acceptable to the Board.
(B) The Board may accept a bachelor's degree in an engineering or engineering technology program if the program is EAC/ETAC ABET accredited within 3 years of the date of the conferred degree. All other degree programs which are not EAC/ETAC ABET accredited at the time of conferment of the degree, but are currently EAC/ETAC ABET accredited, will be considered by board policy.
(2) Professional Engineer- experience (original license):
(A) Experience credit may be claimed to the date of the application. Part-time experience shall be pro-rated after a review by the Board or its designee. Experience record is to be continuous from beginning to the date of the application. Experience time shall not exceed elapsed calendar time. Only experience obtained directly within the professional field will be considered as qualifying experience by the Board and must be verified by reference. Experience should be gained under the supervision of a licensed professional engineer or, if not, an explanation shall be made showing why the experience should be considered acceptable. Experience gained under the technical supervision of an unlicensed individual may be considered if the appropriate credentials of the unlicensed supervisor are submitted and approved by the Board or its designee. In evaluating experience that indicates to the Board that the applicant may be competent to practice engineering, the following will be considered:
(i) Experience must be progressive on engineering projects and must demonstrate an increasing quality and responsibility.
(ii) Experience must not be obtained in violation of the licensure act.
(iii) Experience gained in the armed services must be of a character equivalent to that which would have been gained in the civilian sector doing similar work.
(iv) Sales experience must demonstrate that engineering principles were required and used in gaining the experience.
(v) Teaching experience must be in engineering or engineering-related courses at a junior-, senior-, or graduate-level in a college or university offering an engineering program of 4 years or more that is approved by the Board.
(vi) Experience may be gained in engineering research and design projects by members of an engineering faculty, where the program is approved by the Board, or by industry or government employees.
(vii) Experience in construction must demonstrate the application of engineering principles.
(viii) Experience should include demonstration of knowledge of engineering mathematics, physical and applied science, properties of materials, and the fundamental principles of engineering design.
(ix) Experience must include demonstration of the application of engineering principles in the practical solution of engineering problems.
(x) The board may deem professional experience acquired by applicants outside the United States to be equivalent to the minimum Board requirements established by regulations for professional experience in that jurisdiction.
(B) Partial experience credit may be given for experience earned prior to receipt of a baccalaureate degree, at the discretion of the Board, if the employment is at least half-time and the work is performed under the supervision of a professional engineer. At the time the experience was gained, the applicant must have passed upper level engineering or related engineering science courses and applied relevant engineering knowledge in the claimed experience. In no case shall the experience credit exceed one half of that required for approved qualifying experience.
(C) A graduate degree that is used to satisfy education requirements cannot be applied for experience credit toward earning a license. licensure. To be eligible for experience credit, graduate degrees shall be relevant to the applicant's area of professional practice. Experience credit for a graduate degree cannot be earned concurrently with work experience credit. Concurrent time spent in engineering work while attending school will be credited either as education experience or work experience but not both.
(D) Applicants shall submit a minimum of five (5) acceptable references, three (3) of whom shall be Professional Engineers having personal knowledge of the applicant's engineering experience, none of whom may be current members of the Board or immediate family members. References must verify the periods of qualifying experience since the beginning of the history, leaving no gaps in dates. The Board shall not give credit for engineering experience that has not been verified by one or more references.
(FE) An applicant with a Board-approved doctoral degree in engineering shall be required to obtain two (2) years of experience credit after the doctoral degree is conferred, whether or not an M.S. degree was also conferred, to qualify for licensure. a license.
(GF) An applicant with an education path described in OAC 245:15-3-7(1)(A)(i) or (1)(A)(ii), who further obtains a master's degree in engineering from an institution that offers EAC/ABET-accredited programs or CEAB-accredited programs, shall be required to obtain three (3) years of experience following the master's degree to qualify for a license licensure. Under the same conditions, if a Board-approved doctoral degree is conferred, the applicant shall be required to obtain two (2) years of experience following the Ph.D. in engineering.
(HG) An applicant with a bachelor's degree in engineering from a program that is a signatory of the Washington Accord shall obtain experience per Board policy and may be required to obtain a degree evaluation from a Board-approved evaluation service to qualify for a license. licensure.
(IH) Non-U.S., non-EAC/ABET-accredited degrees, non-CEAB-accredited degrees which are not approved by the Board may be considered only following a degree evaluation obtained through a degree evaluation service approved by the Board. If the degree evaluation states that the degree is equivalent to the NCEES Education Standard, then four (4) years of experience will be required following the conferred degree. If the degree does not meet the NCEES Education Standard and deficiencies outlined in the degree evaluation are corrected by further education as approved by the Board, then four (4) years of experience will be required following the conferred degree to qualify for a license. licensure. If the applicant described in this paragraph obtains a master's degree in engineering from an institution that offers EAC/ABET-accredited programs or CEAB-accredited programs, they may be required to obtain three (3) years of experience credit following the master's degree to qualify for a license. licensure. Under the same conditions, if a Board-approved doctoral degree is conferred, the applicant shall be required to obtain two (2) years of experience following the Ph.D. in engineering to qualify for a license. licensure.
(JI) Non-U.S., non-EAC/ABET-accredited degrees or non-CEAB-accredited degrees which are not approved by the Board which upon evaluation are not deemed equivalent to the NCEES Education Standard shall be considered at a maximum equivalent to a related science degree.
(KJ) No examination shall be administered following July 1, 2020, for applicants who qualified prior to July 1, 2016 with a non-accredited Non-accredited technology degree degrees or non-related science degree degrees for licensure as a Professional Engineer may not be considered qualifying degrees for a license, and may require additional qualifying education to meet the education requirements.
(3) Professional Engineer - examination requirements (original license): When the education requirements of the Statutes and of this Chapter are met, the applicant shall apply to NCEES to take and pass the Fundamentals of Engineering Examination and the Principals and Practice of Engineering Examination. Once these examinations are successfully completed and requisite qualifying experience is complete, the applicant shall apply to the Board for approval and may be, required to pass an examination covering the laws, rules, procedures and practices pertaining to engineering in the state of Oklahoma, prior to being licensed as a Professional Engineer.
(A) Applicants whose qualifying degree is a bachelor’s or master’s degree may apply for a waiver of the NCEES Fundamentals of Engineering Examination (the FE exam) by showing proof of a minimum of fifteen (15) years of acceptable progressive engineering experience following the date of the conferred degree qualifying the applicant for licensing. The required experience shall be verified by reference and shall not be self-verified. Experience earned prior to the conferred qualifying degree shall not be considered in the years of required experience. All elements of the application shall be evaluated by the Board when considering application for a waiver of the FE exam, including but not limited to, reference responses, disciplinary actions, and criminal history, or
(B) Applicants who are primarily employed as an engineering educator instructing upper division engineering courses, who hold a doctoral degree in engineering or another related field of science or mathematics, assessed and approved by the Board, from a college or university that offers an undergraduate or master’s degree program in a related branch of engineering that is accredited by the EAC/ABET or ETAC/ABET, may apply to waive the FE exam by meeting all other requirements stated in the Act and Board rules.
245:15-3-8. Qualifications for original land surveying license [AMENDED]
To be eligible for consideration for an original license licensure as a Professional Land Surveyor or certification as a Land Surveyor Intern, an applicant must meet all qualifications as contained within the Statutes and the Rules of the Board. Applications for Land Surveyor Intern certification or a Professional Land Surveyor license licensure shall be individually reviewed by the Board or its designee. Evidence of minimum qualifications is required by the Board in accordance with Title 59, 475.12b and the following requirements:
(1) Professional Land Surveyor - experience (original license):
(A) Experience record may be claimed to the date of the application. Part-time experience shall be pro-rated after a review by the Board or its designee. Experience record is to be continuous from the beginning to the date of the application. Experience time shall not exceed elapsed calendar time. Only experience obtained directly within the land surveying area will be considered as qualifying experience. Experience shall be gained under the supervision of a licensed professional surveyor; or if not, an explanation shall be made showing why the experience should be considered acceptable. Qualifying experience may not be claimed prior to the date of the conferment of the applicant’s high school diploma or the eighteenth (18th) birthday of the applicant, whichever comes first. Experience gained under the technical supervision of an unlicensed individual may be considered if the appropriate credentials of the unlicensed supervisor are submitted and approved by the Board or its designee. In evaluating experience which indicates to the Board that the applicant may be competent to practice surveying, the following will be considered:
(i) Experience must be progressive on surveying projects and must demonstrate an increasing quality and greater responsibility.
(ii) Experience must be obtained in compliance with the Statutes and Rules of the Board.
(iii) Experience gained in the armed services must be of a character equivalent to that which would have been gained in the civilian sector doing similar work.
(iv) Teaching experience must be in surveying or surveying-related courses at an advanced level in a surveying program that is approved by the Board.
(v) Experience related to property conveyance and/or boundary line determination must be demonstrated.
(vi) Experience in the technical field aspects of the profession must be demonstrated.
(vii) Experience must include demonstration of the application of surveying principles in the practical execution of surveying tasks.
(viii) Experience may be gained in surveying research projects by members of a surveying faculty where the program is approved by the Board.
(ix) The Board may deem professional experience acquired by applicants outside the United States to be equivalent to the minimum Board requirements established by statutes or rules for professional experience.
(B) Professional land surveyor applicants shall submit a minimum of five (5) acceptable references, at least three (3) of whom shall be Professional Land Surveyors having personal knowledge of the applicant's land surveying experience and none of whom may be current members of the Board. References must verify the periods of qualifying experience since from the beginning of the history, leaving no gaps in dates. The Board cannot shall not give credit for surveying experience that has not been verified by one or more acceptable references.
(C) Pursuant to O.S. Title 59, 475.12b(A)(4), all qualifying courses must be successfully completed at an accredited institution of higher education and, other than the Board-approved core curriculum, must be equivalent to general education requirements typically contained in an approved two (2) or four (4) year surveying degree program. Regarding the corresponding experience requirements for this section of the Act as listed in (i) - (iv) below, if an applicant has a total of six (6) or more years of progressive, qualifying experience, the two (2) years of experience required following the date of the conferment of the degree may be substituted for experience earned prior to the degree.
(i) An individual graduating from a surveying program of four (4) years or more approved by the Board requires four (4) years of total experience including two (2) years which shall follow the date of the conferment of the degree; or
(ii) An individual graduating from a surveying program of two (2) years or more approved by the Board requires five (5) years of total experience including two (2) years which shall follow the date of the conferment of the degree; or
(iii) An individual graduating from a program of two (2) years or more approved by the Board which shall include the core curriculum requires five (5) years of total experience including two (2) years of which shall follow the date of the conferment of the degree.
(iv) An individual graduating from a program of four (4) years or more approved by the Board which shall include the core curriculum requires five (5) years of total experience including two (2) years of which shall follow the date of the conferment of the degree.
(2) Professional Land Surveyor - examination requirements (original license):
(A) When the education requirements of the Statutes and of this Chapter are met, the applicant shall apply to NCEES and take and pass the Fundamentals of Surveying examination and the Principals and Practice of Surveying examination.
(B) Once these examinations are successfully completed and requisite qualifying experience is complete, the applicant shall apply to the Board for approval and may be required to pass other Oklahoma state specific examination(s) or approved NCEES modules as required, prior to being licensed as a Professional Land Surveyor.
(3) Professional Surveyor – board-approved education (original license): Beginning July 1, 2032, all “board-approved” surveying education programs shall mean ETAC/ABET or ANSAC/ABET accredited programs, or their equivalent, to meet the board-approved definition.
245:15-3-9. License by comity or endorsement for professional engineers or professional land surveyors [AMENDED]
(a) An applicant shall submit an application through the online portal, which may or may not include an NCEES Record. A a minimum of five (5) references must be provided, three (3) of whom shall be Professional Engineers or Professional Land Surveyors, respectively, having personal knowledge of the applicant's required qualifying engineering experience as defined in O.S. Title 59, 475.12a(C)(3)(D)(4) or surveying experience, as defined in O.S. Title 59, 475.12b(C)(D).
(b) References may not be current members of the Board or immediate relatives.
(c) An applicant with less than the standards outlined in O.S. Title 59, 475.12a for engineering and 475.12b for surveying may be required to obtain additional education, experience and examination requirements as the Board may determine to establish the applicant's qualifications. However, applicants who have been continually lawfully licensed to practice professional engineering or professional land surveying in a state or jurisdiction for at least twenty (20) years shall be approved for a comity license licensure upon verification that the applicant obtains a qualifying background check, and provides references verifying the competent and lawful practice of professional engineering or professional land surveying, and has passed passes all examination(s) required by the Board's statutes and rules to determine competence at the professional level in laws and rules specific to Oklahoma and professional ethics.
(d) The Board may accept an application from an applicant for a professional engineer license based on a current professional license through a Mutual Recognition Agreement provided the applicant is registered through the International Registry for Professional Engineer as developed and published by the International Engineering Alliance, and may be licensed by:
(1) Applying through the Board’s online application system,
(2) Submitting the required fee,
(3) Submitting an NCEES Record, and
(4) Passing the Oklahoma Law and Engineering examination in accordance with Board rules.
(d e) Upon satisfactorily complying with minimum requirements of this section and requirements as described in the Statutes and Rules of the Board, the applicant shall be licensed in the State of Oklahoma.
245:15-3-10. Temporary License [AMENDED]
(a) The Executive Director or the Board's designee shall be authorized to issue a Temporary License to a Professional Engineer, subject to the approval of the Board, under Title 59, 475.22(2) and the following conditions:
(1) An applicant who is granted a Temporary License, but fails to submit their complete permanent professional engineer application within the 30 day timeframe prescribed period of time, may be considered to be in violation of the Statutes and Rules of this Board. An application shall be considered complete when all required properly completed forms and fees have been received in the Board's office.
(2) Information relative to a license in the other state or jurisdiction shall be verified before issuance of a Temporary License.
(3) The Temporary License fee as prescribed by law shall be remitted with the application and is non-refundable, unless otherwise waived by Statute or Rules of the Board.
(4) A Temporary License shall be issued for a definite period of time not to exceed 120 days, for a specifically described single work project as set out in the application form and may not be renewed or extended.
(5) A Temporary License shall expire the earliest of the issuance of the permanent professional engineer license by this Board or the rejection of the application for a licenselicensure, but not later than 120 60 days after issuance.
(6) The holder of a Temporary License shall seal plans, specifications, or other documents only in accordance with the Statutes and Rules of this Board. The seal used shall be the holder's license seal of the state on which issuance of the Temporary License as based and immediately under the seal the following shall be inserted:
(A) Oklahoma Temporary License number ___________
(B) Date of issue _______________________________
(C) Date of expiration ___________________________
(D) Signature of holder __________________________
(7) No person may be issued more than one (1) temporary license in his or her lifetime.
(8) A Temporary License application shall include a statement describing the circumstances which require the issuance of a Temporary License for the project. The applicant shall submit either a contract, work order, or correspondence containing the date the proposal was submitted, the scope of the project, the current status of the project and the expected date of completion of the project.
(b) The Executive Director or Board's designee shall be authorized to issue a Temporary License to active-duty military personnel who are licensed as a Professional Engineer and/or Professional Land Surveyor in another state or jurisdiction, upon receiving their notice or orders for military transfer or honorable discharge to Oklahoma, subject to the approval of the Board, pursuant to the provisions of Title 59, Section 4100. Qualifying applicants shall be awarded the opportunity to take any required state specific examination(s) in an expedited manner with fee waivers as described in Board Rules 245:2-1-18(e). All other Temporary License provisions above shall apply to this section as well.
(c) The Executive Director or Board's designee shall be authorized to issue a Temporary License to the spouse of an active-duty military personnel, pursuant to the provisions of Title 59, Section 4100, upon the applicant showing reasonable evidence that:
(1) He or she is the spouse of a member of the Armed Services on active duty within the State of Oklahoma; or
(2) He or she is the spouse of a member of the Armed Services who was a permanent resident in the State of Oklahoma for at least six (6) months prior to assignment to active duty; or
(3) He or she is the spouse of a member of the Armed Services who is subject to a military transfer to Oklahoma; and
(4) He or she is licensed as a Professional Engineer or Professional Land Surveyor in another state or jurisdiction; and
(5) He or she left employment as a Professional Engineer or Professional Land Surveyor in another state to accompany his or her spouse to the State of Oklahoma.
(d) Qualifying applicants shall be awarded the opportunity to take any required state specific examination(s) in an expedited manner with fee waivers as described in Board Rules 245:2-1-18(e). All other Temporary License provisions above shall apply to this section as well.
SUBCHAPTER 5. EXAMINATIONS
245:15-5-3. Examination specifications [AMENDED]
(a) NCEES Examinations offered by the Board will be in accordance with NCEES specifications, developed by NCEES examinations committees.
(b) Land surveyor Professional Surveyor applicants may be examined on their knowledge of Oklahoma laws and surveying by examination(s) approved by Board policy.
245:15-5-4. Classification of qualifying examinationsexaminations and subversion provisions [AMENDED]
(a) Applicants may take one or more of the examinations listed in this subsection.
(6)(7) Oklahoma Law and Surveying (OLS) examination-The examination is required and administered by Board Policy, and is a separate module on Oklahoma law and surveying procedures for the practice of surveying.
(7)(8) Oklahoma Law and Engineering/Surveying (OLE/S) examination-The examination consists of Oklahoma law and is required and administered by Board Policy.
(1) NCEES Fundamentals of Engineering (FE) examination-The examination consists of subject matters in the fundamentals of engineering. Passing this examination qualifies the examinee for certification as an Engineer Intern, provided the examinee has met all other requirements for certification required by Statute and these Rules.
(2) NCEES Principles and Practice of Engineering (PE) examination-The examination consists of subject matters in applied engineering. Passing this examination qualifies the examinee for licensure as a Professional Engineer, provided the examinee has met the other requirements for licensure required by Statute and these Rules.
(3) NCEES Structural Engineering (SE) examination-The examination shall be considered a qualifying examination for a license licensure as a Professional Engineer (P.E.) and/or Professional Structural Engineer (P.E., S.E.). A candidate must receive acceptable results on both components to pass the examination. A candidate may sit for each component in separate exam administrations but must receive acceptable results on both components within a 5-year period. Receiving acceptable results on only one component shall not be sufficient for licensure purposes. The Structural examination shall be considered and referred to as one examination.
(4) NCEES Fundamentals of Surveying (FS) examination-The examination consists of subject matters in the fundamentals of surveying. Passing this examination qualifies the examinee for certification as a Land Surveyor Intern, provided the examinee has met all other requirements for certification required by Statute and these Rules.
(5) NCEES Principles and Practice of Surveying (PS) examination-The examination consists of subject matters in applied surveying, divided in separate parts as determined by the Board. Passing these parts qualifies the examinee for licensure as a Professional Land Surveyor, provided the examinee has met the other requirements for licensure required by Statute and these Rules.
(6) NCEES module for the public land survey system.
(b) Applicants required to take the Fundamentals of Engineering or Surveying examination, the Principles and Practice of Engineering examination, including the Structural Engineering examination, or the Principles and Practice of Surveying examination, shall apply directly with NCEES to register and take the examinations.
(c) Examination subversion is the use of any means to alter the results of an examination to cause the results to inaccurately represent the competency of an examinee. Examination subversion for examination offerings includes, but is not limited to:
(1) Communication between examinees inside of the examination room or testing site.
(2) Giving or receiving any unauthorized assistance on the examination while an examination is in progress.
(3) Having any unauthorized printed or written matter or other devices in his or her possession which might serve to aid the examinee on the examination.
(4) Obtaining, using, buying, selling, distributing, having possession of, or having unauthorized access to secured examination questions or other secured examination material prior to, during or after the administration of the examination.
(5) Copying another examinee's answers or looking at another examinee's materials while an examination is in progress.
(6) Permitting anyone to copy answers to the examination.
(7) Removing any secured examination materials from the examination facility.
(8) Allowing another person to take the examination in the examinee's place.
(9) Placing any identifying mark upon his or her examination papers other than his or her identification number or other identifiers as directed by the examination administrator.
(10) Use by an examinee of any written material, audio material, video material, digital material, or any other mechanism not specifically authorized during the examination for the purpose of assisting any examinee in the examination.
(11) Writing on anything other than designated examination material.
(12) Writing or erasing anything after time is called.
(1) The examinee may be denied the privilege of taking the examination if examination subversion is detected before the administration of the examination.
(2) If the examination subversion detected has not yet compromised the integrity of the examination, such steps as are necessary to prevent further examination subversion shall be taken, and the examinee may be permitted to continue with the examination.
(3) The examinee may be requested to leave the examination facility if examination subversion is detected during the examination.
(4) The examinee may be requested to submit written advisement of his or her intent to comply with and understanding of the law.
(5) The examination results may be voided and the application fee forfeited.
(6) The examinee may not be allowed to sit for an examination for a time prescribed by the Board following investigation.
SUBCHAPTER 7. LICENSURELICENSING [AMENDED]
245:15-7-1. Certificate of LicensureLicensing Certificates [AMENDED]
(a) Licensure Licensing certificates shall be issued to individuals meeting statutory licensure licensing requirements and the current Rules of Procedure of the Board. The certificate will identify the licensee by name and license number, show the effective date, confirm the licensee's qualifications and acknowledge the licensee's right to practice engineering or land surveying, as the case may be, in the State of Oklahoma.
(b) Certificate of Licensure A license certificate will be issued by the Board for the life of the licensee, subject to powers of renewal, reinstatement, suspension, revocation, penalties, orders or refusal to renew for cause, vested in the Board by the Statutes.
(c) When a professional engineer or land surveyor in good standing desires chooses to retire his or her license, he or she may do so upon application to the Board, subject to reinstatement and continuing education requirements by the Board.
(d) Individuals holding a Certificate of Licensure License Certificate shall display or maintain it at the licensee's place of practice and be prepared to substantiate biennial license renewal.
(e) Duplicate original License Certificates of Licensure will be issued to a licensee provided:
(1) The current license renewal is effective;
(2) The licensee makes written request for a replacement of certificate;
(3) The licensee certifies that the original certificate has been lost, damaged or destroyed; and
(4) The licensee pays the prescribed fee.
(f) Duplicate License Certificates of Licensure will be issued for display at multiple places of practice upon a written request and payment of the prescribed fee. However, each duplicate certificate will be marked as such.
(g) It is the duty of the licensee to notify the Board office, in writing or online, of changes in employment or contact information within 30 days of the change. Failure to properly notify the Board of these changes may be cause for an administrative action.
245:15-7-2. Suspension, revocation, or refusal to renew Certificate of Licensurea License [AMENDED]
(a) Upon notification of the Board, Certificates of Licensure Licenses which have been suspended, revoked or refused by the Board to renew for cause, shall be surrendered immediately in the manner prescribed by that notice.
(b) Cause shall be defined as any violation of 59 O.S., 475.1 et seq, as amended and the current Rules of Procedure of the Board. Cause shall also be defined as any state suspending, revoking or refusing to renew the Certificate of Licensure License of the individual licensee.
245:15-7-3. Biennial licensurelicense renewal required [AMENDED]
(a) The Statute requires all Professional Engineers and Professional Land Surveyors desiring to who are practice licensed in Oklahoma to biennially renew his or her license with the Board and pay a biennial licensure license renewal fee as prescribed by this Chapter. Notices will be sent to all licensees at the last known physical or e-mail address of record; however, it is the responsibility of each individual licensee to insure ensure the renewal fees and any other required documentation are received by the Board office not later than the renewal date or the renewal process is submitted and completed online. The license expires on the last day of the month in which it is due, and becomes invalid on that date unless the renewal fee is paid and other requirements are met. Upon receipt by the Board of the individual's, and if applicable, firm's or entity's properly completed renewal forms, fees and any required forms, the license will be valid. No Certificate of Licensure or Certificate of Authorization will be valid for longer than a two (2) year period, unless otherwise required by law.
(b) Failure to biennially renew and remit renewal fees and penalties where applicable, as prescribed by the Statute and the current Rules of Procedure of the Board will result in the inactivation of the licensee's Certificate of Licensure License or the Certificate of Authorization, unless otherwise required by law.
(c) Notices of inactivation will be sent to the last known address of licensees and firms failing to biennially renew and remit renewal fees.
245:15-7-4. Waived renewal fees for professional engineers and professional land surveyors over the age of 70Retired professional engineers and professional surveyors status [AMENDED]
245:15-7-5. Reinstatement of revoked, inactivated, or retired licenses [AMENDED]
(a) Licenses inactivated for nonpayment of fees, failing to complete other administrative requirements for renewal, or licenses that were voluntarily retired by the licensee, may be reinstated by making written application for reinstatement within one hundred eighty days after expiration and payment of the prescribed renewal fee and penalty. After one hundred eighty (180) days of license inactivity, a new application and fees will be required, which shall be considered specifically by the Board, both from the standpoint of competency and all other statutory and rule requirements. If reinstatement is within one hundred eighty (180) days following the date of inactivity, then licensure will be deemed to have been continuous. Licensees who are unable to certify completion of required professional development hours will be held to the requirements of this section. Effective January 1, 2027, reinstatement applications shall be accepted up to two (2) years after expiration. Offering or practicing engineering or surveying with an inactive, revoked or retired license during this reinstatement period is a violation of Title 59, Section 475.1 et seq. and the Rules of this Board.
(b) If a license revoked inactivated for non-payment or a retired license remains canceled or suspended for a period exceeding three (3) consecutive years, such former licensee may be required by the Board to take and pass a current examination as prescribed by the Board to qualify for relicensing. If a licensee remains retired for a period exceeding two (2) consecutive year, such former licensee may be required by the Board to take and pass a current examination as prescribed by the Board to qualify for relicensing.
(c) Licenses suspended, inactivated, or revoked for cause, may be reinstated only by Board action and only then in the manner determined by such Board action. Request for reinstatement of a license shall show the Board that the public interest will not suffer by reason of the reinstatement. The Board, by Statute, has the discretion as to whether or not to reinstate the License Certificate of Licensure or Certificate of Authorization.
SUBCHAPTER 9. RULES OF PROFESSIONAL CONDUCT
245:15-9-1. Purpose; scope; applicability [AMENDED]
To safeguard life, health, safety, and property, to promote the public welfare, and to establish and to maintain integrity and high standards of skill and practice in the engineering and surveying professions, the Rules of Professional Conduct in this subchapter shall be binding upon every licensee and on all firms authorized to offer or perform engineering or land surveying services in Oklahoma.
245:15-9-3. Responsibility to the publicProfessional Conduct of Licensees [AMENDED]
(a) Responsibility of licensees to the public, clients and other licensees:
(a) (1) Licensees shall at all times recognize that their first and foremost primary responsibility is to safeguard the health, property, safety, and public welfare when performing services for clients and employers.
(b) (2) Licensees shall sign, date, and seal only those plans, design documents and surveys, and other documents which that conform to accepted engineering or land surveying standards and that safeguard the life, health, property and welfare of the public.
(3) Licensees shall notify their employer or client and such other authority as may be appropriate when their professional judgment is overruled under circumstances where the life, health, property, or welfare of the public is endangered.
(c) Licensees shall not reveal facts, data or information obtained in a professional capacity without the prior consent of the client, employer, or public body on which they serve except as authorized or required by law or rules.
(d)(4) Licensees shall not partner, practice, or offer to practice, or permit the use of their name or firm name nor associate in business ventures with any person or firm which they know, or have reason to believe, is engaging in fraudulent or dishonest business or professional practices.
(e)(5) Licensees should make a reasonable effort to inform another licensee whose work is believed to contain a material discrepancy, error, or omission that may impact the health, safety, property or welfare of the public, unless such reporting is legally prohibited. The licensee shall report this matter to the Board for investigation if it is not resolved.
(f)(6) Licensees who have knowledge or reason to believe that any person or firm has violated any of these "Rules of Professional Conduct" or any other provision of the Act, Title 59 O.S., Sec. 475.1 et seq, Title 65 O.S. Sec 3.116 et seq, or the rules of this Board, should report it to the Board, may report it to appropriate legal authorities, and shall cooperate with the Board and those authorities as may be requested.
(g) Licensees shall notify their employer or client and such other authority as may be appropriate when their professional judgment is overruled under circumstances where the life, health, property, or welfare of the public is endangered.
(7) Licensees shall, to the best of their knowledge, include all relevant and pertinent information in an objective and truthful manner within all professional documents, statements and testimony.
(8) Licensees shall express a professional opinion publicly only when that opinion is founded upon an adequate knowledge of the facts and a competent evaluation of the subject matter.
(9) Licensees shall issue no statements, criticisms or arguments on engineering and surveying matters which are inspired or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking, and reveal any interest they have in the matters.
(10) Licensees shall not knowingly provide false or incomplete information regarding an applicant in obtaining licensure.
(11) Licensees shall comply with the licensing laws and rules governing their professional practice in each of the jurisdictions in which they practice.
(12) Licensees shall not reveal facts, data or information obtained in a professional capacity without the prior consent of the client, employer, or public body on which the licensee serves except as authorized or required by law or rules.
(13) Licensees shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients.
(14) Licensees shall disclose to their employers or clients all known or potential conflicts of interest or other circumstances that could influence or appear to influence their judgment or the quality of their professional service or engagement.
(15) Licensees shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.
(16) Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member. Conversely, licensees serving as members, advisors, or employees of a government body or department, who are the principals or employees of a private concern, shall not participate in decisions with respect to professional services offered or provided by said concern to the governmental body which they serve.
(17) Licensees shall not use confidential information received in the course of their assignments as a means of making personal profit without the consent of the party from whom the information was obtained.
(18) Political contributions made in excess of legal limits shall be considered a violation of these Rules of Professional Conduct.
(19) Licensees shall not falsify or permit misrepresentation of their, or their associates', academic or professional qualifications. Licensees shall not misrepresent or exaggerate their degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incidental to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments.
(20) Licensees shall not offer, give, solicit or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.
(21) Licensees shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other licensees, nor indiscriminately criticize other licensees' work.
(22) Licensees shall make a reasonable effort to inform another licensee whose work is believed to contain a material discrepancy, error, or omission that may impact the health, safety, or welfare of the public, unless such reporting is legally prohibited.
(b) Areas of practice:
(1) Licensees shall practice only in the area(s) of their competence and shall undertake assignments only when qualified by education, examination, or experience in the specific technical fields of engineering or surveying involved. For professional engineers, the records of the Board shall indicate a discipline(s) of engineering designated by the license holder and considered by the Board to be their area(s) of competence. All requests relating to listings for area(s) of competency require the review of the Board or its designee and shall include the following:
(A) Original application for licensure. Upon application for licensure, an applicant shall designate a discipline(s) of engineering by providing:
(i) a transcript showing a Board-approved degree(s) in the discipline(s) of engineering; or
(ii) a supplementary experience record documenting at least four years of acceptable experience obtained under the supervision of a professional engineer qualified in the discipline(s) of engineering and verified by at least one professional engineer reference provider that has personal detailed knowledge of the applicant's qualifying engineering experience, which may include the Board requesting additional materials related to experience; or
(iii) verification of successful passage of the principles and practice of engineering examination in the designated discipline(s) of engineering.
(B) Comity application for licensure or current license holder. A comity applicant or current license holder may request that the Board change the primary area of competence or indicate additional areas of competence by providing one or more of the following items:
(i) a transcript showing an additional Board-approved degree in the new discipline of engineering other than the degree used for initial licensure; or
(ii) a supplemental experience record documenting at least 4 years of acceptable experience obtained under the supervision of a professional engineer in the new discipline(s) of engineering verified by at least one professional engineer reference provider that has personal knowledge of the license holder's qualifying engineering experience; or
(iii) verification of successful passage of the principles and practice of engineering examination in the new discipline of engineering.
(2) Licensees may accept assignments and assume responsibility for coordination of an entire project, if each technical segment is signed, dated, and sealed by a licensee competent to practice in the discipline(s) of engineering and in direct control and personal supervision of that technical segment.
(3) In the event a question arises as to the competence of a licensee in a specific technical field which cannot be otherwise resolved to the Board's satisfaction, the Board, either upon request of the licensee or on its own volition, shall admit the licensee to an appropriate examination.
(c) Responsible charge:
(1) Licensees shall not affix their signature or seal to any engineering or surveying plan or document for which the licensee was not in responsible charge of the work through direct control and personal supervision, as defined in O.S. Title 59, 475.2(12). In addition, the professional engineer and professional surveyor in responsible charge of making professional decisions must be in close personal or remote contact with the personnel of the firm to ensure the licensee is in direct control and personal supervision of the work. In order to exercise responsible charge of the work, either (a) when delegating tasks to others, (b) in circumstances where a licensee in responsible charge of the work is unavailable to complete the work, or (c) the work is a design plan signed and sealed by an out-of-jurisdiction licensee (not a site adaptation of a standard design plan), the licensee must possess full professional knowledge of and control over the work and shall:
(A) Have and exercise the authority to directly control engineering or surveying decisions, review and change, reject or approve both the work in progress and the final work product, through examination, evaluation, communication and direction throughout the development of the work.
(B) Be personally knowledgeable of the scope of the work, its needs, parameters, limitations and special requirements, and have contact with individual(s) performing the work and know their performance capabilities and methods.
(C) Be capable of answering questions relevant to the engineering or surveying decisions made as part of the services provided, in sufficient detail to demonstrate knowledge of and the competency shown in the work; and
(D) Accept full responsibility for the work. The burden for demonstrating responsible charge lies with the licensee, including maintaining records, calculations, drawings, surveys, specifications, and other documents associated with the work.
(2) The board has final authority regarding the determination of whether work was prepared under the responsible charge of a licensee. The licensee is responsible for meeting all the preceding requirements whether the work is being performed remotely or locally.
245:15-9-4. Areas of practice [REVOKED]
245:15-9-5. Public statements [REVOKED]
245:15-9-6. Conflict of interest [REVOKED]
245:15-9-7. Solicitation of work [REVOKED]
SUBCHAPTER 11. CONTINUING EDUCATION
245:15-11-1. Definitions [AMENDED]
The following words or terms, when used in this subchapter shall have the following meaning, unless the context clearly indicates otherwise:
"Dual licensee" means a person licensed as a Professional Engineer and Professional Land Surveyor.
"PDH" means a professional development hour of at least 50 minutes of course/activity instruction, as defined in this subchapter.
"Professional development hour" means a contact hour (nominal) of instruction or presentation; the common denominator for other units of credit.
"College Semester / Quarter Hour" means credit for course in an EAC/ETAC-ABET approved program, or engineering or surveying college program approved by the Board.
“NCEES CPC Standard” means a licensee has obtained the equivalent of 15 PDHs per calendar year with no carryover allowed.
245:15-11-2. Continuing education committees [AMENDED]
245:15-11-3. Scope and exemptions [AMENDED]
(a) Licensees shall be required to meet the continuing educational requirements for professional development in this subchapter as a condition for licensure renewal. Continuing education obtained by a licensee should maintain, improve or expand skills and knowledge obtained prior to obtaining an initial license licensure or to develop new and relevant skills and knowledge.
(b) A licensee may be exempt from the professional development educational requirements for one of the following reasons:
(1) New licensees by way of examination or comity shall be exempt for their first pro-rated renewal period and first two-year renewal period. PDH's earned during this exempt period may not be carried forward to the first non-exempt renewal period.
(2) A licensee who is deployed on active duty as a member of the Armed Forces of the United States, shall be exempt from obtaining the professional development hours required during that year when circumstances associated with military duty prevent obtaining training and a waiver request has been submitted to the Board; when the active-duty military member performs engineering and/or land surveying services respectively as part of his or her military duties as annotated in Defense Department Form 214 (DD 214), or when performing any other act typically required for renewal of the license. A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining the PDH's required during the renewal period.
(3) A licensee experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the Board may be exempt. Supporting documentation must be furnished to the Board.
(4) A licensee who elects to choose Retired status at the time of renewal shall be exempt. In the event such person elects to return to active practice of professional engineering or professional land surveying, 30 PDH's must be earned before returning to active practice.
245:15-11-5. Requirements for Professional Engineers and LandProfessional Surveyors [AMENDED]
(a) To demonstrate that a Professional Engineer and/or Professional Land Surveyor maintains an acceptable level of competency, a licensee must obtain thirty (30) professional development hours (PDH's) within a twenty-four month (biennial) renewal period. If a licensee exceeds the requirement in any biennial renewal period, a maximum of fifteen (15) PDH's may be carried forward into the subsequent biennial renewal period.
(b) A licensee may choose either the Board's standard continuing education requirement as detailed above, or comply with the calendar year reporting method, which is equivalent to fifteen (15) PDH's per calendar year, totaling thirty (30) PDH's per renewal period, with no allowable carryover. The Board shall adopt a conversion table allowing for different renewal periods within the calendar year.
(c) A Professional Land Surveyor or a dual licensee must earn at least two (2) PDH's covering the Oklahoma Minimum Standards for the Practice of Land Surveying per biennial renewal period, with no allowable carryover for this requirement. If the licensee is reporting using the calendar year reporting method, they must be able to provide proof of completion of the required two (2) PDH's every two (2) years if audited. This requirement shall commence with the completion of the licensees first full two-year renewal period following the adoption of these administrative rules, unless exempt under one of the provisions listed in OAC 245:15-11-3(b).
(d) A licensee shall only renew or reinstate their license when they can truthfully certify that they have met the continuing education requirements of this subchapter and have proper proof of completion of the required PDH's to which they are certifying.
(e) PDH's may be earned by a licensee as follows:
(1) Successful completion of college courses.
(2) Successful completion of continuing education courses, short courses, tutorials, webinars and distance-education courses offered for independent study, or group study and through synchronous or asynchronous delivery methods such as live, correspondence, archival or the Internet;
(3) Attending qualifying seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, conferences, or educational institutions;
(4) Teaching or instructing in (1) through (3) of this subsection;
(5) Active participation in professional or technical societies serving the engineering or land surveying profession as defined in OAC 245:15-11-7(b) (2);
(6) Active participation in standards or code development technical committees, standards or code commissions, or licensing examination development committees;
(7) Developing professional licensure licensing exams, or writing standards or developing code in an official capacity;
(8) Authoring published papers, articles, or books in the licensee's area(s) of competence;
(9) Authoring peer reviewed published professional or technical paper or book in the licensee's area(s) of competence; and
(10) Award of patents to the licensee or to licensee's employer when developed by the licensee.
(f) All such PDH's earned in activities as described in (e)(1) through (e)(10) of this section must be relevant to the practice of engineering and/or land surveying as applicable and may include technical, ethical or business content. Qualifying ethical or business courses or activities must contain content areas related to (1) the awareness of ethical concerns and conflicts; (2) an enhanced familiarity with the codes of conduct; (3) an understanding of standards of practice or care; (4) project management and risk-assessment management; or (5) other similar topics aimed at maintaining, improving, or expanding the skills set and knowledge relevant to the licensee's field and methods of practice.
245:15-11-6. Criteria for continuing educational activities [AMENDED]
(a) Continuing educational activities used to earn PDH's must meet the following criteria:
(1) There is a clear purpose and objective for each activity, which will maintain, improve or expand skills and knowledge obtained prior to obtaining an initial license initial licensure or to develop new and relevant skills and knowledge.
(2) The content of each presentation is well organized and presented in a sequential manner.
(3) There is evidence of preplanning which should include the opportunity for input by the target group to be served.
(4) The presentation will be made by persons who are well qualified by education or experience.
(5) There is a provision for individual participant registration which will include information required for record keeping and reporting.
(b) The Board has final authority with respect to acceptability of courses, credit, PDH value for courses, and other methods of earning credit.
(1) Credit for college or community college approved courses will be based upon course credit established by the college.
(2) Credit for qualifying seminars and workshops meeting the criteria in 245:15-11-6(a) will be based on one PDH for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings or building code meetings will earn PDH's for the actual time of each program.
(3) Credit determination for activities referenced in 245:15-11-5(a)(6) and (a)(7) is the responsibility of the licensee (subject to review as required by the Board).
245:15-11-7. Conversion of units and determination of credits [AMENDED]
(a) The conversion of other units of credit of continuing education to PDH's is as follows:
(1) One (1) college semester hour - 15 PDH's One (1) college quarter hour - 10 PDH's
(2) One (1) hour of technical or professional development in a continuing education course, short course, tutorial, webinar, or distance-education course - 1 PDH
(3) One (1) hour of attendance at a qualifying seminar, in-house course, workshop, or professional or technical presentation made at a meeting, convention, conference or educational institution - 1 PDH
(4) For teaching or making presentations in (1) - (3) above - apply multiple of 2. Teaching credit is valid for teaching a course or seminar for the first time only. Teaching credit does not apply to full-time or part-time faculty members unless the activity is outside the scope of the licensee's customary teaching responsibilities.
(5) Active participation in professional or technical societies serving the engineering or land surveying profession - 2 PDH's
(6) Active participation serving on standards or code development technical committees, standards or code commissions, or licensing examination development committees - 4 PDH's
(7) One (1) contact hour for developing professional licensure licensing examinations, or writing standards or developing code in an official capacity - 1 PDH
(8) Each published paper, article, or book in the licensee's area of professional practice - 5 PDH's
(9) Each peer-reviewed published, professional or technical paper or book in the licensee's area(s) of competence -10 PDH's
(10) Each patent. - 10 PDH's
(b) Determination of Credit - The Board has final authority with respect to approval of courses, credit, PDH value for courses, and other methods of earning credit.
(1) Credit for college or community college approved courses will be based upon course credit established by the college.
(2) Credit for activity in subsection (a)(5), active participation in professional and technical societies (limited to 2 PDH's per organization with a maximum of 4 PDH's per biennial renewal period or 2 PDH's per calendar year), requires that a licensee serve as an officer and/or actively participate in a committee of the organization. PDH's are not earned until the end of each year of service is complete. Active participation in educational outreach activities pertaining to professional licensure licensing or the surveying/engineering professions that involve K-12 or higher education students may count as active participation in a professional and technical society.
(3) Credit for activity in subsection (a)(6), active participation in standards or code development technical committees or standards or code commissions or licensing examination development committees is limited to 4 PDH's per organization with a maximum of 8 PDH's per biennial renewal period or 2 PDH's per calendar year. PDH's are not earned until the end of each year of service is complete.
(4) With the commencement of the licensees first full biennial renewal period following the adoption of these administrative rules, credit for approved activities which focus on other jurisdictional professional engineering or professional land surveying licensure licensing laws, regulations, or minimum standards may be approved, but shall be limited to 2 PDH's per biennial renewal period or 1 PDH per calendar year.
245:15-11-9. Records - Audits [AMENDED]
(a) The responsibility of maintaining records to be used to support credits claimed is the responsibility of the licensee. Records required include, but are not limited to:
(1) A log showing the title of the activity, sponsoring organization, date of the activity, and PDH credits earned.
(2) Attendance verification records in the form of completion certificates, or other approved documentation supporting evidence of attendance shall include the name of the licensee, title of the activity, sponsoring organization, date of the activity, and PDH's earned. Documentation which does not support evidence of actual attendance will not be accepted for audit purposes.
(b) Records must be maintained for a period of five (5) three (3) years and copies may be requested by the Board for audit verification purposes.
(c) Audits will be conducted annually by the Continuing Education Committee of the Board or the Board's designee.
245:15-11-11. Disallowed credit; failure to comply [AMENDED]
(a) If a licensee is unable to certify completion of 30 PDH's per biennial renewal period, or 15 PDH's per calendar year by their expiration date, the license will not be renewed unless an exemption has been claimed and approved pursuant to OAC 245:15-11-3.
(b) If the Board, or its designee, disallows claimed PDH's completed during the designated renewal period for audit, as activities that do not meet the criteria for continuing education activities, the licensee shall have 90 days after notification to substantiate the original claim or to complete new continuing education activities to meet the minimum requirement. Further, if verification is supplied for the submitted hours, but disallowed as not acceptable verification, the licensee shall have 90 60 days after notification to substantiate the original claim with acceptable verification, or complete new continuing education activities to meet the minimum requirement. The total number of days a licensee will be allowed to complete new continuing education activities or provide additional verification of claimed hours is 90 60 days from the date of notification.
(c) Failure to comply with an audit occurs when a licensee is notified of an audit and they fail to supply a completed log form and verifications showing the required PDH's earned during the appropriate audit period, by the stated deadline, or a licensee submits false information to the Board in an attempt to renew a license. These acts are violations of Board Statutes and Rules and may lead to disciplinary action. Licensees who do not properly respond to the audit by the stated deadline, shall be in non-compliance with the audit and shall not be granted extra time to earn additional continuing education credit. If no verification of claimed PDH's is provided at the stated deadline for the audit, the licensee shall not be allowed 90 60 additional days to provide verification and they will have failed the audit, unless proof of hardship is provided in writing and approved by the Board or its designee.
(d) If a licensee is audited for their continuing education requirements for their renewal period, the licensee shall not be allowed to retire their license to avoid complying with the audit or avoid disciplinary action if they incorrectly certified at the time of renewal that they had completed their continuing education requirements.
245:15-11-12. Re-licensurelicensing [AMENDED]
A licensee may bring an inactive or retired license to active status by obtaining all delinquent PDH's and fulfilling all other administrative requirements. However, if the total number required to become current exceeds 30, then 30 shall be the maximum number required.
245:15-11-13. Dual Licensees [AMENDED]
For an individual licensed both as an engineer and surveyor, the number of PDH's required shall remain 30 per biennial renewal period or 15 per calendar year, at least 1/3 of which shall be obtained in each profession. Dual licensees must comply with the provisions of OAC 245:15-11-5(c) regarding the Oklahoma Minimum Standards for the Practice of Land Surveying.
SUBCHAPTER 13. MINIMUM STANDARDS FOR THE PRACTICE OF LAND SURVEYING [AMENDED]
245:15-13-1. Purpose; scope; applicability [AMENDED]
In order to better serve the public in regulating the practice of land surveying in Oklahoma, these minimum standards of practice are established to achieve no less than minimum standard degrees of accuracy, completeness, and quality for boundary, topographic, planimetric, and control surveys so as to assure well founded adequate and defensible real property boundary locations based on sound legal and surveying principles. When more stringent survey standards than those set forth herein are required the survey shall comply with both those standards and with the Oklahoma Minimum Standards for the Practice of Land Surveying. Where the Professional Land Surveyor elects to follow or use a more thorough method of determining accuracy, it is not the intent of these standards to interfere. Pursuant to Title 59, O.S. 475.18(A)(15) Land Surveyors professional surveyors failing to comply with or meet these minimum standards will shall be subject to disciplinary action by the Board.
245:15-13-2. Minimum Standards [AMENDED]
(a) Definitions: as used in these standards, the following terms shall have the following meanings where the context permits as provided in 59 O.S. 475.1 et seq. the Act and Chapter 245:15-1-3 of the Rules of the Board.
(b) Certification. In order for a plat, subdivision plat, map, or sketch of a survey to comply with this rule, it shall be complete and shall be certified or otherwise stated as meeting these minimum standards. When more stringent survey standards than those set forth herein are required, the survey shall comply and be certified to both those standards and the Oklahoma Minimum Standards for the Practice of Surveying
(bc) Research and investigation.
(1) Every property boundary survey shall be made in accordance with the boundary description, as provided to or as created by the professional land surveyor, as nearly as is practicable unless there are errors or ambiguities in the original description that shall be corrected.
(2) The professional land surveyor, prior to making a survey, shall acquire available necessary survey data, which may include record descriptions, deeds, maps, Certified Corner Records, government notes, subdivision plats, road records, and other available section and boundary line location data in the vicinity. Copies of descriptions of adjoining property shall be researched if necessary to set the surveyed property apart from the adjoining properties.
(3) The professional land surveyor shall analyze the data and make careful determination of the record title boundary of the property to be surveyed.
(4) From the information gathered, the professional land surveyor, or those working under his or her direct control and personal supervision, shall search thoroughly for all controlling corners and all other available field evidence of boundary location.
(5) In the event of the discovery of a material disagreement with the work of another professional surveyor, the professional surveyor should make reasonable efforts to contact the other professional surveyor in an attempt to resolve the disagreement.
(cd) Minimum technical standards for land or boundary surveys (field and office).
(1) In order for a plat, subdivision plat, map, or sketch of a survey to be acceptable in terms of this rule, it must be complete and shall be certified or otherwise stated as meeting these minimum technical standards. (2) All measurements made in the field shall be in accordance with the United States Standard, using either US Survey Feet or meters. using the Oklahoma Coordinate System of 1927, and the Oklahoma Coordinate System of 1983. The unit used to convert feet to meters shall be the United States survey foot for the Oklahoma Plane Coordinate System (OKPCS). Subsequent datums to use the international value of the international foot as referenced to the meter to be used with Low Distortion Projections (LDP). All measurements shall be referenced to the horizontal or vertical plane, with the exception of except for geodetic surveys.
(32) All survey documents produced by an individual practicing under his or her own name shall bear the name, address, and telephone number, along with the license number, seal, signature, and date of signature of the professional land surveyor. All survey documents produced by a firm shall bear the firm name, address, telephone number, email address and website, if available, and Certificate of Authorization number, along with the name, license number, seal, signature, and date of signature of the professional surveyor.
(43) All survey documents must shall bear the date of the last site visit and bear the date of any revisions thereon. If the site visit was performed on multiple dates, the drawing may specify the range of those dates.
(54) A designated north arrow, vicinity map, and a statement of scale along with a graphic, linear, of bar scale of the map shall be shown prominently upon the drawing.
(65) Any symbols and/or abbreviations representing physical objects used on the drawing will shall be clearly noted upon the drawing. The size and type of monuments found or set shall be identified.
(76) The basis of control used in the survey must shall be shown on the survey and shall be based upon one or both of the following:
(A) Projections (state plain coordinates or other) with specifics to elevation, vertical datum, horizontal datum, zone, ground to grid factor used, state plane or UTM zone including all pertinent metadata, if applicable, measured and published geodetic control values based upon an online position user service (OPUS) solution, or geodetic control stations, or other control;.
(B) A reference to all bearings shown must be clearly stated, i.e., whether to 'True North'; 'Grid North as established by state plane datum'; 'Assumed North based on the bearing of a well-established line'; a 'Deed call for a particular line'; or 'the bearing of a particular line shown upon a plat'; etc.or A ‘a specific line between two points either found or re-established set points as shown on a filed plat or in an existing deed description. If a solar observation, GNSS observation, or other means for determining True or Geodetic North is used, it shall also include the accompanying latitudinal and longitudinal value of the observation point. 'GPS North' or similar ambiguous notations without explanation are unacceptable.
(87) Referencing surveys.
(A) Surveys based on the United States Public Land Survey System shall be referenced to original or properly restored corners and shown on the plat. The appropriate Bureau of Land Management Manual of Surveying Instructions shall be used as a guide for the restoration of lost or obliterated corners and subdivision of sections into aliquot parts.
(B) Lot surveys within platted subdivisions shall be referenced to existing corner monuments within the subdivision as necessary to verify substantiate the survey.
(98) Where evidence of inconsistencies with the property are is found, such as apparent encroachments and/or evidence of possession, such as fences, overlapping descriptions, hiatuses, excess or deficiency, or conflicting boundary line or monuments; the nature and extent of the inconsistencies shall be shown and described with available supporting documentation on the drawing.
(109) All survey drawings shall show the change in direction between lines, lines and curves, and between adjacent curves, by angles, bearings or azimuths. Circular curves shall show: 1. The length of radius; 2. The arc distance; and 3. The chord distance and chord bearing. Sufficient information must shall be shown to mathematically close all lots and/or parcels.
(1110) All easements, rights-of-way and building lines drawn or referenced on recorded subdivision plats on or across the land being surveyed and the width of the rights-of-way of all section lines adjoining or within the surveyed property shall be shown upon the survey drawing. Physical evidence of roadways providing access to or through the property being surveyed shall be shown and/or noted. If location of easements or rights-of-way, other than those drawn or referenced on recorded subdivision plats is required, this information must shall be furnished to the professional land surveyor.
(1211) The professional land surveyor shall establish or confirm a monument or confirm the prior placement of monuments at each and every property corner on the boundary line or boundary lines of the parcel or tract of land being surveyed.
(A) In such cases where the placement of a required monument at its proper location is impractical, a witness or reference monument shall be placed with the data given to show its location upon the ground in relation to the boundary lines or corner.
(B) In any case the type and size of all monuments, either found or set, and the relationship of the monuments to the surveyed lines and corners will shall be shown on the drawing.
(C) Where practical, monuments shall be constructed of material capable of being detected with the conventional instruments for finding ferrous or magnetic objects.
(D) All set monuments shall have affixed thereto a durable marker or cap bearing, at a minimum, the license number of the land professional surveyor in responsible charge, or the Certificate of Authorization number of the firm performing the survey.
(E) Monuments for the exterior corners of a subdivision shall be set by the professional surveyor who certified the plat of the subdivision prior to the recordation of the subdivision plat. It is the responsibility of the professional surveyor to set the interior corners on all lot and block corners prior to the conveyance of the lot, block or any part thereof within thirty days of completion of the infrastructure improvements, but no later than one year after recordation of the subdivision plat.
(1312) Accuracy of measurements. The accuracy of the measurements for the survey shall be based upon the type of survey, and the current or expected use of the land. The accuracy of the measurements thus performed shall be substantiated by the computations of the traverse or the results of a Global Navigation Satellite System (GNSS) survey; the relative error of closure permissible shall be no greater than the following standards given below:
(A) Where there is or will be zero lot line construction on small tracts in a high density urban area, the allowable closure error is 1:10,000 or the allowable positional error is plus or minus 0.10 feet.
(B) In residential or commercial subdivisions where the length of lines does not exceed 300 feet, the area of tracts does not exceed 2 acres, and there is no plan for zero lot line construction, the allowable closure error is 1:10,000 or the allowable positional error is plus or minus 0.25 feet.
(C) In suburban or rural residential or industrial tracts where the length of lines does not exceed 1000 feet and the area of tracts is between 2 and 40 acres, the allowable closure error is 1:10,000 or the allowable positional error is plus or minus 0.50 feet.
(D) Rural tracts of 40 acres or more where the corners of the tract may be connected with traverse legs in excess of 1000 feet, the allowable closure error is 1:10,000 or the allowable positional error is plus or minus 1.0 foot.
(E) Rural tracts of 40 acres or more in rough or tree covered terrain where the corners of the tract must shall be connected with short traverse lines because of poor visibility between the corners of the tract, the allowable closure error is 1:7,500 or the allowable positional error is plus or minus 1.5 feet.
(F) Field work performed which has a closure error greater than the maximum allowed, or linear error of closure greater than the maximum positional error shown, shall be considered unacceptable and shall be corrected. Adjustment of a traverse must shall not shift the position of any point more than the maximum positional error listed above.
(1413) When special conditions exist that effectively prevent the survey from meeting these minimum standards, the special conditions and any necessary deviation from the standards shall be noted upon the drawing. It shall be a violation of this rule to use special conditions to circumvent the intent and purpose of these minimum standards.
(1514) A survey plat, sketch or map must shall be created whenever a land or boundary survey is performed. Every survey plat, sketch or map must shall contain the legal description of the land being surveyed, either on the face of the survey plat or attached to and referenced to the survey plat. If the professional land surveyor prepares a new description, then both the surveyor's description and the original description must shall be on the drawing.
(1615) Additions or deletions to survey drawings by other than the signing party or parties are prohibited without written consent of the signing party or parties.
(de) Specifications for Topographic topographic and Planimetric planimetric Mapping, mapping, Including including Ground ground, Airborne airborne, and Space space borne Surveys surveys:.
(1) Production procedures for topographic and planimetric mapping surveys shall be prepared in accordance with the Instruction Manual for Topographic and Planimetric Mapping, as adopted by the Board, and with the standards established by Part 3 of the Federal Geographic Data Committee (FGDC) Geospatial Positioning Accuracy Standard and applicable extensions and revisions. These standards are incorporated by reference including subsequent amendments and editions.
(2) Topographic and Planimetric Mapping Surveys shall contain a certificate followed by the dated signature and seal of the professional surveyor responsible for the control survey stating that the professional surveyor conducted an actual survey on the ground and is responsible for the survey. The following model certification is considered to be an example of the minimum the professional surveyor should certify to: “I, NAME OF SURVEYOR, certify that this project was completed under my direct and responsible charge from an actual survey made under my supervision; that this (insert as appropriate: ground, airborne or spaceborne) survey was performed at the_95% or greater percent level to meet Federal Geographic Data Committee Standards; that this survey was performed to meet the Specifications for Topographic and Planimetric Mapping contained in the Oklahoma Minimum Standards for the Practice of Surveying. The original data was obtained on (insert date); that the survey was completed on (insert date of completion); that contour shown as (description of obscure contour lines) may not meet the stated standard; and all coordinates are based on (list horizontal data projection) and adjusted to (list final adjustment values) and all elevations are based on (list vertical datum).
(ef) Control Surveying surveying Reporting reporting: Whenever a professional land surveyor undertakes control surveying, where the coordinates and elevations of the control points established by the survey will shall be relied upon by professionals other than the original professional surveyor for future phases of the work, the licensee professional surveyor shall prepare a control survey report and shall provide the report to the prime client and to any other person who makes a written submittal. Alternatively, if the entire report is contained on the face of the work product, no other reporting is required. The report will shall contain the following information as appropriate to for the work being performed:
(1) A listing of the final adjusted coordinates and elevations for all points within the control network along with a complete description of all monuments established or recovered, and
(2) A complete description of the horizontal and vertical datum used including to include the basis of bearings, and
(3) A complete description of the state plane or UTM zone used including all pertinent metadata, if appropriate, and
(4) Units used for coordinates and elevations, and
(5) Description of monument(s) used to constrain the control network including the reference coordinates and elevations used for aid monument(s), and
(6) If the final adjusted coordinates are based on a modified (ground datum) state plane coordinate system or a low-distortion local coordinate system (ground referenced) derived from geospatial positions, a complete description of the method(s) used to generate the modified coordinates shall be included in the report, and
(7) A brief description detailing the field methods and equipment used to conduct the control survey, and
(8) The date when the control monuments were set, the date when the control monuments were positionally observed, and the date of the final network adjustment
(9) Nothing in this section dictates the spatial accuracy that will shall be required by any specific project. It will shall be the responsibility of the individual licensee to determine the appropriate level of accuracy for each project. However, the licensee professional surveyor shall report the spatial accuracy in both the horizontal and vertical components,
(10) A certificate followed by the dated signature and seal of the professional land surveyor responsible for the control survey stating that the professional surveyor conducted an actual survey on the ground and is responsible for the survey. The following model certification is considered to be an example of the minimum that the professional surveyor should certify to: "I, ________________, certify that this horizontal/vertical control survey was completed under my direct and responsible charge from an actual survey made under my supervision and meets the Oklahoma Minimum Standards for the Practice of Land Surveying as adopted by the Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors.", and
(11) Preparation of the control portion of geographic information systems and land information systems means the authoritative and monumented ground survey of a system of marks or objects to establish horizontal or vertical positions.
(fg) Minimum Standards standards for all Legal legal Descriptions descriptions (parcels, easements, rights of way): Preparation of a new description that is different from the description furnished to the professional land surveyor should be avoided unless deemed necessary by the professional land surveyor because of errors or ambiguities in the original description. If the professional surveyor prepares a new description, then both the professional surveyor’s description and the original description shall be on the drawing. Except in the case of an original survey, if a new description is prepared, a note shall be provided stating (a) that the new description describes the same real estate as the record description or, if it does not, (b) how the new description differs from the record description.
(1) Metes and bounds descriptions prepared shall at a minimum contain the following items:
(A) A preamble containing the Quarter Section, Section, Township, Range, Principal Meridian (Indian or Cimarron) and the County county and/ or City city of the tract of land being described or a preamble containing the Lot and/or Block number, subdivision name and if available, the recording information of the plat and the City city, if applicable, and County county in which it is filed of record, and
(B) A beginning point and point of commencement (if applicable) referenced to a known point such as a section corner, quarter-section corner, sixteenth section corner, or a Lot/Block corner of a recorded subdivision a tie to each additional section line or recorded subdivision line it passes through, and all distances and directions identified in the record description of the surveyed property (and in the new description, if one was prepared), A point of beginning shall be referenced to a known monumented position such as a section corner, quarter-section corner, sixteenth section corner, or a Lot/Block corner of a recorded subdivision. A point of commencement (if applicable) shall be tied to the point of beginning by a known monumented line, such as a section line, quarter-section line, or a Lot/Block line. A tie to each additional section line or recorded subdivision line the description crosses shall be made. All distances and directions identified in the record description of the surveyed property (and in the new description, if one was prepared) shall be shown; and
(C) Distances listed to the nearest hundredth of a foot (if surveyed), and
(D) Bearings or angles listed in degrees, minutes and seconds (if surveyed), and
(E) The basis of control used in the description shall be as stated in (c)(7) of this subsection, and
(F) Curved lines with circular curves shall show: 1. Direction of the curve (right or left); 2. The radius; 3. Arc distance; and 4. Chord distance and chord bearing, and
(G) The name and license number of the professional land surveyor who prepared the description, and
(H) The date of preparation of the legal description, and
(I) Each metes and bounds description must shall return to the Point of Beginning and close mathematically.
(2) Aliquot descriptions may be used in lieu of a metes and bounds description and shall at a minimum contain the following items: Quarter Section, Section, Township, Range, Principal Meridian (Indian or Cimarron), city (if applicable) and the County county of the tract of land being described.
(3) Lot and block description may be used in lieu of a metes and bounds description and shall at a minimum contain the following items: Lot and/or Block number, subdivision name, City city (if applicable), the County county in which it is filed of record and, if available, the recording information of the plat.
(4) A written legal description of the surveyed tract of land must shall provide sufficient information to locate the property on the ground and distinctly set it apart from all adjoining properties.
(5) The preparation of legal descriptions by a person who does not monument the land so described is not the practice of land surveying.
245:15-13-4. Mortgage Inspection Report [AMENDED]
(a) A Professional Land Surveyor professional surveyor may prepare a Mortgage Inspection Report for the use of a specific client based upon their general knowledge of land boundaries and monuments in a given area. Such report shall be prominently labeled 'Mortgage Inspection Report - Not a Land or Boundary Survey' and shall not be designated as, or construed as being, a Land or Boundary Survey. Professional Land Surveyors surveyors showing measurements on a mortgage inspection report that are not true representations of the conditions that were found at the time of the inspection will shall be in violation of the Minimum Standards for the Practice of Land Surveying. The statement furnished on the certificate shall be similar to the following form:
(b) The statement furnished on the certificate shall be similar to the following form: 'This Mortgage Inspection Report was prepared for …(individual or firm)…. It is not a land or boundary survey plat, and it is not to be relied upon for the establishment of fence, building or other future improvement lines. The accompanying sketch is a true representation of the approximate boundary, primary structure(s) and outbuildings with foundations conditions that were found at the time of the inspection, and the linear and angular values shown on the sketch, if any, are based on record or deed information and have not been verified unless noted.'
(c) Any further statements shall be made only after proper research, investigation and boundary analysis is conducted per 245:15-13-2(a) through (f).
SUBCHAPTER 15. ETHICAL MARKETING OF SERVICES
245:15-15-1. Purpose; scope [AMENDED]
Engineering and land surveying are important and learned professions. Engineers and Land Surveyors must recognize that their work has a direct and vital impact on the quality of life for all. Therefore, the services provided by engineers and land surveyors require honesty, impartiality, fairness and equity, and must be dedicated to the protection of the public health, safety and welfare. In the practice of the profession, engineers and land surveyors must perform under a standard of professional behavior which requires adherence to the principles of ethical conduct on behalf of the public, clients and the professions.
245:15-15-3. Professional obligation in solicitation of professional employment [AMENDED]
(a) The Professional Engineer or Land Professional Surveyor shall not supplant, nor attempt to supplant, directly or indirectly, another Professional Engineer and/or Land Professional Surveyor in a particular engineering or land surveying project. The furnishing of informative brochures on oneself one's self or one's firm is not considered an attempt to supplant.
(b) A Professional Engineer or Land Professional Surveyor, acting individually or through a firm, shall neither request, propose, nor accept an agreement, contract or commission for professional services on a "contingency basis" unless there is a conflicting funding requirement. For the purpose of adjudging the provisions of this section, "Contingency basis" shall be interpreted only to include:
(1) The preparation of preliminary reports and/or applications for funds, where the fee involved is to be paid only after such submission or approval, or the fee is substantially below the actual cost of performing the service, or
(2) Reviewing for approval preliminary reports and/or applications for funds, where the fee involved is to be paid only after such submission or approval or the fee is substantially below the actual cost of performing the service.
(c) The Professional Engineer or Land Professional Surveyor, acting individually or through a firm, shall seek professional employment from governmental clients or any entity contracted by governmental clients to furnish engineering or land surveying services, in compliance with O.S. Title 61, Sections 60-64. The Board shall have the power to reprimand, place on probation, fine, revoke or suspend the License Certificate of Licensure or Certificate of Authorization of any licensee or firm who fails to comply with any provision of O.S. Title 61, Sections 60-64 in effect at the time the services were offered.
(d) Licensees participating in a design/build procurement as a prime contractor or as a consultant to a builder or another professional of any tier for delivery of a project to or for the use of a governmental entity shall not have violated the provisions of OAC 245:15-15-3 by the submission of a fee or price for services prior to the licensee's selection to participate in the project.
SUBCHAPTER 17. LICENSEE'S SEAL
245:15-17-1. Licensee's seal [AMENDED]
(a) Every person authorized licensed to practice engineering or land surveying by a certificate of licensure may obtain a seal with which to identify all final engineering and land surveying papers or documents, including drawings, specifications, plans, reports, land surveys, plats, land descriptions, design information, construction documents, calculations, addenda, change orders, field orders and other documents of service involving the practice of engineering or land surveying issued by the licensee for use in the State of Oklahoma whenever presented to a client or any public agency to certify that the work thereon was done by the licensee or under the direct control and personal supervision of the licensee.
(b) The seal required shall be of a type which will make an image on the surface of original documents and duplications of original documents. The use of a rubber stamp or electronic digitization which produces an accurate and legible image of the seal is permissible.
(c) The seal of the licensee shall consist of two (2) concentric circles. The inner circle shall have inscribed the licensee's name and license number, which shall correspond to the name and certificate license number shown on the Certificate of Licensure. The area between the two (2) circles shall be inscribed with the word "Oklahoma" at the bottom reading counter-clockwise and the words "Licensed Professional Engineer" or "Licensed Professional Land Surveyor" at the top reading clockwise. "Licensed Professional Surveyor" may be substituted for "Licensed Professional Land Surveyor" on the seal. The seals commercially designated as 1 7/8" seal, with an inner circle of 1 1/8" diameter and an outer circle of 1 ¾" diameter, or the 1 5/8" seal, with an inner circle of 1 1/16" diameter and an outer circle of 1 9/16" diameter, are acceptable, as shown in Appendix A of this Chapter. Reproduction of the original documents with the required seal may produce a different seal size provided the seal remains completely legible.
(d) A licensee who practices in other than their full legal name shall register the name customarily used in professional practice with the Board together with a copy of their signature for such customarily used name. The seal may be inscribed with the registered, customarily used name, and the signature affixed across or adjacent to the seal shall be the name inscribed on the seal. A seal and signature affixed in a registered, customarily used name shall have the same force and effect as the seal and signature affixed in a licensee's full legal name.
(e) Existing seals containing the words "Registered Professional Engineer", "Registered Professional Land Surveyor", and "Registered Land Surveyor", and “Professional Land Surveyor” may continue to be used.
(f) Licensed "Professional Structural Engineers" may obtain an additional seal and use the word words "Professional Structural Engineer" in lieu of "Licensed Professional Engineer" to use when sealing structural engineering projects, whether or not the work requires the seal of a Professional Structural Engineer. All other work lawfully performed by the Professional Structural Engineer in other disciplines of engineering shall be signed and sealed using the seal which states "Licensed Professional Engineer". Work defined as a "significant structure" shall be sealed with a "Professional Structural Engineer" seal, and/or signed with the designation "P.E., S.E." following the signature.
(g) An Engineer Intern or Surveyor Intern shall not have a seal.
245:15-17-2. Use of seal [AMENDED]
(a) The application of the licensee's signature and date of signature to a sealed document shall constitute certification that the work thereon was done by the licensee or under the licensee's direct control and personal supervision, as defined by statute, and that the licensee accepts full responsibility and liability for the professional work represented thereon. Authorized use of the prescribed seal is an individual act. The licensee is responsible for its security at all times. The licensee shall permit no other person, firm, or entity to use the prescribed seal. The seal shall be affixed to documents and instruments only during the time the licensee's license is current and in good standing. Whenever the seal is applied, the document must be signed by the licensee thereby certifying that he or she is competent in the subject matter, has declared the designated area(s) of competence in the record of the Board, and was in direct control and personal supervision of the work product. The seal and signature of the licensee and the date of signing shall be placed on all final engineering specifications, reports, drawings, plans, design information, and calculations or final surveys, reports, plats, drawings, plans and calculations whenever presented to a client or any public agency to certify that the work thereon was done by the licensee or under the responsible charge of the licensee, as defined by O.S. Title 59, 475.2(9) and (12) and described in OAC 245:15-9-3(c). Working drawings or preliminary documents are not required to have a seal and signature if the working drawing or preliminary document contains a statement in large bold letters to the effect “PRELIMINARY, NOT FOR CONSTRUCTION, RECORDING PURPOSES, OR IMPLEMENTATION.” Permit sets or construction drawings, which are not final, may be signed and sealed for the purpose of submitting the work to the Authority Having Jurisdiction (AHJ) for their review, comment and/or approval, but must be clearly marked in large bold letters NOT FOR CONSTRUCTION.
(b) Licensees must affix their seal, signature and date of signature to documents or drawings which reflect work for which the licensee has responsible charge, as defined, including revisions and addenda thereto. In the case when multiple licensees are involved, each sheet in a set of drawings shall contain the seal, signature and date of the licensee responsible. The seal and signature shall be placed on all copies, tracings, or other reproducible documents listed above so that the seal and signature will be reproduced when copies are made.
(c) When the document contains more than one sheet, the first or title page shall be sealed and signed by the licensee who was in responsible charge. Two or more licensees may affix their signatures and seals provided that a note under the seal designates the specific subject matter for which each is responsible. In addition, each sheet shall be sealed and signed by the licensee or licensees responsible for that sheet. When a firm performs the work, each sheet shall be sealed and signed by the licensee or licensees who were in responsible charge of that sheet. A licensee not practicing as, or through a firm shall also include contact information to include at a minimum their address and phone number.
(d) The licensee shall sign and seal only work within the licensee’s areas of competence, as designated in the records of the Board.
(e) Any revision to a document containing the seal and signature of a licensee shall be described and dated. If the revisions are not done by the original licensee, the revisions must also be signed and sealed by the licensee in responsible charge of those revisions.
(c) Regarding professional engineering, the licensee is responsible for meeting and documenting all of the following requirements to be in direct control and personal supervision of the work, whether the work is performed remotely or locally:
(1) The client requesting preparation of such plans, specifications, drawings, reports, or other documents makes the request directly to the licensee, a managing agent or authorized employee of the licensee's firm; and
(2) The licensee supervises the preparation of the plans, specifications, drawings, reports, or other documents and has input into their preparation prior to their completion and reviews the final plans, specifications, drawings, reports, or other documents prior to signing and sealing the work; and
(3) The licensee has the authority to, and does, make any necessary and appropriate changes to the final plans, specifications, drawings, reports, or other documents prior to signing and sealing the work; and
(4) A professional engineer who signs and seals work must be capable of answering questions as to the engineering decisions made during the work on the project in sufficient detail as to leave little doubt as to the professional engineer's competence for the work performed.
(d) Regarding land surveying, the licensee in responsible charge and directly controlling and personally supervising the work is responsible for meeting and documenting all of the following requirements to be in direct control and personal supervision of the work:
(1) The client requesting preparation of such plans, specifications, drawings, reports, or other documents makes the request directly to the licensee, a managing agent or authorized employee of the licensee's firm; and
(2) The licensee must work in the office where the land surveying services are offered; and
(3) The licensee must be physically present in the office where the surveying personnel are located in order to directly control and personally supervise the surveying work, including exercising professional judgment in making surveying decisions related to the amount and type of research performed, the field procedures used, and the surveying decisions related to the preparation of plats, land surveying reports, legal descriptions and other land surveying documents furnished in connection with the land surveying services provided; and
(4) The licensee has the authority to, and does, make any necessary and appropriate changes to the work prior to signing and sealing the work; and
(5) A professional land surveyor who signs and seals work must be capable of answering questions as to the surveying decisions made during the project in sufficient detail as to leave little doubt as to the professional land surveyor's involvement with the work performed.
(ef) Unlicensed persons, including professional engineers and professional land surveyors not licensed in this state, shall not perform engineering or surveying work in this state, to subsequently have it reviewed, signed, and sealed by a licensed professional engineer or professional land surveyor licensed in the state of Oklahoma. An Oklahoma licensed professional engineer must meet all provisions of (c) of this subsection and an Oklahoma licensed professional land surveyor must meet all provisions of (d) of this subsection to qualify as being in responsible charge of the work. If the Oklahoma licensed professional is a contractor or consultant to the firm or individual who contracted for the project, the licensee must include his or her firm name, if applicable, and contact information on the work.
(f) In the case of bound documents, licensees must affix their seal, signature, and date of signature to the cover sheet or index page, which identifies all documents bound together for which the licensee has responsible charge. In the absence of covers and index pages each document must have the seal, and dated signature of the licensee who has responsible charge. For bound documents involving multiple licensees, either each document in the bound set must be sealed, signed, and dated by the licensee in responsible charge for that portion of the work, or the cover sheet or index page must be sealed, signed, and dated by each licensee with a breakdown of the licensee in responsible charge of each document clearly identified.
(g) In the case when the work consists of a letter or report prepared by a single licensee, the licensee need only seal, sign, and date the first page, title page or signature page of the document.
(h) The Statute, 59 O.S., Sections 475.1 et seq. and Rules of the Board in this Chapter describe the use of the seal of the licensee. The seal, signature, and date of signature shall be placed on all final engineering and land surveying documents whenever presented to a client or any public agency to certify that the work thereon was done by the licensee or under the responsible charge of the licensee. In lieu of sealing, signing, and dating each copy of the work, the seal, signature, and date shall be placed on originals, tracings, or other reproducible documents by the licensee in such a manner that when the originals, tracings, or other reproducible documents are reproduced the seal, signature, and date will be legible.
(i) Working drawings or preliminary documents are not required to have a seal and signature if they contain a statement in large bold letters to the effect PRELIMINARY, NOT FOR CONSTRUCTION OR IMPLEMENTATION.
(j) Permit sets or construction drawings, which are not final, may be signed and sealed for the purpose of submitting the work to the Authority Having Jurisdiction (AHJ) for their review, comment and /or approval, but must be clearly marked in large bold letters NOT FOR CONSTRUCTION.
(k) An Engineer Intern or Land Surveyor Intern shall not have a seal.
(lg) Drawings, reports, or documents that require a signature may be signed using a an electronic or digital signature. The electronic or digital signature must be:
(1) Unique to the person using it;
(2) Capable of verification; and
(3) Under the sole responsibility and control of the licensee affixing it.
(A) A scanned image or other reproduction of an original signature may be used in lieu of an original signature or electronic or digital signature if accompanied by an original handwritten date.
(B) A An electronic or digital signature having an electronic authentication process attached to or logically associated with the electronic document may also be used and does not need to include the handwritten date but must be dated. In this instance, the electronic or digital signature shall be linked to a document in such a manner that the data in the document can be verified as being unaltered since the time that the digital signature was affixed.
(mh) Successor licensee - In circumstances where a licensee in responsible charge of the work is unavailable to complete the work, or the work is a site adaptation of a standard design plan, or the work is a design plan signed and sealed by an out-of-jurisdiction licensee (not a site adaptation of a standard design plan), a successor licensee may take responsible charge over, and complete the work, in accordance with the provisions of this Chapter OAC 245:15-9-3(c). The burden is on the successor licensee to demonstrate such compliance. The non-professional services, such as drafting, need not be redone by the successor licensee but must clearly and accurately reflect the successor licensee’s professional work.
(1) A licensee shall perform or have responsible charge over all professional engineering or land surveying services to include development of a complete design file including work or design criteria, calculations, code research, field notes, and any necessary and appropriate changes to the work. The burden is on the successor licensee to demonstrate such compliance.
(2) The non-professional services, such as drafting, need not be redone by the successor licensee but must clearly and accurately reflect the successor licensee's professional work.
(3) The licensee shall have direct control and personal supervision over the engineering or surveying work and the signed, dated, and sealed originals of all documents over which the licensee has taken responsible charge under this provision. A professional engineer or land surveyor who adopts, signs, and seals work previously engineered or surveyed under this provision shall perform sufficient review and calculation to ensure that all standards of practice required of licensees are met, including satisfying the relevant criteria stated in paragraph (c)(iv) and (e)(iv) above and shall take professional and legal responsibility for documents signed and sealed.
(n) Prototypical design plans- A licensee may take responsible charge over a standard, prototypical design plan, including drawings and specifications in printed or electronic form, for the purpose of adapting the plan to a specific site in this state, provided the licensee's work is completed in accordance with the provisions of this Chapter. This provision shall apply to both site adaptation of new structures and site adaptation for construction in an existing structure.
(1) In the case of an existing structure, the engineering for modifications to the existing structure and any of its systems shall be under the responsible charge of persons licensed in this state.
(2) Standard, prototypical designs that may be site adapted under this provision are drawings and specification documents prepared for the purpose of defining the Owner's requirements but not yet completed for construction on a specific site.
(3) Site adaptation shall not include, and this provision does not authorize, a licensee to take responsible charge over work designed for construction on a specific site in this state that was prepared by a person not licensed in this state.
(4) Standard prototypical design plans shall not be released publicly or submitted to a client or user unless the plans are marked with a statement substantially equivalent to 'This document is preliminary in nature and is not a final, signed and sealed document'. The statement shall not be removed until an Oklahoma licensee has taken responsible charge of the work and the work is dated and issued under the seal and signature of an Oklahoma licensee.
(5) A licensee shall perform or have responsible charge over all professional engineering services to include development of a complete design file including work or design criteria, calculations, code research, and any necessary and appropriate changes to the work. The burden is on the successor licensee to demonstrate such compliance.
(6) The non-professional services, such as drafting, need not be redone by the successor licensee but must clearly and accurately reflect the successor licensee's professional work.
(7) The licensee shall have direct control and personal supervision over the engineering work and the signed, dated, and sealed originals of all documents over which the licensee has taken responsible charge under this provision.
(o) Any revision to a document containing the seal and signature of a licensee shall be identified and dated. Revisions not done by the original licensee must be signed and sealed by the licensee in responsible charge of the revision. At no time shall a successor licensee remove the seal and signature of the original licensee in responsible charge of the work.
(pi) Record drawings prepared to reflect changes made during construction based on the record of changes made to construction drawings and changes to the construction observed by the licensee or on the licensee's behalf or reported by contractors is deemed a drafting service and shall not require a licensee's seal, signature, and date of signature.
(qj) In the case of a firm, each separate document, the first page of a bound document, and, in the case of multiple licensees, the portion of the work for which each firm is responsible, shall also show the name of the firm, the firm's Certificate of Authorization number and contact information for the firm.
(rk) Engineering or surveying technical submissions given to an architect for a project must be signed and sealed by the professional engineer or land professional surveyor in responsible charge of the work prior to the architect taking responsible charge of the work as the prime professional for the project.
(sl) Consultants hired to do work on behalf of the firm must sign, seal, and date their work and include their contact information, and Certificate of Authorization information, if applicable, on the work. Consultants may shall not be the designated managing agent for the firm to which they are consulting.
SUBCHAPTER 19. ORGANIZATIONAL PRACTICE
245:15-19-2. Criteria for issuance of Certificate of Authorization [AMENDED]
The Board may grant a Certificate of Authorization to practice through individual licensees to those firms meeting the following criteria:
(1) An application is filed and approved by the Board or its designee.
(2) A firm offering engineering and/or surveying services shall designate an professional engineer or land professional surveyor, respectively, to be the managing agent for the firm. A firm offering both engineering and land surveying services must have a licensed professional engineer and licensed professional land surveyor listed as managing agent. The designated managing agent(s) must hold a position of recognized authority within the firm. A licensee who does not hold an otherwise qualifying title within a firm, as described in Title 59, 475.21(F), shall qualify as a managing agent under the following conditions:
(A) the licensee shall be a full-time employee of the firm and not a consultant or an independent contractor;
(B) the licensee shall hold the proper professional license in good-standing with the Board; and
(C) the licensee and firm both shall certify that the licensee can fulfill the responsibilities of the managing agent, including:
(i) renewal and maintenance of the firm's certificate of authorization and notification to the Board of any change in managing agent or firm's contact information within 30 days of the change;
(ii) overall administrative supervision of the firm's licensed and subordinate personnel performing engineering or surveying work, respectively, in Oklahoma; and
(iii) the institution and adherence of policies of the firm that are in accordance with Section 475.1 et seq. of this title, Section 3.116 et seq. of Title 65, and of the Oklahoma Statutes and Rules of this Board..
(3) The firm's practice of engineering or land surveying in any main office or branch office is under the direct control and personal supervision of a duly licensed professional engineer or professional land surveyor in responsible charge. In the case of an out-of-state firm authorized to perform engineering and/or surveying services in Oklahoma, the firm may have one or more branch offices located in Oklahoma only if the firm has a professional engineer and/or professional surveyor respectively designated in responsible and in charge of the firm's professional practice in this state. The professional engineer or professional surveyor designated for this purpose shall be duly licensed as a professional engineer in Oklahoma and be a full-time resident of Oklahoma or shall be required to spend a majority of normal business hours at one or more branch offices located in Oklahoma.
(4) A Certificate of Authorization shall be issued to a firm which is in compliance with the statutory requirements and the current Rules of Procedure of the Board. The certificate will identify the firm by name and authorization number, show the effective date, and confirm the firm's right to practice engineering and/or land surveying in the State of Oklahoma.
(5) One Certificate of Authorization will be issued by the Board for each firm, which shall be subject to powers of renewal, reinstatement, suspension, revocation, penalties, orders or refusal to renew for cause, vested in the Board by the statutes.
(6) Firms holding a Certificate of Authorization shall display or maintain it at the firm's place of practice.
(7) A duplicate original Certificate of Authorization will be issued to a firm provided:
(A) The current Certificate of Authorization's renewal is effective;
(B) The firm makes written request for a replacement of certificate;
(C) The firm certifies that the original certificate has been lost, damaged or destroyed; and
(D) The firm pays the prescribed fee.
(8) Duplicate Certificates of Authorization will be issued for multiple places of practice upon a written request and payment of the prescribed fee. However, each duplicate certificate will be marked as such.
245:15-19-3. Biennial license for Certificate of Authorization [AMENDED]
(a) A firm desiring choosing to practice under the Certificate of Authorization must submit the proper fees and forms for renewal biennially. No Certificate of Authorization shall be valid for longer than a two (2) year period.
(b) Failure to biennially renew and remit renewal fees by the renewal date will result in automatic revocation of the Certificate of Authorization.
(c) One notice of revocation will be sent to the last known address of the firm failing to biennially renew and remit renewal fees.
245:15-19-4. Reinstatement of revoked Certificate of Authorization [AMENDED]
(a) Certificates of Authorization revoked for nonpayment of fees, may be reinstated within one hundred eighty (180) days of revocation after payment of the reinstatement fee and renewal fee.
(b) Certificates of Authorization revoked for longer than one hundred eighty (180) days without reinstatement must submit a new application and fee to be considered by the Board. If reinstatement is within one hundred eighty (180) days following the date of the revocation, then the Certificate of Authorization will be deemed to have been continuous. Effective January 1, 2027, reinstatement applications shall be accepted up to two (2) years after expiration. The practice of engineering or land surveying by and through a firm whose Certificate of Authorization has been revoked, including practice during any eligible reinstatement period, is a violation of Title 59, Section 475.1 et seq. the Act and the Rules of this Board.
(c) Certificates of Authorization suspended, denied, refused renewal, or revoked for cause may be reinstated only by Board action and only then in the manner determined by such Board action. Requests for reinstatement of the Certificate of Authorization revoked for cause shall be addressed to the Board at the Board office and shall show cause why such reinstatement is justified.
245:15-19-5. Compliance with laws, rules, regulations and orders [AMENDED]
(a) All firms and entities shall comply with all laws, rules, regulations and orders issued to the same extent as they apply to an individual engineer or land surveyor.
(b) The Board shall investigate complaints, hold hearings, issue orders and determine penalties against firms and entities in the same manner, procedure, and with the same rights and offenses as are authorized against an individual engineer or land surveyor, as designated in this Chapter.
(c) Upon notice of the Board, Certificates of Authorization suspended, refused renewal, or revoked for cause by Board action shall be surrendered immediately in the manner prescribed by that notice.
245:15-19-6. Notification of changes in firm practice required [AMENDED]
Firms shall notify the Board office within thirty (30) days of any or all changes which affect the Certificate of Authorization. Notification shall be on the Board's form, signed by a Professional Engineer or Land Professional Surveyor designated in responsible charge on the Certificate of Authorization or partner or director of the, firm, and accompanied by the fees prescribed in Chapter 2 of this title. Failure to properly and promptly notify the Board of changes shall be cause for penalties, revocation, refusal to renew or suspension of the Certificate of Authorization, as designated in the Rules of Procedure of the Board.
245:15-19-7. Authority to use professional titles [AMENDED]
(a) Only persons holding a current Certificates of Licensure license in Oklahoma and firms or entities holding current Certificates of Authorization issued by the Board, are authorized to employ the title "Engineer" or "Land Surveyor" and use any various construction thereof, in describing or identifying services solicited, offered, contracted or performed.
(b) No other person, entity, or firm may employ the title "Engineer" or "Land Surveyor" or any various construction thereof, to describe persons, entities or services, nor do such unlicensed individuals, firms or entities have authority to solicit, offer, contract or execute engineering or land surveying services in the State of Oklahoma.
245:15-19-9. Exceptions [AMENDED]
(a) A firm whose business does not consist, either wholly or in part, of the rendering of engineering or land surveying services to the public is allowed without obtaining a Certificate of Authorization, providing they are also in compliance with OAC 245:15-19-7.
(b) The work of a person rendering engineering or land surveying services to a firm as an employee of the firm, when the services are rendered in carrying on the general business of the firm and the general business does not consist, either wholly or in part, of the rendering of engineering or land surveying services to the public, is allowed under the provision of O.S. Title 59, Section 475.1 et seq.
(c) The use of the terms 'network engineering'or 'software engineering' by firms and 'network engineer' or 'software engineer' by individuals is allowed under provision of O.S. Title 59, Section 475.1 et seq the Act. Firms may not use the word engineer or any derivative thereof in the name of the firm and individuals and firms are prohibited from offering or performing professional engineering services without being duly licensed or authorized to do so.
SUBCHAPTER 21. CORNER PERPETUATION AND FILING ACT REQUIREMENTS
245:15-21-2. Recordation of corners [AMENDED]
(a) Each Certified Corner Record shall be prepared on the Certified Corner Record Form adopted by the Board in accordance with the Instruction Manual for Oklahoma Certified Corner Records adopted by the Board.
(b) The Professional Land Surveyor shall complete and file a Certified Corner Record for every public land survey corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated, or used as control in any survey. In addition, the center one quarter corner shall be filed if it is monumented or an existing monument is accepted. The completed Certified Corner Record shall be filed within ninety (90) days after the survey is completed, unless the public land survey corner and accessories are substantially as described in an existing, filed Certified Corner Record. The Board shall consider a survey complete when any one of the following occurs:
(1) Monuments have been established; or
(2) A plat or drawing has been submitted; or
(3) Field notes for plans or planned purposed have been submitted.
245:15-21-3. Specifications for Certified Corner Records [AMENDED]
The Board has established the following specifications for Certified Corner Records, which are also included in the Instruction Manual for Certified Corner Records adopted by the Board:
(1) Each Certified Corner Record shall be signed, sealed and dated in the manner prescribed by Title 59, O.S. Section 475.15 and OAC 245:15-17-2.
(2) Each Certified Corner Record shall be complete, accurate and contain the following information:
(A) Classification as either an existent, obliterated or lost corner, as defined by the current Manual of Surveying Instructions published by the United States Bureau of Land Management; and
(B) Corner identity; and
(C) Description of the original monument, accessories, and any subsequent restoration by the United States government; and
(D) Monument description when the corner monument is found and a listing of sufficient supporting evidence; or monument description when the monument is set, the method used if the corner is classified as lost, and a listing of sufficient evidence to support the position if the corner is obliterated; and
(E) Description of, and angular and linear measurements to, at least three (3) readily identifiable and permanent accessories; and
(F) A legible sketch showing the relative positions of the monument, the accessories, streets, any conflicting monuments and other identifying features, including a north arrow; and
(G) Oklahoma state plane coordinates (if determined); and
(H) Professional Land Surveyor's certificate.
245:15-21-4. Remonumentation of corners [AMENDED]
In every case where a Certified Corner Record of a public land survey corner is required to be filed or recorded, the Professional Land Surveyor shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that it will be as permanent a monument as is reasonably possible to provide and so that it may be located with facility in the future.
SUBCHAPTER 23. VIOLATIONS
245:15-23-1. Prima facie evidence [AMENDED]
(a) A person, firm, or entity shall be construed to practice or offer to practice engineering or land surveying, who does any of the following:
(1) practices any branch of the professions the Board regulates, or
(2) by display or verbal claim, sign, advertisement, contract, card or other printed, engraved, or written instrument or device, bearing a person's, firm's, or entity's name or in any other way represents to be an Engineer, Professional Engineer, Land Surveyor, or Professional Land Surveyor or a firm providing or having the qualifications to provide engineering or land surveying services, or
(3) through the use of some other title implies that the person, firm, or entity is an Engineer, Professional Engineer, Land Surveyor, or Professional Land Surveyor or a firm providing engineering or land surveying services, or
(4) holds himself/herself or itself out as having the qualifications to, is able to, or who does contract, offer or perform any engineering or land surveying service.
(b) The following actions shall not be violations under 59 O.S. 475.1 et seq. the Act and the Rules of the Board:
(1) Advertising in national publications or electronic media, provided there is no offering of professional services in jurisdictions where not licensed
(2) Responding to letters of inquiry regarding requests for proposals, provided there is written disclosure that the engineer/surveyor and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding the scope of project and to demonstrate interest
(3) Responding to letters of inquiry from prospective clients, provided there is written disclosure that the engineer/surveyor and firm are not licensed in this jurisdiction and the response is limited to inquiries regarding scope of project and to demonstrate interest
(4) Using the title/designation "Professional Engineer", "Engineer", "P.E.", "Professional Structural Engineer", "P.E., S.E.", "S.E.", "Professional Surveyor", "Professional Land Surveyor", "Land Surveyor", "P.S.", "L.S." or "P.L.S." or the like on letterheads, or business cards from an office in the jurisdiction where licensure the license is held.
(c) Regardless of the above, proposals may not be submitted, contracts signed, or work commenced until the engineer, surveyor and firm become licensed in Oklahoma.
(d) Any violation of such action noted by this Section shall be sufficient to justify an injunction or any other order or a conviction without evidence of a general course of conduct. The Board shall determine if other legal procedures and penalties are necessary and shall have the power to proceed with any and all legal procedures in addition to the injunction or other such orders issued.
245:15-23-2. Grounds for violations and penalties - Conduct [AMENDED]
(a) Knowledge of Rules. All persons licensed under the provisions of the act are charged with having knowledge of these Rules which are made known in writing to every licensee and applicant for licensurea license.
(b) Convictions. A licensee of this Board who has been fined, received a reprimand, voluntarily surrendered a license in order to avoid disciplinary action, had a license revoked, suspended or denied in another jurisdiction for reasons or causes which the Board finds would constitute a violation of the law governing the practice of engineering or surveying in this jurisdiction or any rule or regulation promulgated by the Board may be cause for levying a fine, reprimanding the licensee, denying, revoking, or suspending a license to practice engineering or surveying by the licensee in this jurisdiction.
(c) Non-payment of fines or penalties or violation of any order approved by the Board may result in disciplinary action against the holder of the license Certificate of Licensure or Certificate of Authorization.
245:15-23-3. Additional administrative penalties for violations [AMENDED]
Administrative penalties may be levied by the Board separately or in addition to any other penalties or remedies determined by the Board. The Board may seek criminal and civil relief, including injunctive relief, through the courts for violation of the Statutes regulating professional engineering and land surveying, Rules in this Chapter, regulations, or to enforce any order issued by the Board. The Board may seek relief or remedies through the boards and administrative entities of Oklahoma or other states.
245:15-23-4. Fraud or misrepresentation [AMENDED]
(a) Any licensee, firm, entity, or person associated with or under the responsible charge of any licensee, firm, or entity, holding a license Certificate of Licensure and/or a Certificate of Authorization who shall make an oral or written statement or communication to any person that is (1) false and a material misrepresentation, (2) made with the knowledge that the statement is false or made while ignorant of the truth, (3) made with the intent that the statement shall be relied on by the person and in a manner reasonably foreseeable; provided (4) the person to whom the statement is made is ignorant of the falsity of the statement, (5) the statement is justifiably relied upon by such person, and (6 ) such person is caused damage or injury, shall have committed a fraud.
(b) Any licensee, firm, entity, or person associated with or under the responsible charge of any licensee, firm, or entity, holding a license Certificate of Licensure and/or a Certificate of Authorization who shall make an oral or written statement in any document, report, examination, investigation, advice, representation, plans or specifications that is materially false or misleading either in its content or omission of content there from, or who in any other manner, method or conduct acts in a way so as to mislead or deceive any person, shall be guilty of misrepresentation.
245:15-23-5. Gross negligence [AMENDED]
(a) The Professional Engineer or Land Surveyor is responsible for many professional, technical, ethical and tactical judgments relating to planning, surveys, reports, studies, inspections, designs, plans and specifications, construction materials, methods, techniques and systems processes. The licensee's education, training and experience, or the education, training and experience of the licensee in responsible charge of the services of any Firm, should enable such licensee to make such determinations with confidence in a successful result.
(b) Each licensee, firm, entity, or person representing same, shall exercise prudent and deliberate consideration in decisions, made only after responsible and thorough investigation, research and, when necessary, expert advice and assistance.
(c) When the results from such decisions are not reasonably predictable, each licensee, firm, entity, or person representing same, shall so advise the client, and fully disclose the implications involved.
(d) When such decisions require procedures, techniques, materials, or systems unfamiliar to the planning, design and/or construction team involved, the licensee, firm, entity, or person representing same shall exercise additional care and attention to the process, advancing the result sought.
(e) The Board may deem acts, errors and/or omissions to be gross negligence if, in the judgement of the Board, a licensee, firm, entity, or person representing same, fails to discharge its duties, obligations and responsibilities, under 59 O.S., Sections 475.1 et seq. the Act and the Rules of the Board, so as to evidence carelessness in reckless disregard for the safety, property or lives of others, or is so great it appears to be a conscious violation of other people's property or rights to health, safety or welfare, as described in (b)-(d) in this subchapter.
245:15-23-6. Gross incompetence [AMENDED]
(a) Licensees have been licensed under the authority of the Statutes regulating professional engineering and land surveying which establishes minimum competence to provide engineering and land surveying services in the State of Oklahoma. Licensees shall continue their professional development after licensing licensure, improving and increasing their proficiency and skills, knowledge and abilities. The licensee, firm, or entity shall undertake only those professional assignments the licensee, firm, or entity is qualified to perform and lawfully authorized to undertake.
(b) The following practices, among others may be deemed gross incompetence by a licensee, firm, or entity or person representing same:
(1) A deficiency on the part of a licensee in the basic knowledge and skill necessary to the practice of engineering or land surveying such that the licensee does not demonstrate an ability to practice engineering or land surveying at the threshold level of professional competence for issuing engineering reports or undertaking projects of the kind and complexity performed, thus endangering the property, safety, health of others or welfare of the public.
(2) Failure to engage other competent licensed architects, engineers or land surveyors when the licensee has contracted to furnish services outside of the licensee's area of competence.
(3) Practicing engineering or land surveying while under the influence of alcohol, drugs or mentally impaired.
245:15-23-7. Misconduct or dishonest practice [AMENDED]
(a) The following practices, among others, by a licensee, firm, or entity or person representing same, may be deemed misconduct and a violation:
(1) Acts which evidence attempts to violate any laws or rules of this or any other state relating to a license licensure to practice engineering or land surveying.
(2) Acts which evidence a disregard or indifference toward the rules or statutes governing the practice of engineering or land surveying, and codes, ordinances and other recognized standards. These regulations include, but are not limited to, those involving facilities to be constructed, structural inspections and reports, or special inspections for buildings or roadways.
(3) Acts which evidence attempts to violate or do so violate the Statutes Regulating Professional Engineers and Land Professional Surveyors or Rules in this Chapter or assist any other person or firm to attempt or to do so.
(4) Acts which evidence attempts to conceal personal interests in conflict with responsibilities of service to the public or a client.
(5) Acts which evidence, through commission or omission, a failure or refusal to reasonably communicate with the client, so that the client shall be reasonably informed of the status of any services provided or agreed to be provided by the licensee or a firm holding a Certificate of Licensure License Certificate and/or Certificate of Authorization under the responsible charge of the licensee.
(6) Acts which evidence a detriment to a client caused by a personal interest or the firm's interest, which conflicts with the responsibility, owed to the client by a licensee, or a firm, holding a Certificate of Licensure License Certificate and/or Certificate of Authorization, under the responsible charge of the licensee.
(7) Acts which evidence a failure to engage competent licensed architects, professional engineers and/or professional land surveyors when the licensee has contracted to furnish services outside of the licensee's area(s) of competence.
(b) The following practices, among others, by a licensee, firm, or entity or person representing same, may be deemed a dishonest practice and a violation:
(1) Acts which evidence attempts through commission or omission, to mislead or defraud any person, firm, or entity.
(2) Acts which evidence attempts to bribe any person, firm, or entity, who may influence the selection of any licensee, firm, or entity. Kickbacks, donations or forgiveness offered or paid to gain improper advantage in selection will be considered bribes.
(3) Acts evidenced by exaggerated, misleading, deceptive or false statements in claims about professional qualifications.
245:15-23-9. Filing a complaint; forms and evidence; Formal Notice of Charges [AMENDED]
(a) Any person or entity, including the Board or Board staff, may file a complaint alleging violations of these Rules, the Act, Title 59 O.S. Section 475.1 et seq., and the Corner Perpetuation and Filing Act, Title 65 O.S. Sections 3.116-3.123.
(b) All complaints may be made on forms prescribed by the Board, which are available from the Board, or by other means. The complainant may submit anonymous complaints, which may be investigated by Board staff as described in policies and procedures of the Board.
(c) When a complaint is received, it shall be referred to an investigation committee designated by the Executive Director or Director of Enforcement. The investigation committee shall make a determination if probable cause exists for taking further action or for issuing a Formal Notice of Charges. Action against the individual, licensee, entity or firm holding a Certificate of Authorization may be brought in the name of the Board.
(d) In the event the investigation committee determines that a probable cause exists, the legal counsel of the Board shall be requested to prepare a Formal Notice of Charges.
(e) The Formal Notice of Charges shall be personally served or mailed to the last known address of the respondent(s) at least 30 days before the date fixed for hearing.
(f) The Formal Notice of Charges shall show the time, place, and nature of the hearing, a statement of legal authority and jurisdiction under which the hearing is to be held, a reference to the particular section of the statutes and rules involved, and a short and plain statement of the matters asserted. The Formal Notice of Charges shall indicate that at any hearing the accused individual, licensee, entity or firm holding a Certificate of Authorization shall have the right to appear in person, by counsel, or both to cross-examine witnesses in his/her or its defense and to produce evidence and witnesses of his/her or its own defense. If the accused person or firm fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.
(g) Hearings conducted in accordance with OAC 245:15-23-15 are subject to the rules of evidence specified by the Oklahoma Administrative Procedures Act.
245:15-23-18. Findings of the Board and penalties [AMENDED]
(a) The Board may find on any one or more of the charges:
(1) The charges are dismissed for insufficient evidence;
(2) The charges are dismissed without prejudice;
(3) The charges are dismissed with prejudice;
(4) The respondent is found not guilty;
(5) The respondent is found guilty.
(b) If the finding is guilty, the Board shall then determine the penalty to be imposed. The penalty resulting from a finding of guilty may be one or more of the following:
(1) Reprimand
(2) Censure
(3) Suspension
(4) Revocation
(5) Probation
(6) Administrative Fine
(c) In addition to the determination of penalties described in Title 59, O.S. 475.20(B)(2), the severity of the disciplinary action may also consider the following factors:
(1) the history of prior violations of the respondent;
(2) the severity of penalty necessary to deter future violations;
(3) the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(4) efforts or resistance to efforts to correct the violations;
(5) any other matters impacting justice and public welfare, including any economic benefit gained through the violations.
(cd) The order of the Board in each case is a public record.
245:15-23-24. Other hearings [AMENDED]
When it comes to the Board's attention that persons, firms, or entities residing in or out of the State of Oklahoma may be engaged in the practice of engineering or land surveying in Oklahoma, as defined by the Statutes regulating professional engineering and land surveying and Board's current rules, and further that such person, firm, or entity may be engaged in the unauthorized practice of these professions or may not meet the requirement thereof, the Board may institute proceedings as provided in the rules against licensee, persons, firms, or entities for the purpose of determining if any violation of the law, rules or orders has occurred and may take such action as is permitted pursuant to the provisions of 59 O.S., Sections 475.1 et seq. the Act and may, in addition, bar said licensee, person, firm, or entity concerned and their employers from a license licensure with the Board or the practice of engineering or land surveying within the State of Oklahoma.
[OAR Docket #26-492; filed 6-3-26]
TITLE 270. Oklahoma Firefighters Pension and Retirement System
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-529]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
270:1-1-2. Description of organization [AMENDED]
270:1-1-3. Methods whereby the public may obtain information or make submissions or requests [AMENDED]
AUTHORITY:
Oklahoma Firefighters Pension and Retirement Board; Okla. Stat. tit. 11, Sec. 49-100.7
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 27, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 13, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule amendments to 270:1-1-2 and 270:1-1-3 revise references to Oklahoma Statutes to provide the updated section numbers for all statutes governing the System. This amendment does not make any substantive changes to Chapter 1.
CONTACT PERSON:
Chase Rankin, Executive Director, Oklahoma Firefighters Pension and Retirement System (405) 522-4600 or chase.rankin@firepension.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 13, 2026:
270:1-1-2. Description of organization [AMENDED]
(a) The System is a body corporate and an instrumentality of the State of Oklahoma, vested with the powers and duties specified in 11 O.S. Sections 49-100.1 through 49-143.649-143.7, and other such powers and duties necessary to carry out the purposes and intent of these provisions.
(b) The State Board shall be responsible for the operation, administration and management of the System, and has such powers and authority expressly conferred upon it by, or reasonably implied from the provisions of 11 O.S. Sections 49-100.1 through 49-143.649-143.7. The State Board is composed of thirteen (13) members appointed as follows:
(1) Five (5) members shall be the Board of Trustees of the Oklahoma Firefighters Association;
(2) One member shall be the President of the Professional Firefighters of Oklahoma or his designee. The designee shall be a member of the Professional Firefighters of Oklahoma;
(3) One member shall be the President of the Oklahoma State Retired Firefighters Association or his designee. The designee shall be a member of the Oklahoma State Retired Firefighters Association;
(4) One member shall be appointed by the Speaker of the House of Representatives;
(5) One member shall be appointed by the President Pro Tempore of the Senate;
(6) Two (2) members shall be appointed by the President of the Oklahoma Municipal League;
(7) One member shall be the State Insurance Commissioner or his designee;
(8) One member shall be the Director of the Office of Management and Enterprise Services or his designee.
(c) The State Board shall appoint an Executive Director, who shall be the managing and administrative officer of the System:
(1) The Executive Director shall perform the duties and services as may, from time to time, be requested or directed by the State Board, and who shall attend all regular meetings of the State Board.
(2) The Executive Director shall be responsible to the State Board for the day-to-day operation of the System, and shall on behalf of the State Board:
(A) Be responsible for the transmittal of communications from the State Board to the existing local boards of participating municipalities;
(B) Receive payroll and employment reports from participating municipalities and maintain current employment earnings and contribution data on each covered member of each participating municipality;
(C) Coordinate the activities of all other advisors, consultants, agents or employees appointed by the State Board;
(D) Maintain all necessary records reflecting the operation and administration of the System and submit detailed reports thereof to the State Board at each regular meeting of the State Board and such other time or times as requested by the State Board;
(E) Process all claims for payment of benefits or expenses for approval by the State Board; and
(F) File on behalf of the State Board such reports or other information as shall be required by any state or federal law or regulations.
270:1-1-3. Methods whereby the public may obtain information or make submissions or requests [AMENDED]
(a) Information regarding pension matters within the purview of 11 O.S., Sections 49-100.1 through 49-143.649-143.7, which statues define the State Board's jurisdiction, may be secured by oral or written communication addressed to the State Board at its offices located at: Oklahoma Firefighters Pension and Retirement System, 6601 Broadway Extension, Suite 100, Oklahoma City, Oklahoma 73116 (405) 522-4600.
(b) The Executive Secretary of the State Board maintains in permanent form as public record and open to public inspection, records of the official proceedings of the State Board, as well as all rules, final orders or decisions of the State Board, such records being located in the State Board offices and shall be available upon request. All information, documents and copies contained in a member's file shall be given confidential treatment and shall not be made public without prior written consent of the member, or by subpoena or court order. Offices of the State Board are open daily Monday through Friday from 8:00 a.m. until 4:30 p.m.
[OAR Docket #26-529; filed 6-8-26]
TITLE 270. Oklahoma Firefighters Pension and Retirement System
CHAPTER 10. FIREFIGHTERS PENSION AND RETIREMENT PLAN
[OAR Docket #26-530]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
270:10-1-8. Standard operating procedures [AMENDED]
270:10-1-9. Purchase of transferred credited service. and military service credit [AMENDED]
AUTHORITY:
Oklahoma Firefighters Pension and Retirement Board; Okla. Stat. tit. 11, Sec. 49-100.7
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
N/A
ADOPTION:
January 16, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 27, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 13, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule amendment to 270:10-1-8(c) removes the distinction between members whose service with a participating employer of the System began before or after November 1, 2013 for the purpose of establishing the years of credited service needed for a paid vested benefit or a vested volunteer benefit. The proposed rule amendment to 270:10-1-8(f)(6) revises the classification of a paid firefighter to increase the salary required. The proposed rule amendment to 270:10-1-8(g)(3) removes the distinction between members whose service with a participating employer of the System began before or after November 1, 2013 for the purpose of determining a member’s correct amount of service time. The proposed rule amendment to 270:10-1-8(h)(5) adds language regarding the consideration of a volunteer member’s eligibility for consideration of a disability in the line of duty pension to make the volunteer member immediately eligible if the volunteer member passed the pre-employment medical evaluation. The proposed rule amendment to 170:10-1-8(j)(2) revises what constitutes gross salary to specify that buy back pay is sick or annual leave that is not at termination and is not compensatory time. The proposed rule amendment to 270:10-1-8(k) adds language allowing members to make installment payments for previously withdrawn contributions when reinstating prior service. The proposed rule amendment to 270:10-1-9(A) adds requirements for purchase of transferred credited service, stating a member must be an active paid member at the time of purchase and must have been an active paid member for a minimum of (30) months. The proposed rule amendment to 270:10-1-9(B)-(E) provides additional requirements for the purchase of military service credit and specifies limitations on how the member may pay the purchase price of transferred credited service or military service credit.
CONTACT PERSON:
Chase Rankin, Executive Director, Oklahoma Firefighters Pension and Retirement System; (405) 522-4600 or chase.rankin@firepension.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 13, 2026:
270:10-1-8. Standard operating procedures [AMENDED]
(a) Benefits.
(1) All pension benefits are paid in arrears the last working day of the month.
(2) In determining a paid member's normal retirement date, fractional round-up of months and days shall not be used even if the member has volunteer credited service.
(3) If a member serves the majority of the final month of service, the final month will count as a full month of credited service.
(4) Where longevity pay or other salary which requires contributions is paid in a lump sum to a member, only the amount that would have been paid for a member's last thirty (30) months of credited service will be used for determining final average salary.
(5) Retirement pursuant to 11 O.S. § 49-106 has at times included reemployment of a member by a participating municipality in a position which is not covered by the System. Thus, in-service distributions from the System to such a member are permitted. If a retired member is reemployed by a participating municipality in a paid position which is covered by the System, such member's monthly retirement payments shall cease during such period.
(b) Clerks and fire chiefs.
(1) The clerk and/or the fire chief of a participating municipality, fire protection district, county fire department or development authority are responsible for the administration of local retirement issues affecting all members of the System, including but not limited to enrollment of eligible members, assisting members in making application for benefits, and collection and payment of employer and member contributions.
(2) The clerk and/or the fire chief shall notify the System of any changes regarding active members such as termination, mailing addresses, and deaths. The fire chief will assist the clerk in obtaining necessary information concerning active members. Notices of termination must be provided on the System's Form 8 and shall be signed by the Fire Chief.
(c) Volunteer firefighters.
(1) A member of the System changing status from a paid member to a volunteer member is not entitled to combine the paid credited service and the subsequent volunteer credited service towards a paid or a volunteer pension. If a paid member whose first service with a participating employer of the System occurs prior to November 1, 2013, has completed ten (10) years but less than twenty (20) years of credited service, or a paid member whose first service with a participating employer of the System occurs on or after November 1, 2013, has completed eleven (11) years but less than twenty-two (22) years of credited service, such member would be eligible for a paid vested benefit upon meeting the requirements set forth in 11 O.S. Section 49-117.1. The member whose first service with a participating employer of the System occurs prior to November 1, 2013, would need to complete ten (10) or more years as a volunteer member to be eligible to receive a vested volunteer benefit and a member whose first service with a participating employer of the System occurs on or after November 1, 2013 would need to complete eleven (11) or more years as a volunteer member to be eligible to receive a vested volunteer benefit as set forth in 11 O.S. Section 49-101.
(2) Volunteer members are deemed to be employees of a fire department of a participating municipality for the purposes of the administration of the System.
(d) State Board.
(1) Applications for pension benefits will not be considered by the State Board until the applicant terminates employment with the fire department of a participating municipality on or before the date of the meeting of the State Board in which the application is considered.
(2) Applications for pension benefits, entrance into the system, refunds of contributions, etc. will be placed on the State Board agenda when all paperwork has been properly completed and received by the system. All necessary paperwork should be filed with the system no later than the Friday preceding the State Board's regular meeting so as to allow for sufficient time to process the application.
(e) Member deaths and beneficiaries.
(1) Guardian checks will be addressed with the Guardian's name and the statement: "Guardian of ___________________" on the face of the check.
(2) The Estate of the retiree or beneficiary shall be entitled to the benefit check written for the month a retiree or beneficiary dies.
(3) To continue monthly benefits on a child who has reached eighteen (18) years of age, verification that the child is enrolled full-time in an accredited school of learning must be received by the System. Documentation is required each semester until the child reaches twenty-two (22) years of age or marries at which time the benefits will cease.
(4) Step-children and grandchildren of members are not beneficiaries unless they are adopted by the member.
(5) Children adopted prior to January 1, 1981, are considered beneficiaries even though the child(ren) may have been adopted after the member's retirement date.
(6) A valid marriage certificate or other necessary proof of marriage is required before an Application of Surviving Spouse for Pension can be considered by the State Board.
(f) Membership.
(1) A part-time firefighter shall not belong to the System.
(2) All firefighters must be members of the System if their employer is a participating municipality in the System.
(3) A candidate for a paid firefighter position must first complete a required State Board approved pre-employment physical performance/agility test and physical examination in order to participate and receive any benefits from the System. The physical examination will be reviewed by a physician, selected by the State Board, to determine if the applicant meets the required medical standards. When the System receives all the information necessary for entrance into the System, including the written notice from the physician, selected by the State Board, that the candidate has met the minimum medical requirements for entrance, the Executive Director shall have the authority to approve an entrance date for the candidate no earlier than the date all the necessary information for entrance is received or the actual hire date whichever is later, provided that the date between the time of the administration of the physical examination and the approval for membership in the System by the Executive Director and the candidate's actual hire date by the participating municipality is less than six (6) months. The State Board shall have the authority to deny or revoke the membership of a candidate submitting false information in such candidate's membership application and shall have the final authority in determining eligibility for membership in the System.
(4) An applicant for a paid firefighter position, who is an active volunteer firefighter with the same fire department, and who has passed the physical performance/agility test approved by the State Board as a condition for entrance as a volunteer firefighter shall only be required to pass the physical examination upon being employed as a paid firefighter if employed by the same fire department.
(5) A terminated paid firefighter who returns to work as a paid firefighter within six (6) months of his or her termination date will not be required to complete another physical examination.
(6) The classification of a paid firefighter shall be a firefighter who is carried on the city payroll as a paid firefighter and who receives a salary which is more than twicefive and one-half (5 1/2) times the amount of the minimumthe annual pension benefit paid by the System to of a retired volunteer firefighter with twenty (20) years of credited service. Any firefighter making more than this amount will need to complete the required physical performance/agility test and physical exam and his or her employer must remit both the employee and employer contributions to the System.
(g) Credited Service.
(1) If a firefighter is off the participating municipality's payroll for a period of time and employer and employee contributions are not received by the System, that period of time will not count as credited service until said contributions are received by the System.
(2) New volunteer cities joining the System may purchase up to five (5) years of credited service for each member of the department at the annual rate in effect as of the date of purchase, provided verifiable evidence of active firefighter service for the purchased years for each individual is provided to the System. Even though a city is exempt from contributions, contributions must be paid for a volunteer firefighter to receive purchased credit.
(3) If a question arises concerning a member's correct amount of service time, the member must submit to the State Board three (3) affidavits, based upon the actual knowledge of the member's correct service time, and all other necessary documentation, as may be required by the State Board. The Chairman of the State Board may direct a member of the State Board or an employee of the System to visit the member and the city in question for further verification. Service time may be corrected to allow not more than twenty (20) years of service for a member of the Oklahoma Firefighters Pension and Retirement System whose first employment with a participating employer of the System occurs prior to November 1, 2013, or not more than twenty-two (22) years of service for a member of the Oklahoma Firefighters Pension and Retirement System whose first employment with a participating employer of the System occurs on or after November 1, 2013.
(4) Credited Service under 11 O.S. Section 49-138(C)(2) includes service in the following areas of responsibility and during the following time periods:
(A) former Yugoslavia (including Bosnia-Herzegovina, Croatia, and Macedonia) from November 21, 1995 to October 12, 1998;
(B) Kosovo from March 24, 1999 to May 1, 2000;
(C) the U.S. war in Afghanistan from September 14, 2001 to December 18, 2014; and
(D) the Iraq war from March 3, 2003 to December 15, 2011.
(h) Disability.
(1) Applications for disability pensions shall provide medical evidence certifying the disability, proof of injury unless otherwise provided, and that the applicant can no longer perform the duties of a firefighter. The proof of injury must be proof of the specific injury that prevented the disability pension applicant from continuing the duties of a firefighter from the time of injury until present. In a case where a disability applicant returned to performing the duties of a firefighter at any time following the injury, the proof of injury must be accompanied by proof that certifies cumulative evidence of a continuing condition relating to that specific injury until the time of filing the disability application. In a case where a firefighter returned to a "light duty" or "restricted duty" only status, proof certifying the disability applicant's work status from the injury time until present shall be submitted along with the disability application. The application shall be filed with the Local Board, if the Local Board exists, or the Executive Director of the System. The existing Local Board or the Executive Director of the System will determine if additional medical evidence is required. If additional medical evidence is required, the State Board shall be responsible for payment of any physical examinations and certifications.
(2) If any additional medical evidence is produced concerning a disability pension application, said medical evidence must be presented to the Local Board, if the Local Board exists, or the Executive Director before the State Board considers the application. If an applicant requests a hearing before the State Board, all evidence concerning the application may be presented providing all parties affected by the hearing agree.
(3) A stroke condition that has been medically certified to be caused by heart disease shall be categorized as heart disease for the purpose of applying line of duty presumptions pursuant to 11 O.S. §49-110.
(4) Any additional medical testing requested by a physician for the purpose of certification of a disability at the request of an existing Local Board shall be approved by the Executive Director of the System prior to the medical testing.
(5) A volunteer member who has completed more than ten (10) years of credited service shall be eligible for consideration of a disability in line of duty pension and entitled to the presumptions pursuant to the provisions of 11 O.S. §49-110 provided that competent medical evidence is presented to support the certification of said disability request. A volunteer member who passes the pre-employment medical evaluation which is certified by the State Doctor as meeting the medical requirements for entrance into the System shall be immediately eligible for consideration of a disability in the line of duty pension and entitled to presumptions pursuant to the provisions of 11 O.S. §49-110 provided that competent medical evidence is presented to support the certification of said disability request.
(6) A participating municipality may make an application for a disability pension on behalf of a member provided that medical evidence is presented supporting the existence of a disability. The member may present medical evidence to the contrary.
(7) If there are physician's statements presented which disagree or there is only one physician statement presented, then the Local Board, if one exists, or the Executive Director shall have the medical records examined by a physician of their choosing. If the participating municipality has made the application request and the member presents contrary medical evidence it shall be the responsibility of the existing Local Board or the Executive Director to obtain an authorization of release of medical records from the member prior to the third physician examination.
(i) Local Boards.
(1) If an existing Local Board desires to have a member, who is receiving a disability pension, re-examined by a physician for the purposes of certifying if a disability still exists, the request shall be approved by the State Board.
(2) An existing Local Board meets when necessary to review applications for benefits and disability benefits. The Local Board minutes must show action taken by roll call vote. In cities and towns where the city clerk and city treasurer hold both positions the local board becomes a five (5) member board. The board members shall elect a vice-chairman from among all board members who shall assume the duties of the mayor/chairman in that person's absence.
(3) Any action taken by the local board must be documented. The local board must present objective evidence to the State Board regarding its recommendation. The State Board will consider only the evidence actually presented. The State Board will act upon the evidence presented and render a final decision.
(4) If the city charter provides, the city council or similar authority, in the absence of the mayor, city clerk or the treasurer, may designate an authorized official as a replacement member of the local board, such as a vice-mayor if he or she has the responsibilities of the mayor. A firefighter member of the local board cannot send a replacement. Only local board members present at a local board meeting may vote. The chairman shall have a casting vote with the members only when necessary to avoid a tie vote among local board members. All local board meetings are subject to the Open Meeting Act.
(j) Contributions.
(1) There shall be a sixty (60) day waiting period of refund of contributions. If the firefighter requesting the refund of contributions was terminated from service, which resulted in litigation or administrative action, the refund of contributions will not be made until there is a final judgment or conclusion to the litigation or administrative action.
(2) Gross salary shall include but not be limited to base salary, longevity pay, fire service training and other education pay, scuba pay, out of class pay, one time bonus pay earned during the current twelve (12) month period of employment, and buy back pay when paid on an annual basis and available to all firefighters of sick or annual leave that is not at termination and is not compensatory time. Gross salary shall not include payment for unscheduled overtime, payment for accumulated sick, annual or any other similar leave upon termination from employment, any uniform or clothing allowance, car allowance or any other compensation for reimbursement of out-of-pocket expenses. All other compensation not specifically mentioned must have contributions paid on them. Contributions shall be deducted from gross salary prior to federal and state income tax withholdings deductions.
(3) Volunteer pension contributions are due on July 1 of each year. Cities, towns or fire protection districts subject to the statutory exemption from payment of volunteer contributions shall file for the exemption with the System on an annual basis.
(4) Workers Compensation benefits shall not be considered a part of gross salary for the purpose of determining pension benefits. The System will not accept member contributions related to workers compensation.
(5) If a paid member terminated employment prior to January 1, 1981, and then subsequently returns to work as a paid member after January 1, 1981 and then again terminates, contributions paid in prior to January 1, 1981 would not be refundable.
(6) Salary means a predetermined sum payable at specified and regular times for services rendered, including benefits accumulated and paid as salary; furthermore, any salary received that is to be used in computing a "final average salary" shall be reduced or pro-rated to a monthly amount. It shall be a violation of this section to establish a special pay plan for the purpose of evading the intent of this section.
(k) Reinstatement of Prior Service.
(1) If a paid firefighter terminates employment and receives a refund of contributions and then subsequently returns to work for a participating municipality, all withdrawn contributions must be paid back to the System plus 10 percent (10%) interest per annum (from the date the member received his or her accumulated contributions to the date of repayment or the commencement of installment payments) in order for the member to receive credit for the missed credited service time.
(2) The member's payment must be made to the System, or installment payments must begin, within ninety (90) days following acceptance of the member's application for reinstatement of prior service.
(3) The member may pay for reinstatement of prior service by a lump-sum payment by check or money order. The member may also pay for reinstatement of prior service by a lump-sum payment (with interest) of non-Roth funds from a Code Section 403(b) annuity, a governmental 457 plan within Oklahoma or a Code Section 401(a) qualified plan. Payment for the reinstatement of prior service shall be made in accordance with 270:10-1-9(7) through (9).
(l) Deferred Option Plan (Plan B).
(1) Upon termination of employment, a member participating in the Deferred Option Plan (Plan B) pursuant to 11 O.S. Section 49-106.1 A, B, C, D, E and F shall have the following options:
(A) Receive a lump sum payment of the member's total account balance, an annuity, a partial lump sum payment or withdrawal, or installment payments of the member's accumulated Plan B balance as described below. Direct rollovers are permitted pursuant to the provisions of 11. O.S. Section 49-106.3. Pursuant to 11 O.S., Section 49-106.1.F., the approved method of payment for any interest earnings credited to a member's Plan B account balance on or about June 30, 2018, and thereafter, as described in (E) of this paragraph, is either a direct lump sum payment of the interest earned for the applicable plan year, or the payment or transfer of the interest earned for the applicable plan year to an Eligible Retirement Plan as defined in 11 O.S., Section 49-106.3. Failure to make an election of either a direct lump sum payment of the interest earned for the applicable plan year, or the payment or transfer of the interest earned for the applicable plan year to an Eligible Retirement Plan shall result in:
(i) an automatic rollover of the interest earned for the applicable plan year to an individual retirement plan, consistent with the mandatory distribution rules of Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, for any member before the member attains the later of age 62 or the member's normal retirement date; and
(ii) a direct lump sum distribution to the member for any other member before such member attains age seventy and one-half (70 ½).
(B) Subject to the required minimum distribution provisions of 11 O.S. Section 49-106 ("IRS Required Minimum Distribution") and the mandatory interest distribution provisions of (E) of this paragraph, the State Board retains custody of the member's remaining accumulated Plan B balance until there is a complete and final payout of a member's entire Plan B balance. No more than once a month, the member may elect, with eight (8) working days advance written notice, to change such payout period or payout amount for installment payments.
(C) In addition to the installment payments, a member may elect, with eight (8) working days advance written notice, a withdrawal, but no more than one such withdrawal may be made per month and each withdrawal must be as of the last working day of a month. If such withdrawal is made after installment payments have commenced, appropriate adjustments may be made in the installment payout period to reflect such withdrawal.
(D) To the extent the Plan B balance is to be paid to the member's surviving spouse whether as a designated recipient or by statute, then if the member dies with a balance in the account, such balance will be paid in a lump sum or will continue to be paid in the same manner as was applicable to the member, as elected by the surviving spouse who meets the requirements of paragraph 16 of 11 O.S., Section 49-100.1, except that automatic rollover of the mandatory distribution of interest shall not apply. Any designated recipient who is not the surviving spouse shall receive a lump sum payment from the account equal to the balance in the account of the member or any other approved method of payment. If there are no surviving designated recipients, a lump sum payment from the account equal to the balance in the account shall be paid to the member's estate. For purposes of this subparagraph, if a trust is the designated recipient (even if the surviving spouse is a beneficiary under such trust), the deceased member's account balance may not remain in the Deferred Option Plan (Plan B) after the member's death.
(E) The interest earned annually on the Plan B account balances shall be calculated based on the return of the investment portfolio of the fund on June 30 of each year as provided in 11 O.S., Section 49-106.1(E)(2) and shall be credited as of June 30 for such plan year. The determined annual interest rate shall be applied on a pro rata account balance in the year the rate is established. Commencing with the plan year ending on June 30, 2018 and for each plan year thereafter, for retired members, disabled members and surviving spouses receiving monthly retirement benefits from the System (Plan A benefits), the interest earned annually on the member's accumulated Plan B balance shall be determined as of June 30 of such plan year and shall be distributed each year as follows:
(i) on or about June 30, 2018, and on or about each subsequent June 30, of such plan year, the initial distribution of interest earnings calculated based on the actuarial assumed interest rate on the first day of the plan year as certified by the actuary in the yearly valuation report shall be distributed; and
(ii) by September 30 of the following plan year, a true-up distribution of any additional earnings posted to a member's account above the interest earnings provided for in (i) of this subparagraph, shall be distributed.
(F) The amount of the mandatory distribution of interest for any plan year shall be reduced by the amount of voluntary withdrawals from the member's Plan B balance during the plan year. No individual shall receive both a mandatory distribution of interest and an IRS Required Minimum Distribution in the same calendar year. In a calendar year in which the System would otherwise distribute both a mandatory distribution of interest and an IRS Required Minimum Distribution to an individual, the IRS Required Minimum Distribution shall be made and not the mandatory distribution of interest. If the member dies before receiving the mandatory distribution of interest, the member's surviving spouse will receive the mandatory distribution of interest. If the member dies before receiving the mandatory distribution of interest with a nonspouse designated beneficiary (or the estate as the recipient), such nonspouse designated beneficiary (or estate) will receive the mandatory distribution of interest as part of a payout of the entire account. If a member withdraws all of his or her account balance prior to June 30 of a given plan year, the member shall receive at the time of withdrawal, a distribution of interest earnings on the withdrawn amount equal to the actuarial assumed interest rate as certified by the actuary in the yearly valuation report of the actuary on a pro rata basis. If the annual interest earnings calculated on June 30 of a given year exceed the actuarial assumed interest rate as certified by the actuary in the yearly valuation report of the actuary, a member who withdraws all of his or her account balance prior to June 30 of said plan year shall receive a distribution of additional interest earnings equal to the difference between the minimum actuarial interest rate and the calculated interest rate on a pro rata basis.
(G) At the conclusion of a member's participation in Plan B, the member must terminate employment and shall start receiving the member's accrued monthly retirement benefit from the System. Such a member may be reemployed by a participating municipality and receive in-service distributions of such member's accrued monthly benefit from the System, but only in a position not covered by the System.
(2) Participation in the Oklahoma Firefighters Deferred Option Plan must begin the first day of a month.
(3) For a lump sum payment, direct rollover or a combination thereof, which is paid when the regular monthly benefits commence (Plan A), an exclusion ratio must be calculated and applied to the distribution amount from Plan B to determine the portion that may be excluded from income. This exclusion ratio will equal the member's after-tax contributions to the System divided by the expected return. The expected return is the sum of: (A) the member's accumulated Plan B balance plus (B) the amount of the value of the monthly pension from Plan A that the member is expected to receive over time based on single life expectancy factors from Table V issued as part of the income tax regulations under Section 72 of the Internal Revenue Code of 1986.
(4) The rules under this subsection shall only apply to a member whose first employment with a participating employer of the System occurred before November 1, 2013.
(m) Deferred Option Plan under the Back DROP Provision.
(1) For purposes of this subsection, the definitions as stated in 11 O.S. Section 49-106.1 (H)(1) shall apply.
(2) In lieu of participating in the Deferred Option Plan (Plan B) pursuant to subsections A, B, C, D, E, F and G of 11 O.S. Section 49-106.1 (referred to herein as an election under Plan B), a member may elect to participate in the Deferred Option Plan pursuant to 11 O.S. Section 49-106.1(H) (referred to herein as an election under the Back DROP provision) and this subsection.
(A) The applicant must submit his or her completed application for participation in the Deferred Option Plan under the Back DROP provision on the form provided by the System.
(B) The application must be received by the System no later than eight (8) working days from the end of the month in order to receive a payment at the end of that month. All distributions shall be paid on the last working day of a month.
(C) Upon the member's election to participate in the Deferred Option Plan under the Back DROP provision, the member's account balance shall remain in the System under the same conditions as described in (l) of this Section, until distributed.
(D) A member in the Back DROP has the same distribution options as described in (l)(1)(A), (B) and (C) of this Section.
(E) If the member dies with a balance in the account, such balance will be paid in a lump sum or will continue to be paid in the same manner as was applicable, as elected by the surviving spouse who meets the requirements of paragraph 16 of 11 O.S. Section 49-100.1. If there is no surviving spouse, any remaining beneficiaries shall receive a lump sum payment(s) from the account equal to the balance in the account of the member, or any other approved method of payment. If there are no surviving beneficiaries, a lump sum payment from the account equal to the balance in the account shall be paid to the member's estate. For purposes of this subparagraph, if a trust is the beneficiary (even if the surviving spouse is a beneficiary under such trust), the deceased member's account balance may not remain in the Deferred Option Plan (Plan B) after the member's death.
(3) At the member's termination date, his or her monthly pension benefit shall be determined based on earlier attained credited service and on the final average salary as of the back drop date. The member's individual deferred option account shall be credited with an amount equal to the deferred benefit balance, and the member shall terminate employment with all participating municipalities as a firefighter and the member shall start receiving the member's accrued monthly retirement benefit from the System. Such a member may be reemployed by a participating municipality and receive in-service distributions of such member's accrued monthly retirement benefit from the System, but only in a position not covered by the System. On the member's back drop date, the member's retirement benefit will be frozen, and at no time will the member be able to increase his or her benefit due to additional years of service, salary or other promotional increases.
(4) The member's credit of his or her deferred benefit balance shall be as follows:
(A) An amount equal to the accumulated contributions the member made to the System from his or her back drop date to termination date with interest based upon how the benefit would have accumulated on a compound basis as if the member had participated in the Deferred Option Plan (Plan B) pursuant to 11 O.S. Section 49-106.1 A-E from his or her back drop date to termination date;
(B) An amount equal to all monthly retirement benefits that would have been payable had the member elected to cease employment on the back drop date and receive a service retirement from the back drop date to the termination date with applicable cost of living adjustments and with interest based on how the benefit would have accumulated on a compound basis as if the member had participated in the Deferred Option Plan pursuant to O.S. 11 Section 49-106.1 A-E from his or her back drop date to termination date; and
(C) An amount equal to one-half (1/2) of the employer contributions from the back drop date to the termination date, with interest based on how the benefit would have accumulated on a compound basis as if the member had participated in the Deferred Option Plan pursuant to 11 O.S. Section 49-106.1 A-E from his or her back drop date to termination date.
(5) The provisions of 11 O.S. Section 49-106.1 B, C, E, F and G shall apply to this subsection.
(6) A member shall not participate in the Deferred Option Plan pursuant to the Back DROP provision if the member is participating in Plan B pursuant to subsections A, B, C, D, E, F and G of 11 O.S. Section 49-106.1.
(7) For a lump sum payment, direct rollover or a combination thereof, which is paid when the regular monthly benefits commence (Plan A), an exclusion ratio must be calculated and applied to the distribution amount from the Back DROP to determine the portion that may be excluded from income. This exclusion ratio will equal the member's after-tax contributions to the System divided by the expected return. The expected return is the sum of: (A) the member's deferred benefit balance plus (B) the amount of the value of the monthly pension from Plan A that the member is expected to receive over time based on single life expectancy factors from Table V issued as part of the income tax regulations under Section 72 of the Internal Revenue Code of 1986.
(8) The rules under this subsection shall only apply to a member whose first employment with a participating employer of the System occurred before November 1, 2013.
(n) Deferred Option Plan (Plan B) for a Member of the System Whose First Employment with a Participating Employer of the System Occurs on or after November 1, 2013. [RESERVED]
(o) Vested Rights.
(1) A paid firefighter who terminated active service with more than ten (10) years of credited service with the System prior to July 8, 1985, must return to active service as a paid firefighter in order to establish vested rights.
(2) A volunteer firefighter who terminated active service with ten (10) years of credited service with the System prior to July 20, 1987, must return to active service as a volunteer firefighter in order to establish vested rights.
(p) Automatic Rollover.
(1) "Mandatory distribution" means a distribution that is an eligible rollover distribution subject to Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, and is made without the member's consent to a member before the member attains the later of age 62 or normal retirement date. A distribution to a surviving spouse, alternate payee, or a distribution made upon a member's death is not a mandatory distribution for purposes of the automatic rollover requirements of Section 401(a)(31)(B) of the Internal Revenue Code of 1986, as amended.
(2) In the event of a mandatory distribution greater than $1,000 made on or after June 28, 2018, if the member does not elect to have such distribution paid directly to an eligible retirement plan specified by the member in a direct rollover or to receive the distribution directly, then the State Board shall pay the distribution in a direct rollover to an individual retirement plan designated by the State Board. For purposes of determining whether a mandatory distribution is greater than $1,000, the portion of the member's distribution attributable to any rollover contribution is included.
270:10-1-9. Purchase of transferred credited service. and military service credit [AMENDED]
(a) A paid member may purchase ofup to five years of credited service earned while a member of the Oklahoma Police Pension and Retirement System, the Oklahoma Law Enforcement Retirement System, the Teacher's Retirement System of Oklahoma and the Oklahoma Public Employees Retirement System ("transferred credited serivce"), provided the member is not eligible to receive retirement credits or benefits from said service in any other public retirement System and provided further that the member must be an active paid member at the time of purchase and must have been an active paid member for a minimum of thirty (30) months. Transferred credited service from such retirement system(s) shall not alter the member's normal retirement date or vesting requirements. Transferred credited service shall be added after the member reaches his or her normal retirement date.
(b) A paid member may purchase up to five (5) years of military service credit, pursuant to title 11 O.S. Section 49-138(E), provided that the member must be an active paid member at the time of purchase and must have been an active paid member for a minimum of thirty (30) months.
(c) An active volunteer member may purchase up to five (5) years of military service credit pursuant to title 11 O.S. Section 49-138(E), provided that the member must be an active volunteer member at the time of purchase.
(d) Transferred credited service and military service credit shall not alter the member's normal retirement date or vesting requirements. Transferred credited service or military service credit shall be added after the member reaches his or her normal retirement date.
(e) All purchases of transferred credited service pursuant to 11 O.S. Section 49-117.2, or military service credit pursuant to 11 O.S. Section 49-138(E) shall be based on the actuarial cost of the incremental projected benefits to be purchased.
(1) The actuarial cost and any tables formulated for the purposes of determining such cost during each calendar year, shall be based on the actuarial assumptions utilized in the actuarial valuation report as of the preceding July 1.
(2) The actuarial valuecost shall be based upon the member's age, last thirty (30) months of salary history at time of purchase, and service at the time of purchase, together with the earliest age for retirement and actuarially projected salary at the time of retirement. For the purposes of the actuarial cost, it is assumed that all members are married at the time of retirement. If no purchase is made within thirty (30) days the actuarial cost may increase.
(3) For the purpose of this computing the actuarial cost, the member's age shall be rounded up or down to the nearest birthday.
(4) For the purpose of this computing the actuarial cost, the mortality tables shall be formulated as unisex tables as used in the actuarial valuation report of the preceding July 1.
(5) In the event a member who chooses to purchase service has been employed less than twelve (12) months, salary shall be annualized based upon the most current completed calendar months of payroll information. The member seeking to purchase transffered credited service or military service credit shall be provided with the purchase price and the purchase price shall be good for ninety (90) days from the date it is provided to the member.
(6) The purchase price forof transferred credited service may be paid in installments as provided in 11 O.S. Section 49-117.3. In the event that the member is unable to pay the purchase price by the end of the month immediately following the date of acceptance of his or her application to purchase transferred credited service, the State Board shall permit the member to amortize the purchase price over a period not to exceed sixty (60) months. Said payments shall be made by payroll deductions unless the State Board permits an alternate payment source. The amortization will include 7½% interest compounded annually or military service credit must be completed within the ninety (90) day period, unless purchase is made in installments. If payment has not been made within, or if installment payments have not commenced within, the ninety (90) day period, the member must reapply, the purchase price must be recomputed, and a new ninety (90) day period will commence.
(7) In lieu of installment payments (for purchase where installment payments are otherwise allowed by Oklahoma state statutes), an active member may elect to make the payment of the actuarial purchase price, repayment of previous withdrawal, purchase of A member may pay the purchase price of transffered credited service or military service credit, repay previous refunds, purchase non-participating service, or pay for any other eligible purchase or repayment permitted and authorized by the statutes governing the System, through:
(A) a direct trustee-to-trustee transfer of non-Roth funds from a Code Section 403(b) annuity or custodial account, a governmental Code Section 457 plan, and/or a Code Section 401(a) plan, orprovided, however, that the after-tax funds in retirement account shall not be used to purchase transferred service credit, military service credit, or to repay prior refunds;
(B) a direct rollover of tax-deferred money from a Code Section 403(b) annuity or custodial account, a governmental Code Section 457 plan, and/or a traditional or conduit Individual Retirement Account or Annuity (IRA). Monies in Roth accounts and Coverdell Education Savings Accounts cannot be used to purchase transferred credited service. Tax-paid (after-tax) money cannot be used in a direct rollover. Any tax-paid money from a plan or traditional or conduit IRA must be paid to member and then the member may then write a personal check to the System., except that
(i) monies in a Roth account cannot be used to purchase transferred service credit, military service credit, or to repay prior refunds,
(ii) monies in a Coverdell Education Savings Account cannot be used to purchase transferred credited service or military service credit,
(iii) tax-paid (after-tax) money cannot be used to repay prior refunds, and,
(iv) tax-paid (after-tax) money cannot be used in a direct rollover, but tax-paid (after-tax) money from a plan or traditional or conduit IRA may first be paid to the member and then used as part of the purchase price pursuant to (C) below;
(C) certified check; or,
(D) a combination of (A), (B), and (C).
(8) The State Board may permit a member to pay the purchase price for transferred credited service, military service credit, to repay prior refunds or any of the purchase price not paid for those purposes pursuant to (7) above, in installment payments over a period not to exceed sixty (60) months, as provided in 11 O.S. Section 49-117.3, 11 O.S. Section 49-138.1, or 11 O.S. Section 49-117.1, as applicable.
(A) Installment payments shall be made by payroll deductions unless the State Board permits an alternative payment source or method. Installment payments made by payroll deduction shall be on an after-tax basis and shall not be picked up by the member's employer.
(B) Installment payments shall include interest at a rate not to exceed the actuarially assumed interest rate adopted by the State Board for investment earnings each year.
(C) After installment payments have begun, an active member may make a lump sum payment of the actuarial remaining unpaid balance of the purchase price, with interest dueaccruing through the date of payment by:as described in (7)(A) through (D) above.(A) a direct trustee-to-trustee transfer of non-Roth funds from a Code Section 403(b) annuity or custodial account, a governmental Code Section 457 plan, and/or a Code Section 401(a) qualified plan, or
(9) Transferred credited service, military service credit, and service credit for the payment of prior refunds shall be taken into account only if payment is received prior to the commencement of benefits, as provided below.Notwithstanding (7) and (8) of this subsection, purchases may be made by a cash lump sum payment, installment payments (where otherwise allowed by state statutes, trustee-to-trustee transfer of non-Roth funds, and/or a direct rollover of tax-deferred money as described in (7) and (8) of this subsection).
(B) The member, the member's surviving spouse, the member's beneficiary, or, unless the unpaid balance is paid by the member's estate or successor within interest may pay any remaining unpaid balance of the purchase price or repayment, with interest accruing through the date of payment, within ninety (90) days of the first to occur of the member's termination, retirement, or death.within six (6) months after the member's death, termination of employment or retirement. The member shall not receive any retirement benefits until the balance is paid, unless his or her beneficiary or the member affirmatively waives the additional six (6) month period in which to pay the unpaid balance.
(10) An active volunteer member who purchased military service credit and subsequently becomes a paid member may purchase military service credit as a paid member, subject to all requirements applicable to a paid member. Any purchase price, excluding interest, paid for a volunteer military service credit shall reduce the purchase price of paid military service credit and purchased volunteer military credit shall be disregarded.
[OAR Docket #26-530; filed 6-8-26]
TITLE 380. Department of Labor
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-486]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
380:1-1-5. Access to Department of Labor records [AMENDED]
Subchapter 7. Individual Proceedings, Public Hearings and Formal Procedures
380:1-7-4. Contents of petition for cease and desist orders [AMENDED]
AUTHORITY:
Department of Labor; 40 O.S. § 1
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 7, 2025
COMMENT PERIOD:
December 1, 2025 through January 8, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 12, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 13, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule amendments update the Department of Labor’s physical address and remove references to the Department’s former Tulsa office.
CONTACT PERSON:
Daniel A. Mares, Assistant General Counsel, (405) 521-6186 or daniel.mares@labor.ok.gov or Don Schooler, Chief of Staff and General Counsel, (405) 521-6181 or don.schooler@labor.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
380:1-1-5. Access to Department of Labor records [AMENDED]
(a) The Oklahoma Department of Labor complies with all applicable provisions of the Oklahoma Open Records Act, 51 O.S. §§ 24A.1. et seq., in providing the public access to department records.
(b) Any persons desiring any information concerning the Department of Labor, its policies or procedures, or any information concerning said organization, or licenses or certificate holders may make submissions or request to the Labor Commissioner, either in person, by e-mail to the address designated on the Department of Labor's official website, or by mail, by directing such submissions or requests to the Labor Commissioner, 4001 N. Lincoln Blvd.409 NE 28th St., 3rd Floor, Oklahoma City, Oklahoma 73105 or 440 S. Houston, Suite 300, Tulsa, Oklahoma 74127.
(c) The Department's established written fee schedule for recovery of the reasonable, direct costs of document copying, mechanical reproduction, document search, and certified copies is posted at the Department's Oklahoma City and Tulsa officesoffice and is filed with the county clerksclerk of Oklahoma and Tulsa countiescounty. Fees will be charged only as authorized by 51 O.S. § 24A.5 and shall not exceed the maximum amounts stated therein.
SUBCHAPTER 7. INDIVIDUAL PROCEEDINGS, PUBLIC HEARINGS AND FORMAL PROCEDURES
380:1-7-4. Contents of petition for cease and desist orders [AMENDED]
(a) The Labor Commissioner in order to insure the public safety and/or uphold the legislative mandate may issue cease and desist orders. These orders will be issued to prevent the performance of acts violative of, or prohibited by, the labor laws; or it may require such affirmative action as will effectuate the policies of the labor statutes. A violation of any order issued subjects the party to contempt proceedings. The Labor Commissioner will evoke the power of cease and desist upon verified application.
(b) The Labor Commissioner will upon verified application, issue an ex parte order to the party offending the law or any rule adopted to implement the law. The order will recite the factual allegations and the relief sought or demanded, the rules or legal foundations for the order, and it will set forth a date for a hearing. The hearing will be in the form of a show-cause hearing, as example:The Labor Commissioner being well and fully advised in the premises, and pursuant to a complaint filed by John Doe, finds the respondent to be in violation of the laws of this State.Therefore, until further order of the Labor Commissioner, respondent is ordered to cease and desist, etc.You are further notified to appear before the Labor Commissioner at 4001 North Lincoln Blvd.409 NE 28th St., 3rd Floor, Oklahoma City, Oklahoma at 9:00 AM on the____day of______ 1920__, and show cause why this order should not remain in full force and affect. Any violation of this order prior to a determination on the merits will subject you to contempt proceedings and any other remedy provided by law.
[OAR Docket #26-486; filed 6-3-26]
TITLE 380. Department of Labor
CHAPTER 40. OKLAHOMA OCCUPATIONAL HEALTH AND SAFETY STANDARDS ACT RULES
[OAR Docket #26-487]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
380:40-1-16. Citations [AMENDED]
AUTHORITY:
Department of Labor; 40 O.S. §§ 407 and 412, Oklahoma Occupational Health and Safety Standards Act of 1970
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 7, 2025
COMMENT PERIOD:
December 1, 2025 through January 8, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 12, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 13, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule amendment allows the Oklahoma Department of Labor to issue a citation more than six months following the occurrence of a violation when issued as part of a fatality investigation or when a delay in issuance of a citation is caused by parties other than the Department of Labor. The circumstances which created the need for the rule amendment are that fatality investigations conducted by the Oklahoma Department of Labor can frequently take longer than six months to complete due to the complex nature of these investigations. The intended effect of the rule amendment is to ensure that violators can be issued citations to help prevent further violations of the Oklahoma Occupational Health and Safety Standards Act, to promote the health and safety of employers and employees subject to the Act.
CONTACT PERSON:
Daniel A. Mares, Assistant General Counsel, (405) 521-6186 or daniel.mares@labor.ok.gov or Don Schooler, Chief of Staff and General Counsel, (405) 521-6181 or don.schooler@labor.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
380:40-1-16. Citations [AMENDED]
(a) Upon determination that the employer has violated a standard, rule or order promulgated pursuant to the Act, or of any substantive rule published in this chapter, the PEOSH Inspector shall issue to the employer a citation.
(b) An appropriate citation shall be issued even though after being informed of an alleged violation by the PEOSH Inspector, the employer immediately abates, or initiates steps to abate, such alleged violation. No citation may be issued under this section after the expiration of 6 months following the occurrence of any alleged violation except for violations discovered during the course of, or related to, investigations into employee fatalities, or if a delay in issuance of a citation is caused by parties other than the Department of Labor.
(c) Any citation shall describe with particularity the nature of the alleged violation, including a reference to the provision(s) of the Act, standard, rule, or regulation, alleged to have been violated. Any citation shall also fix a reasonable time or times for the abatement of the alleged violation.
(d) No citation may be issued to an employer because of a rescue activity undertaken by an employee of that employer with respect to an individual in imminent danger.
(e) Violations of the Act shall be classified as follows:
(1) Serious: a condition creating substantial probability that death or serious physical harm could result. The condition is the result of one or more practices, means, methods, operations, or processes that have been adopted or are in use, unless the employer did not, and could not with the exercise of reasonable diligence, know of the condition that is the basis of the violation.
(2) Other than serious: the most serious injury or illness that would be the likely result of the violation cannot reasonably be predicted to cause death or serious physical harm to exposed employees, but does have a direct and immediate relationship to the employees' safety and health.
(3) Willful: a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.
(4) Repeated: the employer has been cited previously for the same or a substantially similar condition within the past five years.
(5) Regulatory: the violation involves posting requirements or injury and illness recordkeeping requirements.
[OAR Docket #26-487; filed 6-3-26]
TITLE 380. Department of Labor
CHAPTER 55. AMUSEMENT RIDE SAFETY RULES
[OAR Docket #26-488]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 15. Waiver Self-Inspections
380:55-15-6. Oklahoma law inspectors examination [AMENDED]
AUTHORITY:
Department of Labor; 40 O.S. § 460, Amusement Ride Safety Act
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 7, 2025
COMMENT PERIOD:
December 1, 2025 through January 8, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 12, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 13, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule amendment eliminates a reference to the Department of Labor’s former Tulsa office and adds e-mail as a method to transmit exams to the Department.
CONTACT PERSON:
Daniel A. Mares, Assistant General Counsel, (405) 521-6186 or daniel.mares@labor.ok.gov or Don Schooler, Chief of Staff and General Counsel, (405) 521-6181 or don.schooler@labor.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 15. WAIVER SELF-INSPECTIONS
380:55-15-6. Oklahoma law inspectors examination [AMENDED]
(a) The Oklahoma law inspectors examination will consist of 25 (twenty-five) multiple choice questions covering the Oklahoma amusement ride law and rules. The examination will be the open book type. A passing score will be 90% (ninety percent) correct or better.
(b) The examination may be administered in the Oklahoma City or Tulsa officesoffice, by Department of Labor field inspector, or transmitted by FAX, e-mail, or mail to the examiner.
(c) Upon achieving a passing score on the Oklahoma law examination, proof of NAARSO certification, and proof of empowerment, the inspector will be issued a certificate of competency.
[OAR Docket #26-488; filed 6-3-26]
TITLE 380. Department of Labor
CHAPTER 70. ELEVATOR SAFETY ACT
[OAR Docket #26-489]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
380:70-1-2. Definitions [AMENDED]
Subchapter 3. Administration
380:70-3-4. National standards, adoption and availability [AMENDED]
AUTHORITY:
Department of Labor; 59 O.S. § 3023, Elevator Safety Act
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 7, 2025
COMMENT PERIOD:
December 1, 2025 through January 8, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 12, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 13, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule amendments update the Department of Labor’s physical address as well as the names and addresses of several national code organizations. The circumstances which created the need for the amendments are that the Department of Labor moved into a different building with a different address as did several national code organizations, one of which changed its name. The intended effect of the proposed amendments is to ensure accurate address information is contained in the rules.
CONTACT PERSON:
Daniel A. Mares, Assistant General Counsel, (405) 521-6186 or daniel.mares@labor.ok.gov or Don Schooler, Chief of Staff and General Counsel, (405) 521-6181 or don.schooler@labor.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
380:70-1-2. Definitions [AMENDED]
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise.
"ASSE""ASSP" means the American Society of Safety EngineersProfessionals, 1800 E. Oakton St., Des Plaines, IL., 60018520 N. Northwest Highway, Park Ridge, IL 60068.
"Acceptance Test" means a test or a group of tests required by the applicable standard that are performed prior to a conveyance being placed into service or after an approved alteration.
"The Act" means the Oklahoma Elevator Safety Act, Title 59 of the Oklahoma Statutes, Sections 3020 et seq. and the Administrative Rules contained in this Chapter.
"Alteration" means any change, including major repair, made to an existing elevator, escalator, moving walkway or conveyance, its hoistway, enclosure, doors, and controls, other than the repair or replacement of damaged, worn, or broken parts necessary for normal operation. The changing of the speed governor shall be considered an alteration.
"Annually" means a period of twelve (12) calendar months.
"ANSI" means the American National Standards Institute, 18191899 L Street NW, 6th11th Floor, Washington, D.C., 20036.
"ASME" means the American Society of Mechanical Engineers, 3Two Park Avenue, New York, NY, 10016-5990.
"AWS" means the American Welding Society, 550 N.W. LeJune Road8669 36th Street, #130, Miami, Florida 3312633166-6672.
"Chief Elevator Inspector" means the Chief Elevator Inspector appointed under the Act.
"Commissioner" means the Commissioner of Labor or his/her authorized representative.
"Certificate of Operation" means a document issued by the Commissioner of Labor, affixed to an elevator or conveyance that indicates it has been inspected, tested and found to be in compliance for operation as required by the Act.
"Conveyance" means any elevator, escalator, moving walkway, wheelchair lift or other such device subject to the provisions of the Act.
"Department" means the Oklahoma Department of Labor, 3017 N. Stiles, Suite 100409 NE 28th St., 3rd Floor, Oklahoma City, OK 73105.
"Deputy Inspector" means an inspector appointed by the Chief Elevator Inspector subject to the approval of the Commissioner under the provisions of the Act.
"Elevator" means any device for lifting or moving people, cargo, or freight within, or adjacent and connected to, a structure or excavation, and includes any escalator, power driven stairway, moving walkway or stairway chair lift. It does not mean any of the following:
(A) Amusement ride or device subject to inspection and regulation under the provisions of Section 460 et seq. of Title 40 of the Oklahoma Statutes;
(B) Mining equipment subject to inspection and regulation by the Department of Mines;
(C) Aircraft, railroad car, boat, barge, ship, truck, or other self-propelled vehicle or component thereof;
(D) Any boiler grate stoker or other similar firing mechanism subject to inspection under the provisions of the Oklahoma Boiler and Pressure Vessel Safety Act; or
(E) A dumbwaiter, conveyor, chain or bucket hoist, construction hoist or similar devices used for the primary purpose of elevating or lowering materials. This list is not exhaustive.
"Elevator Apprentice" means an unlicensed person registered with the Department of Labor who works under the direct supervision of a licensed elevator mechanic, licensed elevator contractor, or licensed elevator inspector.
"Existing Installation" means any elevator, escalator, moving walkway or other conveyance subject to the provisions of this Act in operation before the effective date of this Act.
"Expedited Inspection" means an inspection performed by the Commissioner, Chief Elevator Inspector, or Deputy Inspector that is to be performed during the same calendar month as it is requested.
"Freight Elevator" means an elevator used for carrying freight and on which only the operator and the person(s) necessary for loading and unloading are permitted to ride.
"Installation Permit" means a document issued by the Commissioner to a licensed elevator contractor upon receipt of an application to install or construct an elevator or conveyance which indicates Department approval of the proposed installation or construction project.
"ICC" means the International Code Council, 5360 Workman Mill Road, Whittier, California, 90601-2298200 Massachusetts Ave. NW, Suite 250, Washington D.C., 20001.
"Maintenance" means a process of routine examination, lubrication, cleaning, and adjustment of parts, components, and/or subsystems for the purpose of ensuring performance in accordance with the applicable Code requirements.
"May" means that an action or requirement is optional and non-mandatory.
"Mobility Restricted" means a person or persons unable to move freely without the aid of mechanical assistance such as walkers, wheelchairs, crutches or canes, and/or an inability to move freely because of a physical or mental disability, handicap or restriction.
"New Installation/New Construction" means a completely new elevator or conveyance installation or construction occurring on or after the effective date of this Act.
"NFPA" means The National Fire Protection Association, Inc., One1 Batterymarch Park, Quincy, Massachusetts, 02169-7471.
"Night Time Inspection" means any inspection that does not occur during "reasonable hours."
"Occurrence" means any event involving an elevator, escalator, moving walkway, wheel chair lift or other conveyance subject to the provisions of this Act, that the operation of which has caused personal injury or property damage.
"Owner-Occupied Private Residence" means a separate dwelling, or a separate apartment in a multiple dwelling/complex, which is occupied by the legal owner and/or his/her family.
"Periodic Test" means a group of tests performed at common time intervals required by the authority having jurisdiction.
"Personnel Hoist" means a mechanism and its hoistway for use in connection with the construction, alteration, ongoing maintenance or demolition of a building, structure or other work. It is used for hoisting and lowering workers or materials or both, and is equipped with a car that moves vertically on guide members
"Professional Engineer" means a mechanical engineer registered as such in one or more states, or the equivalent certification registration if from another country.
"Reasonable Hours" means that period of time beginning one hour prior to normal advertised business hours and ending one hour after normal advertised business hours. For facilities normally open twenty-four (24) hours, reasonable hours shall be that period of time beginning at 7:00 a.m. and ending at 6:00 p.m.
"Red Tag" means a document issued by a licensed elevator inspector and attached to an elevator or conveyance declaring that any further operation of the elevator or conveyance shall constitute a violation of the Oklahoma Elevator Safety Act.
"Repair" means reconditioning or renewal of parts, components, and/or subsystems, not constituting an alteration, necessary to keep equipment in compliance with applicable Code requirements and for which a permit is not required.
"Responsible Party" means that person(s) so named and designated on an elevator contractors license required to have met and maintain training credentials and knowledge necessary to satisfy the requirements of the Act.
"Shall" means that an action or requirement as stated in this Chapter is mandatory.
"Special Inspector" means an inspector, licensed by the Department, who is regularly employed by an insurance company providing liability insurance on an elevator, escalator, moving walkway, chairlift or conveyance subject to the provisions of the Act.
"State Special" means the designation applied to an elevator or conveyance subject to the provisions of this Act that is of special or unique construction and cannot be constructed, installed and/or operated in accordance with the applicable ASME Code and the provisions of this Act.
"Temporarily Dormant" means an elevator or conveyance whose power supply has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the "OFF" position.
"Temporary Certificate of Operation" means a document issued by a licensed elevator inspector granting the temporary continued operation of a non-compliant elevator or conveyance for a period not to exceed sixty (60) days so that repairs can be performed; or to a licensed elevator contractor for the temporary continued operation of an elevator, transport platform, or personnel hoist for a specified period of time not to exceed the length of the applicable construction project.
"Transport platform" means an elevator consisting of a platform that is elevated by a mechanical drive system and guided by and moving along its supporting masts, where the mast requires lateral restraint from separate supporting structures, that is primarily used to vertically transport authorized persons, along with materials and necessary tools, to various access levels on a building or structure for construction, renovation, maintenance, or other types of work.
"Triennially" means a period of thirty-six (36) calendar months.
SUBCHAPTER 3. ADMINISTRATION
380:70-3-4. National standards, adoption and availability [AMENDED]
(a) The following American National Standards are hereby adopted:
(1) Safety Code for Elevators and Escalators, ASME A17.1, latest edition and most current addenda.
(2) Safety Code for Existing Elevators and Escalators, ASME A17.3, latest edition and most current addenda.
(3) Safety Standard for Platform Lifts and Stairway Chairlifts, ASME A18.1, latest edition and most current addenda.
(4) Safety Standard for Belt Manlifts, ASME A90.1, latest edition and most current addenda.
(5) Safety Requirements for Personnel Hoists and Employee Elevators, ASSEASSP A10.4, latest edition.
(6) The National Electrical Code, NFPA 70, latest edition.
(7) The International Building Code, latest edition.
(8) American National Standard for Transport Platforms, ANSI/SIA A92.10-2009.
(b) Standards referenced in this chapter are available for public viewing in the office of the Chief Elevator Inspector and may be purchased from the American Society of Mechanical Engineers, the National Fire Protection Association, the American Society of Safety EngineersProfessionals, and the International Code Council.
(c) Compliance with the provisions of the Elevator Safety Act does not relieve an owner, operator, or licensed Elevator Contractor from the requirement to comply with Codes and Standards as may be adopted and enforced by the Construction Industries Board and the Office of the State Fire Marshal, or other such state or jurisdictional agency as may be required.
(d) Where there is a conflict between the adopted standard and this Chapter, the requirements of this Chapter shall take precedence.
[OAR Docket #26-489; filed 6-3-26]
TITLE 380. Department of Labor
CHAPTER 80. ALTERNATIVE FUELS PROGRAM
[OAR Docket #26-490]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Rules for Compressed Natural Gas (CNG) Equipment
380:80-1-2. Standards for alternative fuel engine fuel systems [AMENDED]
AUTHORITY:
Department of Labor; 40 O.S. § 142.1, Alternative Fuels Technician Certification Act
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 7, 2025
COMMENT PERIOD:
December 1, 2025 through January 8, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 12, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 13, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule amendment updates the Department of Labor’s physical address. The circumstances which created the need for the amendment are that the Department of Labor moved into a different building with a different address. The intended effect of the proposed amendment is to ensure accurate address information is contained in the rule.
CONTACT PERSON:
Daniel A. Mares, Assistant General Counsel, (405) 521-6186 or daniel.mares@labor.ok.gov or Don Schooler, Chief of Staff and General Counsel, (405) 521-6181 or don.schooler@labor.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT
380:80-1-2. Standards for alternative fuel engine fuel systems [AMENDED]
(a) The standards for the design, construction, installation, repair, use, and inspection of alternative fuel engine fuel systems are contained in the National Fire Protection Association's pamphlets No. 2, 52, 55 and 58 and are adopted by reference as part of these rules.
(b) The standards for the installation, modification, repair, or performance of maintenance on motors, controllers, on-board power sources, or the drive systems of vehicles powered by electricity, including vehicles originally equipped as electric vehicles, vehicles converted from gliders, and vehicles converted from internal combustion engine vehicles, are contained in the National Electrical Code (NEC) and are adopted by reference as part of these rules.
(c) Copies of the adopted standards are available for inspection at the Oklahoma Department of Labor, 3017 N. Stiles, Ste. 100409 NE 28th St., 3rd Floor, Oklahoma City, OK 73105.
[OAR Docket #26-490; filed 6-3-26]
TITLE 420. Oklahoma Liquefied Petroleum Gas Board
CHAPTER 10. LIQUEFIED PETROLEUM GAS ADMINISTRATION
[OAR Docket #26-524]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
420:10-1-3. Definitions [AMENDED]
420:10-1-5. Permits [AMENDED]
420:10-1-14. Standards for the storage and handling of liquified petroleum gas [AMENDED]
AUTHORITY:
Oklahoma Liquefied Petroleum Gas Board; 52 O.S. § 420.3
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 20, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 20, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The amendment to 420:10-1-3 adds a definition for “Installation” to mean the installation of LP Gas containers, piping systems, materials, and appliances as referenced in NFPA 54 and 58.
The amendments to 420:10-1-5: Clarify, with respect to Class IV Installer Permits, that the requirements of two (2) week supervision and passage of a written examination (that are applicable to applicants for a Class IV Installer permit endorsement for: Low Pressure (“LP”), High Pressure (“HP”), Recreational Vehicle (“RV”), Meter Calibration (“MC”), Truck Inspection and Piping (“TI”), or Dispenser Operator (“DO”)) do not apply to an applicant for a Class IV Installer permit endorsement for Recreational Home Maintenance (“RHM”), adding that an applicant for a Class IV Installer permit endorsement for Recreational Home Maintenance (“RHM”) is only required to have the training specified by the LP Gas Board; and Clarify that installations (that require a specific permit to perform) are to be performed by, or under the supervision of, a permit holder authorized to perform that installation; and Correct grammatical errors by removing the word “pamphlets,” in references to NFPA 54 and NFPA 58, as its superfluous.
The amendments to 420:10-1-14: Correct grammatical errors by removing the word “pamphlets” and other superfluous phrasing in references to NFPA 54 and NFPA 58.
CONTACT PERSON:
Chandra Heitzinger, Administrator of the Liquefied Petroleum Gas Administration, 405-521-2458, Chandra.Heitzinger@lpgas.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(5) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
420:10-1-3. Definitions [AMENDED]
All words, phrases, and terms used in this chapter shall have the same general meaning as contained in Title 52 O.S., Section 420.1 et seq., in so far as the same are defined in said act. Where no specific definition is provided in the act, the words, phrases, and terms used in this chapter shall have the same general meaning that they are commonly understood to have and as they are used in the industry, unless a specific definition of word, phrase, or term is used within the rules of this chapter. The following words or terms, when used in this chapter, shall have the following meaning:
"Act" means Title 52 O.S., Sections 420.1, et seq.
"Administrator" means the State Liquefied Petroleum Gas Administrator as created by 52 O.S., 1971, Section 420.2 or in event of vacancy in office of the Administrator, or in the event of his absence or disability as provided in 52 O.S. 1971, Section 420.2.
"Applicant" means an individual or entity that applies for a permit with the Board.
"Board" means the Oklahoma Liquefied Petroleum Gas Board created by 52 O.S., 1971, Section 420.3.
"Board-Approved" as used in OAC 420:10-1-5(b)(7) means any class, training, or other type of course that the Board approves to satisfy safety school requirements.
"Dealer" means any entity or person (if operating as a sole proprietor) engaged in any phase of the LP gas business.
"Employer" means person for whom services are performed and who has the right to control and direct the individual who performs services, not only as to the result to be accomplished by the work, but also as to details and means by which the result is accomplished.
"Full-Time Employee" means any employee who is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month.
"Gas Processor(s)" means any entity that extracts natural gas liquids from natural gas and does not include Class VIII usage.
"Holder" means either an individual or an entity, depending on the permit type. Class I Holders are entities with the exception of sole proprietors.
"Non-Personal Entity" means any legal business entity other than a sole proprietor.
"Installation" means the installation of LP Gas containers, piping systems, materials, and appliances as referenced in NFPA 54 and 58.
"Person" unless otherwise indicated, means individuals, corporations, partnerships, cooperatives or other entities.
420:10-1-5. Permits [AMENDED]
(a) Permits required. 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 in this section.
(b) Permit classifications. The permits required for engaging in business shall be divided into the following classifications:
(1) Class I - Dealer permit. The Class I Dealer Permit permits the holder to engage in any phase of the LP Gas business. A Class X Manager's permit must be secured for the person actually in charge of an LP Gas operation at each separate branch or base of operation of a Class I permit holder. The initial permit fee for a Class I is One Thousand Dollars ($1,000.00) The annual renewal fee required to be paid for the Class I permit is Five Hundred Dollars ($500.00).
(A) Class I holder can go on inactive status, but will have to meet all the requirements of the permit, including paying the annual renewal fee, and having proper insurance requirements filed with the Administrator, before going back on active status. If requirements are not met the permit will then be revoked. The annual renewal fee required to be paid for a Class I permit holder on inactive status is Three Hundred and Fifty Dollars ($350.00).
(B) Applicant must furnish to the Board, evidence of the following insurance:
(i) A minimum of $1,000,000.00 general liability insurance, as per OAC 420:10-1-18;
(ii) Worker's Compensation insurance shall be required as per state requirements;
(iii) Motor vehicle insurance must meet State and Federal requirements.
(C) Brokers/wholesalers selling LP Gas to anyone other than Class I permit holders or refinery/gas processing type facilities shall obtain a Class I permit and meet the requirements thereof, except for minimum storage and metering, when said sales are by transport bulkhead to bulkhead.
(D) Before testing for a Class I permit, an applicant must meet the following requirements as approved by the Board:
(i) Five (5) years experience as an active Class X Manager or equivalent; and
(ii) Forty (40) hours of specified training.
(E) Prior to application or renewal of any Class I Permit, the applicant or holder shall provide the Administration as part of this application or renewal a complete list of facilities and each delivery location, including the name of facility, street address of facility, name of contact person, and contact information of said facility, to which Un-Odorized LP Gas is being delivered. Sales and deliveries of Un-Odorized LP Gas shall only be made to facilities in Oklahoma that are properly permitted by this Administration.
(2) Class II - Truck Transporter permit. The Class II Transporter Permit permits the holder to transport LP Gas as a common carrier or private carrier to another of the following: a person, firm, or corporation engaged in the production or manufacture of LP Gas and/or selling or reselling LP Gas to transporters, industrial consumers, processors, distributors, retailers, and/or to holders of Class I, III, or VI permits. A Class II permit shall not authorize the resale of LP Gas to an end-user. A Class II permit shall not be a substitute where a Class I is needed. A transport must meet all CFR 49 requirements. The initial permit fee for a Class II is One Thousand Dollars ($1,000.00). The annual fee for a Class II permit is Four Hundred Dollars ($400.00). All LP Gas transport drivers employed by a Class II permit holder are required to obtain a fuel handlers card. The annual filing fee for a fuel handlers card is Ten Dollars ($10.00).
(3) Class III - DOT Cylinder Transporter Permit.
(A) The Class III DOT Cylinder Transporter Permit permits the holder to operate a LP Gas cylinder sale or delivery service for LP Gas in accordance with all other rules and regulations and NFPA Pamphlets 54 and 58. A Class III DOT Cylinder Transporter Permit holder shall obtain LP Gas for sale or delivery from a lawfully-permitted Class I dealer.
(B) The Class III DOT Cylinder Transporter Permit for Un-Odorized LP Gas Endorsement. A separate endorsement to a Class III permit is required, if applicable, and in addition to the Class III DOT Cylinder Transporter Permit, and allows the holder to operate a DOT cylinder sale or delivery service for un-odorized LP Gas in accordance with all other rules and regulations, NFPA Pamphlets 54 and 58, and the following:
(i) Pursuant to this Endorsement, un-odorized LP Gas shall be sold or delivered in approved DOT cylinders only.
(ii) All deliveries shall be made in appropriately marked and placarded vehicles.
(iii) Delivery vehicles shall be operated by licensed personnel holding appropriate certificates and qualifications for the safe handling of LP Gas.
(iv) Prior to application or renewal of any Class III DOT Cylinder Transporter Permit for Un-Odorized LP Gas Endorsement, the applicant or holder shall provide the Administration as part of this application or renewal a complete list of facilities and each delivery location, including the name of facility, street address of facility, name of contact person and contact information of said facility, and the name and location of the Class I permit dealer supplying the Un-Odorized LP Gas to the permit holder.
(v) Sales and deliveries of Un-Odorized LP Gas made pursuant to this Endorsement shall only be made to facilities in Oklahoma that are properly permitted by this Administration.
(C) The Bulk Delivery Class III A Endorsement. The separate Class III A Bulk Delivery Endorsement to the Class III permit is required if applicable and shall permit the holder to invoice the end user for bulk delivery of odorized LP Gas to the facility of the end user only when the LP Gas is delivered to that location by a Class I permit holder.
(D) The annual fee for a Class III permit is $300. The annual fee for the Un-Odorized LP Gas Endorsement is $300. The annual fee for the Bulk Delivery Endorsement is $300.
(E) All DOT cylinder transport drivers employed by a Class III permit holder are required to obtain a fuel handlers card. The annual filing fee for a fuel handlers card is Ten Dollars ($10.00).
(4) Class IV - Installer permit.
(A) The Class IV Installer Permit permits the holder to install and service LP Gas systems, appliances, and other LP Gas equipment. The applicant for an LP, HP, RV, MC, TI, or DO endorsement is required to have immediate supervision for two (2) weeks with a Class IV, IV-D, Class X, or a person licensed by Oklahoma Construction Industries Board with a Mechanical License, and then shall be required to pass a written examination for each separate endorsement. An applicant for an RHM endorsement is required to have the training specified by the LP Gas Board. The endorsements will be as follows:
(i) LP, Low Pressure systems covered by NFPA 54;
(ii) HP, High Pressure systems covered by NFPA 58;
(iii) RV, Recreational Vehicle systems covered by NFPA 1192;
(iv) MC, Meter Calibration systems covered by NIST Handbook 44;
(v) TI, Truck Inspections and Piping covered by NFPA 58 and CFR 49;
(vi) DO, Dispenser Operator for Class IV permit holders that also dispense propane.
(vii) RHM, Recreational Home Maintenance which encompasses only the limited maintenance activities of lighting or relighting pilot lights; cleaning gas logs; and exchanging cylinders on a stationary gas grill that qualifies as an outdoor cooking appliance under NFPA 54.3.3.4.9. This subsection shall not be interpreted to allow a RHM endorsement holder from performing any other activity related to the installation or servicing of an LP Gas system, appliance, or other LP Gas equipment.
(B) Exception from two (2) week training period would be anyone already licensed by Oklahoma Construction Industries Board with a Mechanical License. If the supervising person determines that the new applicant is properly trained, proper documentation of the training is on file, and a Class IV application has been forwarded to the LP Gas Administration, the applicant at that time may begin performing the duties of a Class IV permit holder until such time as the test is administered and the permit issued. This time shall not exceed thirty (30) days or the applicant shall cease to perform these duties. Current Class IV's, as of September 1, 1994, are not required to take a written exam. Upon renewal, endorsements will be based on services provided as authorized by the Administrator. The annual fee for a Class IV permit with one (1) endorsement is Seventy Dollars ($70.00). Each additional endorsement is Ten Dollars ($10.00).
(C) Class IV permit does not permit the holder to install or service LP-Gas carburetion systems.
(D) Any installer not The installations allowed by a specific permit must be performed by, or under the personal and direct supervision of, a permit holder authorized to perform that installation Class X holder at the immediate time and location of the installation shall be required to have a Class IV or IV-D permit.
(5) Class IV-D - Driver/Installer Permit.
(A) The Class IV-D Driver/Installer Permit permits the holder to deliver LP Gas by bobtail and install and service LP Gas systems, appliance, and other LP Gas equipment. Class IV-D permit can only be issued under a Class I permit. New applicants must be under immediate supervision from a current Class IV-D, or Class X while in a minimum of a two (2) week training period before testing. Permit holder shall be required to pass a written examination. The tests shall be given according to current policies of the LP Gas Administration. If the supervising Class X determines that the new applicant is properly trained, proper documentation of the training is on file, and a Class IV-D application has been forwarded to the LP Gas Administration, the applicant at that time may begin performing the duties of a Class IV-D permit holder until such time as the test is administered and the permit issued. This time shall not exceed thirty (30) days or the applicant shall cease to perform these duties. Current Class IV permit holders, as of September 1, 1994, properly trained in delivery of LP Gas will not be required to take the test and will be issued a IV-D permit. The annual fee for a Class IV-D is Fifty Dollars ($50.00).
(B) Class IV-D permit does not permit the holder to install or service LP Gas carburetion systems.
(C) Any installer not under the personal and direct supervision of a Class X holder at the immediate time and location of installation shall be required to have a Class IV or IV-D permit.
(6) Class VI - DOT Cylinder &/or LP Gas Motor Fuel Station Operator Permit.
(A) The Class VI DOT Cylinder and/or LP Gas Motor Fuel Station Operator Permit permits the holder to operate DOT cylinder dispensing station and/or a motor fuel dispenser for public resale. Said Permit must be prominently displayed for public and official inspection at all times. A permit is required for each DOT cylinder dispensing station and/or motor fuel station. The endorsements will be as follows:
(i) AAG, This Attended Autogas "AAG" endorsement permits the holder to operate LP Gas dispenser stations that fill DOT cylinders and/or Attended LP Gas motor fuel refueling dispensers for resale.
(ii) UAG, This Unattended Autogas "UAG" endorsement permits the holder to operate Unattended self-service LP Gas motor fuel dispenser stations; however, these installations require more stringent regulations than those that are attended. In addition to the requirements in this section, the permit holder shall be required to install equipment that meets or exceeds the minimum installation and performance standards described in OAC 420:10-1-14(b)(26). For the purpose of defraying the cost and expenses of administering and enforcing this rule, persons, firms and corporations shall pay at the time of initial inspection a fee of Three Hundred Dollars ($300.00) for each unattended LP Gas motor fuel dispenser station. Thereafter, the annual inspection fee is One Hundred Fifty Dollars ($150.00) for each unattended LP Gas motor fuel dispenser station.
(B) Permit holder must comply with reasonable training requirements of the Class I and Class X manager of the LP Gas provider ensuring that all employees dispensing LP Gas at each location of permit holder are trained and permitted by this agency including notification to the Class X manager whenever training is necessary for new and/or unpermitted employees. Class VI locations may not become operational until a permit has been issued. A Class VI-A LP Gas Dispensing permit must be secured for the person actually in charge of an LP Gas dispensing operation of a Class VI permit holder. A permit will not be issued until the proper fee has been paid and certificate of insurance is received by the LP Gas Administration. The annual fee for a Class VI permit is One Hundred Fifty Dollars ($150.00).
(7) Class VI-A - LP Gas Dispensing Permit. All employees involved in dispensing LP Gas must acquire a Class VI-A permit, except a Class IV, Class IV-D, and Class X. A Class VI-A LP Gas Dispensing permit is required for a person actively in charge of or engaged in LP Gas dispensing operations for the holder of a Class VI permit. All Class VI-A permit holders must be an employee of said Class VI permit holder. Class VI-A applicants must be properly trained by a Class X or at a Board-approved training class on proper filling of ASME tanks and DOT cylinders, and inspection thereof per NFPA 58. Applicants shall be required to pass an approved written examination. Test shall be administered by a Safety Code Enforcement Officer, or by Class X manager. In either case, the test fee for the Class VI-A permit is Ten Dollars ($10.00). Holder must post permit at the facility they are employed by and attend a Board-approved annual safety school once every year. This does not prohibit any person, firm or corporation from filling his own equipment from his own supply line, or dispensing motor fuel from an approved limited access self-service dispenser. The annual fee for a Class VI-A permit is Thirty-Five Dollars ($35.00).
(8) Class VII - Cylinder Exchange Program Permit. The Class VII Cylinder Exchange Program Permit permits the holder to participate in the cylinder exchange program for odorized LP Gas only. A permit is required for each cylinder exchange location. Class VII locations may not become operational until a permit has been issued. Permits will not be issued until the proper fee has been paid and certificate of insurance is received by the LP Gas Administration. The annual fee for a Class VII permit is Eighty Five Dollars ($85.00). A Class VII Cylinder Exchange Program Permit holder shall obtain LP Gas for its cylinder exchange from a lawfully-permitted Class I dealer.
(9) Class VIII - Un-Odorized LPG Permit. Facilities obtaining un-odorized LP Gas in approved DOT cylinders or otherwise for use must obtain an Un-Odorized LPG Permit. To obtain a permit, detailed plans describing such use and location of cylinder storage, and any and all LP Gas plumbing in said facility must be submitted in writing and approved for any facility using un-odorized LP Gas in any manner. These plans must be submitted to the Administration Office along with the proper fee, and a successful on-site inspection must be performed by a Safety Code Enforcement Officer prior to final approval and before the introduction of LP Gas into the system. A plan review fee of Two Hundred and Fifty Dollars ($250.00) must accompany all plans submitted. The fee for inspection is Two Hundred and Fifty Dollars ($250.00), and it will be assessed for each and every inspection, including, but not limited to, failed inspections, annual re-inspections and any other re-inspection needed to check that identified hazards have been corrected. The annual fee for the Un- Odorized LPG Permit is Five Hundred Dollars ($500.00).
(10) Class IX - LP Gas Container Sales Permit. The Class IX Gas Container Sales Permit permits the holder to manufacture and/or sell LP Gas containers. This permit is required by both wholesalers and retailer. The annual fee for a Class IX permit is Seventy Dollars ($70.00).
(11) Class IX-A - Manufactured Homes and Recreation Sales Permit.
(A) The Class IX-A Manufactured Homes and Recreation Sales Permit permits the holder to manufacture, fabricate and sell all LP Gas facilities or systems used in manufactured homes, campers, recreational vehicles and portable buildings whether such LP Gas system is manufactured, fabricated or sold separately or as an integral part of such trailer, camper, recreational vehicle or portable building. The annual fee for a Class IX-A is Seventy Dollars ($70.00).
(B) This shall not be construed to require a permit for a sale by the owner of a manufactured home or recreational vehicle who is not engaged in such business on a commercial basis and does not make over two such sales in one year.
(12) Class X - Manager's Permit.
(A) A Class X Manager's permit is required for a person actively in charge of LP Gas operation for holder of Class I permit and at each separate branch or base of operation of a Class I permit. All Class X holders must be a full-time employee of said Class I holder. The annual fee for a Class X permit is One Hundred Fifty Dollars ($150.00).
(B) Before testing for a Class X permit, an applicant must meet the following requirements as approved by the Board:
(i) Hold an active Class IV or Class IV-D permit and employed under an active Class I Dealer for a minimum of three (3) years or equivalent; and
(ii) One (1) year of the minimum three (3) years required experience can be satisfied with forty (40) hours of specified training.
(C) Temporary exemptions for emergency conditions can be granted by the Administrator.
(13) Additional permits required for employees of Class I dealers. Class IV, IV-D, VI-A, X, and fuel handler permits are the only additional permits that may be required for the employees of a Class I dealer, or as may be required by future Board action.
(14) LP Gas Trailer, Bobtail or Cargo Tank inspections. For the purpose of defraying the cost and expenses of administering and enforcing this act, persons, firms and corporations shall also pay at the time of inspection an annual inspection fee of One Hundred Fifty Dollars ($150.00) for each LP Gas bobtail, MC 330 or MC 331 trailer or cargo tank that transports LP Gas in this State. All requirements imposed subsequent to these inspections must be met within thirty (30) days of the initial inspection. Failure to comply will necessitate a re-inspection at a charge of One Hundred Fifty Dollars ($150.00) for each inspection. The inspection fee shall increase to Three Hundred Dollars ($300.00) for each LP Gas bobtail, MC 330 or MC 331 trailer or cargo tank that transports LP Gas in this State if said LP Gas bobtail, MC 330 or MC 331 trailer or cargo tank is not initially inspected within sixty (60) days following the current permit expiration date, or if requirements imposed subsequent to the initial inspection are not completed within sixty (60) days of the initial inspection, whichever is later, or at the discretion of the Administrator.
(15) Containers or cylinders. There is hereby levied the following fee, to be paid to the Administrator, upon all first sales, purchases, rentals or uses in this state of liquefied petroleum gas containers or cylinders; on all Department of Transportation (DOT) cylinders, vehicle fuel containers, a fee of Three Dollars ($3.00) each, and on all other containers, a fee of Ten Dollars ($10.00) each.
420:10-1-14. Standards for the storage and handling of liquified petroleum gas [AMENDED]
(a) NFPA standards. The standards for the storage and handling of liquefied petroleum gases adopted by the National Fire Protection Association (NFPA) and published in its pamphlets No. 58, and the standards for the installation of gas appliances and gas piping adopted by said NFPA and published in its pamphlet No. 54 have been adopted by the Legislature in 52 O.S., Section 420.3(E) and shall be accepted standards for the State of Oklahoma. All Class I, Class II, and Class III permit holders must have a current electronic or paper copy of NFPA 58 and 54 available for use at each separate branch.
(b) Supplemental standards. The following standards are supplemental to NFPA pamphlet No. 58 and shall be part of the rules and regulations of the Oklahoma Liquefied Petroleum Gas Board:
(1) Definitions.
(A) The word "approved" as used in this section means acceptable to the State Liquefied Petroleum Gas Administrator. A device or system having materials or forms different from those detailed in this section may be examined and tested according to the intent of the regulations and if found equivalent, may be approved.
(B) In this section those provisions which are considered essential for adequate protection of life and property from fire are indicated by the words "shall" and "must."The words "should" or "preferably" indicate advisory provisions concerning which the State Liquefied Petroleum Gas Administrator of Oklahoma should be consulted.
(C) In each place mentioned in NFPA No. 54 and NFPA No. 58 where it refers to "the authority having jurisdiction" this would mean the Liquefied Petroleum Gas Administrator.
(D) An "important building" shall be any building, open to the public, or inhabited by people, in which any LP Gas system of any type is installed.
(2) Submittal of plans.
(A) Prior to the installation of new, or the modification of liquefied petroleum gas plumbing systems, excluding tank change outs, in school buildings, churches, courthouses, office buildings and other buildings to which the public is invited, such as cafes, dance halls, tourist courts and parks, plans and specifications for such installation in duplicate, shall be submitted to, and approved by, the State Liquefied Petroleum Gas Administrator, and before such systems are filled with liquefied petroleum gas, they shall be physically inspected and approved by a licensed installer and a report made by him or her to the State Liquefied Petroleum Gas Administrator on LPG Form 4, or its revision, furnished by the LP Gas Administrator's office.
(B) Plans must be submitted and approved on any dispenser used to fill DOT cylinders and/or ASME containers, and used for public resale of LP Gas, including unattended self-service LP Gas motor fuel dispenser stations. These plans must be submitted by a Class I permit holder to the Administration office along with the proper fee, and an onsite inspection must be performed by a Safety Code Enforcement Officer prior to final approval and before the dispenser can be placed into service. A One Hundred Dollar ($100.00) plan review fee must accompany all dispenser plans submitted. If a dispenser is taken out of service, written notice must be given to the Administration office within seven (7) working days. If a dispenser is moved to a new location, new plans must be submitted to the Administrator and onsite inspection performed by a Safety Code Enforcement Officer prior to final approval and dispenser being placed into service. A complete list of dispensers by location shall be submitted to the LP Gas Administration as indicated on Class I permit renewal forms.
(C) Plans must be submitted to, and approved, by the Administrator on any fixed installation with individual water capacity of 2,000 gallons or more, or aggregate water capacity exceeding 4,000 gallons.
(D) Plans must be submitted and approved for any facility using Un-Odorized LP Gas in any manner and a permit must be obtained pursuant to OAC 420:10-1-5(b)(9). These plans must be submitted to the Administration Office by the Class VIII permit holder or applicant proposing to service such facility with product, along with the proper fees. A successful on-site inspection must be performed by a Safety Code Enforcement Officer of the LP system prior to final approval and before the introduction of LP Gas and the system placed into service. A plan review fee of Two Hundred Fifty Dollars ($250.00) must accompany all plans submitted. The fee for inspection is Two Hundred Fifty Dollars ($250.00), and it will be assessed for each and every inspection, including, but not limited to, failed inspections, annual re-inspections and any other re-inspection needed to check that identified hazards have been corrected.
(3) Report of accident. In case of accident or fire at any location where a liquefied petroleum gas system or equipment is involved, or any accident involving liquefied petroleum gas systems or equipment, the dealer owning, operating or servicing the equipment or installation shall notify the State Liquefied Petroleum Gas Administrator. This notification shall be forwarded as soon as feasibly possible after the dealer has knowledge of the accident in order that an inspection may be made by the State Liquefied Petroleum Gas Administrator before the site has been disturbed.
(4) Piping - including pipe, tubing and fittings.
(A) No person, firm, or corporation shall connect a liquefied petroleum gas tank to any piping without having first determined that such piping complies with the laws of the State of Oklahoma and the rules and regulations of the State Liquefied Petroleum Gas Board relative to liquefied petroleum gas piping.
(B) All installations, installed after July 1, 2002, of storage containers, with more than 4,000 gallon water capacity, shall have internal valves installed as per NFPA 58.
(C) On installations of stationary or portable storage, with an aggregate of more than 4,000 gallon water capacity, a bulkhead approved by the LP Gas Administrator shall be required on each liquid line of one and one-half (1-1/2) inch or larger and each vapor line of one and one-quarter (1-1/4) inch or larger.
(5) Vaporizers and housings.
(A) The minimum capacity of the storage container feeding the vaporizer shall not be less than ten (10) times the hourly capacity of the vaporizer in gallons.
(B) The minimum capacity of a storage container being heated by a direct fired tank heater shall not be less than ten (10) times the hourly vaporizing capacity of the tank heater in gallons.
(6) Liquid metering systems. Each bulk retail delivery of liquid LP Gas shall be measured by a suitable LP Gas liquid meter system, except those deliveries of liquid LP Gas in cylinders which are filled by weight, deliveries of LP Gas vapor through vapor meters and a delivery of a full transport load from the terminal to the end-user with a bill of lading, are exempt from the requirements of this paragraph.
(A) LP Gas Liquid meters shall indicate deliveries in terms of gallons and to the nearest tenth of a gallon.
(B) The LP Gas liquid meter shall meet, in addition to the other requirements of this paragraph, the following requirements:
(i) The system shall include a device (such as a differential back-pressure regulator) so designed and installed that the product being measured will remain in a liquid state during passage through the meter.
(ii) No means shall be provided by which any measured liquid can be diverted from the measuring chamber, differential valve equipment or the discharge line therefrom.
(iii) Effective January 1, 1994, in accordance with the National Institute of Standards and Technology (NIST) Handbook 44, all LP Gas Liquid meters used for bulk delivery shall be designed with the necessary equipment for mechanically printing gallons on a delivery ticket and the customer served thereby shall be given a ticket mechanically imprinted by the printing device. The customer's name and Class I Dealer's name must be included on the metered ticket. Meters used for stationary dispensing of motor fuel will not be required to be equipped with such printing device.
(iv) All bulk metered sales of propane, via bobtail or transport, shall be made by temperature compensated measure. Except, any truck now operating without a temperature compensation meter shall be retrofitted by no later than July 1, 2003.
(C) All meters where product is sold to the public must be proved by an approved meter tester/inspector and have written certification on file at permit holder's place of business. Meters that are located on vehicles or that are otherwise moveable must be proved at least once every two calendar years; meters that are stationary must be proved at least once every four calendar years.
(i) All meters and temperature compensators must be accurate within the manufacturer's tolerance, not to exceed + or -1% at any time. The Administrator, at his or her discretion, may require a meter be proved to determine its accuracy at any time, even if such proving would be outside of or in addition to the two-year or four-year schedule established above.
(ii) The LP Gas liquid meter system shall be designed and constructed to provide for applying lead-and-wire seals in such a manner that no modifications or adjustments which would affect the accuracy of deliveries, can be made without mutilating the seal or seals. If a seal is broken, notification must be made to the Administrator and the seal must be resealed by a Safety Code Enforcement Officer, an approved meter tester, or a person approved by the Administrator.
(D) No dealer or firm controlled or affiliated with a dealer may calibrate or certify its own meters. All meters must be tested with a volumetric meter prover.
(7) Qualified personnel. Each holder of an LP Gas permit shall be responsible for having qualified personnel operating and installing LP Gas equipment.
(8) Filling unsafe or unapproved dispensing or storage tanks prohibited. No person, firm, or corporation shall introduce liquefied petroleum gas into a dispensing or storage tank in the State with knowledge that such dispensing or storage tank or piping is known to be in an unsafe operating condition.
(9) Standards for containers.
(A) In accordance with 52 O.S., Section 420.5, all first sales, rentals, purchases or uses of DOT cylinders and ASME tanks in this State, must have Oklahoma Identification tags attached to such cylinders or tanks. However, all DOT cylinders and ASME tanks in Oklahoma, with a manufacturer's date prior to September 1, 1993, are not required to have Oklahoma Identification tags. These Oklahoma Identification tags are not transferable from one cylinder or tank to another.
(B) Any new container sold or installed in Oklahoma for use in this State shall carry a five-year warranty covering workmanship and material. This warranty shall provide that any container not in compliance with this regulation must be repaired or replaced by the fabricator at no expense to the dealer or customer. This provision is to take care of "pin-hole" leaks in the weld that were not detected at the time of fabrication and does not apply to fittings.
(C) All registered permit holders shall conspicuously mark any containers it owns with "property of:" and the owner's name so that the owner of any given container can be easily identified. Containers owned by one permit holder shall only be filled or used by another permit holder upon authorization of the permit holder owning the container. In all instances, a consumer’s authorization to fill a container shall be required before filling it.
(D) Any stationary storage container converted from anhydrous ammonia to propane shall be converted as follows:
(i) The container shall be purged of anhydrous ammonia by water flooding, steam or other methods described by the National Propane Gas Association's (NPGA) Recommendation for Prevention of Ammonia Contamination; and
(ii) It shall then be properly purged with propane vapor and tested with the red litmus paper as described in NFPA 58 or by any other test approved by the Board; and
(iii) The test shall be completed by the permit holder that performs the conversion; and
(iv) The results shall be documented and shall contain the container manufacturer, water capacity, serial number, the results of the test, the capacity of the relief valve, the date of the test, and the signature of the permit holder conducting the test. A copy of the results shall be provided to the owner of the container;
(v) Any dealer filling a converted anhydrous ammonia container for the first time shall either be provided a copy of the test or complete the test as described above; and
(vi) The container shall meet all requirements of NFPA 58.
(10) Underground containers.
(A) Underground containers must be installed by an individual who:
(i) Is properly permitted by the LP Gas Administration with a Class X or Class IV permit; and
(ii) Has completed Board-approved Cathodic Protection training. Documentation of proof of completion of training must be provided upon request.
(B) Underground containers shall be dug up at the expense of the owner at any time at the discretion of the State Liquefied Petroleum Gas Administrator.
(11) Minimum storage. All new Class I permit holders must provide bulk propane storage capacity of not less than an aggregate of 18,000 water gallons. The minimum storage must be maintained and operational, with installation approved by the authority having jurisdiction, and within a fifty (50) mile radius of the corporate office or branch location. The minimum storage shall be considered maintained if the area meets the requirements of NFPA 58, the rules and regulations established by the Board and is kept reasonably clear of long, dry grass, weeds, debris, and any other combustible material. Any exceptions to the minimum storage requirement may be granted by the Board. Current active Class I permit holders, as of September 1, 1994, are not required to meet this minimum storage requirement. After a change of ownership, the new Class I permit holder must secure the minimum storage requirement within one year.
(12) Painting. All bulk storage containers of a capacity 120 gallons water capacity or greater shall be painted a heat reflection color.
(13) Lettering bulk storage and dispensers.
(A) All bulk storage 2,000 gallons and above shall be lettered with the name of the contents, such as LP Gas, butane, propane, and a "No Smoking" sign in letters not less than six (6) inches high.
(B) In addition to subparagraph (A) of this paragraph, all bulk storage used for loading and unloading facilities, and all container filling storages (dispensers) shall include the name of the person, firm, or corporation operating the bulk storage or dispenser and their phone number in letters not less than two (2) inches high. This information shall be placed so as to be readily visible to the public.
(C) All size bulk storage containers owned by a registered permit holder shall be conspicuously marked with "property of:" and the owner's name so that the owner can be easily identified.
(14) Extinguishers required. Extinguishers of the dry chemical type, with a B:C or A:B:C rating, are required. Extinguishers shall have a net content of not less than the current NFPA 58 requirements and shall be inspected at least once each year by an authorized inspector such as Fire Department's or Fire Appliance Company representatives. Current weatherproof inspection tags shall be attached to the extinguisher.
(15) Marking cargo vehicles. Every tank vehicle used for transportation of liquefied petroleum gas shall be marked and placarded according to current DOT requirements. Each tank vehicle must also have the name of the person, firm or corporation on each side of the cargo tank in letters a minimum of two (2) inches in height. This information shall be placed so as to be readily visible to the public. This name shall be the same as permit holder has designated on the Class I or Class II permit.
(16) Parking and garaging LP gas tank vehicles. Any tank vehicle used for transportation of liquefied petroleum gas shall not be parked beneath or adjacent to any electric transmission line in such position that there is a possibility of a conductor contacting the tank in event of breakage.
(17) Filling unapproved truck, trailer or cargo tanks prohibited.
(A) An inspection form, when properly completed, and an LPG registration decal (the serial number of which is shown on the inspection form), shall be evidence that the liquefied petroleum gas truck, trailer or cargo tank described on the inspection form by its serial number has been approved by the Liquefied Petroleum Gas Administrator for use in the transportation of liquefied petroleum gas. Such LPG registration decal and inspection form also shall authorize the person, firm or corporation whose name appears on the inspection form or its bona fide employees to operate the truck or trailer tank described on the inspection form, and further shall authorize the filling of such truck, trailer or cargo tank with liquefied petroleum gas.
(B) The LPG registration decal shall be displayed at all times in an easily visible location on the left front of the cargo tank, which is on the driver's side. A copy of the inspection form shall be retained, until the expiration date, in the office of the person, firm or corporation whose name appears thereon. It will not be necessary to keep or display a copy of the inspection form on the truck, trailer or cargo tank.
(C) No person, firm or corporation shall operate a truck, trailer or cargo tank in the transportation of liquefied petroleum gas in this State unless such person, firm or corporation has been issued an LPG registration decal and an inspection form certifying that such tank has been registered with and approved by the State Liquefied Petroleum Gas Administrator, or unless its operation has been specifically approved by a communication from the State Liquefied Petroleum Gas Administrator.
(D) The LPG registration decal and the inspection form required in this paragraph are not transferable by the person, firm or corporation to whom they are issued or from one truck, trailer or cargo tank to another, and they are not to be used after the expiration date of the fiscal year for which they were issued, or in the event the Class I or Class II permit becomes inactive.
(18) Vaporizers. Exhaust gases shall not be used as a direct means of heat supply for the vaporization of fuel.
(19) Stationary engines in building.
(A) All engine rooms shall be well ventilated at the floor level.
(B) When engines are installed below grade level, suitable floor level mechanical exhaust ventilation shall be provided and operated continuously, or adequate means shall be provided to purge the room before the engine is started. In any case the mechanical ventilation shall be in operation when the engine is running. Before and during any repairs to the engine the room shall be ventilated.
(C) Automatic fire doors shall be provided at openings in the engine room that open into other sections of the building.
(D) Exhaust gases shall be discharged outside the building in a manner that will not create a fire or any other hazard.
(E) Regulators and pressure relief valves installed in buildings and engine rooms shall be vented to the outside and discharge at least five (5) feet away from any building opening. Such venting will not be required for combination engine fuel vaporizing - fuel reducing - fuel metering devices, provided that an acceptable automatic shut-off valve is installed immediately ahead of such devices.
(20) Storage outside of buildings. Valves and safety relief devices shall be protected against accumulations of ice and snow. Protective caps shall be deemed adequate.
(21) Appliances. Any mobile home, travel trailer, camper or recreational vehicle shall be delivered to the buying public by the permit holder with the system properly installed and free of leaks.
(22) Maximum vapor pressure and container working pressure.
(A) The maximum vapor pressure of the product at 100-degree Fahrenheit which may be transferred to a container shall not exceed the design working pressure of the container. Exception: 200 psig ASME working pressure vessels in LP Gas service in Oklahoma prior to January 1, 1994, may be continued in service for commercial propane, provided that they are fitted with relief valves and meet the start-to-leak setting in relation to the design pressure of the container, shall be in accordance with NFPA 58. For the purpose of this exception, "commercial propane" is defined as having a vapor pressure not in excess of 210 psig at 100-degree Fahrenheit. This exception does not apply to LP Gas motor fuel and mobile fuel containers.
(B) Any stationary 200 psig ASME containers brought into Oklahoma from out of state and intended for stationary LP Gas installation in Oklahoma at any facility requiring submission of plans and specification must be tested by at least two (2) of the following nondestructive test methods recognized by ASME to determine if the container or assembly is safe for LP Gas use in Oklahoma. The following test results must be submitted to the Oklahoma LP Gas Administration for approval.
(i) Hydrostatic test;
(ii) Ultrasonic thickness test; and
(iii) Wet particle fluorescent or magnaflux.
(23) Testing, leakage and visual inspection, and meter calibration.
(A) Hydrostatic testers operating in Oklahoma that are hydrostatic testing cargo containers for LP Gas use in Oklahoma must be approved by the Oklahoma LP Gas Board and shall:
(i) Hold a Federal C.T. number;
(ii) Include in their testing the use of a calibrated pressure chart recorder; and
(iii) Hold a Class IV installer permit.
(B) Leakage and visual inspectors operating in Oklahoma and performing this inspection on cargo containers and their systems for LP Gas use in Oklahoma must be approved by the Oklahoma LP Gas Board and meet the following requirements:
(i) Inspectors shall hold a Federal C.T. number; and
(ii) If the inspection includes repairs that require the LP Gas system to be re-plumbed, a Class IV permit is required.
(C) Meter calibrators operating in Oklahoma that are calibrating meters for LP Gas use in Oklahoma must be approved by the Oklahoma LP Gas Board and meet the following requirements:
(i) Meters shall be tested in accordance with OAC 420:10-1-14(b)(6);
(ii) Meter calibrators shall furnish the meter owner a copy of the calibration showing the correct gear numbers and temperature compensator settings;
(iii) Meter calibration results shall be on a form approved by the LP Gas Administrator and a copy of the completed form shall be furnished to the meter owner:
(iv) Meter calibrators shall hold a Class IV permit; and
(v) Meter calibration testers shall test meters according to National Institute of Standards and Technology (NIST) standards.
(24) Cylinder exchange stations.
(A) Cylinder exchange cabinets shall be constructed as per NFPA 58.
(B) The cabinet shall have the following signs affixed to it and readily visible to the public:
(i) "Propane" or "Flammable Gas" and "No Smoking" in letters not less than two (2) inches high;
(ii) "Net Weight ___ lbs." with the net weight of the cylinders to be specified, all of which shall be displayed on the front of the cabinet in letters not less than two (2) inches high;
(iii) Name of Class I permit holder who supplies the cylinders; and
(iv) 24-hour Emergency telephone number.
(C) The cabinet shall be located for distance and number of cylinders as per NFPA 58.
(D) The cylinder storage area shall be kept free of wood, debris and other combustible/flammable material not necessary to the storage for a distance of ten (10) feet, not to include the construction materials of the building itself.
(E) Protection against vehicle impact shall be provided in accordance with good engineering practice where vehicle traffic normally is expected at the location, as per NFPA 58.
(F) A fire extinguisher shall be provided, as per NFPA 58.
(G) A warning sign shall be posted at or near any entrance doorway stating the "LP GAS EXCHANGE CYLINDERS EMPTY OR FULL SHALL NOT BE TAKEN INDOORS FOR ANY REASON."
(H) The Class I permit holder shall provide safety training materials to the Class VII permit holder. The Class VII permit holder is responsible for providing appropriate safety information to the individual exchanging the cylinder. This documentation of training will be kept by the Class VII permit holder at the Class VII location.
(I) Automated cylinder exchange cabinets that include an automated vending system for exchanging cylinders shall comply with the following additional requirements:
(i) Electrical equipment installed in cylinder storage compartments shall comply with the requirements for Class I, Division 2 equipment in accordance with NFPA 70, National Electrical Code;
(ii) Cabinets shall be designed such that cylinders can be placed inside only in the upright position;
(iii) Door releases for access to stored cylinders shall be permitted to be pneumatic, mechanical or electrically powered;
(iv) A manual override control shall be permitted for use by authorized personnel; and
(v) The vending system shall not be capable of returning to automatic operation after a manual override until the system has been inspected and reset by authorized personnel.
(J) A Class I permit shall be required in order to supply exchange cylinders for the cylinder exchange permit holder.
(K) A busy sidewalk and thoroughfare, as referenced in NFPA 58, shall be further defined as not being located on private property. A busy sidewalk is alongside a public road and a thoroughfare is a public road.
(25) Recreational vehicles. Installations or repairs on LP Gas systems on recreational vehicles shall be performed as per NFPA 1192, Standard on Recreational Vehicles.
(26) Minimum installation and performance standards of unattended self-service LP Gas motor fuel dispenser stations.
(A) Unattended self-service LP Gas motor fuel dispenser stations shall meet the applicable sections of the rules and regulations of the Oklahoma Liquefied Petroleum Gas Board and NFPA 58.
(B) Any unattended self-service LP Gas motor fuel dispenser shall also meet all Alternative Provisions for Installations of ASME containers found in NFPA 58 regardless of tank size. This includes Redundant Fail-Safe Product Control and Low Emission Transfer requirements.
(C) The delivery valve and nozzle combination shall be designed, installed, and operated, so that LP Gas will not be released unless the valve is correctly attached to the filler coupling on the receiving valve of the LP Gas motor fuel container.
(D) To maintain minimum performance standards, the following shall be considered minimum system performance requirements:
(i) Dispensing rate minimum of eight (8) gallons per minute (GPM) per manufacturer's specifications; and
(ii) Vehicle fueling area, ground where vehicle is parked, shall be reasonably level to allow for complete fuel fills.
(E) The dispenser shall have the following signs affixed to the dispenser and readily visible to the public:
(i) Step by step operating instructions, approved in advance by the Administrator;
(ii) A warning sign(s) stating, "WARNING, STATE LAW PROHIBITS FILLING ANY PORTABLE DOT CONTAINERS AT THIS DISPENSER" and "All vehicles refueling at this dispenser must have an appropriate ASME container fitted with an operational OPD valve" in letters not less than two (2) inches high;
(iii) Proper name of LP Gas being dispensed, as specified by federal regulations at CFR-Title 49, in letters not less than two (2) inches high;
(iv) "No Smoking" in letters not less than two (2) inches high;
(v) 24-hour emergency telephone number in letters not less than two (2) inches high; and
(vi) Name of the Class I permit holder that services the dispenser, in letters not less than two (2) inches high.
[OAR Docket #26-524; filed 6-8-26]
TITLE 435. State Board of Medical Licensure and Supervision
CHAPTER 1. ADMINISTRATION AND ORGANIZATION
[OAR Docket #26-481]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
435:1-1-6. Rulemaking procedures [AMENDED]
435:1-1-7. Fees [AMENDED]
435:1-1-10. Duties of the Secretary/Medical Advisor [AMENDED]
AUTHORITY:
Title 59 O.S. §489; Oklahoma State Board of Medical Licensure and Supervision
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 8, 2025
COMMENT PERIOD:
November 3, 2025 through December 4, 2025
PUBLIC HEARING:
December 5, 2025
ADOPTION:
December 18, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 19, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rule amendments are necessary to comply with current law, including the provisions of SB443, which became effective on July 1, 2025. The amendments include providing rulemaking clarity by citing to the proper legal authority, removing references to the Medical Advisor in compliance with current law, and simplifying the fee structure to more accurately reflect the fees charged. Please note that that we are not adding any new fees.
CONTACT PERSON:
Barbara J. Smith, Executive Secretary, Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma 73105, (405) 962-1422, bsmith@okmedicalboard.org.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
435:1-1-6. Rulemaking procedures [AMENDED]
(a) Submission of data. Prior to the adoption, amendment, or repeal of any rule, the Board shall afford any interested person a reasonable opportunity to submit data, views, or arguments, orally or in writing, to the Board concerning the proposed action on the rule. Should the proposed action on a rule affect one’s substantive rights, the opportunity for an oral hearing will be granted if requested in writing by an individual or by an association. If no substantive rights are involved, the opportunity for oral arguments or views is in the discretion of the Board. The Board shall decide whether any substantive rights are involved.
(b) Petition on rules. Any interested person may petition the Board requesting the promulgation, amendment, or repeal of a rule. The petition shall be filed with the Secretary of the Board and shall set forth in writing, clearly and concisely, all matters pertaining to the requested action and reasons for the request. The request should also state whether there is someone known to the petitioner who is concerned with the subject and should be notified of the hearing.
(c) Hearing of petition. The Board, at the next regularly scheduled session after the completion of notice or at a special meeting specified in the notice, will hear the petition and notify the petitioner of the ruling within twenty (20) days after the decision. The Board may, at its discretion, postpone the discussion and ruling of the petition until the next regularly scheduled meeting or at a special meeting and all parties shall be notified of the postponement.
(d) APA notice requirements. In any rulemaking action, whether initiated by the Board or by petition, the Board shall comply with the current notice requirements in the Administrative Procedures Act [75 O.S., Section 301 et seq.].
(e) Notice of rulemaking proceedings. The notice shall be provided to all interested persons who have made a request of the Board for advance notice of the rulemaking proceedings, according to statute or who were specified in the petition for the rules, and shall be published in the Oklahoma Gazette or its successor publication. Twenty (20) days time shall be calculated from the date of the mailing of notice or the publication, whichever is later.
(f) Place for hearings. Unless otherwise specified by the Board as stated in the notice, all hearings shall be conducted in the offices of the Board.
(g) Appearance at rulemaking hearings. Any person who is interested in or affected by a proposed action may appear at a rulemaking hearing. An appearance may be made individually, by an attorney, or by an authorized agent.
(h) Emergency rules. Emergency rules may be adopted by the Board without the prescribed notice and hearing in accordance with the provisions of the Administrative Procedures Act in regard to emergency rules. The Board shall comply with the rulemaking requirements in the Administrative Procedures Act in Title 75 O.S. 250 §§ et seq and Chapter 10 in Title 655 of the Oklahoma Administrative Code.
435:1-1-7. Fees [AMENDED]
(a) Fee schedule. The Board shall fix the amount of the fees so that the total fees collected will be sufficient to meet the expenses of administering the provisions as set for in Title 59 O.S., Section§§ 495c and 511 of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act provided, the Board shall not set the fees at an amount in excess of the amounts listed in this subsection.
(1) Licensure/registration. The following fees shall be assessed for licensure and registration:
(A) Medical Doctor - Full license
(i) Initial application Application processinglicensure fee - $500.00
(ii) Temporary license - $250.00
(B) Medical Doctor - Special license. Special training application processing fee - $250.00 (This fee may be applied toward the application processing fee in (a)(1)(A)(i) of this section when the special license was issued forfirst year post graduate training purposes.)
(C) Physician Assistants
(i) Initial application for licensure fee - $150.00
(ii) Application to practice fee - $50.00
(D) Physical Therapist
(i) Initial application licensure Application processing fee - $100.00$150.00
(ii) License - $50.00
(E) Physical Therapist Assistant
(i) Initial application licensure Application processing fee - $100.00$135.00
(ii) Reprocessing fee - $30.00
(iii) License - $35.00
(iv)(ii) Temporary permit - $25.00
(F) Athletic Trainer (i) Initial application licensure Application processing fee - $120.00$145.00
(ii) Reprocessing fee - $35.00
(iii) License - $25.00
(G) Apprentice athletic trainer (i) Initial application licensure Application processing fee - $25.00$30.00
(ii) License - $5.00
(H) Licensed Dietitian-(i) Initial application licensure Application processing fee - $60.00$120.00
(ii) License - $60.00
(I) Provisional licensed dietitian-(i) Initial application licensure Application processing fee - $15.00$30.00
(ii)) License -$15.00
(J) Occupational therapist-(i) Initial application licensure Application processing fee - $70.00$120.00
(ii) License - $50.00
(K) Occupational therapy assistant-(i) Initial application licensure Application processing fee - $70.00$120.00
(ii) License - $50.00
(L) Registered electrologists-(i) Initial application licensure Application processing fee -$30.00$60.00
(ii) License - $30.00
(M) Respiratory Care - Full license. Initial application licensure Application processing fee - $100.00
(N) Respiratory Care - Provisional license. Initial application licensure Application processing fee - $100.00
(O) Licensed Pedorthists- Initial application processinglicensure fee -$180.00
(P) Licensed Orthotist/Prosthetist- Initial application processinglicensure fee -$300.00
(Q) Registered Orthotist/Prosthetist Assistant- Initial application processinglicensure fee -$100.00
(R) Registered Orthotist/Prosthetist Technician- Initial application processinglicensure fee -$60.00
(S) Radiologist Assistant- Initial application processinglicensure fee - $100.00
(T) Anesthesiology Assistant- Initial application processinglicensure fee - $150.00
(U) Therapeutic Recreation Specialist- Initial application processinglicensure fee - $125.00
(V) Licensed Professional Music Therapist- initial licenseInitial application licensure fee - $50.00
(2) Renewal/reregistration of license/registration. The following fees shall be assessed for renewal/reregistration:
(A) Medical License – Full Licensure
(i) Application for annual reregistration fee - $200.00
(ii) Reactivation processingLate fee - $350.00
(iii) Reinstatement of license - $500.00
(B) Medical License – Special License
(i) Application for annual reregistration fee for special training - $150.00
(ii) Application for annual reregistration fee for special limited - $175.00
(iii) Reactivation processing fee for special training - $200.00
(iv) Reactivation processing fee for special limited - $250.00
(v) Reinstatement processing fee for special training - $250.00
(C) Physical Therapist
(i) Application for annualAnnual renewal fee - $50.00$90.00
(D) Physical Therapist Assistant
(i) Application for annualAnnual renewal fee - $35.00$60.00
(ii) Renewal processing fee - $25.00(iii)(ii)Late fee (After January 31Up to 90 days) - $15.00
(E) Physician Assistants
(i) Application for annual reregistrationAnnual renewal fee - $125.00
(ii) Late renewal fee - $225.00$100.00
(F) Athletic Trainer
(i) Application for annual renewalprocessing fee - $45.00$55.00
(ii) Annual renewal fee - 10.00(iii)(ii) Late fee (Up to one year) - $60.00
(G) Apprentice Athletic Trainerathletic trainer
(i) Application for annual renewalprocessing fee - $10.00$15.00
(ii) Annual renewal fee - 5.00(iii)(ii)Late fee(Up to one year) - $10.00
(H) Licensed Dietitian/provisional licensed dietitianProvisional Licensed Dietitian
(i) Application for annualAnnual renewal fee - $100.00
(ii) PenaltyLate fee (after October 31up to 90 days) - $50.00
(iii) PenaltyLate fee (after January 31Up to 1 year) - $100.00
(I) Occupational therapist/occupational therapy assistantTherapist/Occupational Therapy Assistant
(i) Application for annual renewalprocessing fee - $80.00$100.00
(ii) Annual renewal fee - 20.00(iii)(ii)Late renewalfee (after October 31up to 1 year) - $20.00
(J) Registered electrologistsElectrologists
(i) Application processingfor annual renewal fee - $25.00$50.00
(ii) Late fee (up to 30 days) $50.00(ii) Annual renewal fee - $25.00
(K) Respiratory Care - Full license
(i) Application for biennialBiennially renewal fee - $100.00
(ii) Reinstatement - renewalLate fee (up to 30 days)plus $120.00
(L) Respiratory Care - Provisional license – Application for six month renewal fee - $100.00
(M) Licensed Pedorthist
(i) Application for annualAnnual renewal fee - $60.00
(ii) Late fee (up to 30 days late) -$30.00
(iii) Late fee (30 days to 1 year late) -$60.00
(iv) Reinstatement fee - $180.00
(N) Licensed Orthotist/Prosthetist
(i) Application for biennialBiennial renewal fee -$150.00
(ii) Late fee (up to 30 days late) -$60.00
(iii) Late fee (30 days to 1 year late) -$120.00
(iv) Reinstatement fee -$300.00
(O) Registered Orthotist/Prosthetist Assistant
(i) Application for biennialBiennial renewal fee -$100.00
(ii) Late fee (up to 30 days late) - $60.00
(iii) Late fee (30 days to 1 year late) - $120.00
(iv) Reinstatement fee - $100.00
(P) Registered Orthotist/Prosthetist Technician
(i) Application for biennialBiennial renewal fee - $60.00
(ii) Late fee (up to 30 days late) - $60.00
(iii) Late fee (30 days to 1 year late) - $120.00
(iv) Reinstatement fee - $60.00
(Q) Radiologist Assistants
(i) Application for biennialBiennial renewal fee - $200.00
(ii) Late renewal fee (up to 30 days) - $300.00
(R) Anesthesiology Assistants
(i) Application for biennialBiennial renewal fee - $150.00
(ii) Late renewal fee (up to 30 days) - $250.00
(S) Therapeutic Recreation Specialist
(i) Application for biennialBiennial renewal fee - $100.00
(ii) Late renewal fee (up to 30 days) - $125.00
(T) Licensed Professional Music Therapists.- Application for biennial Biennial renewal fee - $50.00
(3) Duplication or modification of license/registration. The following fees shall be assessed for duplication or modification of a license/registration:
(A) Medical License (Full) - $60.00
(B) Physician Assistant - $30.00
(C) Physical Therapist - $60.00
(D) Physical Therapy Assistant - $30.00
(E) Athletic Trainer - $30.00
(F) Licensed Dietitian - $30.00
(G) Provisional Licensed Dietitian - $30.00
(H) Occupational Therapist - $30.00
(I) Occupational Therapy Assistant - $30.00
(J) Special license - $30.00
(K) Respiratory Care - $30.00
(L) Licensed Pedorthist -$30.00
(M) Licensed Orthotist/Prosthetist -$30.00
(N) Registered Orthotist/Prosthetist Assistant -$30.00
(O) Registered Orthotist/Prosthetist Technician -$30.00
(P) Radiologist Assistant - $60.00
(Q) Anesthesiologist Assistant - $60.00
(R) Therapeutic Recreation Specialist - $30.00
(4) Miscellaneous fees. The following miscellaneous fees shall be assessed by the Board:
(A) Written verification of license/registration - $25.00
(B) Web based services
(i) On-line monthly database subscription fee - $60.00 (Three hundred (300) query returns included)
(ii) 301 to 350 queries per month - $0.60 per return
(iii) 351 to 400 queries per month - $0.30 per return
(iv) 401 and above queries per month - $0.15 per return
(v) Other reports from the OMB database, or statistical reports, or by electronic mail - $120.00/hour, minimum of one (1) hour.
(C) Certification of public records (per page) - $1.00
(D) Duplication of public records (per page) - $0.25
(E) Issuance of subpoena - $6.00
(F) Payment reprocessing fee - $30.00
(G) Rate for Investigations for other agencies or bodies - at cost with deposit of $120.00 required to initiate investigation
(H) Premedical or Medical Education Qualifications Review - at cost with deposit of $120.00 required to initiate action
(I) Monitoring fees for Agreements: Actual costs of any testing or monitoring provided for in the Agreement.
(J) Disciplinary action fees:
(i) Probation fees - $150.00 per month.
(ii) Investigation/Prosecution fees - actual cost incurred.
(K) Filing of motions:
(i) Request for Specialty Board Certification under 435:10-7-2 - $120.00
(ii) Priority issuance of subpoena or duces tecum subpoena within seven (7) days of hearing - $15.00
(L) Administrative fine for practicing after revocation of license pursuant to 59 O.S. 491B - $5,000 per day
(M) Letter of Incorporation - $5.00(N)(M) Board publications fee - at printing cost
(b) Submission of fees.
(1) All fees assessed by the Board as set out in the fee schedule in (a) of this section shall be received prior to processing an application for licensure or certification.
(2) All fees are non-refundable for licensing and application.
435:1-1-10. Duties of the Secretary/Medical Advisor [AMENDED]
(a) The Secretary/Medical Advisor of the Board is hereby hiredBoard may appoint a Secretary pursuant to 59 O.S. § 487 to perform duties to include, but not be limited to, the following:
(1) Perform all duties and obligations specified in Oklahoma statutes and elsewhere in the Board rules.
(2) Function on behalf of the Board and represent the Board in all matters in the interim period between Board meetings.
(3) Make final review and sign all licenses and certificates.
(b) The Secretary/Medical Advisor is not a voting member of the Board, but a representative of the Board and liaison for the Board in all matters of law, rules or directives of the Board.
(c) Further duties of the Secretary/Medical Advisor shall include, but not be limited to, the provision of medical and other advice and assistance as is necessary in the review and investigation of complaints and actions before the Board, to assist staff in all licensure matters, to sign subpoenas and administer oaths, and to bring civil actions as set forth in (d) of this section.
(d) Pursuant to the authority of 59 O.S.§ 48759 O.S. Supp. 1994, Sec. 491.1, the Board may appointdesignates to the Secretary/Medical Advisor the authority to carry out the statutory duties of the Board.initiate injunctive actions to prevent the unlicensed or uncertified practice of any profession under the authority of the Board, to seek declaratory ruling to ascertain the proper scope of the Act and any other act which the board has the duty to enforce and administer, to bring civil actions for the recovery of debts owed to the Board by defendants in administrative actions, to enforce subpoenas issued by the Board or any Board member, and/or to seek District Court enforcement of Board orders.
(e) The Secretary/Medical Advisor shall apprise the Board of any action initiated at the next Board meeting following filing of the action. The Board, in its discretion, may vote to instruct the Secretary/Medical Advisor to dismiss any action filed if possible under District Court rules and in the best interest of the agency.
(f)(e) At any time the Secretary/Medical Advisor, with the concurrence of the President of the Board, determines that an emergency exists for which the immediate suspension of a license is necessary, the Secretary/Medical Advisor may conduct a hearing pursuant to 75 O.S. Sec. § 314 to suspend such license temporarily upon a showing of clear and convincing evidenceprobable cause of unprofessional conduct. The Secretary/Medical Advisory shall comply with all notice requirements of the Administrative Procedures Act and immediately set the matter for full hearing before the Board in compliance with the Administrative Procedures Act and the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act.
(g)(f) The Secretary/Medical Advisor may designate the duties set forth in (c)and (e) of this section to the Executive Director during the absence of the Secretary/Medical Advisor.
[OAR Docket #26-481; filed 6-3-26]
TITLE 435. State Board of Medical Licensure and Supervision
CHAPTER 5. DISCIPLINARY ACTIONS
[OAR Docket #26-482]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
435:5-1-5.2. Suspension/revocation upon conviction of a felony [AMENDED]
435:5-1-6.1. Reinstatement requirements [AMENDED]
435:5-1-8. Physicians on probation [AMENDED]
AUTHORITY:
Title 59 O.S. §489; Oklahoma State Board of Medical Licensure and Supervision
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 8, 2025
COMMENT PERIOD:
November 3, 2025 through December 4, 2025
PUBLIC HEARING:
December 5, 2025
ADOPTION:
December 18, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 19, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
435:5-1-5.2 [AMENDED]
Gubernatorial Approval:
November 10, 2025
Register Publication:
43 Ok Reg 339
Docket Number:
25-897
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rule amendments are necessary to comply with current law, including the provisions of SB 443 mandating that the Board revoke a license of a person who has pled to a felony. Additional amendments are technical corrections.
CONTACT PERSON:
Barbara J. Smith, Executive Secretary, Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma 73105, (405) 962-1422, bsmith@okmedicalboard.org.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
435:5-1-5.2. Suspension/revocation upon conviction of a felony [AMENDED]
(a) The Board may suspend the license of a person who has been convicted of a felony.
(b) The Board shall revoke the license of a person licensed by the Board who has a final felony conviction or any plea of a felony.
(c) The Board shall restore the license if the person's conviction is overturned on final appeal.
435:5-1-6.1. Reinstatement requirements [AMENDED]
An applicant for reinstatement after suspension, revocation or surrender in lieu of prosecution pursuant to 59 O.S. § 503 shall meet all application requirements in effect at the time reinstatement is requested, be of good moral character and have reimbursed the Board for taxed costs or worked out a repayment plan satisfactory to the Board. In addition, the Board may require the applicant to meet the continuing medical education (C.M.E.)(CME) requirements.
435:5-1-8. Physicians on probation [AMENDED]
It is the determination by the Board that allied health professionals that require surveillance of a licensed physician shouldshall not be supervised by physicians on probation.
[OAR Docket #26-482; filed 6-3-26]
TITLE 435. State Board of Medical Licensure and Supervision
CHAPTER 7. ADMINISTRATIVE REMEDIES
[OAR Docket #26-483]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
435:7-1-1. Administrative remedy, notice of intention to impose administrative remedy, and service of notice [AMENDED]
AUTHORITY:
Title 59 O.S. §§ 489, 503.2; Oklahoma State Board of Medical Licensure and Supervision
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 8, 2025
COMMENT PERIOD:
November 3, 2025 through December 4, 2025
PUBLIC HEARING:
December 5, 2025
ADOPTION:
December 18, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 19, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rule amendments clarify that the Board can impose an administrative remedy on a licensee who fails to cooperate with a CME audit conducted by the Board.
CONTACT PERSON:
Barbara J. Smith, Executive Secretary, Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma 73105, (405) 962-1422, bsmith@okmedicalboard.org.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
435:7-1-1. Administrative remedy, notice of intention to impose administrative remedy, and service of notice [AMENDED]
(a) Pursuant to 59 S.Supp.2019, §503.2, the State Board of Medical Licensure and Supervision ("Board"), or the Board Secretary ("Board Secretary") acting for the Board, may issue a Notice against a licensee for statutory or regulatory prescribed unprofessional conduct.
(b) All administrative remedies as defined in 59 O.S. 503.2 are applicable to any and all professional licenses under the legislative jurisdiction of the board.
(c) For the purposes of this section, "unprofessional conduct" includes but is not limited to:
(1) Practicing without timely renewing a license;
(2) Failure to provide required or accurate information on an initial licensure application;
(3) Failure to provide required or accurate information on a renewal application;
(4) Failure to timely obtain required continuing education hours;
(5) Failure to notify Board of current practice location and mailing address;
(6) Failure to cooperate with a lawful investigation conducted by the Board; or
(7) Failure to register with the prescription monitoring program (PMP) in compliance with state; or
(8) Failure to cooperate with a CME audit conducted by the Board.
(d) Before an administrative remedy is imposed, the licensee shall be provided with a Notice of Intention to Impose Administrative Remedy ("Notice"). The Notice shall include:
(1) Sufficient information regarding the allegations to allow the licensee to prepare a response;
(2) The proposed administrative remedy;
(3) Statement of the time, place, and nature of hearing consistent with Article II of the Administrative Procedures Act;
(4) Deadlines for a written response and the consequences of failing to meet such deadlines;
(5) The licensee's right to submit a written response right to appear at the hearing;
(6) The consequences of the imposition of an administrative remedy, including the fact that the remedy will constitute a public record but that it will not be considered a limitation and restriction on the license and not reportable to the National Practitioner Databank;
(7) A description of the procedural process for consideration of a written response and request for a personal appearance; and
(8) The name and contact information for a Board staff member who can provide further information.
(e) A copy of the Notice shall be mailed to the licensee by certified mail, return receipt requested and delivery restricted to the addressee, to the address on file with the Board, or by personal service. A licensee may consent in writing to service via electronic mail message.
[OAR Docket #26-483; filed 6-3-26]
TITLE 435. State Board of Medical Licensure and Supervision
CHAPTER 10. PHYSICIANS AND SURGEONS
[OAR Docket #26-485]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
435:10-1-1. Purpose [AMENDED]
435:10-1-3. Limited liability company [AMENDED]
435:10-1-4. Definitions [AMENDED]
Subchapter 4. Application and Examination Procedures for Licensure as Physician and Surgeon
435:10-4-2. Board jurisdiction [AMENDED]
435:10-4-4. Application procedure [AMENDED]
435:10-4-5. Additional requirements for foreigninternational medical school graduate applicants [AMENDED]
435:10-4-6. Medical licensure examination [AMENDED]
435:10-4-7. Licensure by endorsement [AMENDED]
Subchapter 5. Approval of Hospitals and Programs for Post-Graduate Training
435:10-5-1. Determination of hospitals and programs approved for post-graduate training [AMENDED]
435:10-5-2. Suspension from hospitals and programs approved [AMENDED]
Subchapter 7. Regulation of Physician and Surgeon Practice
435:10-7-1. Physicians dispensing dangerous drugs [AMENDED]
435:10-7-2. Use of Board certification [AMENDED]
435:10-7-4. Unprofessional conduct [AMENDED]
435:10-7-9. Disposal of human tissue [AMENDED]
435:10-7-10. Annual reregistration [AMENDED]
435:10-7-11. Use of controlled substances for the management of chronic pain [AMENDED]
435:10-7-13. Telemedicine [AMENDED]
Subchapter 11. Temporary and Special Licensure
435:10-11-3. Procedure for special licensure [AMENDED]
435:10-11-3.1. Special license for post-graduate training [AMENDED]
Subchapter 13. Supervision of Physician Assistants and Advanced Practice Registered Nurses with Prescriptive Authority
435:10-13-1. Purpose [AMENDED]
435:10-13-2. Eligibility to supervise physician assistants and advanced practice registered nurses with prescriptive authority [AMENDED]
435:10-13-3. Supervision of an advanced practice registered nurse with prescriptive authority [NEW]
Subchapter 15. Continuing Medical Education
435:10-15-1. Continuing medical education [AMENDED]
Subchapter 19. Special Volunteer Medical License
435:10-19-1. Purpose [AMENDED]
435:10-19-2. Procedure for volunteer license [AMENDED]
AUTHORITY:
Title 59 O.S. §§ 479, 489, 503.2; Oklahoma Board of Medical Licensure and Supervision
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 8, 2025
COMMENT PERIOD:
November 3, 2025 through December 4, 2025
PUBLIC HEARING:
December 5, 2025
ADOPTION:
December 18, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 19, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
435:10-4-4 [AMENDED]
435:10-4-5 [AMENDED]
435:10-4-6 [AMENDED]
435:10-13-1 [AMENDED]
435:10-13-2 [AMENDED]
435:10-13-3 [NEW]
435:10-4-5 [AMENDED]
435:10-4-6 [AMENDED]
435:10-13-1 [AMENDED]
435:10-13-2 [AMENDED]
435:10-13-3 [NEW]
Gubernatorial Approval:
November 10, 2025, November 10, 2025
Register Publication:
43 Ok Reg 340, 43 Ok Reg 344
Docket Number:
25-898, 25-899
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rule amendments are necessary to comply with current law, specifically the provisions of SB 443, HB 2050 and HB 2298. The proposed amendments update and correct citations, including technical corrections, allow post-graduate medical training from The American Society of Transplant Surgeons (ASTS), update requirements for foreign medical school graduates, add a process for requesting an exception to licensure by examination requirements, add requirements for supervision of advanced practice registered nurses with prescriptive authority, and clarify the process for a special medical license. Amendments are necessary to align the rules with current processes of the Board.
CONTACT PERSON:
Barbara J. Smith, Executive Secretary, Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma 73105, (405) 962-1422, bsmith@okmedicalboard.org.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
435:10-1-1. Purpose [AMENDED]
The rules in this Chapter describe application processes for licensure by examination and endorsement. It includes provisions for foreigninternational medical graduates. This Chapter also describes rules for the approval of hospitals and programs for post-graduate training and other regulations of the practice of physicians and surgeons.
435:10-1-3. Limited liability company [AMENDED]
Based on the enactment of 18 O.S., Supp. 1992, Section 2000 et seq. (SB456, 1992 Oklahoma Legislature), the Oklahoma State Board of Medical Licensure and Supervision recognizes that a lawfully formed and organized limited liability company, domestic limited liability company, or foreign limited liability company is a lawful business organization wherein an Oklahoma licensed physician may practice medicine and surgery.
435:10-1-4. Definitions [AMENDED]
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 Allopathic Medical and Surgical Licensure and Supervision Act, 59 O.S. §§ 480 et seq.
"APA" means either or both Article I and Article II, as applicable of the Administrative Procedures Act, 75 O.S.1991, §§ 250 et seq., as amended.
"Applicant" means a person who applies for licensure from the Board.
"Board" means the Oklahoma Board of Medical Licensure and Supervision.
"Distant site" means the location of medical doctor providing care via telecommunications systems.
"ForeignInternational applicant" means an applicant who is a graduate of a foreignan international medical school.
"ForeignInternational medical school" means a medical school located outside of the United States.
"Originating site" means the location of the patient at the time the service being furnished via a telecommunications system occurs.
"Patient" means the patient and/or patient surrogate.
"Physician/patient relationship" means a relationship established when a physician agrees by direct or indirect contact with a patient to diagnose or treat any condition, illness or disability presented by a patient to that physician, whether or not such a presenting complaint is considered a disease by the general medical community. The physician/patient relationship shall include a medically appropriate, timely-scheduled, actual face-to-face encounter with the patient, subject to any supervisory responsibilities established elsewhere in these rules except as allowed in OAC 435:10-7-12 in this Subchapter. The act of scheduling an appointment, whether by a physician or by a physician's agent, for a future evaluation will not in and of itself be considered to establish a physician/patient relationship.
"Remote patient monitoring services" means the delivery of home health services using telecommunications technology to enhance the delivery of home health care including monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose and other condition-specific data, medication adherence monitoring and interactive video conferencing with or without digital image upload.
"Supervision and Control" means the physical presence of the supervising physician in the office or operating suite before, during and after the treatment or procedure and includes diagnosis, authorization and evaluation of the treatment or procedure with the physician/patient relationship remaining intact.
"Surrogate" means individuals closely involved in patients' medical decision-making and care and include:
(A) spouses or partners;
(B) parents;
(C) guardian; and
(D) other individuals involved in the care of and/or decision-making for the patient.
"Telemedicine" means technology-enabled health and care management and delivery systems that extend capacity and access, which includes:
(A) synchronous mechanisms, which may include live audiovisual interaction between a patient and a health care professional or real-time provider to provider consultation through live interactive audiovisual means,
(B) asynchronous mechanisms, which include store and forward transfers, online exchange of health information between a patient and a health care professional and online exchange of health information between health care professionals, but shall not include the use of automated text messages or automated mobile applications that serve as the sole interaction between a patient and a health care professional,
(C) remote patient monitoring, and
(D) other electronic means that support clinical health care, professional consultation, patient and professional health-related education, public health and health administration.
SUBCHAPTER 4. APPLICATION AND EXAMINATION PROCEDURES FOR LICENSURE AS PHYSICIAN AND SURGEON
435:10-4-2. Board jurisdiction [AMENDED]
(a) The jurisdiction of the Board extends, for the purposes of 59 O.S. § 492 to allopathic medical practices. It is the duty of the Board to enforce licensure requirements for persons who perform any act contemplated by 59 O.S. § 492 (C) or any other provision of the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act. The Board construes licensure requirements of the Act to extend to residents and interns in any medical post-graduate training program in accordance with 59 O.S. § 492 (D)(1). Interns shall obtain a special training license to practice pursuant to Subchapter 11 of this Chapter. In special circumstances, residents beyond the first year of post-graduate training may extend a special training license for continuance of training, renewable annually.
(b) The Board construes “allopathic” to refer to any medical or surgical procedure, drug or act reasonably and/or normally performed or undertaken by an allopathic physician consistent with the education and training of an allopathic physician.
435:10-4-4. Application procedure [AMENDED]
(a) An applicant for licensure by the Board shall provide the Board with all information required pursuant to 59 O.S. § 493.1 on forms created therefore by staff. In addition, an applicant shall provide either original documents required thereby or notarized or certified duplicates. Academic records may be provided by submission of certified transcripts from all applicable schools.
(b) The applicant shall be forthright and open in the provision of information to the Board in the application process. No applicant shall be awarded a license who does not provide the Board with complete, open and honest responses to all requests for information.
(c) Any Board member may request an applicant to provide any additional information the Board member feels is necessary or useful to determine the applicant's ability to practice medicine and surgery in the application process which is raised by any response by an applicant to any question or request for information on the application form.
(d) The applicant shall present proof of graduation from an approved medical school and possess a valid degree of Doctor of Medicine or its equivalent, as applicable. The Board will accept as proof the original diploma conferred or a notarized copy thereof, but may request additional written information or verification from the Dean or other authority from the applicant's medical school.
(e) The applicant shall provide written verification of successful completion of at least twelve (12) months of progressive post-graduate medical training in a program approved by The American Council on Graduate Medical Education (ACGME), The Royal College of Physicians and Surgeons of Canada, The College of Family Physicians of Canada, The Royal College of Surgeons of Edinburgh, The Royal College of Surgeons of England, The Royal College of Physicians and Surgeons of Glasgow, or The Royal College of Surgeons in Ireland, or the American Society of Transplant Surgeons (ASTS). The Board requires this training to be obtained in the same medical specialty. The Board will not accept combinations of months from multiple specialties as evidence of one (1) year of acceptable training for licensure; except that the Board will accept transitional residencies. It shall be the burden of the applicant to provide information as to the progressive nature of the post-graduate training. The Board construes progressive training to be that which steadily increases the student's duties and responsibilities during the training and which prepares the student for increasingly difficult medical challenges. If Fellowships are used to meet post-graduate education requirements, the Fellowships must be approved by the American Council on Graduate Medical Education (ACGME) or be conducted in an ACGME approved facility. Clerkships shall not constitute necessary medical post-graduate training required for licensure.
(f) The applicant shall be candid in regard to the provision of information related to any academic misconduct or disciplinary action.
(g) The applicant shall be provided a copy of the Act and Board rules on unprofessional conduct. The applicant shall review such rulesthe Act and Board rules and shall list all sanctions, judgments, awards, settlements, or convictions and state candidly and honestly whether the applicant has committed any act which would constitute grounds for disciplinary action by the Board under the Act and rules of the Board.
(h) The applicant shall take and complete the jurisprudence examination prepared by the staff. Seventy-five percent (75%) or above shall be a passing grade. The examination shall cover the Act and any other significant statute, rule or material related to the practice of medicine and surgery in this state. The applicant shall be provided a copy ofaccess to all statutes, rules or other material from which the examination was created and may review such material while taking the jurisprudence examination. An applicant who fails the jurisprudence examination three (3) times shall be required to meet with the Secretary in order to devise a study plan prior to taking the jurisprudence examination again. The Board has determined that the jurisprudence examination is an integral part of the application process. A passing score on the jurisprudence examination is a requirement for licensure.
(i) The applicant shall pay all necessary fees related to the application for licensure.
(j) It is the responsibility of the applicant to verify the applicant's identity and the validity of any documents or information submitted to the Board in the licensure process.
(k) The Board must be in receipt of correspondence from the National Practitioner Databank (NPDB) and Federation of State Medical Boards (Federation) prior to issuance of any medical license. Should information be found through correspondence with the NPDB, Federation, or other sources that was previously unknown to the Board, the application will be held until such time as the Secretary of the Board is satisfied that the information has been validated by the Staff.
(l) An applicant may withdraw an application for licensure at any time prior to a final decision of the Board.
(m) An applicant for reinstatement for failure to renew pursuant to 59 O.S. s.s.§ 495d shall meet all application requirements in effect at the time reinstatement is requested, be of good moral character and shall provide proof that continuing education requirements have been met.
(n) In accordance with 59 O.S. 4100.4(A), the Board will review education, training, and experience completed by the individual as a member of the Armed Forces or Reserves of the United States, National Guard of any state, or the Naval Militias of any state, and apply it in the manner most favorable toward satisfying the qualifications of issuance of the requested license or certification or approval for license examination in this state.
(o) In accordance with 59 O.S. 4150.1, the Board will honor the requirements in the Universal Licensing Act.
435:10-4-5. Additional requirements for foreigninternational medical school graduate applicants [AMENDED]
(a) It is the intent of the Board to provide graduates of foreigninternational medical schools equal opportunity in the licensure process. All foreigninternational applicants shall meet the requirements of 435:10-4-4. Additional requirements set forth in this Section are used solely for the purpose of ensuring the validity of the foreigninternational applicant's fitness to practice and ability to work in the United States.
(b) Graduates of foreigninternational medical schools whose documents are not printed in the English language shall provide all original documents in the manner of 435:10-4-4. In addition, foreigninternational graduates shall identify a credible translator of applicant's documents. United States Consulates and formal educational foreign language programs from an institution accredited by the North Central Association of Colleges and Schools are approved to provide translations to the Board.
(c) Effective January 1, 2004, any applicant that graduated from a foreignan international medical school after July 1, 2003 and completed clerkships in the United States, those clerkships must have been done in hospitals, schools or facilities that are accredited by the appropriate accrediting body, Accreditation Council for Graduate Medical Education. The Board may direct staff to contact an applicant's medical school to obtain any necessary information related to the school or the applicant. In the event the Board is unable to verify information related to an applicant or the applicant's medical school, the Board may in its discretion reject the applicant's application.
(d) An applicant from a foreigninternational medical school shall provide the Board with proof of successful completion of twenty-four (24) months of progressive post-graduate medical training, obtained in the same medical specialty, from a program approved by:
(1) The American Council on Graduate Medical Education (ACGME);
(2) The Royal College of Physicians and Surgeons of Canada;
(3) The College of Family Physicians of Canada;
(4) The Royal College of Surgeons of Edinburgh;
(5) The Royal College of Surgeons of England;
(6) The Royal College of Physicians and Surgeons of Glasgow; or
(7) The Royal College of Surgeons in Ireland.; or
(8) The American Society of Transplant Surgeons (ASTS).
(e) A foreignAn international applicant shall provide the Board with written proof of the applicant's ability to work in the United States as authorized by the United States Immigration and Naturalization ServiceDepartment of Homeland Security.
(f) The Board requires original source verification of Educational Commission for Foreign Medical Graduates (ECFMG) Certification for all international medical school graduates to include Canadian medical school graduates after July 1, 2025. For Canadian medical school graduates prior to July 1, 2025, the Board required original source verification from the Medical Council of Canada (MCC). The Board shall waive this requirement for applicants ineligible to obtain ECFMG Certification, such as Fifth Pathway graduates and graduates from Canadian Medical Schools.
(g) Any international medical school graduate that does not meet the criteria in paragraphs a-f of this section may apply for licensure in Oklahoma pursuant to 59 O.S. §493.2
435:10-4-6. Medical licensure examination [AMENDED]
(a) The Board has adopted the USMLE as its standard licensure exam. The passing score for the licensure examination is set at seventy-five percent (75%) or the 3-digit minimum passing score scale as set by the USMLE program.
(b) The Board recognizes as acceptable for licensure the USMLE, NBME, FLEX and LMCC examinations. However, the Board will not accept test scores or combined FLEX scores from multiple sittings. In addition, the Board will accept the following combinations of those examinations:
(1) NBME part I or USMLE step 1, plus NBME part II or USMLE step 2, plus NBME part III or USMLE step 3;
(2) FLEX component 1 plus USMLE step 3; or
(3) NBME part I or USMLE step 1, plus NBME part II or USMLE step 2, plus FLEX component 2.
(c) The factoring of scores or combination of scores taken from separate examinations is acceptable only as set forth in (b)(1) through (b)(3) of this Section.
(d) All steps of the licensure examination must be passed withingwithin ten (10) years unless otherwise prohibited by applicable law. However, the Board may review exception requests on a case by case basis.
(e) The following applies to all applicants regarding examination failures unless otherwise prohibited by applicable law:
(1) Any applicant who fails any part of a licensing examination three times will not be eligible for a license.An applicant must pass the licensing exam consistent with the policies and procedures regarding the number of attempts established by the United States Medical Licensing Examination Program. A score of incomplete shall be considered a failing score. The USMLE Step 2 Clinical Skills examination was last administered on March 16, 2020. Examinees with a failing outcome may not have an opportunity to retest. The USMLE defines successful completion of its examination sequence as passing Step 1, Step 2 Clinical Knowledge and USMLE Step 3.
(2) If a combination of NBME, FLEX and/or USMLE is utilized, any applicant who has failed more than six (6) examinations will not be eligible for a license.
(3) If an applicant has achieved certification by an American Board of Medical Specialties (ABMS) Board, American Board of Physician Specialties (ABPS), or National Board of Physicians and Surgeons (NBPAS), an exception to 435:10-4-6 (e)(1) and (2) may be granted by a vote of the Board.
(4) An exception to 435:10-4-6(e)(1) may be granted by a vote of the Board for good cause shown. The applicant shall apply for an exception in writing detailing the reason for the requested exception. The Board shall require a personal appearance from the applicant.
(f) As with the initial application, the Board may make additional inquiry of the applicant to provide additional information as necessary.
435:10-4-7. Licensure by endorsement [AMENDED]
(a) The Board may license an applicant by endorsement based upon the applicant's current license in another state, the District of Columbia, U.S. territory, or Canada and who has passed a medical licensure examination allowed by 59 O.S. § 493.3(A)(2), and who has complied with all other current licensure requirements of the Act.
(b) The Board has approved for the purpose of a medical licensure examination the FLEX, USMLE, National Board and LMCC examinations or acceptable combinations thereof. All steps of the licensure examination must be passed within ten (10) years unless otherwise prohibited by applicable law. However, the Board may review exception requests on a case by case basis.
(c) The following applies to all applicants regarding examinations failures unless otherwise prohibited by applicable law:
(1) Any applicant who fails any part of a licensing examination three times will not be eligible for a license An applicant must pass the licensing exam consistent with the policies and procedures regarding the number of attempts established by the United States Medical Licensing Examination Program. A score of incomplete shall be considered a failing score. The USMLE Step 2 Clinical Skills examination was last administered on March 16, 2020. Examinees with a failing outcome may not have an opportunity to retest. The USMLE defines successful completion of its examination sequence as passing Step 1, Step 2 Clinical Knowledge and USMLE Step 3.The USMLE Step 2-Clinical Knowledge and Step 2-Clinical Skills shall be considered as separate steps.
(2) If a combination of NBME, FLEX and/or USMLE is utilized, any applicant who has failed more than six (6) examinations will not be eligible for a license.
(3) If an applicant has achieved certification by an American Board of Medical Specialties (ABMS) Board, American Board of Physician Specialties (ABPS), or National Board of Physicians and Surgeons (NBPAS), an exception to 435:10-4-7 (c) (1) and (2) may be granted by a vote of the Board.
(d) To apply for licensure by endorsement, an applicant shall submit an application as required by 435:10-4-4 and 435:10-4-5, as applicable.
(e) In addition, the applicant shall provide information to the Board, on a form created by the Board, in regard to the applicant's current license and previous examination.
SUBCHAPTER 5. APPROVAL OF HOSPITALS AND PROGRAMS FOR POST-GRADUATE TRAINING
435:10-5-1. Determination of hospitals and programs approved for post-graduate training [AMENDED]
In order to properly enforce the provisions of 59 O.S. Section§ 493.1(c) relative to post-graduate training, the State Board of Medical Licensure and Supervision shall each year approve sponsoring institutions and their programs which are acceptable for post-graduate training in Oklahoma.
(1) In determining which sponsoring institutions and programs shall be approved for post-graduate training, this Board shall consider among other things, the qualifications of physician educators serving in residencies and fellowships in said sponsoring institutions and other facilities for giving first yearproviding post-graduate training. Physicians not eligible for full and unrestricted licensure in Oklahoma shall not be considered by this Board as qualified to train post-graduate residents.
(2) In determining the sponsoring institutions and programs that shall be approved for first year post-graduate training, fellowship, and residency programs, the Board shall consider as evidence of acceptability the sponsoring institution's accreditation by the Accreditation Council for Graduate Medical Education (ACGME) or The American Society of Transplant Surgeons (ASTS).
(3) Each sponsoring institution shall appoint an institutional official responsible for meeting reporting requirements. The following list of reportable incidents shall be reported to the Board within thirty (30) days of a final action on the part of the sponsoring institution or program:
(A) Whether any disciplinary actions relating to unprofessional conduct (as defined in Title 59 O.S., §509 and OAC 435:10-7-4) were taken against a resident or fellow physician in the post-graduate training program.
(B) Whether a fellow or resident physician has failed to advance in the residency or fellowship program for reasons of unprofessional conduct.
(C) Whether a fellow or resident physician has been placed on restriction by the program director for reasons of unprofessional conduct.
(D) Whether any fellow or resident physician has been dismissed or terminated from the training program and the reasons for such action.
(E) Whether any fellow or resident physician has resigned from the training program while under investigation for program violations, misconduct, or unprofessional conduct.
(F) Whether any fellow or resident physician has been referred by the program director to a substance abuse program, unless the resident physician enrolls in an impaired physician program approved by the Board.
(4) Failure to report unprofessional conduct or the inability to practice safely may be grounds for disciplinary action against the supervising physician.
435:10-5-2. Suspension from hospitals and programs approved [AMENDED]
Any hospital or program appointing any person as a fellow, assistant resident, or resident physician or permitting anyone to practice medicine in such hospital or program without a license or special training license to practice medicine in Oklahoma may be suspended from the Board's list of hospitals and programs approved for post-graduate training. It shall be the duty of the hospital and/or medical school appointing such fellow, assistant resident, or resident to ascertain that such appointees hold a license to practice in Oklahoma at the time they begin post-graduate training. The hospital or program must submit within 30 days after the commencement of said employment the name and licensure information to include license number on each fellow, assistant resident or resident physician.
SUBCHAPTER 7. REGULATION OF PHYSICIAN AND SURGEON PRACTICE
435:10-7-1. Physicians dispensing dangerous drugs [AMENDED]
In compliance with Title 59 O.S. §§ 355.1, all medical doctors who desire to dispense “dangerous drugs” to patients must comply with all requirements thereof.
(1) Annual Any medical doctor who desires to dispense “dangerous drugs,” as defined by 59 O.S., §§ 353.1, et seq., to patients must register annually with the Board on forms provided by the Board. Registration as a dispensing physician may be combined with annual renewal of licensure in order to simplify the process.
(2) Records made available The record required by the Oklahoma Pharmacy Act, shall be available to inspection and copying by investigators of the Board during normal business hours.
435:10-7-2. Use of Board certification [AMENDED]
Allopathic physicians in Oklahoma who may lawfully claim to be “Board Certified” or “Certified by” or a “Diplomat” or “Fellow” are physicians who have provided evidence of successful completion of all requirements for certification by a member Board boards of the organization of American Board of Medical Specialties (ABMS), American Board of Physician Specialties (ABPS), National Board of Physicians and Surgeons (NBPAS), or by any other organization whose program for the certification requested has been approved by the Board. Physicians requesting to be “Board Certified” or “Certified by" or a “Diplomat” or “Fellow” by a program not approved by the Board mustshall make a formal request to the Board, complete the Non-ABMSNon-Recognized Board Certification Application and pay the appropriate fee pursuant to 435:1-1-7(a)(4)(K)(i). The physician will be notified when their matter will be heard by the Board and mustshall be present to address any questions by the Board. The Board may require the certification organization to appear with the requesting physician.
435:10-7-4. Unprofessional conduct [AMENDED]
The Board has the authority to revoke or take other disciplinary action against a licensee or certificate holder for unprofessional conduct. Pursuant to 59 O.S. Section 509, “Unprofessional Conduct” shall be considered to include:
(1) Indiscriminate or excessive prescribing, dispensing or administering of Controlled or Narcotic drugs.
(2) Prescribing, dispensing or administering of Controlled substances or Narcotic drugs in excess of the amount considered good medical practice or prescribing, dispensing or administering controlled substances or narcotic drugs without medical need in accordance with published standard.
(3) The habitual or excessive use of any drug which impairs the ability to practice medicine with reasonable skill and safety to the patient.
(4) Issuing prescriptions for Narcotic or Controlled drugs to minors in violation of 63 O.S. Sections 2601 through 2606, as amended.
(5) Purchasing or prescribing any regulated substance in Schedule I through V, as defined by the Uniform Controlled Dangerous Substances Act, for the physician’s personal use.
(6) Dispensing, prescribing or administering a Controlled substance or Narcotic drug without medical need.
(7) The delegation of authority to another person for the signing of prescriptions for either controlled or non-controlled drugs, except as provided for in 59 O.S.
(8) Fraud or misrepresentation in applying for or procuring a medical license or in connection with applying for or procuring periodic reregistration of a medical license.
(9) Cheating on or attempting to subvert the medical licensing examination(s).
(10) The conviction of a felony or any offense involving moral turpitude whether or not related to the practice of medicine and surgery.
(11) Conduct likely to deceive, defraud, or harm the public.
(12) Making a false or misleading statement regarding skill or the efficacy or value of the medicine, treatment, or remedy prescribed by a physician or at a physician’s direction in the treatment of any disease or other condition of the body or mind.
(13) Representing to a patient that an incurable condition, sickness, disease, or injury can be cured.
(14) Willfully or negligently violating the confidentiality between physician and patient to the detriment of a patient except as required by law.
(15) Gross or repeated negligence in the practice of medicine and surgery.
(16) Being found mentally incompetent or insane by any court of competent jurisdiction; commitment to an institution for the insane shall be considered prima facie evidence of insanity of any physician or surgeon.
(17) Being physically or mentally unable to practice medicine and surgery with reasonable skill and safety.
(18) Practice or other behavior that demonstrates an incapacity or incompetence to practice medicine and surgery.
(19) The use of any false, fraudulent, or deceptive statement in any document connected with the practice of medicine and surgery.
(20) Practicing medicine and surgery under a false or assumed name.
(21) Aiding or abetting the practice of medicine and surgery by an unlicensed, incompetent, or impaired person.
(22) Allowing another person or organization to use a physician’s license to practice medicine and surgery.
(23) Commission of any act of sexual abuse, misconduct, or exploitation related or unrelated to the licensee’s practice of medicine and surgery.
(24) Prescribing, selling, administering, distributing, ordering, or giving any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug for other than medically accepted therapeutic purposes.
(25) Except as otherwise permitted by law, prescribing, selling, administering, distributing, ordering, or giving to a habitue or addict or any person previously drug dependent, any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug.
(26) Prescribing, selling, administering, distributing, ordering, or giving any drug legally classified as a controlled substance or recognized as an addictive dangerous drug to a family member or to himself or herself. Provided that this paragraph shall not apply to family members outside the second degree of consanguinity or affinity. Provided further that this paragraph shall not apply to medical emergencies when no other medical doctor is available to respond to the emergency.
(27) Violating any state or federal law or regulation relating to controlled substances.
(28) Obtaining any fee by fraud, deceit, or misrepresentation, including fees from Medicare, Medicaid, or insurance.
(29) Employing abusive billing.
(30) Directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, though this prohibition shall not prohibit the legal function of lawful professional partnerships, corporations, or associations.
(31) Disciplinary action of another state or jurisdiction against a license or other authorization to practice medicine and surgery based upon acts of conduct by the licensee similar to acts or conduct that would constitute grounds for action as defined in this section, a certified copy of the record of the action taken by the other state or jurisdiction being conclusive evidence thereof.
(32) Failure to report to the Board any adverse action taken against him or her by another licensing jurisdiction (United States or foreign), by any governmental agency, by any law enforcement agency, or by any court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section.
(33) Failure to report to the Board surrender of a license or other authorization to practice medicine and surgery in an other state or jurisdiction, or surrender of membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section.
(34) Any adverse judgment, award, or settlement, or award arising from a medical liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section.
(35) Failure to transfer pertinent and necessary medical records to another physician in a timely fashion when legally requested to do so by the subject patient or by a legally designated representative of the subject patient.
(36) Improper management of medical records.
(37) Failure to furnish the Board, its investigators or representatives, information lawfully requested by the Board.
(38) Failure to cooperate with a lawful investigation conducted by the Board.
(39) Violation of any provision(s) of the medical practice act or the rules and regulations of the Board or of an action, stipulation, or agreement of the Board.
(40) The inability to practice medicine and surgery with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. To enforce this paragraph, the Board may, upon probable cause, request a physician to submit to a mental or physical examination by physicians designated by it. If the physician refuses to submit to the examination, the Board shall issue an order requiring the physician to show cause why he will not submit to the examination and shall schedule a hearing on the order within thirty (30) days after notice is served on the physician. The physician shall be notified by either personal service or by certified mail with return receipt requested. At the hearing, the physician and his attorney are entitled to present any testimony and other evidence to show why the physician should not be required to submit to the examination. After a complete hearing, the Board shall issue an order either requiring the physician to submit to the examination or withdrawing the request for examination. The medical license of a physician ordered to submit for examination may be suspended until the results of such examination are received and reviewed by the Board.
(41) Failure to provide a proper setting and assistive personnel for medical actacts, including but not limited to examination, surgery, or other treatment. Adequate medical records to support treatment or prescribed medications must be produced and maintained.
(42) Failure to inform the Board of a state of physical or mental health of the licensee or of any other health professional which constitutes or which the licensee suspects constitutes a threat to the public.
(43) Failure to report to the Board unprofessional conduct committed by another physician.
(44) Abuse of physician’s position of trust by coercion, manipulation or fraudulent representation in the doctor-patient relationship.
(45) Engaging in physical conduct with a patient which is sexual in nature, or in any verbal behavior which is seductive or sexually demeaning to a patient.
(46) Engaging in predatory sexual behavior.
(47) Any doctor licensed in Oklahoma using that license for practice in another state, territory, district or federal facility who violates any laws in the state in which he/she is practicing or any federal, territorial or district laws that are in effect in the location in which he/she is using his/her Oklahoma license to practice.
(48) Causing, or assisting in causing, the suicide, euthanasia or mercy killing of any individual; provided that it is not causing, or assisting in causing, the suicide, euthanasia or mercy killing of any individual to prescribe, dispense or administer medical treatment for the purpose of alleviating pain or discomfort in accordance with Oklahoma Administrative Code 435:10-7-11, even if such use may increase the risk of death, so long as it is not also furnished for the purpose of causing, or the purpose of assisting in causing, death for any reason.
(49) Failing to obtain informed consent, based on full and accurate disclosure of risks, before prescribing, dispensing, or administering medical treatment for the therapeutic purpose of relieving pain in accordance with Oklahoma Administrative Code 435:10-7-11 where use may substantially increase the risk of death.
(50) Failure to establish a physician/patient relationship prior to providing patient-specific medical services, care or treatment, except in a clearly emergent, life threatening situation.
(51) Failing to supervise, delegate, or oversee appropriately by not providing direct and indirect supervision as required by the Board's laws and rules, not maintaining adequate records of supervision, delegating services to unqualified individuals, failing to assume full responsibility for services provided by supervisees, offering services without appropriate supervision, or failing to be available for communication.
(52) Performing gender transition procedures, as defined in 63 O.S. Section 2607.1, on a person under eighteen (18) years of age.
435:10-7-9. Disposal of human tissue [AMENDED]
(a) The following words and terms, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:
(1) "Conviction", as used in 59 O.S. Section 509.2 shall mean a finding, by the Board, that a physician did violate any provision of this Section.
(2) "Human tissue" means all parts of the human body recognizable as such without the use of specialized equipment.
(3) "Physician" means a person licensed under the provisions of Title 59 O.S., Section 481 et seq.
(b) All human tissue, which is collected in the course of the diagnosis and/or treatment of any human condition by a doctor of allopathic medicine, his employee or agent, must be handled in one of the following ways:
(1) Sent for analysis and possible retention as a surgical specimen;
(2) Sent for autopsy;
(3) Sent for embalming and burial in accordance with accepted interment standards; or
(4) Sent for disposal by incineration in a pathological incinerator in the same manner as hazardous medical waste is handled under the applicable state statutes, rules and regulations.
(c) Nothing herein shall preclude the doctor's right to use human tissue for the treatment of disease or injury. Likewise, the doctor shall have the right to assist in arranging appropriate donations through the processes of the Anatomical Board, under the provisions of the Anatomical Gift Act or the preservation of human tissue for other legitimate educational purpose in any accredited educational endeavor.
(d) In no event shall any person knowingly dispose of any human tissue in a public or private dump, refuse or disposal site or place open to public view.
(e) Any allopathic physician who violates or whose employees or agents violate this Section shall, upon conviction in a hearing before the Board, be fined an amount not to exceed Ten Thousand Dollars ($10,000).
(f) A presumption of compliance occurs once the attending physician has executed one of these methods of handling and his responsibility is deemed fulfilled. In no event shall the allopathic physician be responsible for the acts or omissions of any other licensed professional, independent contractor or other indirect assistant incidental to the ultimate disposal of human tissue by any of the designated methods.
435:10-7-10. Annual reregistration [AMENDED]
(a) On an annual basis, each person licensed by the Board shall reregister with the Board. Reregistration shall be conducted during the month of initial licensure of each individual licensee by the Board. Each licensee shall provide to the Board all information required by the Board pursuant to statute, 59 O.S. ssSection 495a.1, in a form approved by the Board.
(b) It shall be the affirmative duty of each licensee to comply with reregistration requirements. No grace period shall be allowed.
435:10-7-11. Use of controlled substances for the management of chronic pain [AMENDED]
The Board has recognized that principles of quality medical practice dictate that the people of the State of Oklahoma have access to appropriate and effective pain relief and has adopted the following criteria when evaluating the physician’s treatment of pain, including the use of controlled substances:
(1) Evaluation of the patient. A medical history and physical examination must be obtained, evaluated and documented in the medical record. Medical records shall remain current and be maintained in an accessible manner, readily available for review. The medical record shall document: ,
(A) the medical history and physical examination (including vital signs),
(B) effect of the pain on physical and psychological function and history of substance abuse,
(C) diagnostic, therapeutic and laboratory results,
(D) evaluations, consultations and follow-up evaluations,
(E) treatment objectives,
(F) discussion of risks and benefits,
(G) informed consent,
(H) treatments,
(I) medications (including date, type, dosage and quantity prescribed),
(J) instructions and agreements and
(K) periodic reviews.
(2) Treatment plan. The written treatment plan should state objectives that will be used to determine treatment success, such as pain relief and improved physical and psychosocial function, and should indicate if any further diagnostic evaluations or other treatments are planned. After treatment begins, the physician should adjust drug therapy to the individual medical needs of each patient. Other treatment modalities or a rehabilitation program may be necessary depending on the etiology of the pain and the extent to which the pain is associated with physical and psychosocial impairment.
(3) Patient-Provider Agreement. The physician should discuss the risks and benefits of the use of controlled substances with the patient, persons designated by the patient or with the patient’s surrogate or guardian if the patient is without medical decision-making capacity. The patient should receive prescriptions from one physician and one pharmacy whenever Ifthe patient is at high risk for medication abuse or has a history of substance abuse,. theThe physician shall consider the use of a written agreement between physician and patient outlining patient responsibilities, including:
(A) urine/serum medication levels screening when requested;
(B) number and frequency of all prescription refills; and
(C) reasons for which drug therapy may be discontinued (e.g. violation of agreement).
(4) Periodic review. The physician should periodically review the course of pain treatment and any new information about the etiology of the pain or the patient’s state of health. Continuation or modification of controlled substances for pain management therapy depends on the physician’s evaluation of progress toward treatment objectives. Satisfactory response to treatment may be indicated by the patient’s decreased pain, increased level of function or improved quality of life. Objective evidence of improved or diminished function should be monitored and information from family members or other caregivers should be considered in determining the patient’s response to treatment. If the patient’s progress is unsatisfactory, the physician should assess the appropriateness of continued use of the current treatment plan and consider the use of other therapeutic modalities.
(5) Consultation. The physician should be willing to refer the patient, as necessary, for additional evaluation and treatment in order to achieve treatment objectives. Special attention should be given to those patients with pain who are at risk for medication misuse, abuse or diversion. The management of pain in patients with a history of substance abuse or with a comorbid psychiatric disorder may require extra care, monitoring, documentation and consultation with or referral to an expert in the management of such patients.
(6) Compliance with controlled substances laws and regulations. To prescribe, dispense or administer controlled substances, the physician must be licensed in Oklahoma and comply with applicable federal and state laws. and Physicians are referred toshould reference the Physicians Manual of the U.S. Drug Enforcement Administration for specific rules governing controlled substances as well as applicable state regulations.
435:10-7-13. Telemedicine [AMENDED]
Unless otherwise prohibited by law, a valid physician-patient relationship may be established by an allopathic physician with a patient located in this state through telemedicine, provided that the physician:
(1) Holds a license to practice medicine in this state;
(2) Confirms with the patient the patient's identity and physical location; and
(3) Provides the patient with the treating physician's identity and professional credentials.
(4) Must practice telemedicine in compliance with standards established in these rules. In order to be exempt from the face-to-face meeting requirement set out in these rules, the telemedicine encounter must meet the following:
(A) Telemedicine encounters
(i) Telemedicine encounters occur when a physician (distant site) performs an exam of a patient (originating site) when distance separates the patient and health care provider.
(ii) If the distant site physician deems it to be medically necessary, they can request a licensed healthcare provider trained in the use of the equipment may be utilized at the originating site to “present” the patient, manage the cameras, any peripheral equipment necessary and perform any physical activities to successfully complete the exam.
(iii) A complete medical record must be kept and be accessible at both the distant and originating sites, preferably a shared Electronic Medical Record.
(iv) Provisions for appropriate follow up care equivalent to that available to face-to-face patients.
(v) Information available to the distant site physician shall be equivalent to ana face-to-face encounter and must meet all applicable standards of care for that medical problem including, but not limited to the documentation of a history, a physical exam, the ordering of any diagnostic tests, making a diagnosis and initiating a treatment plan with appropriate discussion and informed consent.
(B) Equipment and technical standards
(i) Telemedicine encounters shall comply with HIPAA (Health Insurance Portability and Accountability Act of 1996) and ensure that all patient communications and records are secure and confidential.
(ii) Telemedicine encounters in this state shall not be used to establish a valid physician-patient relationship for the purpose of prescribing opiates, synthetic opiates, semisynthetic opiates, benzodiazepine or carisoprodol, but may be used to prescribe opioid antagonists or partial agonistsantagonists pursuant to sections 1-2506.1 and 1-2506.2 of Title 63 of the Oklahoma Statues.
(iii) A physician-patient relationship shall not be created solely based on the receipt of patient health information by a physician. The duties are obligations created by a physician affirmatively:
(I) Undertakes to diagnose and treat the patient; or
(II) Participates in the diagnosis and treatment of the patient.
(C) Technology guidelines
(i) Audio and video equipment, use of audio only shall permit interactive, real-time communications.
(ii) Technology shall adhere to HIPAA and HITECH complaincecompliance, including entity appropriate Business Associate Agreements in transit and at rest.
(iii) Technology shall also include data protection including but not limited to consent for aggregation and/or sale of health data, including de-identified data.
(iv) Requirements of 435:10-7-13 (d)(3)(B) and (C) shall also apply to remote patient monitoring as well as synchronous (store and forward) technology.
SUBCHAPTER 11. TEMPORARY AND SPECIAL LICENSURE
435:10-11-3. Procedure for special licensure [AMENDED]
(a) AbsentUpon a Board determination of exceptional qualifications and healthcare need to warrant special licensure, only special licenses will be issued by the Board.
(1) To be exceptionally qualified, a candidate must demonstrate at least three of the following five factors:
(A) Academic and clinical excellence
(B) Advanced competency
(C) Extensive clinical or research experience
(D) Demonstrated leadership and contributions to medicine
(E) Recognition for exceptional ability and service.
(2) To qualify as a healthcare need, the candidate shall demonstrate that he or she will practice in an area of critical need or in a specialized field. This can be demonstrated by showing that the targeted population is in a geographic region or population group facing significant healthcare provider shortages or that the candidate will be employed in a role that substantially benefits public health such as working in an underserved area.
(3) The burden is on the candidate to demonstrate that the need for a special license exists. The candidate shall cooperate with Board staff to provide proof of exceptional qualifications and healthcare need.
(b) In the event aA special license isshall be granted with theagreed practice limitation being that the licensee shall practice under the supervision of another medical doctor,. saidThe supervisory physician shall hold a full and unrestricted license to practice medicine and surgery in this state. It shall be the duty of the licensee to request approval from the Board of any change of the supervisory medical doctor or location of practice prior to effecting such change.
(c) No person granted a special license to practice medicine or surgery in this state shall practice outside the scope of the special license. Any practice outside the scope of a special license shall be deemed to be the unlicensed practice of medicine or surgery. The Secretary is authorized to seek injunctive action to prevent any person from violating terms or limitations of a special license granted by the Board.
(d) Upon application for renewal, the Secretary shall review all special licenses granted on an annual basis to determine if such license should be renewed by the Board or amended as to its terms or limitations.
(e) All physicians granted a special license shall practice under an Agreement as set forth in 435:10-4-11. The Agreement shall contain quarterly reporting requirements to the Board Secretary. The Agreement shall also specify specialty specific CME requirements. The Agreement may require that the candidate show progress towards full licensure.
(f) The Board may impose a limit on the number of special license renewals that may be issued.
435:10-11-3.1. Special license for post-graduate training [AMENDED]
(a) The Secretary of the Board is authorized to issue a special license for training to first-year residents and fellows. Unless otherwise renewed, amended, suspended or revoked by the Board, a special license issued under this section may be extended without renewal by the Secretary for a period of ninety (90) days. A special training license obtained by foreigninternational medical school graduates under this section may be renewed to meet the requirements pursuant to 435:10-4-5(e).
(b) No special license for post-graduate training may be issued unless the applicant has passed Step 1 and Step 2-Clinical Knowledge of the United States Medical Licensing Examination (USMLE) within the limits set forth in 435:10-4-6(ge).
SUBCHAPTER 13. SUPERVISION OF PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY
435:10-13-1. Purpose [AMENDED]
The purpose of this Subchapter is to set forth the requirements for allopathic physicians to supervise physician assistants pursuant to 59 O.S., §519.1 et seq., and advanced practice registered nurses with prescriptive authority pursuant to 59 O.S., §567.1 et seq.
435:10-13-2. Eligibility to supervise physician assistants and advanced practice registered nurses with prescriptive authority [AMENDED]
(a) To be eligible to serve as supervising physician for physician assistants (PA) and/or advanced practice registered nurses (APRN) with prescriptive authority, an allopathic physician shall meet the following criteria:
(1) Pursuant to 59 O.S. § 519.2, a delegating physician must have a license in good standing as a physician by either the: State Board of Medical Licensure and Supervision, or State Board of Osteopathic Examiners.
(A) The physician who supervises a physician assistant shall also possess valid permits from the Drug Enforcement Agency (DEA) and Oklahoma Bureau of Narcotics (OBN) to prescribe controlled substances. The physician who supervises an advanced practice register nurse shall possess valid permits from the DEA and OBN to prescribe controlled substances for any drug on the formulary as defined in theOklahoma Administrative Code 435:15-11-2 and the Oklahoma Board of Nursing Exclusionary Formulary for Advanced Practice Registered Nurses with Prescriptive Authority; or.
(B) A physician who does not possess valid permits from the Drug Enforcement Agency (DEA) or the Oklahoma Bureau of Narcotics (OBN), but is otherwise authorized to prescribe other drugs on the formulary described inOAC 435:15-11-2 or the Oklahoma Board of Nursing Exclusionary Formulary for Advanced Practice Registered Nurses may continue to delegate or supervisephysician assistants or advanced practice registered nurses provided that at no time shall thephysician assistant or advanced practice registered nurse prescribe any drug fromeither the formulary if the supervising physician currently delegating to thephysician assistant or advanced practice registered nurse is unable to prescribe said drug and provided that at no time shall a physician assistant prescribe any drug if the supervising physician currently delegating to the physician assistant is unable to prescribe said drug.
(2) Review. A delegating physician shall review the care provided to each patient receiving health care services by a physician assistant with a temporarily approved license.
(3) The physician shall be in an active clinical practice in which no less than twenty (20) hours per week shall involve direct patient contact.
(4) The delegating physician shall be trained and fully qualified in the field of the physician assistant's and/or advanced practice registered nurse's specialty.
(5) No physician shall supervise more than a total of six (6) physician assistants and/or advanced practice registered nurses regarding their prescriptive authority. The Board may make an exception to any limit set herein upon request by the physician.
(6) Subsection (a)(5) shall not apply to a delegating physician who:
(A) is a medical director or delegating physician of a state institution, correctional facility, or hospital; or
(B) works in a hospital, emergency department, urgent care, multi-specialty clinic or community health center.
(C) Delegating physicians claiming an exception pursuant to this subsection may supervise an unlimited number of advanced practice registered nurses regarding their respective authority and/or physician assistants but shall not actively clinically supervise more than six (6) at any one time.
(7) On the request of the delegating physician, the board may, upon consideration, may waive the requirements under subsection (a)(5).
(8) Subsection (a)(5) shall not apply to an advanced practice registered nurse practicing in a hospital licensed by the State Department of Health.
(b) Proper physician supervision of the advanced practice registered nurse with prescriptive authority is essential. The supervising physician should regularly and routinely review the prescriptive practices and patterns of the advanced practice registered nurse with prescriptive authority. Supervision implies that there is appropriate referral, consultation, and collaboration between the advanced practice registered nurse and the supervising physician The Board shall not charge any fees to an advance practice registered nurse or a physician assistant for the maintenance or oversight of supervision agreements or the administration of such supervision agreements.
435:10-13-3. Supervision of an advanced practice registered nurse with prescriptive authority [NEW]
(a) Proper physician supervision of the advanced practice registered nurse who has not obtained independent prescriptive authority is mandatory pursuant to 59 O.S. § 479.1. The supervising physician, in addition to the requirements in 435:10-13-2, shall do the following:
(1) regularly and routinely review the prescriptive practices and patterns of the advanced practice registered nurse with prescriptive authority;
(2) maintain continuous availability of direct communications either in person or by electronic communications between the advanced practice registered nurse and supervising physician;
(3) maintain oversight and acceptance of responsibility for the advanced practice registered nurse ordering and transmission of written, telephonic, electronic, or oral prescriptions for drugs and other medical supplies, subject to the formulary established by the Oklahoma Board of Nursing;
(4) delineate in writing a plan for emergencies; and
(5) designate in writing of one or more alternate physicians for supervision of the advanced practice registered nurse if the physician is unable to supervise the advanced practice registered nurse.
(b) Supervision implies that there is appropriate referral, consultation, and collaboration between the advanced practice registered nurse and the supervising physician.
(c) A supervising physician shall enter into a written supervision agreement with each advanced practice registered nurse he or she supervises. The Agreement shall be filed with the Board on the form prescribed by the Board within thirty (30) calendar days of any supervision changes as required by subsection F of 59 O.S. § 479.1. The agreement shall specify:
(1) Any fees charged to the advanced practice registered nurse for supervision services;
(2) The scope of the advanced practice registered nurse's prescriptive authority;
(3) The extent of the supervision required;
(4) The duties and responsibilities of the supervising physician;
(5) Procedures for notice by the supervising physician to advanced practice registered nurses for periods of absence of the physician; and
(6) One or more alternate physicians designated to supervise the advanced practice registered nurse in periods of absence.
(d) Supervising physicians who choose to charge or bill advanced practice registered nurses for the physician’s time related to supervision shall disclose his or her fees in the supervision agreement. The fee shall be a “fair market value hourly rate” as determined by the Board biennially or by mutual agreement between the supervising physician and the advanced practice registered nurse. The Board shall set a fair market value hourly rate each even numbered year at the at the first Board meeting of the calendar year. Rates shall comply with subsection D of 59 O.S. § 479.1.
SUBCHAPTER 15. CONTINUING MEDICAL EDUCATION
435:10-15-1. Continuing medical education [AMENDED]
(a) Requirements.
(1) Each applicant for re-registration (renewal) of licensure shall certify every three years that he/she has completed the requisite hours of continuing medical education (C.M.E.)(CME).
(2) Requisite hours of C.M.E.CME shall be sixty (60) hours of Category I obtained during the preceding three (3) years as defined by the American Medical Association, Oklahoma State Medical Association, or the American Academy of Family Physicians.
(3) Newly licensed physicians will be required to begin reporting three years from the date licensure was granted.
(4) Each licensee who has a current, valid federal Drug Enforcement Administration registration number shall comply with 59 O.S § 495a.1(C) regarding education requirements for pain management or opioid use or addiction.
(5) Each licensee who is health care provider, an administrator, or chief executive officer associated with an inpatient health care services entity shall observe the online presentation related to medical treatment laws described in subsection A of 63 O.S. § 3162 as part of his or her continuing education at least once during each consecutive two-calendar-year period.
(6) Physicians who are registered with the Oklahoma Medical Marijuana and Patient Authority (Authority) as a recommending physician shall comply with the continuing medical education requirements of 63 O.S. § 427.10 and the administrative rules of the Authority. Medical education related to medical marijuana that is certified by the Accreditation Council on Continuing Medical Education (ACCME) or otherwise approved by the Board shall count as part of continuing education otherwise required for licensees.
(b) Audit/Verification.
(1) The Board staff will, each year, randomly or for cause select licensees to be audited for verification that C.M.E.CME requirements have been met.
(2) The Board shall accept as verification:
(A) Current American Medical Association Physician Recognition Award (AMAPRA);
(B) Specialty board certification or recertification that was obtained during the three year reporting period, by an American Board of Medical Specialties (ABMS), American Board of Physician Specialties (ABPS), or National Board of Physicians and Surgeons (NBPAS) specialty board;
(C) Proof of residency or fellowship training during the preceding three years. Fifty (50) hours of CME may be awarded for each completed year of training;
(D) Copies of certificates for the Category I education.
(c) Compliance.
(1) Licensees selected for audit shall submit verification of meeting the CME requirement.
(2) Licensees will be notified and have thirty (30) days from the date of correspondence to submit proof of CME to the Board.
(3) A license obtained through misrepresentation shall result in Board action.
(4) Failure to submit such records upon licensee notification of selection for audit shall result in imposition of administrative remedy or initiation of disciplinary action.
SUBCHAPTER 19. SPECIAL VOLUNTEER MEDICAL LICENSE
435:10-19-1. Purpose [AMENDED]
The purpose of this Subchapter is to set forth the requirements for receiving and maintaining a special volunteer medical license. This volunteer medical license shall be issued as provided for in Title 59 O.S., §493.5 for the sole treatment of indigent and needy persons without expectation of receiving any payment or compensation.
435:10-19-2. Procedure for volunteer license [AMENDED]
(a) Application for a volunteer medical license shall be submitted on forms provided by the Board and document all information as required in Title 59 O.S., §493.5.
(b) The volunteer medical license shall be issued without the payment of an application fee.
(c) No person granted a volunteer medical license shall practice outside the scope of the license. Any practice outside the scope of the volunteer medical license shall be deemed to be unprofessional conduct and may be grounds for disciplinary action by the Board.
(d) All other provisions of the act and rules shall apply to holders of a volunteer medical license.
[OAR Docket #26-485; filed 6-3-26]
TITLE 435. State Board of Medical Licensure and Supervision
CHAPTER 15. PHYSICIAN ASSISTANTS
[OAR Docket #26-479]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
435:15-1-1.1. Definitions [AMENDED]
Subchapter 3. Licensure of Physician Assistants
435:15-3-1. Qualification; application [AMENDED]
435:15-3-1.1. Physician Assistant with 6,240 hours of postgraduate clinical practice experience [NEW]
435:15-3-12. Review; Temporary authorization to practice [AMENDED]
435:15-3-13. Delegating physician [AMENDED]
Subchapter 5. Regulation of Practice
435:15-5-10. Prescriptions [REVOKED]
435:15-5-11. Discipline [AMENDED]
Subchapter 11. Prescriptive and Dispensing Authority
435:15-11-1. Prescriptive and dispensing authority [AMENDED]
435:15-11-2. Drug formulary [REVOKED]
AUTHORITY:
Title 59 O.S. §§ 519.2, 519.6, and 519.3D; Oklahoma State Board of Medical Licensure and Supervision
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 12, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 17, 2025
ADOPTION:
December 18, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 19, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
435:15-1-1.1 [AMENDED]
435:15-3-1 [AMENDED]
435:15-3-1.1 [NEW]
435:15-3-13 [AMENDED]
435:15-5-10 [REVOKED]
435:15-5-11 [AMENDED]
435:15-11-1 [AMENDED]
435:15-11-2 [REVOKED]
435:15-3-1 [AMENDED]
435:15-3-1.1 [NEW]
435:15-3-13 [AMENDED]
435:15-5-10 [REVOKED]
435:15-5-11 [AMENDED]
435:15-11-1 [AMENDED]
435:15-11-2 [REVOKED]
Gubernatorial Approval:
August 13, 2025
Register Publication:
43 Ok Reg 13
Docket Number:
25-667
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rule amendments are necessary to comply with current law, specifically the provisions of HB2584, which became effective on August 29, 2025. The amendments include certain definitions, requirements for reporting of clinical hours, prescribing authority (with or without a practice agreement), and acts of unprofessional conduct. References to the drug formulary are revoked to comply with current law.
CONTACT PERSON:
Barbara J. Smith, Executive Secretary, Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma 73105, (405) 962-1422, bsmith@okmedicalboard.org.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
435:15-1-1.1. Definitions [AMENDED]
The following words and terms, as defined in 59 O.S. § 519.2, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Board" means the State Board of Medical Licensure and Supervision.
"Clinically inactive" means a person that was issued a physician assistant license by any jurisdiction or was employed as a physician assistant by a federal employer and within the past twenty-four (24) months has not:
(A) practiced as a physician assistant; or
(B) been employed by an accredited physician assistant educational program.
"Committee" means the Physician Assistant Committee.
“Delegating physician” means an individual holding a license in good standing as a physician from the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners, who supervises physician assistants and delegates decision making pursuant to the practice agreement;
"On-site" means the following as it relates to the usage of Schedule II drugs pursuant to 59 O.S. § 519.6(E)(2):
(A) Hospital inpatients;
(B) Emergency room or an emergency department of a hospital licensed by the State Health Department as defined in 63 O.S. § 1-7019(a)(5);
(C) Ambulatory Surgery Center licensed by the State Health Department as defined in 63 O.S. § 2657;
(D) Medical clinics or offices in cases of emergency as defined by the delegating physician;
(E) State-owned Veterans Administration long-term care facilities with an in-house pharmacy as defined in 72 O.S. § 202 et. seq.;
(F) Nursing facility as defined in 63 O.S. § 1-1902;
(G) Correctional facility; or
(H) Hospice program as defined in 63 O.S. § 1-860.2.
"Practice agreement"means a written agreement between a physician assistant and a delegating physician concerning the scope of practice of the physician assistant to only be determined by the delegating physician and the physician assistant based on the education, training, skills and experience of the physician assistant. The agreement shall involve the joint formulation, discussion and agreement on the methods of supervision and collaboration for diagnosis, consultation and treatment of medical conditions and shall include the scope of and any limitations on prescribing. A practice agreement is required for a physician assistant as described in subsection C of Section 519.6 of Title 59.
"Practice of medicine" means services which require training in the diagnosis, treatment and prevention of disease, including the use and administration of drugs, and which are performed by physician assistants so long as such services are within the physician assistants' skill. For a physician assistant required to practice under supervision of a delegating physician, services form a component of the physician's scope of practice, and are provided with physician supervision, including authenticating by signature any form that may be authenticated by the delegating physician's signature with prior delegation by the physician.
"Supervision" means overseeing or delegating the activities of the medical services rendered by a physician assistant through a practice agreement between a delegating physician and the physician assistant working jointly toward a common goal of providing services. Delegation shall be defined by the practice agreement. The physical presence of the delegating physician is not required as long as the delegating physician and physician assistant are or can be easily in contact with each other by telecommunication. At all times a physician assistant required to practice under supervision shall be considered an agent of the delegating physician.
SUBCHAPTER 3. LICENSURE OF PHYSICIAN ASSISTANTS
435:15-3-1. Qualification; application [AMENDED]
(a) Qualifications. No license shall be issued unless an applicant:
(1) Submits an application and other information pursuant to subsections (b) and (c) and remits the required fee.
(2) Has successfully completed an educational program for physician assistants accredited by the Accreditation Review Commission on Education for the Physician Assistant, or prior to 2001, either by the Committee on Allied Health Education and Accreditation, or the Commission on Accreditation of Allied Health Education Programs. The Board may also issue a license to an applicant who does not meet the educational requirement specified in this section, but who passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants prior to 1986;
(3) Has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants;
(4) Jurisprudence examination.
(A) Has responded correctly to seventy-five (75) percent or greater questions on a jurisprudence examination prepared by the Board staff. The examination shall include:
(i) The Physician Assistant Act; and
(ii) Significant state statutes or rule impacting physician assistant practice.
(B)The Board shall supply the applicant with a copy of the statutes, rules, or other material from which the examination is based while the applicant is completing the examination.
(C) An applicant that does not meet the requirement under subsection (4)(A)(i) after three attempts shall meet with the secretarySecretary of the Board to create a study plan prior to reexamination;
(5) Does not hold a license or registration as a physician assistant that is currently under discipline, revocation, suspension, or probation relating to practice as a physician assistant. The Board may waive this paragraph for good cause shown(6);
(6) Pursuant to 59 O. S. § 519.4, be of good moral character; and
(7) For a renewal application, has met the continuing medical education requirements pursuant to 435:15‑3‑17.
(b) Application.
(1) The applicant shall complete an application form approved by the Board and such additional forms necessary for the Board to consider the application and the qualifications of the applicant.
(2) Pursuant to 59 O.S. § 519.2(9)(8), the practice agreement shall involve the joint formulation, discussion, and agreement on methods of delegation and collaboration for diagnosis, consultation and treatment of medical conditions.
(3) No health care services may be performed by a physician assistant unless a current license is on file with and approved by the State Board of Medical Licensure and Supervision.
(A) All practice agreements and any amendments shall be filed with the State Board of Medical Licensure and Supervision within ten (10) business days of being executed.
(B) Practice agreements may be filed electronically.
(C) The State Board of Medical Licensure and Supervision shall not charge a fee for filing or amendments of practice agreements.
(4) A physician assistant may have practice agreements with multiple allopathic or osteopathic physicians. Each physician shall be in good standing with the State Medical Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners.
(5) Renewal.
(A) An application for renewal shall include any changes from the most recent application submitted to the Board not previously submitted.
(B) An applicant for renewal shall submit the examination under subsection (a)(4).
(C) An application for renewal shall be submitted not later than March 31 of each calendar year.
(D) A license shall expire if a renewal application is not submitted by March 31.
(E) A renewal application submitted between April 1 and May 31 must be accompanied by the late fee pursuant to 435:1‑1‑7(a)(2)(E).
(F) An application after May 31 shall be considered an initial application.
(6) Return to practice.
(A) Application. This subsection (a)(4) shall apply to an applicant that is clinically inactive.
(B) In addition to complying with the provision of this section 435:15-3-1, an applicant under this subsection (a)(4) shall:
(i) Complete a reentry plan approved by the Board or a Board designee; and
(ii) Comply with any practice conditions approved by the Board
(c) Other information. An applicant shall submit or make available any other information the board deems necessary to evaluate the applicant.
435:15-3-1.1. Physician Assistant with 6,240 hours of postgraduate clinical practice experience [NEW]
(a) Reporting of hours. The applicant shall complete a form prescribed by the Board pursuant to 59 OS §519.6(B) for reporting completion of six thousand two hundred forty (6,240) or more hours postgraduate clinical practice experience by a physician assistant. Upon verification by the Board of the requisite completion of six thousand two hundred forty (6,240) or more hours postgraduate clinical practice experience, the physician assistant shall not be required to practice under the supervision of a delegating physician and shall not be required to complete a practice agreement. However, nothing in this rule shall prohibit a physician assistant from voluntarily maintaining a practice agreement.
(1) Clinical practice experience includes:
(A) Performing medical services related directly to patient care.
(B) Providing instruction to physician assistants at an institution accredited by the Accreditation Review Commission on Education for the Physician Assistant. Time spent preparing to provide instruction or performing administrative tasks related to providing instruction is not clinical practice.
(2) Documentation of postgraduate clinical practice experience:
(A) On the form prescribed by the Board, an attestation from the physician assistant’s medical facility, hospital administration, department chair, or delegating physician that the physician assistant has accrued the requisite hours.
(B) The Board, as delegated through the Board Secretary, may waive the documentation requirement if the Board determines the documentation is unavailable for a reason beyond the control of the physician assistant requesting the waiver, and the Board is able to determine the physician assistant has completed the required hours. The physician assistant must complete an attestation regarding the number of hours.
(b) Requirement for insurance. The physician assistant is not required to provide verification of insurance or proof of financial responsibility required under 59 O.S. § 519.6(H) to the Board, but shall produce it upon request.
(c) Notice of supervision status. A physician assistant who has completed the requirement of 6,240 hours and received verification from the Board shall notify the Board if he or she is practicing under a practice agreement in accordance with the rules of the Board regarding practice agreements and shall list every business address to which the practice agreement applies. This information shall be provided on the form required by the Board. The Board shall update the Board website with this information.
435:15-3-12. Review; Temporary authorization to practice [AMENDED]
(a) The chair or designee of the physician assistant committee shall review each application and information submitted in support of the application and shall promptly transmit a recommendation to the secretary of the board if the application should be temporarily approved.
(a) (b) Based on the recommendation under subsection (a), the secretary The Secretary of the boardBoard may temporarily approve a licenseissue a temporary authorization to practice for an applicant meeting the requirements of this chapter 15 pursuant to 59 O.S. § 519.7. A temporarily approved licensetemporary authorization to practice shall be reviewed atby the next regular meeting of the board. A temporary approval of a licenseauthorization to practice shall expire if the board rejects the application.
(b)(c) The board shall issue a license to an applicant meeting the requirements of this chapter 15.
(c) If a practice agreement is required by 59 O.S. 519.6(C), no temporary authorization to practice shall be granted unless the practice agreement is on file with the Board.
(d) The verification by the Board shall be required pursuant to 435:15-3-1.1(a) before a temporary authorization to practice shall be granted to a physician assistant not practicing under a practice agreement.
435:15-3-13. Delegating physician [AMENDED]
(a) Qualifications.
(1) Pursuant to 59 O.S. § 519.2(5), a delegating physician must be licensed as a physician by either the:
(A) State Board of Medical Licensure and Supervision, or
(B) State Board of Osteopathic Examiners.
(2) A license under subsection (a)(1) must be unrestricted.
(3) The Board may waive the requirement under (a)(2) if the Board determines the restriction will not impede the ability of the delegating physician to provide supervision of a physician assistant.
(b) Review. A delegating physician shall review the care provided to each patient receiving health care services by a physician assistant with a temporarily approved license.
(c) A physician assistant may have more than one (1) delegating physician.
SUBCHAPTER 5. REGULATION OF PRACTICE
435:15-5-10. Prescriptions [REVOKED]
435:15-5-11. Discipline [AMENDED]
(a) Prohibited acts. No person shall:
(1) fraudulently or deceptively obtain or attempt to obtain a license;
(2) fraudulently or deceptively use a license;
(3) act contrary to this chapter 15, the Physician Assistant Act, or other laws or regulations governing licensed health professionals or any stipulation or agreement of the Board ;
(4) violate any provision of the Allopathic Medical and Surgical Licensure and Supervision Act as defined in 59 O.S. § 480 et. seq., and the Physician Assistant Act as defined in 59 O.S. § 519.1 et. seq., or the rules promulgated by the Board.
(b) Grounds for action. The Board may take an action under subsection (c) when a person:
(1) acts contrary to subsection (a);
(2) is convicted of a felony;
(3) is a habitual user of intoxicants or drugs to such an extent that he or she is unable to safely practice as a physician assistant;
(4) has been adjudicated as mentally incompetent;
(5) is physically or mentally unable to engage safely in practice as a physician assistant;
(6) is negligent in practice as a physician assistant or demonstrates professional incompetence;
(7) violates patient confidentiality, except as required by law;
(8) engages in conduct likely to deceive, defraud or harm the public;
(9) engages in unprofessional or immoral conduct;
(10) prescribes, sells, administers, distributes, orders or gives away any drug classified as a controlled substance for other than medically accepted therapeutic purposes;
(11) has committed an act of moral turpitude;
(12) is disciplined or has been disciplined by another state or jurisdiction based upon acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as defined in this section;
(13) fails to cooperate with an investigation conducted by the Board;
(14) represents himself or herself as a physician
(15) engages in physical conduct with a patient which is sexual in nature, or in any verbal behavior which is seductive or sexually demeaning to a patient;
(16) commits any act of sexual abuse, misconduct, or exploitation related or unrelated to the licensee’s practice of medicine and surgery; or
(17) engages in predatory sexual behavior;.
(18) performs gender transition procedures, as defined in 63 O.S. § 2607.1, on a person under eighteen (18) years of age;
(19) violates or acts outside of the scope of his or her practice agreement if the physician assistant is practicing under a practice agreement; or
(20) prescribes Schedule II drugs without adequate supervision from the delegating physician pursuant to 59 O.S § 519.6.
(c) Actions. The Board, on finding grounds exist under subsection (b) and pursuant to the Administrative Procedures Act, 75 O.S. § 250 et seq., may:
(1) refuse to grant a license;
(2) administer a public or private reprimand;
(3) revoke, suspend, limit or otherwise restrict a license;
(4) require a physician assistant to submit to the care or counseling or treatment of a health professional designated by the Board;
(5) impose corrective measures;
(6) impose a civil penalty or fine;
(7) suspend enforcement of its finding thereof and place the physician assistant on probation with the right to vacate the probationary order for noncompliance; or
(8) restore or reissue, at its discretion, a license, and remove any disciplinary or corrective measure that it may have imposed.
(d) The Board may prohibit a physician who willfully and knowingly allows or participates with a physician assistant who acted contrary to this chapter 15 from delegating decision making to a physician assistant.
SUBCHAPTER 11. PRESCRIPTIVE AND DISPENSING AUTHORITY
435:15-11-1. Prescriptive and dispensing authority [AMENDED]
(a) A physician assistant who is recognized by the Board to prescribe under the direction of a delegating physician and is in compliance with the registration requirements of the Uniform Controlled Dangerous Substances Act, in good faith and in the course of professional practice only, may issue prescriptions, orders for home health pursuant to 63 O.S. §1-1961(4), and orders for medical supplies, services and drugs, including controlled medications in Schedules III, IV, and V pursuant to 63 O.S. §2-312 as delegated by the delegating physician and as approved in the Physician Assistant Drug Formulary (OAC 435:15-11-2). A prescription or order for medical supplies and ancillary services issued by a physician assistant may be written, electronic, or oral.
(b) Any prescription for a pure form or combination of the following generic classes of drugs, listed in 435:15‑11‑2, may be prescribed, unless the drug or class of drugs is listed as excluded. Written prescriptions for drugs or classes of drugs that are excluded may be transmitted, only with the direct order of the delegating physician.
(c)(b) Prescriptions for non-controlled medications may be written for up to a 100-day supply with three (3) refills of a prescription.
(d)(c) Prescriptions for Schedules III, IV and V controlled medications may be written for up to a 30-day supply. Up to twoTwo refills of the original a prescription are allowed for Schedules III, IV and V controlled medications. Opioid prescriptions shall be written consistent with 63 O.S. Sec. 2-309(I). In order for a physician assistant to prescribe a controlled substance in an out-patient setting, the physician assistant must be currently registered with the Drug Enforcement Administration and Oklahoma Bureau of Narcotics and Dangerous Drugs.
(e)(d) A physician assistant may write an order for a Schedule II drug for immediate or ongoing administration on site as defined in OAC 435:15-1-1.1. Prescriptions and orders for Schedule II drugs written by a physician assistant must be included on a written protocol determined by the delegating physician and approved by the medical staff committee of the facility or by direct verbal order of the delegating physician. In order for a physician assistant to prescribe and order a Schedule II controlled substance for immediate or ongoing administration on site, the physician assistant must be currently registered with the Drug Enforcement Administration and Oklahoma Bureau of Narcotics and Dangerous Drugs.
(f)(e) A prescription issued by a physician assistant, whether written or oral, shall be the joint responsibility of the physician assistant and delegating physician. The delegating physician shall be responsible for the formulation and/or approval of all orders and protocols which allow the physician assistant to issue prescriptions. Questions concerning a prescription may be directed either to the delegating physician whose name shall appear on the prescription blank or to the physician assistant. (g)Physician assistants may not dispense drugs, but may request, receive and sign for professional samples and may distribute professional samples directly to patients in accordance with written policies established by the delegating physician.
(f) A physician assistant practicing under a practice agreement:
(1) A physician assistant practicing under a practice agreement and who is in compliance with the registration requirements of the Uniform Controlled Dangerous Substances Act, in good faith and in the course of professional practice only, may issue prescriptions, orders for home health pursuant to 63 O.S. §1-1961(4), and orders for medical supplies, services and drugs, including controlled medications in Schedules II, III, IV, and V pursuant to 63 O.S. §2-312 as delegated by the delegating physician. Written and electronic prescriptions and orders for Schedule II drugs written by such physician assistant shall be included on a written protocol determined by the delegating physician. Provided that a physician assistant practicing under a practice agreement may not prescribe any controlled medications in a Schedule that the delegating physician is not registered to prescribe.
(2) A prescription issued by a physician assistant, whether written, electronic or oral, shall be the joint responsibility of the physician assistant and delegating physician. The delegating physician shall be responsible for the formulation and/or approval of all orders and protocols which allow the physician assistant to issue prescriptions. Questions concerning a prescription may be directed either to the delegating physician whose name shall appear on the prescription blank or to the physician assistant.
(g) A physician assistant not practicing under a practice agreement may prescribe written, electronic and oral prescriptions and orders. The physician assistant not practicing under a practice agreement may prescribe medical supplies, services, and drugs, including controlled medications in Schedules III through V pursuant to 63 O.S. §2-312. Physician assistants not practicing under a practice agreement shall comply with 63 O.S. § 2-101 and other state law.
435:15-11-2. Drug formulary [REVOKED]
[OAR Docket #26-479; filed 6-3-26]
TITLE 435. State Board of Medical Licensure and Supervision
CHAPTER 40. REGISTERED ELECTROLOGISTS
[OAR Docket #26-480]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
435:40-1-2. Definitions [AMENDED]
435:40-1-3. Advisory committee [AMENDED]
435:40-1-4. Standards of practice; code of ethics [AMENDED]
435:40-1-4.1. Infection control standards [REVOKED]
435:40-1-5. Academic requirements for examination and licensure [AMENDED]
435:40-1-6. Curriculum of study and internship requirements [AMENDED]
435:40-1-7. Application procedures [AMENDED]
435:40-1-8. Examination for electrology license [AMENDED]
435:40-1-9. License renewal and replacement [AMENDED]
435:40-1-10. Disciplinary hearings [REVOKED]
435:40-1-11. Fees [REVOKED]
435:40-1-12. Investigation and inspection [AMENDED]
435:40-1-13. Amendments [REVOKED]
AUTHORITY:
Title 59 O.S. §536.1, et. seq.; Oklahoma State Board of Medical Licensure and Supervision
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
August 28, 2025
COMMENT PERIOD:
October 1, 2025 through October 31, 2025
PUBLIC HEARING:
November 3, 2025
ADOPTION:
December 18, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 19, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rule amendments are necessary to bring the rules into harmony with current law. The amendments include the addition of certain definitions, drafting language to provide clarity where needed, and removing various requirements throughout the regulatory text that are not supported in current statute.
CONTACT PERSON:
Barbara J. Smith, Executive Secretary, Oklahoma State Board of Medical Licensure and Supervision, 101 NE 51st Street, Oklahoma City, Oklahoma 73105, (405) 962-1422, bsmith@okmedicalboard.org.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
435:40-1-2. Definitions [AMENDED]
The following words and terms, when used in this Chapter shall have the following meanings, unless the context clearly indicates otherwise:
"Act" means the Registered Electrologist Act, 59 O.S. 1985, Section 536 et. seq.
"Association"or"OSEA" means the Oklahoma State Electrologists Association.
"Board" means the Oklahoma State Board of Medical Licensure and Supervision.
"Committee" means the Advisory Committee of Registered Electrologists.
"Electrolysis" means the practice of using an electrosurgical apparatus to accomplish permanent hair removal by inserting electric current into the hair follicle thereby destroying living tissue and germinative hair cells.
"Registered electrologist" means a person licensed to practice electrolysis pursuant to the Registered Electrologist Act.
435:40-1-3. Advisory committee [AMENDED]
(a) Purpose. The rules in this section shall set out the organization and administration and other general procedures governing the operation of the advisory committee.
(b)(a) Meetings.
(1) The advisory committee shall hold a meeting at such designated date and time as may be determined by the chairman.
(2) Special meetings may be called by the chairmanchair, or on the written request of any three members of the advisory committee, at such times and dates as become necessary for the transaction of advisory committee business.
(3) Meetings shall be announced and conducted under the provisions of the Oklahoma Open Meeting Law.
(c)(b) Quorum. A quorum of the advisory committee necessary to conduct official business is two (2) members.
(d)(c) Transaction of official business.
(1) The advisory committee may transact official business only when in a legally constituted meeting with a quorum present.
(2) The advisory committee shall not be bound in any way by any statement or action on the part of any advisory committee member except when a statement or action is in pursuance of specific instructions of the advisory committee.
(3) Advisory committee action shall require a majority vote of those members present and voting.
(e)(d) Impartiality. Any advisory committee member who is unable to be impartial in any proceeding before the advisory committee such as that pertaining to an applicant's eligibility for licensure or a complaint against or a violation by a licensee, shall so declare his/her lack of impartiality to the advisory committee for the record and shall not participate in any advisory committee proceedings involving that individual.
(f)(e) Attendance. The policy of the advisory committee is that members will attend regular committee meetings as scheduled.
(g) Rules of order. Roberts Rules of Order Revised shall be the basis of parliamentary decisions except where otherwise provided by these rules.
(h)(f) Agendas. The chairman Executive Director of the Board, or designee, shall prepare and submit to each member of the advisory committee prior to each meeting an agenda which includes items requested by the Board or by members of the advisory committee, according to the Open Meeting Actitems required by law, old business, and other matters of Board business which have been approved by any committee member.
(i) Minutes.
(j) Official records.
(1) All official records of the advisory committee including application materials, except files containing investigative information and examinations shall be open for inspection during regular office hours of the Board.
(2) A person desiring to examine official records shall be required to identify himself/herself and sign statements listing the records requested and examined.
(3) Official records may not be taken from the Board offices, however, persons may obtain photocopies of files upon written request and by paying the fees established by the Board. Payment shall be made prior to release of the records and may be made by personal check.
(k)(g) Elections.
(1) At the first meeting of each fiscalcalendar year, the advisory committee shall elect by a majority vote of those members present, a chairman and vice-chairman.
(2) A vacancy which occurs in the office of chairman and vice-chairman may be filled by a majority vote of those members present and voting at the next advisory committee meet- ingmeeting.
(3) Absence from three regular meetings, without an acceptable reason, constitutes self- removal from the committee.
(l)(h) Committees.
(1) The advisory committee with the approval of the Board may establish sub-committees as deemed necessary to assist the advisory committee in carrying out its duties and responsibilities.
(2) The chairman may appoint the a members member of the advisory committee to serve on sub-committees and may designate thethem as the sub-committee chairmanchair.
(3) The chairman of the advisory committee may appoint non- advisory committee members to serve as sub-committee members on a consultant or voluntary basis subject to Board approval.
(4) Sub-committee chairman shall make regular reports to the advisory committee in interim written reports and/or at regular meetings, as needed.
(5) Committees and sub-committees shall direct all reports or other materials to the chairman for distribution.
(6) Sub-committees shall meet when called by the chairman of the sub-committee or when directed by the advisory committee.
435:40-1-4. Standards of practice; code of ethics [AMENDED]
The rules on the profession of electrologists shall be to establish standards of practice and code of ethics for electrologists.
(1) A licensee shall not misrepresent any professional qualifications or credentials.
(2) A licensee shall not make any false or misleading claims about the efficacy of any services or methods of treatment.
(3) A licensee shall not promote or endorse products and/or services through the press, circulation of advertising matter, radio, television, display signs or otherwise in a manner that is fraudulent, false, or misleading or which is likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts.
(4) A licensee shall maintain knowledge and skills required for continuing professional competence.
(5) A licensee shall not abuse alcohol or drugs in any manner which detrimentally affects the provision of electrolysis services.
(6) A licensee shall keep his/her Board file updated by notifying the Board of changes in preferred mailing address, and practice address, and electronic mail address.
(7) A licensee shall make known to a prospective client the important aspects of the professional relationship including fees and arrangement for payment which might affect the client's decision to enter into the relationship.
(8) A licensee shall not receive or give a commission or rebate or any other form of remuneration for the referral of clients for professional services.
(9)(7) A licensee shall not violate any provision of any federal or state statute relating to confidentiality of client communication and/or records.
(10) A licensee shall give the highest quality professional service of which he or she is capable at all times.
(11)(8) A licensee shall use only medically approved equipment and techniques for epilation. Electrosurgical apparatuses shall be defined as needle type epilators that accomplish permanent hair removal, or any other devices that may be developed as proven to accomplish permanent hair removal.
(12)(9) A licensee shall maintain high standards of personal conduct, honesty, integrity and dedication to service.
(13) No guaranty or warranty or anything beyond the professional competence of a licensee shall be offered a patient.
(14) All epilation devices or equipment must be approved by the Federal Communications Commission (F.C.C.) and bear the F.C.C. number assigned thereto.
(15) A licensee's office, including instruments and equipment contained therein, shall at all times be kept clean and free from any condition or surroundings that will make or tend to make the office unsanitary or unhygienic.
(16)(10) A licensee shall conduct himself or herself as a medical ancillary in the allied health profession.
(17)(11) A licensee shall not aid or abet, directly or indirectly, the practice of electrology by any person not duly authorized under the laws of Oklahoma.
(12) A licensee shall not perform gender transition procedures, as defined in 63 O.S. § 2607.1, to a person under eighteen (18) years of age.
(13) A licensee shall maintain procedures regarding universal standard infection control policies as developed and recommended by the American Electrology Association.
435:40-1-4.1. Infection control standards [REVOKED]
435:40-1-5. Academic requirements for examination and licensure [AMENDED]
(a) The purpose of this section is to set out the academic requirements for examination and licensure as a registered electrologist.Academic Requirements.
(1) The Board shall accept as meeting licensure requirements or course work received from American colleges, or universities, trade schools, or technology centers that held accreditation, at the time the courses were completed from accepted regional educational accrediting associations as reported by the American Association of Collegiate Registrars and Admissions Officers.
(2) courseCourse work received at foreigninternational colleges, and universities, trade schools or technology centers shall be acceptable only if such work could be counted as transfer credit from accredited colleges, or universities, trade schools or technology centersas reported by the American Association of Collegiate Registrars and Admissions Officers.
(3) The relevance to the licensing requirements of academic courses, the titles of which are not self-explanatory, must be substantiated by the applicant through course descriptions in official school catalogs or bulletins or by other means acceptable to the Board.
(4) Persons applying for licensure must . satisfactorily complete college courses in human anatomy, human physiology, microbiology and chemistry or equivalent courses as determined by the Board as recommended by the Committee. Medical terminology may be required at the discretion of the Board as recommended by the Committee.
(5) The college courses in Human Anatomy, Human Physiology, Microbiology, and General Chemistry shall be comprehensive in content and designed for the allied health or biological-life science major. Satisfactory completion shall be defined as a grade of C or its equivalent, or above (grade of A or B).
(b) The requirements of this section can be satisfied by successful certification by the International Board of Electrologist Certification through the American Electrology Association.
435:40-1-6. Curriculum of study and internship requirements [AMENDED]
(a) PreceptorshipInternship.
(1) Applicants for licensure as registered electrologists shall successfully complete aan minimum of six months curriculum of study and internship established by the Board.
(2) The preceptorship internship shall include successful completion of a minimum of 600 hours of study and clinical practice under the direct supervision of a preceptor. At least 300 hours of the training must be conducted on-site and in-person at the training facility.
(b) Preceptors. Except as provided in (c) below:
(1) Preceptors shall be registered electrologists approved by the Board., licensed, and actively practicing electrologists in the state of Oklahoma and approved by the Board as a preceptor.
(2) The preceptor must be licensed to practice electrolysis in the state of Oklahoma, and must have actively practiced in the state for at least four years (at least two years immediately prior to beginning as a preceptor). The Board may reduce or waive this requirement at the recommendation of the Committee.
(3) Preceptors shall make training facilities available for inspection upon request by members of the Board, the Committee or their representative.
(4)(2) Preceptors shall teach oninstruct on equipment in good working condition, as verified by submission of the equipment manufacturer’s recommended maintenance schedule and proof of continued compliance with that schedule. Submittals shall be on forms approved by the Board and reviewed by the Committee for acceptability.
(4) Hygienic practices must conform to the Oklahoma Infection Control Standards for Electrologists.
(3) Upon completion of the internship requirements, the preceptor shall submit to the Board a completion report.
(c) Out-of-State Applicants for Licensure. An applicant for licensure who holds a current license in good standing from another state, and who has received electrolysis study and internship of at least 600 hours may receive credit for the preceptorship requirement by providing sufficient proof of training and apprenticeship or internship program from the licensing state, based on the Committee’s recommendation to the Board of the program’s equivalency to the requirements for licensure in Oklahoma and the Board’s approval of the program. An out-of- state preceptorship, apprenticeship or internship program may be approved by the Board under the following conditions:
(1) The applicant must provide a copy of the Curriculum of Studytheir transcript or equivalent documentation to the Board. and theCurriculumThe curriculum of Study study must be the equivalent of that required in Oklahoma, as recommended reviewed by the Committee and approved by the Board.
(2) The preceptor must be licensed or registered in electrolysis in the State where the preceptorship was completed by applicant and have been actively practicing in the field for at least four years, with at least two of those years coming immediately prior to becoming the preceptor. Any exceptions to this requirement must be approved by the Board.
(3)(2) All other requirements for licensure must be met by the applicant.
435:40-1-7. Application procedures [AMENDED]
(a) The purpose of this section is to set out the application procedures for examination and licensure as a registered electrologist.
(1) Unless otherwise indicated, the applicant shall submit all required information of credentials on forms provided by the office of the Board.
(2) The Board will not consider an application as officially submitted until the applicant pays appropriate fees established by the Board. The Board assumes no responsibility for cash remittances which are not forwarded by registered mail. Application fees, processing fees and annual renewal fees are not refundable.
(3) The applicant for licensure shall obtain and complete the application form providing evidence of age and academic requirements to be reviewed by the Committee and approved by the Board.
(7)(5) The Board shall notify an applicant of his/her eligibility for examination at least 10 days prior to the next scheduled examinationupon successful completion of internship.
(b) Applicants currently licensed in another state.
(1) An applicant from another state who has met the requirements of the Registered Electrologists Act, may be issued a license by the Board under the following circumstances: (A) The applicant must furnish an affidavit a verification from the state regulatory agency verifying that the applicant holds a current license and is in good standing with that state;
(2) Applicants trained out-of-state must take and successfully complete the Oklahoma licensing examination.
435:40-1-8. Examination for electrology license [AMENDED]
(a) Purpose. This section on licensure examination sets out the Board's rules governing the administration, content, grading, and other procedures for examination for licensure as a registered electrologist.
(b) Frequency. The Board shall set the dates the examination is to be administered. The licensure examination shall be administered at least every 6 months.
(c) Administration.
(1) Practical examinations shall be administered by one (1) committee member and one (1) Board staff member. Additionally, one (1) licensed electrologist who is not a committee member may be present to assist with the examination.
(2) Written examinations shall be prepared by the Committee and administered by Board staff at the office of the Board.
(3) Practical examinations will be administered at the office of an Oklahoma licensed electrologist. The applicant may bring his or her own electrolysis equipment to the examination locations.
(1) To qualify for a license, an applicant shall pass ana written examination in the English language which shall cover the following areas:
(A) Human Anatomy
(B) Human Physiology
(C) Microbiology
(D) General Chemistry
(E) Dermatology
(F) Hygiene
(G) Sterilization
(H) Electricity
(I) Electrolysis (theory and practice).
(2) Practical examinations will evaluate the applicant's ability to perform electrolysis treatments safely and effectively.
(1) If in the judgment of the majority of the Board, the examinee obtains an average of seventy-five percent (75%) on the total both the written and practical examination and not less than sixty-five percent (65%) in each subject on the examination, he or she shall be entitled to receive from the Board a license to practice electrolysis for the remainder of that calendar year.
(3) Written examinations will be graded by Board staff.
(1) The Board shall notify each examinee of the results of the examination within seven (7) days of the grade meeting held by the Committee to determine the pass/fail status of candidates completion of the practical and written examinations.
(2) No matter whatRegardless of the numerical or other scoring system the Board may use in arriving at examination results, the official notice of results to applicants shall be stated in terms of "pass" or "fail" in addition to numerical scores being provided.
435:40-1-9. License renewal and replacement [AMENDED]
(a) Purpose. The purpose of this section is to set out the rules governing electrologist license renewal and replacement.
(b) Date required to renew.
(1) A licensee must renew the license annually.
(2) The application and fee for the renewal of the license shall be renewed online postmarked or hand delivered to the Board office not later than December 31st.
(3) Each licensee is responsible for renewing the license on or before the required date and shall not be excused from paying additional fees or penalties.
(c) Renewal procedure.
(1) At least thirty (30) days prior to December 31st, the Board will send an application for renewal of the license, and the amount of the renewal fee due. The licensee must complete the renewal application online and pay the required fee by December 31 of each year and return it to the Board office with the required fee. The timely return of the completed renewal form shall be considered confirmation of the receipt of renewal notification.
(2) The license renewal form for all licensees shall require in addition to other information, the preferred mailing address and primary practice address.
(3) The Board shall not consider a license to be renewed until it receives both the completed license renewal form and the required fees set by the Board.
(d) Late renewal.
(1) The chairman shall notify a person who has not renewed a license after a period of more than thirty (30) days that their license is inactive. A person whose license has been lapsed more than thirty days shall be required to apply for reinstatement of his or her license.
(A) Personal appearance.
(B) One (1) continuing education unit (CEU) for each three (3) years out of practice, not to exceed six (6) CEU's, prorated based on the number of years license expired.
(C) Practice under the direct supervision of a Registered Electrologist licensed in the state of Oklahoma for up to forty (40) hours for each year license lapsed, with the exact number of hours to be established by the Committee. The supervising Registered Electrologist will provide reports to the Committee on the applicant's progress prior to each Advisory Committee meeting.
(D) Retake licensing examination.
(e) Replacement of license. The Board will replace a lost, damaged or destroyed license certificate or license identification card upon application by the licensee and payment of fees established by the Board. Applications must include an affidavit detailing the loss or destruction of the licensee's original license or license identification card, or be accompanied by the damaged certificate or card.
(f) Continuing education.
(1) Requirements. Applicants for renewal of their licensecertificate as a Registered Electrologist must provide evidence to show successful completion of continuing education and compliance with the following requirements:
(A) A continuing education unit (CEU) is the equivalent of ten contact hours.
(B) The Advisory Committee of Registered Electrologists will oversee the program. CEUs CEU hours will be awarded by members of the Committee online as prescribed by the Board or the Committee chairperson with ratification by the Committee at the next meeting.
(2) Traditional methods of CEUs.
(A) Workshops given by National, Regional or State electrolysis organizations
(B) Seminars given by National, Regional or State electrolysis organizations
(C) Conferences given by National, Regional or State electrolysis organization.
(D) Programs attended at Oklahoma State Electrologists Association (OSEA) quarterly meetings
(E) Electrolysis related workshop, seminar or conference given by Committee approved school or other Assigned value = equals 0.1 CEU per hour of program attended.
(F) Journal of Electrology articles and other courses approved by the American Electrology Association.
(G) Courses approved by the American Electrology Association (AEA)
(3) Alternative Methods of CEUs.
(A) Presentation of electrolysis programs
(i) Presentation at National, Regional or State electrolysis organizational workshops, seminar or conference.
(ii) Other presentation as approved by the Committee Assigned value = equals .05 to 0.2 CEUs per presentation.
(B) Publications (published or accepted for publication)
(i) Authorship or co-authorship of a book relating to electrolysis. 0.3 CEUs
(ii) Authorship of a chapter in a book or journal article that appears in a professional electrolysis or health journal. 0.2 CEUs
(iii) Authorship of an article, book review or abstract in a National, Regional or State electrolysis or health newsletter or magazine. 0.5 CEUs
(iv) Production of other media such as videotape, slide/ tape presentation, etc. that is available for general viewing as approved by the Committee. Assigned value = equals0.05 to 0.3 CEUs per publication or finished product.
435:40-1-10. Disciplinary hearings [REVOKED]
435:40-1-11. Fees [REVOKED]
435:40-1-12. Investigation and inspection [AMENDED]
435:40-1-13. Amendments [REVOKED]
[OAR Docket #26-480; filed 6-3-26]
TITLE 442. Oklahoma Medical Marijuana Authority
CHAPTER 10. MEDICAL MARIJUANA REGULATIONS
[OAR Docket #26-400]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
442:10-1-9. Recommending physician registration [AMENDED]
442:10-1-9.1. Recommending physician standards [AMENDED]
Subchapter 2. Medical Marijuana Licenses
442:10-2-1. Application for patient license [AMENDED]
442:10-2-2. Application for patient license for persons under age eighteen (18) [AMENDED]
442:10-2-4. Application for temporary patient license [AMENDED]
442:10-2-6. Information contained on patient and caregiver license [AMENDED]
Subchapter 3. Transporter License
442:10-3-1. License for transportation of medical marijuana [AMENDED]
442:10-3-6. Inventory manifests [AMENDED]
Subchapter 4. Research Facilities and Education Facilities
442:10-4-1. License required [AMENDED]
442:10-4-4. Inspections [AMENDED]
442:10-4-5. Inventory tracking, records, reports, and audits [AMENDED]
Subchapter 5. Medical Marijuana Businesses
442:10-5-1. License required [AMENDED]
442:10-5-1.1. Responsibilities of the license holder [AMENDED]
442:10-5-2. Licenses [AMENDED]
442:10-5-3. Applications [AMENDED]
442:10-5-4. Inspections [AMENDED]
442:10-5-6. Inventory tracking, records, reports, and audits [AMENDED]
442:10-5-8. Food safety standards for processors [AMENDED]
442:10-5-14. Handling of medical marijuana by dispensary [AMENDED]
442:10-5-16. Prohibited acts [AMENDED]
Subchapter 7. Packaging, Labeling, and Advertising
442:10-7-1. Labeling and packaging [AMENDED]
442:10-7-2. Prohibited products [AMENDED]
Subchapter 8. Laboratory Testing
442:10-8-1. Testing standards and thresholds [AMENDED]
442:10-8-3. Sampling requirements and procedures [AMENDED]
Subchapter 9. Waste Disposal Facilities
442:10-9-1. License or permit required [AMENDED]
442:10-9-5. Inspections [AMENDED]
442:10-9-7. Audits and inventory [AMENDED]
AUTHORITY:
Executive Director of the Oklahoma Medical Marijuana Authority; 63 O.S. § 420, 63 O.S. § 427.7, 63 O.S. § 427.10, 63 O.S. § 427.14, 63 O.S. § 427.16, 63 O.S. § 427.18, 63 O.S. § 427.27, 63 O.S. § 427.28, and 63 O.S. § 431.1.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 7, 2025
COMMENT PERIOD:
December 1, 2025 through January 7, 2026
PUBLIC HEARING:
January 7, 2026
ADOPTION:
January 30, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by SJR 53
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
442:10-1-9. Recommending physician registration [AMENDED]
442:10-1-9.1. Recommending physician standards [AMENDED]
442:10-2-1. Application for patient license [AMENDED]
442:10-2-2. Application for patient license for persons under age eighteen (18) [AMENDED]
442:10-2-4. Application for temporary patient license [AMENDED]
442:10-2-6. Information contained on patient and caregiver license [AMENDED]
442:10-3-1. License for transportation of medical marijuana [AMENDED]
442:10-3-6. Inventory manifests [AMENDED]
442:10-4-1. License required [AMENDED]
442:10-5-1. License required [AMENDED]
442:10-5-1.1. Responsibilities of the license holder [AMENDED]
442:10-5-2. Licenses [AMENDED]
442:10-5-3. Applications [AMENDED]
442:10-5-8. Food safety standards for processors [AMENDED]
442:10-7-1. Labeling and packaging [AMENDED]
442:10-7-2. Prohibited products [AMENDED]
442:10-9-1. License or permit required [AMENDED]
442:10-1-9.1. Recommending physician standards [AMENDED]
442:10-2-1. Application for patient license [AMENDED]
442:10-2-2. Application for patient license for persons under age eighteen (18) [AMENDED]
442:10-2-4. Application for temporary patient license [AMENDED]
442:10-2-6. Information contained on patient and caregiver license [AMENDED]
442:10-3-1. License for transportation of medical marijuana [AMENDED]
442:10-3-6. Inventory manifests [AMENDED]
442:10-4-1. License required [AMENDED]
442:10-5-1. License required [AMENDED]
442:10-5-1.1. Responsibilities of the license holder [AMENDED]
442:10-5-2. Licenses [AMENDED]
442:10-5-3. Applications [AMENDED]
442:10-5-8. Food safety standards for processors [AMENDED]
442:10-7-1. Labeling and packaging [AMENDED]
442:10-7-2. Prohibited products [AMENDED]
442:10-9-1. License or permit required [AMENDED]
Gubernatorial Approval:
July 7, 2025
Register Publication:
42 OK Reg 3582
Docket Number:
25-647
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed permanent rules implement legislative changes mandated by HB 2807, SB 518, SB 774, SB 1039, and SB 1066 from the 2025 legislative session and address changes in statute under 63 O.S. § 420, 63 O.S. § 427.7, 63 O.S. § 427.10, 63 O.S. § 427.14, 63 O.S. § 427.16, 63 O.S. § 427.18, 63 O.S. § 427.27, 63 O.S. § 427.28, and 63 O.S. § 431.1. These rules are intended to provide a structure for the implementation of these legislative changes in OMMA’s permanent administrative rules.
HB 2807 amends pre-packaging requirements under 63 O.S. § 431.1 (originally added by HB 3361 in 2024); authorizes commercial transporter licensees to use warehouse locations to temporarily store medical marijuana; and updates statutory language needed for FBI approval of the national fingerprint-based background check. Commercial transporter warehouse requirements are added to rules at OAC 442:10-3-1 and OAC 442:10-3-6. Updates to the national fingerprint-based background check requirements are at OAC 442:10-5-1.1. Pre-packaging requirements are added to OAC 442:10-7-1 and OAC 442:10-7-2.
SB 518 requires an additional warning label stating it is illegal to drive a motor vehicle while under the influence of marijuana or marijuana products. These rules are added at OAC 442:10-58(d)(7) and OAC 442:10-7-1(d)(2).
SB 774 reduces the patient license number to a 12-character number and adds a PDF417 barcode to patient licenses. The rules are updated at OAC 442:10-2-6(7).
Rule changes to patient application resubmissions and full remittance of commercial license fees are required pursuant to SB 1039 (2025). SB 1039 requires patient applications to be resubmitted within 30 days of rejection and requires commercial applicants to remit all license and application fees, including any additional fees, within 45 days of notification by the Authority. Patient resubmission rules are amended at OAC 442:10-2-1(g), OAC 442:10-2-2(h), and OAC 442:10-2-4(e).
Commercial application rules are amended at OAC 442:10-4-1(b), OAC 442:10-5-1(b), OAC 442:10-5-2(a), OAC 442:10-5-3(a), OAC 442:10-9-1(c).
SB 1066 requires the Authority to create and maintain a registry of recommending physicians and establish continuing medical education (CME) requirements for recommending physicians. These rules are added to OAC 442:10-1-9 and OAC 442:10-1-9.1.
OAC 442:10-51.1(13)(D) is amended to make employee credentials valid for one year from the date of issuance, instead of expiring Jan. 31.
Amendments to OAC 442:10-5-14(a) and OAC 442:10-5-16(s)(2) permit display samples of up to 3.5 grams, a size more consistent with industry standards and pre-packaging requirements. Clarification to rules regarding violations deemed as correctable by the Authority are added to OAC 442:10-4-4(h), OAC 442:10-4-5(i)(6), OAC 442:10-5-4(k), OAC 442:10-5-6(i)(6), OAC 442:10-9-5(i), and OAC 442:10-9-7(a)(6).
Proposed laboratory rules clarify that testing laboratories must follow the current version of the manufacturer’s instructions for use at OAC 442:10-8-1(i)(1)(B). Clarification that an enrichment step is not required for quantitative assays is added to OAC 442:10-81(i)(1)(D-E), and clarification that laboratory quality control (LQC) samples only need to be run each day of testing is added to OAC 442:10-8-1(i)(1)(D).
Clarification to the inventory tag requirement is added to OAC 442:10-8-3(e)(3)(M). Peak integration rules are clarified or added to OAC 442:10-8-1(i)(2)(H) and OAC 442:10-8-1(i)(5)(H).
Minor typos or rule inconsistencies are corrected at OAC 442:10-81(i)(1)(E)(iii-iv), OAC 442:10-8-1(i)(3)(D), OAC 442:10-8-1(i)(4)(D), OAC 442:10-8-1(i)(4)(G), OAC 442:10-8-1(i)(5)(D), OAC 442:10-8-1(i)(5)(G), OAC 442:10-8-1(i)(6)(G), OAC 442:10-81(i)(7)(E)(i)(II), and OAC 442:10-8-1(i)(7)(G).
Clarifying that testing laboratories must follow the current version of the manufacturer’s instructions for use at OAC 442:10-8-1(i)(1)(B) is necessary to ensure laboratories are using the latest instructions for use when a manufacturer makes a change in a method; any deviation from the instructions for use may result in an erroneous reporting of results. A recent recall of laboratory-tested products occurred because a laboratory implemented an updated procedure but did not follow the manufacturer’s changes completely and subsequently reported results as “Test Passed” that should have been reported in “Test Failed” status.
CONTACT PERSON:
Meagan Hansen, Chief of Staff, Oklahoma Medical Marijuana Authority, 2501 N. Lincoln Blvd., OK 73105, 572-240-6315. Meagan.Hansen@omma.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
442:10-1-9. Recommending physician registration [AMENDED]
(a) The Authority shall create and maintain a registry of recommending physicians. A physician may file a registration with the Authority as a recommending physician on a form prescribed by the Authority if the physician holds a valid, unrestricted and existing license to practice in the State of Oklahoma. Beginning January 1, 2026, to be eligible to provide a medical marijuana recommendation to a licensed patient, a physician shall be registered with the Authority.
(b) To be registered with the Authority, a physician shall comply with medical education and continuing medical education requirements and shall meet all other requirements established by law or rule for the recommending physician’s respective licensure board. The medical education related to medical marijuana shall be completed prior to the physician being listed on the registry and shall be completed annually to remain on the registry. If a physician chooses to register with the Authority, aA physician registration must include, at a minimum, all of the following:
(1) The physician's full name, business address, professional email address, telephone numbers and, if the physician owns or is affiliated with a medical practice, the name of the medical practice;
(2) The physician's medical license number; and
(3) A certification by the physician that states that the physician's Oklahoma license to practice medicine is active and in good standing.; and
(4) Proof that the physician has completed the initial medical education or continuing medical education requirements for recommending physicians.
442:10-1-9.1. Recommending physician standards [AMENDED]
(a) Any Physician, beforeBefore making a recommendation for medical marijuana under these provisions, a Physician shall be in "good standing" with the State Board of Medical Licensure and Supervision, the Board of Podiatric Medical Examiners, or the State Board of Osteopathic Examiners, and beginning January 1, 2026, registered with the Authority to be eligible to provide a medical marijuana recommendation to a licensed patient. Physicians in residency or other graduate medical training do not meet the definition of Physician under this Subchapter and any recommendation for a patient medical marijuana license will be rejected by the Authority.
(b) When recommending a medical marijuana license, a physician shall use the accepted standards a reasonable and prudent physician would follow when recommending any medication to a patient.
(c) A physician shall not be located at the same physical address of a dispensary.
SUBCHAPTER 2. MEDICAL MARIJUANA LICENSES
442:10-2-1. Application for patient license [AMENDED]
(a) The application for a patient license shall be on the Authority issued form and shall include at a minimum:
(1) The applicant's first name, middle name, last name and suffix, if applicable;
(2) The applicant's valid mailing address;
(3) The applicant's date of birth;
(4) The applicant's telephone number and email address;
(5) The signature of the applicant attesting the information provided by the applicant is true and correct; and
(6) The date the application was signed.
(b) An application must be submitted within thirty (30) days of signature or it will be rejected by the Authority.
(c) A complete application shall include the following documentation or the application will be rejected:
(1) Documents establishing the applicant is an Oklahoma resident as established in OAC 442:10-1-6 (relating to proof of residency).
(2) Documents establishing proof of identity as established in OAC 442:10-1-7 (relating to proof of identity).
(3) A digital photograph as established in OAC 442:10-1-8 (relating to applicant photograph).
(4) A certification and recommendation from an Oklahoma Physician dated within thirty (30) days of the date of submission of the application to the Authority, on the form provided by the Authority, which includes the following:
(A) The physician's name and medical license number including an identification of the physician's license type;
(B) Office address on file with the physician's licensing board;
(C) Telephone number on file with the physician's licensing board;
(D) The patient/applicant's date of birth;
(E) The physician's signed and dated attestation of the following:
(i) The physician has established a medical record and has a bona fide physician-patient relationship;
(ii) The physician has determined the presence of a medical condition(s) for which the patient/applicant is likely to receive therapeutic or palliative benefit from use of medical marijuana;
(iii) The patient/applicant is recommended a medical marijuana license according to the accepted standards a reasonable and prudent physician would follow for recommending or approving any medication as described at OAC 442:10-1-9.1 (relating to recommending physician standards);
(iv) If applicable, the patient/applicant is homebound and unable to ambulate sufficiently to allow them to regularly leave their residence; and the physician believes the patient/applicant would benefit from having a caregiver with a caregiver's license designated to manage the patient's medical marijuana on the patient's behalf;
(v) The information provided by the physician in the certification is true and correct; and
(vi) Stating the method by which the physician verified the patient's identity as provided in OAC 442:10-1-7 (relating to proof of identity).
(d) Payment of the application fee as established in 63 O.S. § 420 et seq. is required unless the applicant is insured by Medicaid or Medicare.
(1) If the applicant is insured by Medicaid or Medicare, the applicant must provide a copy of their insurance card or other acceptable verification.
(2) Upon receipt of this verification the Authority may attempt to verify the applicant is currently insured by the insuring agency.
(3) If the Authority is unable to verify the insurance, the application shall be rejected until verification is obtained.
(4) All applicants who are verified as being insured by Medicaid or Medicare shall pay a reduced application fee as established in 63 O.S. § 420 et seq.
(5) Application fees are nonrefundable.
(e) An applicant who can demonstrate his or her status as a one-hundred-percent-disabled veteran shall pay a reduced application fee of $20.00 and shall have the opportunity to submit the license application and payment by means other than solely online and in a manner approved by the Authority. In order to qualify, an applicant must submit with his or her application a letter or other official documentation from the U.S. Department of Veteran Affairs or an agency of the U.S. Department of Defense establishing that the applicant is a veteran with a service disability and stating the percent of the disability is one-hundred percent. Such letter or documentation must be signed within six (6) months of submission of the application unless documentation submitted demonstrates the individual's status as a permanent one-hundred-percent-disabled veteran.
(f) An applicant who can meet the requirements for a patient license established in OAC 442:10-2-1 but whose physician recommendation for medical marijuana is only valid for sixty (60) days shall be issued a short-term medical marijuana license. A short-term medical marijuana license shall be valid for sixty (60) days. The initial license and renewal fee shall be $100.00, unless the applicant can prove he or she is insured by Medicaid or Medicare in accordance with OAC 442:10-2-1(d) or is a one-hundred-percent-disabled veteran in accordance with OAC 442:10-2-1(e), in which case applicant shall pay a reduced fee of $20.00.
(g) Beginning November 1, 2025, if an application is rejected for failure to provide required information, the applicant shall have thirty (30) days to submit the required information for reconsideration.
442:10-2-2. Application for patient license for persons under age eighteen (18) [AMENDED]
(a) The application for a patient license for persons under the age of eighteen (18) shall be on the Authority issued form and shall include at a minimum:
(1) The first name, middle name, last name and suffix, if applicable, of the applicant and of the applicant's parent(s) or legal guardian(s);
(2) The mailing address of the applicant and of the applicant's parent(s) or legal guardian(s);
(3) The date of birth of the applicant and of the applicant's parent(s) or legal guardian(s);
(4) The telephone number and email address of the applicant and/or the applicant's parent(s) or legal guardian(s);
(5) If the person submitting the application on behalf of a minor is the minor's legal guardian, a copy of documentation establishing the individual as the minor's legal guardian;
(6) The signature and attestation by the parent(s) or legal guardian(s) that the information provided in the application is true and correct; and
(7) The date the application was signed.
(b) An application must be submitted within thirty (30) days of signature or it will be rejected by the Authority.
(c) A complete application shall include the following documentation or the application will be rejected:
(1) Documents establishing the applicant's parent(s) or legal guardian(s) is an Oklahoma resident as established in OAC 442:10-1-6 (relating to proof of residency).
(2) Documents establishing proof of identity as set forth in OAC 442:10-1-7 (relating to proof of identity) for the applicant and the applicant's parent(s) or legal guardian(s).
(3) A digital photograph, as established in OAC 442:10-1-8 (relating to applicant photograph), of the applicant and the applicant's parent(s) or legal guardian(s).
(4) Certifications and recommendations from two Oklahoma physicians dated within thirty (30) days of the date of submission of the application to the Authority, on the forms provided by the Authority, and including the information required under OAC 442:10-2-1(c)(4).
(d) Minor Patient Licenses are valid for a term of two (2) years, or until the minor turns age eighteen (18), whichever occurs first.
(e) Under no circumstances shall a minor patient license holder be authorized to smoke or vaporize any medical marijuana or medical marijuana products, unless both recommending physicians agree it is medically necessary. This Subsection does not prohibit minors from using nebulizers or other aerosolized medical devices.
(f) Payment of the application fee as established in 63 O.S. § 420 et seq. is required unless the applicant is insured by Medicaid or Medicare.
(1) If the applicant is insured by Medicaid or Medicare, the applicant must provide a copy of their insurance card or other acceptable verification.
(2) Upon receipt of this verification the Authority may attempt to verify the applicant is currently insured by the insuring agency.
(3) If the Authority is unable to verify the insurance, the application shall be rejected until verification is obtained.
(4) All applicants who are verified as being insured by Medicaid or Medicare shall pay a reduced application fee as established in 63 O.S. § 420 et seq.
(5) Application fees are nonrefundable.
(g) An applicant who can meet the requirements for a minor patient license as established in OAC 442:10-2-2 but whose physician recommendations for medical marijuana are only valid for sixty (60) days shall be issued a short-term medical marijuana license. A short-term medical marijuana license shall be valid for sixty (60) days. The initial license and renewal fee shall be $100.00, unless the applicant can prove he or she is insured by Medicaid or Medicare in accordance with OAC 442:10-2-2(f), in which case applicant shall pay a reduced fee of $20.00.
(h) Beginning November 1, 2025, if an application is rejected for failure to provide required information, the applicant shall have thirty (30) days to submit the required information for reconsideration.
442:10-2-4. Application for temporary patient license [AMENDED]
(a) Temporary patient license application shall be made on a form provided by the Authority and shall include the following:
(1) All information provided for in OAC 442:10-2-1(a) (relating to patient license application);
(2) Electronic copy or digital image in color of applicant's unexpired out-of-state medical marijuana patient license;
(3) Electronic copy or digital image in color of one of the following unexpired documents:
(A) A valid state issued driver's license;
(B) A valid state issued Identification Card;
(C) A United States Passport or other photo identification issued by the United States government; or
(D) Other documentation that the Authority deems sufficient to establish identity;
(4) A digital photograph as established in OAC 442:10-1-8 (relating to applicant photograph); and
(5) If a temporary patient applicant is under the age of eighteen (18), in addition to complying with paragraphs (1),(2), and (3) of this subsection, applicant shall also comply with OAC 442:10-2-2(a)(1)-(7).
(b) Digital images of the records required in this Section shall be of sufficient clarity that all text is legible. See the requirements specified in OAC 442:10-1-8 (relating to applicant photograph) for resolution guidance.
(c) The fee for a temporary patient license shall be the fee established in statute at 63 O.S. § 420 et seq.
(d) Application fees are nonrefundable.
(e) Beginning November 1, 2025, if an application is rejected for failure to provide required information, the applicant shall have thirty (30) days to submit the required information for reconsideration.
442:10-2-6. Information contained on patient and caregiver license [AMENDED]
Licenses issued pursuant to Sections 442:10-2-1, 2, 3, and 4 of this Subchapter shall contain the following:
(1) The digital photograph of the license holder;
(2) The name and date of birth of the license holder;
(3) The name of parent(s) or legal guardian(s) of minor license holder, if applicable;
(4) The city and county of residence of the license holder;
(5) The type of license;
(6) The date the license expires; and
(7) The unique 24- character license number assigned to the patient license holder and caregiver, if applicable. Beginning November 1, 2025, the unique twelve-character license number and PDF417 barcode assigned to the patient license holder and caregiver, if applicable.
SUBCHAPTER 3. TRANSPORTER LICENSE
442:10-3-1. License for transportation of medical marijuana [AMENDED]
(a) A medical marijuana transporter license shall be issued to qualifying applicants for grower, processor, dispensary, laboratory, research facility, or education facility licenses at the time of approval. This license shall enable licensed growers, processors, dispensaries, laboratories, research facilities, and education facilities to apply for and receive individual transporter agent licenses for agents, employees, officers or owners of the commercial licensed facility. Through their licensed transporter agents, licensed growers, processors, dispensaries, laboratories, research facilities, and education facilities may transport medical marijuana or medical marijuana products to other commercial licensees. This license shall not authorize licensed growers, processors, dispensaries, laboratories, research facilities, or education facilities to transport, store, or distribute medical marijuana or medical marijuana products on behalf of other medical marijuana licensees.
(b) A medical marijuana commercial transporter license shall be issued as an independent business license to applicants meeting the requirements set forth in OAC 442:10-5-3, OAC 442:10-5-3.1, and OAC 442:10-5-3.2. The Authority shall issue licenses upon proper application by a licensee and determination by the Authority that the proposed site and facility are physically and technically suitable. This license shall be subject to the same restrictions and obligations as any commercial licensee and shall enable the commercial transporter to:
(1) transport, store, and distribute medical marijuana and medical marijuana products on behalf of other commercial licensees;
(2) contract with multiple commercial licensees; and
(3) maintain licensed premises or multiple warehouses at licensed premiseswarehouse locations that are approved by the Authority for the purpose of temporarily storing and distributing medical marijuana and medical marijuana products., provided the licensed medical marijuana transporter possesses a valid, unexpired medical marijuana transporter license and has applied for and received a permit for each warehouse location.
(c) A commercial transporter applicant or licensee must obtain and submit to the Authority for each licensed premises or warehouse location all building permits and/or certificate(s) of occupancy issued by the Oklahoma State Fire Marshal or by the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal certifying compliance with the categories listed in 63 O.S. § 426.1(E) for the construction or alteration of any buildings or structures classified as occupancies under the building codes adopted by the Oklahoma Uniform Building Code Commission, and the licensed premises or warehouse location shall meet security requirements applicable to a medical marijuana business.
(d) Once a certificate of occupancy is issued by the Oklahoma State Fire Marshal or by the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal and such certificate of occupancy has been submitted to the Authority showing full compliance, a licensee shall only need to submit an affidavit for license renewal stating the premises continues to comply with zoning classifications, applicable municipal ordinances, and all applicable safety, electrical, fire, plumbing, waste, construction, and building specification codes. An additional certificate of occupancy along with an affidavit shall be submitted if a change of use or occupancy occurs, or there is any change concerning the facility or location that would, by law, require additional inspection, licensure or permitting by the state or municipality. Licensees are responsible for compliance with applicable state fire, building, and electrical codes and may be liable for all damage that results from noncompliance with state fire, building, and electrical codes to the extent authorized by law.
(e) For all commercial license applications submitted on or after June 14, 2024 that require a building permit and/or certificate of occupancy for licensure, applicants who submitted a full and complete application for a building permit and/or certificate of occupancy issued by the Oklahoma State Fire Marshal or the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal prior to February 1, 2024 and while the same application remains under review by the State Fire Marshal or political subdivision, the applicant may submit an attestation on a form and in a manner prescribed by the Authority certifying that the applicant submitted a full and complete application for a building permit and/or certificate of occupancy prior to February 1, 2024, and that the same application remains under review by the Oklahoma State Fire Marshal or the political subdivision.
(f) A licensed medical marijuana transporter may maintain and operate one or more warehouses in the state to handle medical marijuana, medical marijuana concentrate, and medical marijuana products, provided the licensed medical marijuana transporter possesses a valid, unexpired medical marijuana transporter license and has applied for and received a permit for each warehouse location. The Authority shall issue an annual permit for each warehouse location operated by a licensee that is tied to the annual medical marijuana transporter license term, and there shall be no limit to the number of permits issued under a medical marijuana transporter license. A permit shall be issued only upon proper application by a licensee and determination by the Authority that the proposed site and facility are physically and technically suitable. Upon a finding that a proposed warehouse location is not physically or technically suitable, the Authority shall deny the permit. A commercial transporter applicant or licensee must have each warehouse location inspected and approved by the Authority prior to its use. Medical marijuana transporter warehouses that are licensed and approved by the Authority may temporarily store medical marijuana, medical marijuana concentrate, and medical marijuana products, provided that all temporary storage is documented, tracked, and traceable in the state-mandated seed-to-sale tracking system.
(g) A commercial transporter shall be responsible for any and all medical marijuana and medical marijuana products within its custody, control, or possession.
(h) No person or entity shall transport or otherwise transfer any medical marijuana or medical marijuana products without both a valid transporter license and a valid transporter agent license.
442:10-3-6. Inventory manifests [AMENDED]
(a) Commercial transporters, growers, processors, dispensaries, laboratories, research facilities, and education facilities shall utilize the State inventory tracking system in accordance with OAC 442:10-5-6(d) to create and maintain inventory manifests documenting all transport or temporary storage of medical marijuana and medical marijuana products throughout the State of Oklahoma.
(b) When transporting medical marijuana or medical marijuana products, commercial transporters, research facilities, education facilities, laboratories, growers, processors, and dispensaries shall provide copies of the inventory manifests to each originating and receiving licensee at the time the product changes hands. Inventory manifests are to be left with the originating and receiving licensees and shall include, at a minimum:
(1) The license number, business name, address, and contact information of the originating and receiving licensees;
(2) The license number, business name, address, and contact information of the commercial transporter, grower, processor, dispensary, laboratory, research facility, or education facility transporting the medical marijuana or medical marijuana products if such licensee is not the originating licensee;
(3) For temporary storage at a medical marijuana transporter licensed premises or warehouse location that is licensed and approved by the Authority, the license number, physical address, and name and contact information of the medical marijuana transporter licensed premises or warehouse location and notation that the medical marijuana and medical marijuana products are being temporarily stored;
(3)(4) A complete inventory of the medical marijuana and medical marijuana products to be transported or temporarily stored, including the quantities by weight or unit of each type of medical marijuana and medical marijuana products and the batch number(s);
(4)(5) The date of transportation and the approximate time of departure and estimated time of arrival;
(5)(6) The printed names, signatures, and transporter agent license numbers of personnel accompanying the transport;
(6)(7) Notation of the commercial transporter, grower, processor, dispensary, laboratory, research facility, or education facility authorizing the transport; and
(7)(8) The printed names, titles, and signatures of any personnel accepting delivery on behalf of the receiving licensee and the license number(s), business name(s), address(es), and contact information for all end point recipients.
(c) A separate inventory manifest shall be prepared for each licensee receiving the medical marijuana or medical marijuana products.
(d) Commercial transporters, processors, growers, dispensaries, laboratories, research facilities, or education facilities shall also maintain copies of all inventory manifests in accordance with OAC 442:10-5-6(b).
(e) Inventory manifests should reflect all medical marijuana and medical marijuana products being transported, including all instances in which the medical marijuana and medical marijuana products are temporarily stored at a commercial transporter warehouse.
(f) Commercial licensees, including medical marijuana transporter warehouses temporarily storing medical marijuana and medical marijuana products, shall maintain copies of inventory manifests and inventory records logging the quantity of medical marijuana or medical marijuana products transferred, temporarily stored, or received, on-site and readily accessible for at least seven (7) years from the date of receipt.
(g) An inventory manifest shall not be altered after departing from the originating licensee's premises, except to make the following changes:
(1) The addition of the printed names, titles, and signatures of any personnel accepting delivery on behalf of the receiving licensee;
(2) Documenting any rejection and/or refusal to accept delivery of medical marijuana or medical marijuana products or if delivery of the medical marijuana or medical marijuana products is impossible, which shall include, at minimum:
(A) The license number, business name, address, and contact information of the licensee to which the medical marijuana or medical marijuana products were to be delivered;
(B) A complete inventory of the medical marijuana or medical marijuana products being rejected, refused, and/or sent back, including batch number;
(C) The date and time of attempted delivery and the refusal;
(D) Documentation establishing the medical marijuana or medical marijuana products were rejected, refused, and/or sent back in accordance with OAC 442:10-3-6(i).
(h) A receiving licensee shall refuse to accept any medical marijuana or medical marijuana products that are not accompanied by an inventory manifest.
(i) If a receiving licensee refuses to accept delivery of any medical marijuana or medical marijuana product or if delivery of the medical marijuana or medical marijuana product is impossible, the medical marijuana or medical marijuana product shall be immediately rejected, refused, and/or sent back to the originating licensee who retains legal ownership of the products and the refusal shall be fully documented in accordance with OAC 442:10-3-6(g)(2). For the purposes of this section, medical marijuana or medical marijuana product that is sent back to the originating licensee upon rejection and/or refusal to accept delivery solely because it is not packaged and labeled in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. 427,1 et seq., and these Rules shall not be considered medical marijuana waste, provided the medical marijuana or medical marijuana product were immediately sent back to the originating licensee upon rejection and/or refusal to accept delivery.
SUBCHAPTER 4. RESEARCH FACILITIES AND EDUCATION FACILITIES
442:10-4-1. License required [AMENDED]
(a) No person or entity shall operate a research facility or education facility without first obtaining a license from the Authority pursuant to 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., other applicable Oklahoma laws, and the Rules in this Chapter. All research and development conducted by a medical marijuana research facility or education facility shall be conducted in furtherance of an approved research project. Only a person who is in compliance with the requirements of Oklahoma law and these Rules shall be entitled to receive or retain such a license.
(b) All license applications shall be complete and accurate in every detail, shall include all attachments or supplemental information required by the forms prescribed by the Authority, and shall be accompanied by full remittance of the entire application fee. Beginning November 1, 2025, applicants and licensees shall remit all required license and application fees, including any additional licensing fees, if applicable, in full within forty-five (45) days of notification by the Authority. Failure to remit such fees shall result in the denial of the application. Any misstatements, omissions, misrepresentations, or untruths made in the application shall be grounds for administrative action against the licensee by the Authority.
(c) All research facility and education facility licenses shall be on forms prescribed by the Authority.
(d) Application fees are nonrefundable.
(e) A medical marijuana research facility license may be issued for the following purposes, with the exception that biomedical and clinical research subject to federal regulations and institutional oversight is not subject to licensure or regulation by the Authority:
(1) To test chemical potency and composition levels;
(2) To conduct clinical investigations of marijuana-derived medicinal purposes;
(3) To conduct research on the efficacy and safety of administering marijuana as part of a medical treatment;
(4) To conduct genomic, horticultural, or agricultural research; and
(5) To conduct research on marijuana-affiliated products or systems.
(f) A medical marijuana education facility license may be issued for the following purposes, with the exception that biomedical and clinical research subject to federal regulations and institutional oversight is not subject to licensure or regulation by the Authority:
(1) To test cultivation techniques, strategies, infrastructure, mediums, lighting, and other related technology;
(2) To demonstrate cultivation techniques, strategies, infrastructure, mediums, lighting, and other related technology;
(3) To demonstrate the application and use of product manufacturing technologies;
(4) To conduct genomic, horticultural, or agricultural research; and
(5) To conduct research on marijuana-affiliated products or systems.
442:10-4-4. Inspections [AMENDED]
(a) Submission of an application for a medical marijuana research license and educational facility license constitutes permission for entry to and inspection of any licensed premises and any vehicles on the licensed premises used for the transportation of medical marijuana and medical marijuana products during hours of operation and other reasonable times. Refusal to permit entry or impeding such entry or inspection shall constitute grounds for administrative penalties, which may include but are not limited to fines as set forth in Appendix C and the denial, nonrenewal, suspension, or revocation of a license.
(b) The Authority may perform two (2) on-site inspections per calendar year of the licensed research facility or education facility to determine, assess, and monitor compliance with applicable Oklahoma law and these Rules or ensure qualifications for licensure. The Authority may perform an unannounced, on-site inspection of the operations and any facility of the medical marijuana research licensee or medical marijuana educational facility licensee.
(c) The Authority may conduct additional inspections to ensure correction of or investigate violations of applicable Oklahoma law and these Rules. If the Authority receives a complaint concerning noncompliance by a medical marijuana research licensee or a medical marijuana education facility licensee, the Authority may conduct additional unannounced, on-site inspections.
(d) The Authority shall refer all complaints alleging criminal activity or other violations of Oklahoma law that are made against a licensee to appropriate Oklahoma state or local law enforcement or regulatory authorities. Except for license information concerning licensed patients, the Authority may share confidential information to assist other agencies in ensuring compliance with applicable laws, rules and regulations.
(e) If the Authority discovers what it reasonably believes to be criminal activity or other violations of Oklahoma law during an inspection, the Authority may refer the matter to appropriate Oklahoma state or local law enforcement or regulatory authorities for further investigation. Except for license information concerning licensed patients, the Authority may share confidential information to assist other agencies in ensuring compliance with applicable laws, Rules and regulations.
(f) The Authority may review any and all records of a licensee and may require and conduct interviews with such persons or entities and persons affiliated with such entities, for the purpose of determining compliance with Authority rules and applicable laws. Failure to make documents or other requested information available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, or revocation of a license, or any other remedy or relief provided under law. All records shall be kept on-site and readily accessible.
(g) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or these Rules during an inspection of the licensee, the Authority shall take administrative action in accordance with Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. §§ 250 et seq.
(h) Except as otherwise provided in Oklahoma law or these Rules, correctable violations identified during an inspectionwhich have been deemed as correctable by the Authority, and identified as such, in a written notice of violations shall be corrected within thirty (30) days of receipt of asaid written notice of violations. If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine in the amount set forth in Appendix C for each violation and any other administrative action and penalty authorized by law.
(i) The Authority may assess fines in the amounts set forth in Appendix C and seek any other administrative penalties authorized by law against a licensee without providing opportunity to correct when the violation is not capable of being corrected. The Authority may suspend or revoke a license for failure to pay any fine or monetary penalty lawfully assessed by the Authority against the licensee.
442:10-4-5. Inventory tracking, records, reports, and audits [AMENDED]
(a) Monthly reports. Research facility licensees shall submit monthly reports to the Authority, which shall include:
(1) The amount of marijuana purchased from medical marijuana businesses and research facilities in pounds;
(2) The amount of medical marijuana grown and used for research in pounds;
(3) The amount of marijuana waste in pounds;
(4) If necessary, a detailed explanation of why any marijuana cannot be accounted for as having been purchased, used for research, disposed of, or maintained in current inventory; and
(5) Any information the Authority determines is necessary to ensure that all marijuana grown in Oklahoma is accounted for as required under 63 O.S. § 420 et seq. the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.
(6) Upon implementation, submission of information and data to the Authority through the State inventory tracking system will be required in accordance with the Oklahoma Medical Marijuana Protection Act, 63 O.S. § 427.1 et seq., and these Rules, and submission of information and data to the Authority through the State inventory tracking system shall be sufficient to satisfy monthly reporting requirements.
(b) Transfer or sale. A research facility licensee and an educational facility licensee may only transfer marijuana grown within its operation to medical marijuana research licensees. Research facility and education facility licensees shall keep records for every transaction related to the transfer of marijuana. Records related to the transfer shall include at a minimum the following:
(1) The name and license number of the medical marijuana researcher licensee that transferred the medical marijuana;
(2) The address and phone number of each licensee involved in the transfer;
(3) The type of marijuana transferred;
(4) The amount of marijuana transferred in pounds; and
(5) The date of the transfer.
(c) Records. Pursuant to the Authority's audit and inspection responsibilities, research facility and education facility licensees shall keep on-site and readily accessible, either in paper or electronic form, a copy of the records listed below. Except as otherwise specifically provided in Oklahoma law and this Chapter, all records shall be maintained for at least seven (7) years from the date of creation.
(1) Business records, which may include but are not limited to employee records, organizational documents or other records relating to the governance and structure of the licensee, manual or computerized records of assets and liabilities, monetary transactions, tax records, journals, ledgers, and supporting documents, including agreements, checks, invoices, receipts, and vouchers.
(2) As applicable, any documents related to the cultivation, processing, preparation, transportation, sampling, and/or testing of medical marijuana and medical marijuana products, including but not limited to sample field logs, lab reports, inventory manifests, transporter agent licenses, COAs, testing records, equipment inspections, training materials, and standard operating procedures.
(3) Documentation of every instance in which medical marijuana was sold or otherwise transferred to or purchased or otherwise obtained from another licensee, which shall include, but is not limited to:
(A) The name, license number, address, and phone number of all commercial licensees involved in each transaction;
(B) The quantity and type of medical marijuana or medical marijuana products involved in each transaction;
(C) The batch number of the medical marijuana or medical marijuana products involved in each transaction;
(D) The date of each transaction;
(E) The monetary value of the medical marijuana or medical marijuana products involved in each transaction, including the total sale or purchase amounts;
(F) All point-of-sale and tax records; and
(G) All inventory manifests and other documentation relating to the transport of medical marijuana and medical marijuana products as required under OAC 442:10-3-6(b).
(4) Any and all documents relating to the disposal or destruction of medical marijuana, medical marijuana products, and medical marijuana waste.
(d) Inventory tracking system. Pursuant to 63 O.S. § 427.3(D)(8) and 63 O.S. § 427.13(B), each commercial licensee shall use the State inventory tracking system by inputting inventory tracking data required to be reported to the Authority directly into the State inventory tracking system or by utilizing a seed-to-sale tracking system that integrates with the State inventory tracking system. All commercial licensees must have an inventory tracking system account activated to lawfully operate and must ensure all information is reported to the Authority accurately and in real time or after each individual sale in accordance with 63 O.S. § 427.13(B)(1) and these Rules. All commercial licensees shall ensure the following information and data are accurately tracked and timely reported to the Authority through the State inventory tracking system:
(1) The chain of custody of all medical marijuana and medical marijuana products, including every transaction with another commercial licensee, including, but not limited to:
(A) The name, address, license number, and phone number of the medical marijuana business that cultivated, manufactured, sold, purchased, or otherwise transferred the medical marijuana or medical marijuana product(s);
(B) The type, item, strain, and category of medical marijuana or medical marijuana product(s) involved in the transaction;
(C) The weight, quantity, or other metric required by the Authority, of the medical marijuana or medical marijuana product(s) involved in the transaction;
(D) The batch number of the medical marijuana or medical marijuana product(s);
(E) The total amount spent in dollars;
(F) All point-of-sale records as applicable;
(G) All inventory manifests and other documentation relating to the transport of medical marijuana or medical marijuana products as required under OAC 442:10-3-6(b);
(H) Testing results and information;
(I) Waste records and information;
(J) Marijuana excise tax records, if applicable;
(K) Inventory tracking system tag number(s);
(2) The entire life span of a licensee's stock of medical marijuana and medical marijuana products, including, at a minimum, notifying the Authority:
(A) When medical marijuana seeds or clones are planted;
(B) When medical marijuana plants are harvested and/or destroyed;
(C) When medical marijuana is transported, or otherwise transferred, sold, stolen, diverted, or lost;
(D) When medical marijuana changes form, including, but not limited to, when it is planted, cultivated, processed, and infused or otherwise processed into a final product;
(E) A complete inventory of all medical marijuana; seeds; plant tissue; clones; usable medical marijuana; trim; shake; leaves; other plant matter; and medical marijuana products;
(F) All samples sent to a testing laboratory or used for internal quality testing or other purposes;
(3) Any further information the Authority determines is necessary to ensure all medical marijuana and medical marijuana products are accurately and fully tracked throughout the entirety of the lifespan of the plant and product.
(e) Seed-to-sale tracking system. A commercial licensee shall use a seed-to-sale tracking system or integrate its own seed-to-sale tracking system with the State inventory tracking system established by the Authority. If a commercial licensee uses a seed-to-sale tracking system that does not integrate with the State inventory tracking system, or does integrate but does not share all required information, the commercial licensee shall ensure all required information is reported directly into the State inventory tracking system.
(f) Inventory tracking system requirements.
(1) At a minimum, commercial licensees shall track, update, and report inventory after each individual transaction, transfer, or sale to the Authority in the State inventory tracking system.
(2) All commercial licensees must ensure all on-premises and in-transit medical marijuana and medical marijuana product inventories are reconciled each day in the State inventory tracking system at the close of business, if not already done.
(3) Commercial licensees are required to use inventory tracking system tags from an Authority-approved supplier for the State inventory tracking system. Each licensee is responsible for the cost of all inventory tracking system tags and any associated vendor fees.
(A) A commercial licensee shall ensure its inventories are properly tagged and that an inventory tracking system tag is properly assigned to medical marijuana, medical marijuana products, and medical marijuana waste as required by the Authority.
(B) A commercial licensee shall ensure it has an adequate supply of inventory tracking system tags at all times. If a commercial licensee is unable to account for unused inventory tracking system tags, the commercial licensee must report to the Authority and the State inventory tracking system vendor within forty-eight (48) hours.
(C) Inventory tracking system tags must contain the legal name and correct license number of the commercial licensee that ordered them. Commercial licensees are prohibited from using another licensee's inventory tracking system tags.
(D) The inventory tracking system tag shall be placed on the container holding the medical marijuana plant and must remain physically near and clearly associated with the medical marijuana plant until the plant reaches twelve (12) inches in height. Clones must be tracked in the state seed-to-sale system and must be associated with a wholesale package tag, whether cut from a mother plant or transferred from another licensee, prior to reaching twelve (12) inches in height.
(E) When the plant reaches twelve (12) inches in height, the inventory tracking system tag shall be securely fastened to a lower supporting branch. The inventory tracking system tag shall remain affixed for the entire life of the plant until disposal. If the plant changes forms, is removed from the original planting location after harvest, or is being trimmed, dried, or cured by the grower, the inventory tracking system tag shall be placed on the container holding the medical marijuana plants and/or must remain physically near and clearly associated with the medical marijuana plants until the plant is placed into a package in both the seed-to-sale tracking system and physically packaged and affixed with the inventory tracking system tag.
(F) Mother plants must be tagged before any cuttings or clones are generated therefrom.
(G) If an inventory tracking system tag gets destroyed, stolen, or falls off of a medical marijuana plant or medical marijuana product, the licensee must ensure a new inventory tracking system tag is placed on the medical marijuana plant or medical marijuana product and the change of the inventory tracking system tag is properly reflected in the State inventory tracking system.
(H) Commercial licensees shall not reuse any inventory tracking system tag that has already been affixed to any regulated medical marijuana or medical marijuana products.
(4) Each wholesale package of medical marijuana must have an inventory tracking system tag during storage and transfer and may only contain one harvest batch of medical marijuana.
(5) Prior to transfer, commercial licensees shall ensure that each immature plant is properly affixed with an inventory tracking system tag if the plant was not previously tagged in accordance with these Rules.
(6) Commercial licensees' inventory must have an inventory tracking system tag properly affixed to all medical marijuana products during storage and transfer in one of the following manners:
(A) Individual units of medical marijuana products shall be individually affixed with an inventory tracking system tag; or
(B) Medical marijuana products may only be combined in a single wholesale package using one inventory tracking system tag if all units are from the same production batch.
(7) If any medical marijuana or medical marijuana products are removed from a wholesale package, each individual unit or new wholesale package must be separately tagged.
(8) All packages of medical marijuana waste shall have an inventory tracking system tag affixed and the contents of the waste package shall be reported in the State inventory tracking system.
(g) Inventory tracking system administrators and users.
(1) A commercial licensee must have at least one owner, or manager, who is an inventory tracking system administrator.
(2) The inventory tracking system administrator must attend and complete all required inventory tracking system training.
(3) If at any point, the inventory tracking system administrator for a licensee changes, the commercial licensee shall change or assign a new inventory tracking system administrator within thirty (30) business days.
(4) Commercial licensees shall maintain an accurate and complete list of all inventory tracking system administrators and employee users.
(5) Commercial licensees shall ensure that all owners and employees that are granted inventory tracking system account access for the purpose of conducting inventory tracking functions are trained and authorized before the owners or employees may access the State inventory tracking system.
(6) All inventory tracking system users shall be assigned an individual account in the State inventory tracking system.
(7) Any individual entering data into the State inventory tracking system shall only use the inventory tracking system account assigned specifically to that individual. Each inventory tracking system administrator and inventory tracking system user must have unique log-in credentials that shall not be used by any other person.
(8) Within three (3) business days, commercial licensees must remove access for any inventory tracking system administrator or user from their accounts if any such individual no longer utilizes the State inventory tracking system or is no longer employed by the commercial licensee.
(h) Loss of use of the State inventory tracking system. If at any time a commercial licensee loses access to the State inventory tracking system due to circumstances beyond the commercial licensee's control, the commercial licensee shall keep and maintain records detailing all inventory tracking activities that were conducted during the loss of access. Once access is restored, all inventory tracking activities that occurred during the loss of access must be immediately entered into the State inventory tracking system. If a commercial licensee loses access to the State inventory tracking system due to circumstances within its control, the commercial licensee may not perform any business activities that would be required to be reported into the State inventory tracking system until access is restored and reporting is resumed; any transfer, sale, or purchase of medical marijuana or medical marijuana products shall be an unlawful sale.
(i) Audits. The Authority may perform on-site audits of all research facility and education facility licensees to ensure the accuracy of information and data reported to the Authority and to ensure that all medical marijuana grown in Oklahoma is accounted for. Submission of an application for a research facility or education facility license constitutes permission for entry to any licensed premises and auditing of the licensee during hours of operation and other reasonable times. Refusal to permit the Authority entry or refusal to permit the Authority to inspect all books and records shall constitute grounds for and administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, and/or revocation of a license.
(1) The Authority may review any and all records and information of a research facility or education facility licensee and may require and conduct interviews with such persons or entities and persons affiliated with such licensees, for the purpose of determining compliance with Authority Rules and applicable laws. Failure to make documents or other requested information available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, or revocation of a license, or any other remedy or relief provided under law. All records shall be kept on-site and readily accessible.
(2) Licensees shall comply with all written requests from the Authority to produce or provide access to records and information within ten (10) business days.
(3) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or these Rules during an audit of the licensee, the Authority shall take administrative action against the licensee in accordance with Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.
(4) The Authority may refer all complaints alleging criminal activity or other violations of Oklahoma law that are made against a licensee to appropriate Oklahoma state or local law enforcement or regulatory authorities.
(5) If the Authority discovers what it reasonably believes to be criminal activity or other violations of Oklahoma law during an audit, the Authority may refer the matter to appropriate Oklahoma state or local law enforcement or regulatory authorities for further investigation. Except for license information concerning licensed patients, the Authority may share confidential information to assist other agencies in ensuring compliance with applicable laws, Rules and regulations.
(6) Except as is otherwise provided in Oklahoma law or these Rules, correctable violations identified during an auditwhich have been deemed as correctable by the Authority, and identified as such, in a written notice of violations shall be corrected within thirty (30) days of receipt of asaid written notice of violation.
(7) If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine in the amount set forth in Appendix C for each violation and any other administrative action and penalty authorized by law.
(8) The Authority may assess fines in the amounts set forth in Appendix C and seek any other administrative penalties authorized by law against a licensee without providing opportunity to correct when the violation is not capable of being corrected. The Authority may suspend or revoke a license for failure to pay any fine or monetary penalty lawfully assessed by the Authority against the licensee.
SUBCHAPTER 5. MEDICAL MARIJUANA BUSINESSES
442:10-5-1. License required [AMENDED]
(a) No person or entity shall operate a medical marijuana business without first obtaining a license from the Authority pursuant to 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., other applicable Oklahoma law, and the Rules in this Chapter. Only a person who is in compliance with the requirements of Oklahoma law and these Rules shall be entitled to receive or retain such a license. All requirements of Oklahoma law and these Rules shall be continuing in nature and must be satisfied in order to retain licensure.
(b) All commercial business applications shall be complete and accurate in every detail, shall include all attachments or supplemental information required by the forms prescribed by the Authority, and shall be accompanied by full remittance of the entire application fee. Beginning November 1, 2025, the Authority shall invoice license applicants, if applicable, and notify applicants in the same method and manner as the application was submitted to the Authority for any additional licensing fees owed prior to approval of a license application. Applicants and licensees shall remit all required license and application fees, including any additional licensing fees, if applicable, in full within forty-five (45) days of notification by the Authority. Failure to remit such fees shall result in the denial of the application. Any misstatements, omissions, misrepresentations, or untruths made in the application shall be grounds for administrative action against the licensee by the Authority.
(c) All commercial businesses shall be on forms prescribed by the Authority.
(d) Application fees are nonrefundable.
442:10-5-1.1. Responsibilities of the license holder [AMENDED]
Upon acceptance of the license issued by the Authority, the license holder in order to retain the license shall:
(1) Post the license or permit in a location in the licensed premises that is conspicuous;
(2) Comply with the provisions in this Chapter;
(3) Allow representatives of the Authority access to the medical marijuana business as specified under OAC 442:10-5-4 and OAC 442:10-5-6(i);
(4) Comply with directives of the Authority including time frames for corrective actions specified in inspection reports, audit reports, notices, orders, warnings, and other directives issued by the Authority in regard to the license holder's medical marijuana business or in response to community emergencies;
(5) Accept notices issued and served by the Authority according to law;
(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this Chapter or a directive of the Authority, including time frames for corrective actions specified in inspection reports, audit reports, notices, orders, warnings, and other directives;
(7) Ensure that all information and records maintained in the licensee's online OMMA license account, including the hours of operation for all licensed premises, trade name, and a valid mailing address, if applicable, are complete, accurate, and updated in a timely manner in accordance with these Rules;
(8) If applicable, submit the annual renewal application and pay all renewal license and late fees, if any;
(9) Bear the financial responsibility for all compliance and inventory tracking obligations and responsibilities set forth in Oklahoma law and these Rules. The Authority will not contribute to, fund, or subsidize any commercial licensee's compliance or tracking expenses. Nothing herein shall be construed to require the Authority to contribute to, subsidize, or fund in any way a commercial licensee's compliance or tracking expenses; and
(10) If multiple commercial licensees are located at the same location, each commercial license must ensure that all inventory is separately and properly tracked, accounted for, and physically and distinctly separated from the inventory of any other commercial licensee such that licensees and the Authority are readily able to distinguish as to which licensee each item of medical marijuana and medical marijuana products belongs.
(11) All medical marijuana commercial grower licensees who operate an outdoor medical marijuana production facility shall be required to register with the Oklahoma Department of Agriculture, Food, and Forestry as an environmentally sensitive crop owner. Registration shall provide notice to commercial and private pesticide applicators of the locations of medical marijuana crops and help minimize the potential for damaging pesticide drift. Medical marijuana commercial grower licensees shall provide their business name, address, Global Positioning System (GPS) coordinates for all outdoor medical marijuana production facilities, and any other information required by the Department when registering with the Environmentally Sensitive Area Registry.
(12) All medical marijuana commercial grower licensees shall file with the Authority a bond or attestation as required under OAC 442:10-5-3.3 and ensure that all information and records are complete, accurate, and updated in a timely manner in accordance with OAC 442:10-5-2(e)(3)
(13) Beginning January 1, 2024, the Authority shall require employees of a medical marijuana business licensee to apply for and receive a credential authorizing the employee to work in a licensed medical marijuana business.
(A) For purposes of this Section, "employee" means any natural person who:
(i) Grows, harvests, dries, cures, purchases, sells, transfers, transports, processes, produces, manufactures, creates, or packages medical marijuana, medical marijuana products, and/or medical marijuana waste on behalf of or for a medical marijuana licensed commercial grower, processor, or dispensary;
(ii) Samples, trains, or educates on behalf of or for a medical marijuana licensed education or research facility;
(iii) Disposes of or transports medical marijuana, medical marijuana products, and/or medical marijuana waste on behalf of a medical marijuana waste disposal facility licensee;
(iv) Tests and/or conducts research on medical marijuana and/or medical marijuana products on behalf of a medical marijuana licensed testing laboratory;
(v) Transports, stores, distributes, but does not take ownership of, medical marijuana and/or medical marijuana products on behalf of a medical marijuana licensed commercial transporter;
(vi) Tracks, traces, reports, and/or inputs any information into the State inventory tracking system on behalf of a medical marijuana commercial licensee; or
(vii) Conducts any other additional business for the benefit of a medical marijuana commercial licensee authorized under OAC 442:10, with the exception of professional services not involved in the handling ofServes in a role or provides services which would be reasonably expected to involve regular physical contact with medical marijuana, medical marijuana concentrates, or medical marijuana products, or medical marijuana waste.
(B) A credential will be issued to an individual employee and can be associated with multiple medical marijuana businesses or employers.
(C) A medical marijuana business license holder shall require all individuals employed under their license to have an active, unexpired credential prior to employment and must associate all employee credentials with the corresponding commercial license in a manner prescribed by the Authority. Each approved applicant shall be issued a credential, which shall act as proof of his or her approved status, to be worn or displayed on their person during the employee’s hours of work.
(D) Employee credentials shall be valid one year from the date of issuance until January 31 of the following year.
(E) An employee may voluntarily surrender a credential to the Authority at any time.
(E) An employee may voluntarily surrender a credential to the Authority at any time.
(i) If an employee voluntarily surrenders a credential, the employee shall:
(I) Destroy or return the credential to the Authority;
(II) Submit a surrender employee credential form provided by the Authority; and
(III) Submit proof of the employee’s identity through submission of documentation identified in OAC 442:10-1-7 (relating to Proof of Identity).
(ii) The surrender of a credential is effective upon written acceptance by the Authority.
(iii) Employee credential surrender forms and any other documentation or information submitted by an employee shall be confidential.
442:10-5-2. Licenses [AMENDED]
(a) Timeframe. A medical marijuana business license shall be issued for a twelve (12) month period expiring one (1) year from the date of issuance. The license may be issued upon receipt of a completed application, payment of application fee, and verification by the Authority the individual or entity complies with the requirements set forth in Oklahoma law and this Chapter. Beginning November 1, 2025, the Authority shall invoice license applicants, if applicable, and notify applicants in the same method and manner as the application was submitted to the Authority for any additional licensing fees owed prior to approval of a license application. Applicants and licensees shall remit all required license and application fees, including any additional licensing fees, if applicable, in full within forty-five (45) days of notification by the Authority. Failure to remit such fees shall result in the denial of the application.
(b) Location. A business license issued to a grower, processor, dispensary, or testing laboratory shall only be valid for a single location at the address listed on the application. A transporter license shall only be valid at the physical locations that have been submitted to and approved by the Authority and are listed on the application.
(1) For a medical marijuana commercial grower that has a combination of both indoor and outdoor growing facilities at one (1) location, the medical marijuana commercial grower shall be required to obtain a separate license from the Authority for each type of grow operation and shall be subject to the licensing fees provided in 63 O.S. 427.14 and these Rules.
(2) No medical marijuana business premises is permitted to have multiple licenses of the same type, excluding the following:
(A) a commercial grower with a combination of an indoor or outdoor growing facility on one (1) parcel of land, For the purposes of this section, a “parcel of land” means the specific portion of land that is identified by a legal description, which is considered as a single unit for the purpose of ownership, and upon which the licensed premises is located.
(B) a licensed medical marijuana processor used by multiple licensees, and
(C) a licensed medical marijuana business that has an approved application by the Authority while the new business seeks registration from the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (OBNDD).
(c) Renewal of license.
(1) It is the responsibility of the license holder to renew the license, with all applicable documentation, prior to the date of expiration of the license by following the procedures provided in OAC 442:10-5-3.
(2) Before renewing a license, the Authority may require further information and documentation and may require additional background checks to determine the licensee continues to meet the requirements set forth in Oklahoma law and these Rules.
(3) The Authority may refuse to renew a license of a medical marijuana business for the following:
(A) Failure to meet the requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or OAC 442:10.
(B) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq.; or OAC 442:10.
(4) Upon the determination that a licensee has not met the requirements for renewal, the Authority shall provide written notice to the licensee. The notice shall provide an explanation for the denial of the renewal application.
(5) A commercial licensee that attempts to renew its license after the expiration date of the license shall pay a nonrefundable late renewal fee of five hundred dollars ($500.00) per week that the license is expired and a license that has been expired for more than sixty (60) calendar days shall not be renewed. Only license renewal applications submitted at least sixty (60) calendar days prior to the expiration date shall be considered timely submitted and subject to the requirement that applications be reviewed within ninety (90) business days of receipt of the application in accordance with Subsection F of Section 427.14 of Title 63 of the Oklahoma Statutes. A medical marijuana business license shall remain unexpired during the pendency of the application for renewal provided that such application was timely submitted. The Authority shall allow renewal applications to be submitted at least one hundred twenty (120) calendar days prior to the expiration date of a medical marijuana business license.
(6) Late renewal applications and late renewal fees provided in OAC 442:10-5-2(C)(5) apply only to initial renewal applications. If an initial renewal application is rejected for any reason, the licensee has thirty (30) days to resubmit the application with the required information as provided by OAC 442:10-5-3(f). Failure to resubmit the application within the thirty (30) days shall result in expiration of the application and the licensee is prohibited from submitting a new renewal application subject to the late renewal fee as provided in OAC 442:10-5-2(C)(5).
(d) Liquidation of products. A medical marijuana business licensee whose license is not renewed, or whose license is revoked, suspended, or voluntarily surrendered, shall cease all operations immediately upon expiration of the license and shall liquidate or dispose of any medical marijuana or medical marijuana products in accordance with OAC 442:10-5-10 that were not liquidated prior to licensure expiration in accordance with Oklahoma law and these Rules. Except as provided by Section 427.14 of Title 63 of the Oklahoma Statutes, immediately upon expiration of a license, any medical marijuana business shall cease all possession, transfer, or sale of medical marijuana or medical marijuana products. Any continued possession, sale, or transfer shall subject the business owners and operators to felony prosecution pursuant to the Uniform Controlled Dangerous Substances Act.
(e) Change in information.
(1) Licensees shall notify the Authority in writing within fourteen (14) days of any changes in contact information by electronically submitting a change request in accordance with the Authority's instructions.
(2) Licensees shall obtain Authority approval for any material changes that affect the licensee's qualifications for licensure. No licensee shall operate under the conditions of a material change without written approval of an application by the Authority. Applications for written approval of material changes that affect the licensee’s qualifications for licensure shall not occur during the renewal application and must be submitted in a separate material change request to the Authority. Licensees shall submit a material change request to the Authority in writing in advance of any material change that may affect the licensee's qualifications for licensure by electronically submitting a change request, along with any relevant documentation and fees, in accordance with the Authority's instructions.
(A) Medical marijuana business licensees submitting a location change request must provide a five hundred dollar ($500.00) nonrefundable application fee and the information and documentation required in OAC 442:10-5-3 relating to locations, including but not limited to the following:
(i) If applicable, proof as required in OAC 442:10-5-3(e)(6) that the location of the dispensary or grower is at least one thousand (1,000) feet from any public and private school;
(ii) As required in OAC 442:10-5-3(e)(8), all building permits and/or certificate(s) of occupancy issued by the Oklahoma State Fire Marshal or by the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal certifying compliance with the categories listed in 63 O.S. § 426.1(E) for the construction or alteration of any buildings or structures classified as occupancies under the building codes adopted by the Oklahoma Uniform Building Code Commission;
(iii) If applicable, a bond or attestation as required under OAC 442:10-5-3.3 certifying compliance with 63 O.S. § 427.26; and
(iv) Any further documentation the Authority determines is necessary to ensure the business licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.
(v) Upon written acceptance of a location change by the Authority, commercial licensees must carry a physical copy of the written location change approval while transporting medical marijuana products from location to location.
(vi) If a location change request is being submitted due to a change of ownership, name, or the transfer of a license to a new licensee, the location change request must be included in a license transfer application pursuant to OAC 442:10-5-2(f)(2).
(B) Medical marijuana business licensees submitting an ownership change request must provide the nonrefundable application fee listed below and the information and documentation required in OAC 442:10-5-3 relating to owners, including but not limited to the following:
(i) A list of all owners and principal officers of the commercial applicant and supporting documentation as set forth in OAC 442:10-5-3(e)(1);
(ii) An affidavit of lawful presence for each new owner;
(iii) Documents required under OAC 442:10-5-3(e)(7) establishing that the applicant; and the members, managers, and board members if applicable; and seventy-five percent (75%) of the commercial applicant's ownership interests are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.;
(iv) A background check in accordance with OAC 442:10-1-5;
(v) If applicable, a bond or attestation as required under OAC 442:10-5-3.3 certifying compliance with 63 O.S. § 427.26;
(vi) A nonrefundable application fee that is the annual license or application fee established under Section 427.14 of Title 63 of the Oklahoma Statutes for the medical marijuana business license type; and
(vii) Any further documentation the Authority determines is necessary to ensure the business licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.
(viii) All licensees submitting a change of ownership request must submit a license transfer application pursuant to OAC 442:10-5-2(f)(2).
(C) A medical marijuana business licensee submitting a name change request must provide a five hundred dollar ($500.00) nonrefundable application fee and the information and documentation required in OAC 442:10-5-3 relating to the business name, including, but not limited to, the following:
(i) A certificate of good standing from the Oklahoma Secretary of State issued within thirty (30) days of submission of the application;
(ii) If applicable, official documentation from the Oklahoma Secretary of State establishing the applicant's trade name;
(iii) If applicable, an electronic copy or digital image in color of a sales tax permit issued by the Oklahoma Tax Commission;
(iv) A list of all owners and principal officers of the licensee under the new name and supporting documentation as set forth in OAC 442:10-5-3(e)(1);
(v) Documents establishing that seventy-five percent (75%) of the ownership of the licensee under the new name are Oklahoma residents in accordance with OAC 442:10-5-3(e)(7);
(vi) If applicable, a bond or attestation as required under OAC 442:10-5-3.3 certifying compliance with 63 O.S. § 427.26; and
(vii) Any further documentation the Authority determines is necessary to ensure the business licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.
(viii) Requests to change the name of a business or individual holding the license is considered a transfer of license from one licensee to another. Licensees submitting a name change request must do so by submitting a license transfer application pursuant to OAC 442:10-5-2(f)(2).
(D) Medical marijuana growers, processors, or commercial transporters that have held a valid medical marijuana business license for at least eighteen (18) months and are operating in good standing may submit an ownership change request to add a publicly traded company as an owner. The publicly traded company shall not own more than forty percent (40%) of the equity in the existing medical marijuana grower, processor, or commercial transporter. The following documentation must be provided:
(i) If applicable, a certificate of good standing from the Oklahoma Secretary of State issued within thirty (30) days of submission of the application.
(ii) A list of all owners, excluding all shareholders of the publicly traded company, and principal officers of the commercial applicant and supporting documentation as set forth in OAC 442:10-5-3(e)(1);
(iii) Documents required under OAC 442:10-5-3(e)(7) establishing that the applicant; and the members, managers, and board members if applicable; and seventy-five percent (75%) of the grower, processor, or transporter applicant's ownership interests, excluding the publicly traded company, are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.
(3) Upon cancellation or expiration of a bond, commercial grower licensees shall provide proof to the Authority on forms and in a manner prescribed by the Authority of a new alternate bond or attestation and accompanying documentation meeting the requirements of OAC 442:10-5-3.3 before the date of cancellation or expiration of the previous bond. Any grower that fails to comply with this section shall be subject to disciplinary action including, but not limited to, revocation, nonrenewal, or monetary penalties.
(f) Transfer of license.
(1) Licenses may not be changed from one license type to another.
(2) Beginning on November 1, 2024, licensees wishing to transfer a license, submit an ownership change request, or submit a name change request are required to submit a license transfer application. The license transfer application shall be submitted by the new owner. The application fee for license transfer applications shall be the annual license or application fee established under Section 427.14 of Title 63 of the Oklahoma Statutes for medical marijuana business license types. License transfer applications shall be subject to all requirements under OAC 442:10-5-3.
(A) Upon approval of a license transfer application, the applicant must register with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control before the transfer of the license is finalized. Prior to finalization of the license transfer, the prior owner will remain responsible for maintaining the license, including submission of license renewal applications. Upon issuance of the registration by OBNDD. The prior owner and the new owner will have fifteen (15) business days from the issuance of an OBNDD registration to transfer all inventory of medical marijuana, medical marijuana concentrate, and medical marijuana products, if any. Fifteen (15) business days after issuance of an OBNDD registration, the prior owner will no longer be a licensee.
(B) The new owner is not authorized to take possession of medical marijuana, medical marijuana concentrate, or medical marijuana products, exercise control over any activities involving the medical marijuana business, or hold themselves out as having control over any activities involving the medical marijuana business unless and until the application has been approved by the Authority and the new owner is registered with OBNDD.
(C) Any attempt to transfer a medical marijuana business, medical marijuana, medical marijuana concentrate, or medical marijuana products of a medical marijuana business without approval from the Authority shall be grounds for revocation or nonrenewal of the license and denial, revocation, or nonrenewal of current or future licenses or license applications with ownership held by any such person involved in the unlawful transfer.
(g) Surrender of license.
(1) A licensee may voluntarily surrender a license to the Authority at any time.
(2) If a licensee voluntarily surrenders a license, the licensee shall:
(A) Return the license to the Authority;
(B) Submit on a form prescribed by the Authority a report to the Authority including the reason for surrendering the license; contact information following the close of business; the person or persons responsible for the close of the business; where business records will be retained; and a statement confirming that all medical marijuana and medical marijuana products remaining in the possession of the licensee were liquidated or disposed of in accordance with Oklahoma law and these Rules.
(C) Submit proof of the licensee's identity through submission of documentation identified in OAC 442:10-1-7 (relating to Proof of Identity); and
(D) Liquidate or dispose of any medical marijuana or medical marijuana products remaining in the possession of the licensee in accordance with OAC 442:10-5-2(d) and OAC 442:10-5-10. The licensee must liquidate and dispose of all medical marijuana and medical marijuana products in accordance with OAC 442:10-5-2(d) prior to license surrender.
(3) A license surrender shall be considered effective upon written approval by the Authority. The Authority may reject a license surrender if medical marijuana or medical marijuana products remain in the possession of the licensee at time of surrender, or if any of the required documentation is missing or incomplete. All medical marijuana and medical marijuana products must be liquidated or disposed of in accordance with Oklahoma law and these Rules prior to the surrender of a license.
442:10-5-3. Applications [AMENDED]
(a) Application fee. An applicant for a medical marijuana business, or renewal thereof, shall submit to the Authority a completed application on a form and in a manner prescribed by the Authority, along with the application fee as established in 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq. Beginning November 1, 2025, the Authority shall invoice license applicants, if applicable, and notify applicants in the same method and manner as the application was submitted to the Authority for any additional licensing fees owed prior to approval of a license application. Applicants and licensees shall remit all required license and application fees, including any additional licensing fees, if applicable, in full within forty-five (45) days of notification by the Authority. Failure to remit such fees shall result in the denial of the application.
(b) Submission. The application shall be on the Authority prescribed form and shall include the following information about the establishment:
(1) Name of the establishment;
(2) Physical address of the establishment, including the county in which any licensed premises will be located;
(3) GPS coordinates of the establishment;
(4) Phone number and email address of the establishment; and
(5) Hours of operation for any licensed premises.
(c) Individual applicant. The application for a business license made by an individual on his or her own behalf shall be on the Authority prescribed form and shall include at a minimum:
(1) The applicant's first name, middle name, last name and suffix if applicable;
(2) The applicant's residence address and valid mailing address;
(3) The applicant's date of birth;
(4) The applicant's telephone number and email address;
(5) An attestation that the information provided by the applicant is true and correct;
(6) An attestation that any licensed premises shall not be located on tribal lands;
(7) An attestation that the business has obtained all applicable local licenses and permits for all licensed premises;
(8) An attestation that no individual with ownership interest in the business is a sheriff, deputy sheriff, police officer, prosecuting officer, an officer or employee of OMMA, or an officer or employee of a municipality in which the commercial entity is located; and
(9) A statement signed by the applicant pledging not to divert marijuana to any individual or entity that is not lawfully entitled to possess marijuana.
(d) Application on behalf of an entity. In addition to requirements of Subsection (c), an application for a business license made by an individual on behalf of an entity shall include:
(1) An attestation that applicant is authorized to make application on behalf of the entity:
(2) Full name of organization;
(3) Trade name, if applicable;
(4) Type of business organization;
(5) Mailing address;
(6) Telephone number and email address; and
(7) The name, residence address, and date of birth of each owner and each member, manager, and board member, if applicable.
(e) Supporting documentation. Pursuant to 63 O.S. § 427.3(D)(11), 63 O.S. § 427.14(L), 63 O.S. § 427.14(G)(2), and 63 O.S. § 427.14(J), each application shall be accompanied by the following documentation:
(1) A list of all owners and principal officers of the business applicant and supporting documentation, including, but not limited to: certificate of incorporation, bylaws, articles of organization, operating agreement, certificate of limited partnership, resolution of a board of directors, or other similar documents;
(2) If applicable, a certificate of good standing from the Oklahoma Secretary of State issued within thirty (30) days of submission of the application;
(3) If applicable, official documentation from the Oklahoma Secretary of State establishing the applicant's trade name;
(4) If applicable, an electronic copy or digital image in color of a sales tax permit issued by the Oklahoma Tax Commission;
(5) An Affidavit of Lawful Presence for each owner;
(6) If a licensed dispensary or grower, proof that the location of the facility is at least one thousand (1,000) feet from a public or private school. For a dispensary, the distance specified shall be measured in a straight line from the nearest property line of such public school or private school to the nearest perimeter wall of the licensed premise of such medical marijuana dispensary. For a grower, the distance specified shall be measured in a straight line from the nearest property line of such public school or private school to the nearest property line of the licensed premises of such medical marijuana commercial grower. For the purposes of this subsection, a school shall not include a property owned, used, or operated by a public or private school that is not used for classroom instruction on core curriculum, such as an administrative building, athletic facility, ballpark, field, or stadium, unless such property is located on the same campus as a building used for classroom instruction on core curriculum;
(7) Documents establishing the applicant; and the members, managers, and board members if applicable; and seventy-five percent (75%) of the commercial applicant's ownership interests are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.
(A) Applicants seeking to renew a commercial license issued prior to the enactment of the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., shall submit documentation establishing proof of residency in accordance with OAC 442:10-1-6 (relating to proof of residency);
(B) All other applicants shall submit documentation establishing proof of residency in accordance with OAC 442:10-5-3.1 (relating to proof of residency for business licenses).
(8) If applicable, all building permits and/or certificate(s) of occupancy issued by the Oklahoma State Fire Marshal or by the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal certifying compliance with the categories listed in 63 O.S. § 426.1(E) for the construction or alteration of any buildings or structures classified as occupancies under the building codes adopted by the Oklahoma Uniform Building Code Commission.
(A) Once a certificate of occupancy is issued by the Oklahoma State Fire Marshal or by the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal and such certificate of occupancy has been submitted to the Authority showing full compliance, a licensee shall only need to submit an affidavit for license renewal stating the premises continues to comply with zoning classifications, applicable municipal ordinances, and all applicable safety, electrical, fire, plumbing, waste, construction, and building specification codes. An additional certificate of occupancy along with an affidavit shall be submitted if a change of use or occupancy occurs, or there is any change concerning the facility or location that would, by law, require additional inspection, licensure or permitting by the state or municipality. Licensees are responsible for compliance with applicable state fire, building, and electrical codes and may be liable for all damage that results from noncompliance with state fire, building, and electrical codes to the extent authorized by law.
(B) For all commercial license applications submitted on or after June 14, 2024 that require a building permit and/or certificate of occupancy for licensure, applicants who submitted a full and complete application for a building permit and/or certificate of occupancy issued by the Oklahoma State Fire Marshal or the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal prior to February 1, 2024 and while the same application remains under review by the State Fire Marshal or political subdivision, the applicant may submit an attestation on a form and in a manner prescribed by the Authority certifying that the applicant submitted a full and complete application for a building permit and/or certificate of occupancy prior to February 1, 2024, and that the same application remains under review by the Oklahoma State Fire Marshal or the political subdivision.
(9) If applicable, accreditation documentation, including documentation of enrollment in analyte-specific proficiency testing results, showing applicants meet requirements stated in OAC 442:10-8-2(a);
(10) If a licensed grower, processor or transporter has added or is seeking to add a publicly traded company as an owner, additional documentation as required under OAC 442:10-5-2(e)(2)(C) to show the grower, processor, or transporter applicants meet the requirements stated in 63 O.S. § 427.15a;
(11) If applicable, a list of all chemicals a processor will utilize to process medical marijuana;
(12) If applicable, safety data sheets for every chemical a processor will utilize to process medical marijuana;
(13) If applicable, a bond or attestation as required under OAC 442:10-5-3.3 certifying compliance with 63 O.S. § 427.26;
(14) Supplemental application materials to be submitted by the applicant and utilized by the Authority to determine medical marijuana business licensing fees pursuant to 63 O.S. 427.14; and
(15) Any further documentation the Authority determines is necessary to ensure the commercial applicant is qualified under Oklahoma law and these Rules to obtain a commercial license.
(f) Incomplete application. Failure to submit a complete application with all required information and documentation shall result in a rejection of the application. The Authority shall notify the applicant in the same method the application was submitted to the Authority of the reasons for the rejection, and the applicant shall have thirty (30) days from the date of notification to correct and complete the application without an additional fee. If the applicant fails to correct and complete the application within the thirty (30) day period, the application shall expire. Unless the Authority determines otherwise, an application that has been resubmitted but is still incomplete or contains errors that are not clerical or typographical in nature shall be denied.
(g) Status update letter. If a delay in processing has occurred, the Authority shall notify the applicant via email of the delay and the reason for the delay.
(h) Moratorium. Beginning August 26, 2022, and ending August 1, 2026, there shall be a moratorium on processing and issuing new medical marijuana business licenses for dispensaries, processors, and growers. The Authority will review and process applications received on or before August 26, 2022. The Executive Director of the Authority may terminate the moratorium prior to August 1, 2026, upon a determination that all pending license reviews, inspections, or investigations have been completed. The moratorium shall not apply to:
(1) The renewal of a medical marijuana business license for dispensaries, processors, or growers;
(2) The issuance of a medical marijuana business license necessitated by a change in the ownership or location of a dispensary, processor, or grower; or
(3) The issuance or renewal of a testing laboratory, transporter, education facility, research, or waste disposal license.
442:10-5-4. Inspections [AMENDED]
(a) Submission of an application for a medical marijuana commercial license constitutes permission for entry to and inspection of any licensed premises and any vehicles on the licensed premises used for the transportation of medical marijuana and medical marijuana products during hours of operation and other reasonable times. Refusal to permit or impeding such entry or inspection shall constitute grounds for administrative penalties, which may include but are not limited to fines as set forth in Appendix C and the denial, nonrenewal, suspension, and/or revocation of a license.
(b) The Authority may perform two (2) on-site inspections per calendar year of each licensed grower, processor, dispensary, or commercial transporter to determine, assess, and monitor compliance with applicable Oklahoma law and these Rules or ensure qualifications for licensure.
(c) The Authority shall conduct one (1) on-site inspection of a testing laboratory applicant prior to licensure and up to two (2) on-site inspections annually thereafter. The inspection prior to initial licensure may include proficiency testing, and shall be conducted to ensure all application materials are accurate and the applicant meets all requirements in 63 O.S. § 427.17 and these Rules. The inspection prior to initial licensure may include verification that applicant can achieve analyte-specific testing thresholds showing applicants meet requirements stated in OAC 442:10-8-2.
(d) The Authority shall conduct one (1) on-site inspection of each warehouse location of a medical marijuana transporter applicant or licensee prior to approving the location for use to ensure all information and documentation is true and correct and to determine if the proposed warehouse location meets all requirements of 63 O.S. § 427.16 and these Rules.
(e) The Authority may conduct additional inspections to ensure correction of or investigate violations of applicable Oklahoma law and these Rules.
(f) The Authority shall refer all complaints alleging criminal activity or other violations of Oklahoma law that are made against a licensee to appropriate Oklahoma state or local law enforcement or regulatory authorities.
(g) If the Authority discovers what it reasonably believes to be criminal activity or other violations of Oklahoma law during an inspection, the Authority may refer the matter to appropriate Oklahoma state or local law enforcement or regulatory authorities for further investigation. Except for license information concerning licensed patients, the Authority may share confidential information to assist other agencies in ensuring compliance with applicable laws, Rules, and regulations.
(h) The Authority may review any and all records of a licensee and may require and conduct interviews with such persons or entities and persons affiliated with such entities, for the purpose of determining compliance with Authority Rules and applicable laws. Failure to make documents or other requested information available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, or revocation of a license, or any other remedy or relief provided under law. All records shall be kept on-site and readily accessible.
(i) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., or these Rules during an inspection of the licensed business, the Authority shall take administrative action in accordance with Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.
(j) The Authority may assess fines in the amounts set forth in Appendix C and seek any other administrative penalties authorized by law against a licensee without providing opportunity to correct when the violation is not capable of being corrected. The Authority may suspend or revoke a license for failure to pay any fine or monetary penalty lawfully assessed by the Authority against the licensee.
(k) Except as otherwise provided in Oklahoma law or these Rules, correctable violations identified during an inspectionwhich have been deemed as correctable by the Authority, and identified as such, in a written notice of violations shall be corrected within thirty (30) days of receipt of a said written notice of violations. If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine in the amount set forth Appendix C for each violation and any other administrative action and penalty authorized by law.
(l) The Authority may employ secret shoppers to inspect licensed commercial medical marijuana businesses. Secret shoppers may purchase medical marijuana or medical marijuana products for compliance testing or attempt to purchase medical marijuana or marijuana products in order to prove compliance with the Oklahoma Medical Marijuana and Patient Protection Act or any rule promulgated by the Authority. In the absence of unanimous confirmation of test results with safety failures for contaminants, the Authority may investigate, embargo, or recall any medical marijuana or medical marijuana products. Nothing in this section otherwise prohibits the Authority from conducting investigations resulting from a secret shopper inspection.
442:10-5-6. Inventory tracking, records, reports, and audits [AMENDED]
(a) Monthly reports. Licensed growers, processors, and dispensaries shall complete a monthly report on a form and in a manner prescribed by the Authority. These reports shall be deemed untimely if not received by the Authority by the fifteenth (15th) of each month for the preceding month.
(1) Dispensary reports shall include:
(A) The amount of marijuana purchased in pounds;
(B) The amount of marijuana sold or otherwise transferred in pounds;
(C) The amount of marijuana waste in pounds;
(D) If necessary, a detailed explanation of why any medical marijuana product purchased by the licensee cannot be accounted for as having been sold or still remaining in inventory;
(E) Total dollar amount of all sales to medical marijuana patients and caregivers;
(F) Total dollar amount of all taxes collected from sales to medical marijuana patients and caregivers; and
(G) Any information the Authority determines is necessary to ensure that all marijuana grown in Oklahoma is accounted for as required under 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.
(2) Grower reports shall include:
(A) The amount of marijuana harvested in pounds;
(B) The amount of marijuana purchased in pounds;
(C) The amount of marijuana sold or otherwise transferred in pounds;
(D) The amount of drying or dried marijuana on hand;
(E) The amount of marijuana waste in pounds;
(F) If necessary, a detailed explanation of why any marijuana cannot be accounted for as having been sold, disposed of, or maintained in current inventory;
(G) Total dollar amount of all sales; and
(H) Any information the Authority determines is necessary to ensure that all marijuana grown in Oklahoma is accounted for as required under 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.
(3) Processor reports shall include:
(A) The amount of marijuana purchased in pounds;
(B) The amount of marijuana sold or otherwise transferred in pounds;
(C) The amount of medical marijuana manufactured or processed in pounds;
(D) If necessary, a detailed explanation of why any marijuana cannot be accounted for as having been purchased, sold, processed, or maintained in current inventory;
(E) The amount of marijuana waste in pounds; and
(F) Any information the Authority determines is necessary to ensure that all marijuana grown in Oklahoma is accounted for as required under 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.
(4) Upon implementation, submission of information and data to the Authority through the State inventory tracking system will be required in accordance with the Oklahoma Medical Marijuana Protection Act, 63 O.S. § 427.1 et seq., and these Rules, and submission of the information and data to the Authority through the State inventory tracking system shall be sufficient to satisfy monthly reporting requirements.
(b) Records. Pursuant to the Authority's audit and inspection responsibilities, medical marijuana business shall keep on-site and readily accessible, either in paper or electronic form, a copy of the records listed below. Except as otherwise specifically provided in Oklahoma law and this Chapter, all records shall be maintained for at least seven (7) years from the date of creation.
(1) Business records, which may include but are not limited to employee records, organizational documents or other records relating to the governance and structure of the licensee, manual or computerized records of assets and liabilities, monetary transactions, tax records, journals, ledgers, and supporting documents, including agreements, checks, invoices, receipts, and vouchers.
(2) As applicable, any documents related to the cultivation, processing, preparation, transportation, sampling, and/or testing of medical marijuana and medical marijuana products, including but not limited to sample field logs, patient processing logs, safety data sheets and inventory for each chemical utilized by a processor, inventory manifests, transporter agent licenses, COAs, testing records, equipment inspections, training materials, and standard operating procedures.
(3) Except as otherwise provided in this Subsection, documentation of every instance in which medical marijuana was sold or otherwise transferred to or purchased or otherwise obtained from another licensee, which shall include, but is not limited to:
(A) The name, license number, address, and phone number of all commercial licensees involved in each transaction, and the name and license number of all patient licensees involved in each transaction;
(B) The quantity and type of medical marijuana or medical marijuana products involved in each transaction;
(C) The batch number of the medical marijuana or medical marijuana products involved in each transaction;
(D) The date of each transaction;
(E) The monetary value of the medical marijuana or medical marijuana products involved in each transaction, including the total sale or purchase amounts;
(F) All point-of-sale and tax records; and
(G) All inventory manifests and other documentation relating to the transport of medical marijuana and medical marijuana products as required under OAC 442:10-3-6(b).
(4) For processors processing medical marijuana directly on behalf of a patient or caregiver pursuant to OAC 442:10-5-5, a log documenting each instance in which the processor processed medical marijuana received from a licensed patient into a concentrate form on behalf of the licensed patient, which shall include, but is not limited to, the following information:
(A) The patient and, if applicable, caregiver license number;
(B) The date the processor received the medical marijuana from the patient or caregiver;
(C) The weight of medical marijuana received from the patient;
(D) The weight or amount of concentrate produced, along with the weight of any excess medical marijuana, if applicable; and
(E) The date the concentrate was returned to the patient or caregiver.
(5) Any and all documents relating to the disposal or destruction of medical marijuana, medical marijuana products, and medical marijuana waste.
(6) Commercial licensees must also have the following documentation on-site and readily accessible on the licensed premises:
(A) the square footage or total acres of the licensed premises;
(B) a diagram of the licensed premises;
(C) if applicable, the number and type of lights at the licensed premise of a commercial grower;
(D) if applicable, the number, type and production capacity of equipment located at the licensed premise of a commercial processor;
(E) the names, addresses and telephone numbers of employees or agents of a medical marijuana business;
(F) employment manuals and standard operating procedures for the medical marijuana business; and
(G) any other information the Authority deems reasonably necessary.
(c) Patient information. Records containing private patient or caregiver information retained by a commercial licensee shall comply with all relevant state and federal laws. "Private patient information" means personally identifiable information, such as the patient name, address, date of birth, social security number, telephone number, email address, photograph, and financial information. This term does not include the patient's medical marijuana license number, which shall be retained by the business and accurately reported to the Authority in the State inventory tracking system for all transactions to ensure compliance and protect public health and safety, including the verification of lawful sales or patient traceability in the event of product recall.
(d) Inventory tracking system. Pursuant to 63 O.S. § 427.3(D)(8) and 63 O.S. § 427.13(B), each commercial licensee shall use the State inventory tracking system by inputting inventory tracking data required to be reported to the Authority directly into the State inventory tracking system or by utilizing a seed-to-sale tracking system that integrates with the State inventory tracking system. All commercial licensees must have an inventory tracking system account activated to lawfully operate and must ensure all information is reported to the Authority accurately and in real time or after each individual sale in accordance with 63 O.S. § 427.13(B)(1) and these Rules. All commercial licensees shall ensure the following information and data are accurately tracked and timely reported to the Authority through the State inventory tracking system:
(1) The chain of custody of all medical marijuana and medical marijuana products, including every transaction with another commercial licensee, patient, or caregiver, including but not limited to:
(A) The name, address, license number, and phone number of the medical marijuana business that cultivated, manufactured, sold, purchased, or otherwise transferred the medical marijuana or medical marijuana product(s);
(B) The complete, accurate, and valid patient or caregiver license number of all patient or caregiver licensees involved in each transaction;
(C) The type, item, strain, and category of medical marijuana or medical marijuana product(s) involved in the transaction;
(D) The weight, quantity, or other metric required by the Authority, of the medical marijuana or medical marijuana product(s) involved in the transaction;
(E) The batch number of the medical marijuana or medical marijuana product(s);
(F) The total amount spent in dollars;
(G) All point-of-sale records as applicable;
(H) All inventory manifests and other documentation relating to the transport of medical marijuana or medical marijuana products as required under OAC 442:10-3-6(b);
(I) Testing results and information;
(J) Waste records and information;
(K) Marijuana excise tax records, if applicable;
(L) Inventory tracking system tag number(s);
(2) The entire life span of a licensee's stock of medical marijuana and medical marijuana products, including, at a minimum, notifying the Authority:
(A) When medical marijuana seeds or clones are planted;
(B) When medical marijuana plants are harvested and/or destroyed;
(C) When medical marijuana is transported, or otherwise transferred, sold, stolen, diverted, or lost;
(D) When medical marijuana changes form, including, but not limited to, when it is planted, cultivated, processed, and infused or otherwise processed into a final product;
(E) A complete inventory of all medical marijuana; seeds; plant tissue; clones; usable medical marijuana; trim; shake; leaves; other plant matter; and medical marijuana products;
(F) All samples sent to a testing laboratory or used for internal quality and testing or other purposes;
(3) Any further information the Authority determines is necessary to ensure all medical marijuana and medical marijuana products are accurately and fully tracked throughout the entirety of the lifespan of the plant and product.
(e) Seed-to-sale tracking system. A commercial licensee shall use a seed-to-sale tracking system or integrate its own seed-to-sale tracking system with the State inventory tracking system established by the Authority. If a commercial licensee uses a seed-to-sale tracking system that does not integrate with the State inventory tracking system, or does integrate but does not share all required information, the commercial licensee shall ensure all required information is reported directly into the State inventory tracking system.
(f) Inventory tracking system requirements.
(1) At a minimum, commercial licensees shall track, update, and report inventory after each individual transaction, transfer, or sale to the Authority in the State inventory tracking system.
(2) All commercial licensees must ensure all on-premises and in-transit medical marijuana and medical marijuana product inventories are reconciled each day in the State inventory tracking system at the close of business, if not already done.
(3) Commercial licensees are required to use inventory tracking system tags from an Authority-approved supplier for the State inventory tracking system. Each licensee is responsible for the cost of all inventory tracking system tags and any associated vendor fees.
(A) A commercial licensee shall ensure its inventories are properly tagged and that an inventory tracking system tag is properly assigned to medical marijuana, medical marijuana products, and medical marijuana waste as required by the Authority.
(B) A commercial licensee shall ensure it has an adequate supply of inventory tracking system tags at all times. If a commercial licensee is unable to account for unused inventory tracking system tags, the commercial licensee must report to the Authority and the State inventory tracking system vendor within forty-eight (48) hours.
(C) Inventory tracking system tags must contain the legal name and correct license number of the commercial licensee that ordered them. Commercial licensees are prohibited from using another licensee's inventory tracking system tags.
(D) The inventory tracking system tag shall be placed on the container holding the medical marijuana plant and must remain physically near and clearly associated with the medical marijuana plant until the plant reaches twelve (12) inches in height. Clones must be tracked in the state seed-to-sale system and must be associated with a wholesale package tag, whether cut from a mother plant or transferred from another licensee, prior to reaching twelve (12) inches in height.
(E) When the plant reaches twelve (12) inches in height, the inventory tracking system tag shall be securely fastened to a lower supporting branch. The inventory tracking system tag shall remain affixed for the entire life of the plant until disposal. If the plant changes forms, is removed from the original planting location after harvest, or is being trimmed, dried, or cured by the grower, the inventory tracking system tag shall be placed on the container holding the medical marijuana plants and/or must remain physically near and clearly associated with the medical marijuana plants until the plant is placed into a package in both the seed-to-sale tracking system and physically packaged and affixed with the inventory tracking system tag.
(F) Mother plants must be tagged before any cuttings or clones are generated therefrom.
(G) If an inventory tracking system tag gets destroyed, stolen, or falls off of a medical marijuana plant or medical marijuana product, the licensee must ensure a new inventory tracking system tag is placed on the medical marijuana plant or medical marijuana product and the change of the inventory tracking system tag is properly reflected in the State inventory tracking system.
(H) Commercial licensees shall not reuse any inventory tracking system tag that has already been affixed to any regulated medical marijuana or medical marijuana products.
(4) Each wholesale package of medical marijuana must have an inventory tracking system tag during storage and transfer and may only contain one harvest batch of medical marijuana.
(5) Prior to transfer, commercial licensees shall ensure that each immature plant is properly affixed with an inventory tracking system tag if the plant was not previously tagged in accordance with these Rules.
(6) Commercial licensees' inventory must have an inventory tracking system tag properly affixed to all medical marijuana products during storage and transfer in one of the following manners:
(A) Individual units of medical marijuana products shall be individually affixed with an inventory tracking system tag; or
(B) Medical marijuana products may only be combined in a single wholesale package using one inventory tracking system tag if all units are from the same production batch.
(7) If any medical marijuana or medical marijuana products are removed from a wholesale package, each individual unit or new wholesale package must be separately tagged.
(8) All packages of medical marijuana waste shall have an inventory tracking system tag affixed and the contents of the waste package shall be reported in the State inventory tracking system.
(g) Inventory tracking system administrators and users.
(1) A commercial licensee must have at least one owner, or manager, who is an inventory tracking system administrator.
(2) The inventory tracking system administrator must attend and complete all required inventory tracking system training.
(3) If at any point, the inventory tracking system administrator for a commercial licensee changes, the commercial licensee shall change or assign a new inventory tracking system administrator within thirty (30) business days.
(4) Commercial licensees shall maintain an accurate and complete list of all inventory tracking system administrators and employee users.
(5) Commercial licensees shall ensure that all owners and employees that are granted inventory tracking system account access for the purpose of conducting inventory tracking functions are trained and authorized before the owners or employees may access the State inventory tracking system.
(6) All inventory tracking system users shall be assigned an individual account in the State inventory tracking system.
(7) Any individual entering data into the State inventory tracking system shall only use the inventory tracking system account assigned specifically to that individual. Each inventory tracking system administrator and inventory tracking system user must have unique log-in credentials that shall not be used by any other person.
(8) Within three (3) business days, commercial licensees must remove access for any inventory tracking system administrator or user from their accounts if any such individual no longer utilizes the State inventory tracking system or is no longer employed by the commercial licensee.
(h) Loss of use of the State inventory tracking system. If at any time a commercial licensee loses access to the State inventory tracking system due to circumstances beyond the commercial licensee's control, the commercial licensee shall keep and maintain records detailing all inventory tracking activities that were conducted during the loss of access. Once access is restored, all inventory tracking activities that occurred during the loss of access must be immediately entered into the State inventory tracking system. If a commercial licensee loses access to the State inventory tracking system due to circumstances within its control, the commercial licensee may not perform any business activities that would be required to be reported into the State inventory tracking system until access is restored and reporting is resumed; any transfer, sale, or purchase of medical marijuana or medical marijuana products shall be an unlawful sale.
(i) Audits. The Authority shall perform on-site audits of all commercial licensees to ensure the accuracy of information and data reported to the Authority and to ensure that all marijuana grown in Oklahoma is accounted for. Submission of an application for a medical marijuana commercial license constitutes permission for entry to any licensed premises and auditing of the commercial licensee during hours of operation and other reasonable times. Refusal to permit the Authority entry or refusal to permit the Authority to inspect all books and records shall constitute grounds for and administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, and/or revocation of a license.
(1) The Authority may review any and all records and information of a commercial licensee and may require and conduct interviews with such persons or entities and persons affiliated with such licensees, for the purpose of determining compliance with Authority Rules and applicable laws. Failure to make documents or other requested information available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, or revocation of a license, or any other remedy or relief provided under law. All records shall be kept on-site and readily accessible.
(2) Commercial licensees shall comply with all written requests from the Authority to produce or provide access to records and information within ten (10) business days.
(3) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., or these Rules during an audit of the commercial licensee, the Authority shall take administrative action against the licensee in accordance with the Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.
(4) The Authority may refer all complaints alleging criminal activity or other violations of Oklahoma law that are made against a commercial licensee to appropriate Oklahoma state or local law enforcement or regulatory authorities.
(5) If the Authority discovers what it reasonably believes to be criminal activity or other violations of Oklahoma law during an audit, the Authority may refer the matter to appropriate Oklahoma state or local law enforcement or regulatory authorities for further investigation. Except for license information concerning licensed patients, the Authority may share confidential information to assist other agencies in ensuring compliance with applicable laws, Rules and regulations.
(6) Except as is otherwise provided in Oklahoma law or these Rules, correctable violations identified during an auditwhich have been deemed as correctable by the Authority, and identified as such, in a written notice of violations shall be corrected within thirty (30) days of receipt of a said written notice of violation.
(7) If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine of five hundred dollars ($500.00) for each violation and any other administrative action and penalty authorized by law.
(j) Confidential records. All monthly reports, inventory tracking and seed-to-sale information, data, and records submitted to the Authority are treated as confidential records and are exempt from the Oklahoma Open Records Act.
442:10-5-8. Food safety standards for processors [AMENDED]
(a) Purpose. This Section sets forth the food safety standards that processors must comply with in the preparation, production, manufacturing, processing, handling, packaging, and labeling of edible medical marijuana products.
(b) Existing law. This Section does not relieve licensed processors of any obligations under existing laws, rules, and regulations, including 63 O.S. § 1-1101 et seq., OAC 310:257, and OAC 310:260, to the extent they are applicable and do not conflict with 63 O.S. § 420 et. seq.
(1) The sale, offer to sell, dispense or release into commerce of any food or confection under a name, label, or brand when the name, label, or brand either precisely or by slang term or popular usage, is the name, label, or brand of marijuana is not prohibited.
(2) Marijuana used in food shall be considered an additive, a component, and/or an edible substance.
(3) Marijuana shall not be considered a deleterious, poisonous, or nonnutritive substance, and the use of marijuana, alone, in food shall not make such food adulterated or misbranded.
(c) Updated law. In the event the Oklahoma Board of Health or the Commissioner of Health amends OAC 310:257 or OAC 310:260, adopts new food safety rules, or incorporates into Oklahoma law updated federal food safety standards, including Title 21 of the Code of Federal Regulations, licensed processors shall comply with such rules to the extent they are applicable and do not conflict with 63 O.S. § 420 et seq., 63 O.S. § 427.1 et seq., or these Rules.
(d) Labeling and packaging. Labels and packages for food containing medical marijuana shall comply with all applicable requirements in existing Oklahoma law, rules, and regulations, and any laws incorporated therein by reference, to the extent they do not conflict with 63 O.S. § 420.
(1) 21 CFR Part 101, as of August 22, 2018, is hereby incorporated by reference into this Section to the extent it is applicable and does not conflict with 63 O.S. § 420 et seq. and 63 O.S. § 427.1 et seq.
(2) Existing requirements for principal display panels or information panels include:
(A) Name and address of the business;
(B) Name of the food;
(C) Net quantity or weight of contents;
(D) Ingredients list
(E) Food allergen information; and
(F) Nutrition labeling, if required under 21 CFR § 101.9.
(3) In addition, principal display panels or information panels must contain:
(A) List of cannabis ingredients;
(B) The batch of marijuana;
(C) The strain of marijuana (optional);
(D) THC dosage in milligrams per unit; and
(E) The lot code.
(4) Nutrient content, health, qualified health and structure/function claims must comply with the Food and Drug Administration ("FDA") Food Labeling Guide.
(5) Packaging must contain the statement, "For accidental ingestion call 1-800-222-1222."
(6) All packages and individually-packaged product units, including but not limited to those from bulk packaging, must contain the Oklahoma uniform symbol in clear and plain sight. The Oklahoma uniform symbol must be printed at least one-half inch by one-half inch in size in color.
(7) In order to comply with OAC 442:10-7-1(d)(4)OAC 442:10-7-1(d)(2) and this Section, a labelpackaging must contain a warninglabel that states, reads: "Keep out of reach of children.", "Women should not use marijuana or medical marijuana products during pregnancy because of the risk of birth defects.", and "For use by licensed medical marijuana patients only." Beginning November 1, 2025, packaging must also contain a label that reads: “It is illegal to drive a motor vehicle while under the influence of marijuana or marijuana products."
(e) Recommended HACCP. A Hazard Analysis and Critical Control Plan ("HACCP"), as set forth under 21 CFR Part 120, shall be recognized as a standardized best practice to ensure that food is suitable for human consumption and that food-packaging materials are safe and suitable. Processors are encouraged to adopt a HACCP to help ensure compliance with existing Oklahoma food safety laws, particularly OAC 310:260-3-6.
(f) Private homes; living or sleeping quarters.
(1) A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting processing operations.
(2) Living or sleeping quarters located on the premises of a processor such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing doors.
442:10-5-14. Handling of medical marijuana by dispensary [AMENDED]
(a) A medical marijuana dispensary may display samples of marijuana of no more than three (3)three and a half (3.5) grams in each separate sample display cases, jars, or other sample containers protected by a plastic or metal mesh screen to allow medical marijuana patients and caregivers to smell and handle the various strains sold by a medical marijuana dispensary. The sample shall only be used for display purposes and cannot be offered for retail sale. The medical marijuana dispensary shall dispose of the sample in accordance with these Rules.
(b) Each display case, jar, or other container must be labeled with the following information:
(1) licensee name that grew the medical marijuana;
(2) strain name;
(3) batch number; and
(4) the following statement: "Sample: not for retail sale."
442:10-5-16. Prohibited acts [AMENDED]
(a) No commercial licensee shall allow the consumption of alcohol or the smoking or vaping of medical marijuana or medical marijuana products on the licensed premises, except that if the licensed premises is a residence, a commercial licensee shall only be prohibited from consuming alcohol or the smoking or vaping of medical marijuana in areas of the licensed premises where operations of the business are conducted.
(b) No commercial licensee shall employ any person under the age of eighteen (18).
(c) No commercial licensee shall allow for or provide the delivery of medical marijuana or medical marijuana products to licensed patients or caregivers.
(d) No dispensary shall allow any physician to be located, maintain an office, write recommendations, or otherwise provide medical services to patients at the same physical address as a dispensary.
(e) No commercial licensee shall engage in advertising prohibited under OAC 442:10-7-3.
(f) No commercial licensee shall sell or offer to sell medical marijuana or medical marijuana product by means of any advertisement or promotion that includes any statement, representation, symbol, depiction, or reference, directly or indirectly, which would reasonably be expected to induce minors to purchase or consume marijuana or medical marijuana products.
(g) No commercial licensee shall falsify or misrepresent any documents, forms, or other materials or information submitted to the Authority.
(h) No commercial licensee shall threaten or harm a patient, medical practitioner, or an employee of the Authority.
(i) No commercial licensee shall fail to adhere to any acknowledgment, verification, or other representation made to the Authority.
(j) No licensed grower shall possess, sell or otherwise transfer, or offer to sell or otherwise transfer medical marijuana products.
(k) No licensee shall operate or otherwise use any extraction equipment or processes utilizing butane, propane, carbon dioxide or any potentially hazardous material in residential property.
(l) Licensees shall not sell or otherwise transfer, purchase, obtain, or otherwise accept the transfer of medical marijuana or medical marijuana products from any individual or entity that is not an Oklahoma-licensed medical marijuana business, except that licensed dispensaries may sell medical marijuana and medical marijuana products to licensed patients and caregivers and a processor may process medical marijuana directly on behalf of a licensed patient or caregiver in accordance with OAC 442:10-5-5. No licensee shall purchase or sell medical marijuana or medical marijuana products to or from any unlicensed individual or entity.
(m) After implementation of the State inventory tracking system, no licensee shall sell or otherwise transfer, purchase, obtain or otherwise accept the transfer of medical marijuana or otherwise accept the transfer of medical marijuana or medical marijuana products that are not properly inputted and tracked in the State inventory tracking system in accordance with Oklahoma law and regulations.
(n) Medical marijuana growers and dispensaries shall not make or package infused pre-rolls.
(o) Medical marijuana growers and dispensaries shall not make or package pre-rolls that exceed one (1) gram in net weight.
(p) Licensees shall not allow any other entity or person to use their OMMA license number who is not an owner, employee, or authorized contractor of the commercial licensee while conducting business on behalf of that commercial licensee.
(q) No commercial licensee shall make, sell, transfer, or offer to sell any alcoholic beverage that has been infused with medical marijuana or medical marijuana products.
(r) Growers shall not purchase, make, sell, transfer, or otherwise obtain any medical marijuana products except growers may package and sell noninfused pre-rolls and kief in accordance with these Rules.
(s) Dispensaries shall not open, package or alter pre-packaged medical marijuana or medical marijuana products except for the following reasons:
(1) Dispensaries are authorized to create, package and sell noninfused pre-rolled marijuana provided all other packaging, labeling, and testing requirements are met prior to transfer to a licensed patient or licensed caregiver; and;
(2) Dispensaries are authorized to display samples of medical marijuana of no more than three (3)three and a half (3.5) grams pursuant to OAC 442:10-5-14;
(3) Dispensaries may apply barcodes, QR codes, or other inventory tracking tags and labels. These items shall not obscure required label and packaging requirements; and
(4) Dispensaries must place medical marijuana or medical marijuana products into a child-resistant exit package at the point of transfer to a patient or caregiver if those items are not already in child-resistant packaging.
(t) Growers shall not engage in any commercial growing operations without a bond or attestation as required under OAC 442:10-5-3.3 certifying compliance with 63 O.S. § 427.26.
(u) No licensed medical marijuana commercial grower shall knowingly hire or employ undocumented immigrants to perform work inside a medical marijuana commercial grow facility or anywhere on the property of the medical marijuana commercial grower operation. A licensed medical marijuana commercial grower that violates the provisions of this subsection shall be subject to penalties including but not limited to, license revocation and denial of future license applications.
(v) No commercial licensee shall employ any employee without a credential issued pursuant to OAC 442:10-5-1.1(13). For purposes of this Section, "employee" shall have the same meaning as OAC 442:10-5-1.1(13).
SUBCHAPTER 7. PACKAGING, LABELING, AND ADVERTISING
442:10-7-1. Labeling and packaging [AMENDED]
(a) Prohibition on sale or transfer. Commercial licensees shall not sell, distribute, or otherwise transfer medical marijuana and medical marijuana products that are not packaged and labeled in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules. Beginning June 1, 2025, all medical marijuana flower, trim, shake, kief, medical marijuana productnoninfused pre-rolls, infused pre-rolls, or other flower-based product not defined as a concentrate, shall be sold by licensed medical marijuana processors and licensed medical marijuana commercial growers to licensed medical marijuana dispensaries only in pre-packaged form in package sizes weighing not less than one-half (1/2) of one (1) gram to not more than three (3) ounces. Licensed medical marijuana dispensaries shall have until November 1, 2025, to sell or waste all current inventory that is not in pre-packaged form pursuant to this section. Nonopaque materials may be used when packaging medical marijuana flower, provided all other packaging and labeling requirements for medical marijuana products sold in this state are met and it is placed in an opaque container before leaving a licensed medical marijuana dispensary. Dispensaries shall not open, package, or alter pre-packaged medical marijuana or medical marijuana products except for the following reasons:
(1) Dispensaries are authorized to create and package noninfused pre-rolled marijuana provided all other packaging, labeling, and testing requirements are met prior to transfer to a licensed patient or licensed caregiver; and
(2) Dispensaries are authorized to display samples of medical marijuana of no more than three (3)three and a half (3.5) grams pursuant to OAC 442:10-5-14. Any remaining medical marijuana from a pre-packaged package size that exceeds three (3)three and a half grams must be wasted or disposed of in accordance with Oklahoma law and these Rules.
(b) Nonacceptance or return. A dispensary shall reject, refuse to accept delivery, and send back to the licensee transferring medical marijuana or medical marijuana products to the dispensary, any medical marijuana or medical marijuana products that are not packaged and labeled in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules. If a dispensary rejects and/or refuses to accept delivery of any medical marijuana or medical marijuana product or if delivery of the medical marijuana or medical marijuana product is impossible, the medical marijuana or medical marijuana product shall be immediately sent back to the originating licensee who retains legal ownership of the products and the rejection and/or refusal shall be fully documented in accordance with OAC 442:10-7-1(c). For the purposes of this section, medical marijuana or medical marijuana product that is sent back to the originating licensee upon refusal to accept delivery solely because it is not packaged and labeled in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. 427,1 et seq., and these Rules shall not be considered medical marijuana waste, provided the medical marijuana or medical marijuana product were immediately sent back to the originating licensee upon refusal to accept delivery. If circumstances are such that the dispensary cannot refuse to accept delivery or immediately send back to the originating licensee the nonconforming medical marijuana or medical marijuana products back to the originating licensee, the dispensary shall dispose of the nonconforming medical marijuana and medical marijuana products in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules. Products may be returned to the licensed medical marijuana dispensary when found defective or hazardous to the health of the patient. The return of all medical marijuana and medical marijuana products from a licensed medical marijuana dispensary to a licensed medical marijuana processor or licensed medical marijuana commercial grower, or from a licensed medical marijuana processor to a licensed medical marijuana commercial grower, or from any other licensed entity that transferred medical marijuana products to another licensed entity shall be permitted.
(c) Documentation. A dispensary shall document any such return, nonacceptance, or disposal, and such documentation shall include at a minimum:
(1) The license number, name, contact information, and address of the licensee who sold or otherwise transferred the nonconforming medical marijuana or medical marijuana products to the dispensary;
(2) A complete inventory of the medical marijuana and medical marijuana products to be returned or disposed, including the batch number;
(3) The reason for the nonacceptance, return, or disposal; and
(4) The date of the nonacceptance, return, or disposal.
(d) General requirements. The following general label and packaging requirements, prohibitions, and exceptions shall apply to all medical marijuana and medical marijuana products being transferred or sold to a dispensary or by a dispensary:
(1) Labels, packages, and containers shall not be attractive to minors and shall not contain any content that reasonably appears to target children, including toys, cartoon characters, and similar images. Packages should be designed to minimize appeal to children and shall not depict images other than the business name logo of the medical marijuana producer and image of the product.
(2) Packaging must contain a label that reads: "Keep out of reach of children.", "Women should not use marijuana or marijuana products during pregnancy because of the risk of birth defects.", and "For use by licensed medical marijuana patients only." Beginning November 1, 2025, packaging must also contain a label that reads: “It is illegal to drive a motor vehicle while under the influence of marijuana or marijuana products.".
(3) All medical marijuana and medical marijuana products must be packaged in child-resistant containers, although the containers may be clear in order to allow licensed medical marijuana patient and licensed medical marijuana caregivers the ability to view the product inside the container, and placed into an exit package at the point of sale or transfer to a licensed medical marijuana patient or licensed medical marijuana caregiver.
(4) Labels must contain a warning that states "Women should not use marijuana or medical marijuana products during pregnancy because of the risk of birth defects."
(5) Packages and labels shall not contain any deceptive, false or misleading statements. For purposes of this section, information that is deceptive, false, or misleading includes:
(A) Any indication that the medical marijuana or medical marijuana product is organic, unless the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Section 6501 et seq.)) authorizes organic certification and designation for marijuana and marijuana products. This includes variants of the word "organic" such as "organix" and "organique."
(B) Any indication that the medical marijuana or medical marijuana product is "Pesticide-free," unless the medical marijuana or a medical-marijuana product was grown, harvested, processed, and dispensed without any pesticide.
(6)(5) No medical marijuana or medical marijuana products shall be intentionally or knowingly packaged or labeled so as to cause a reasonable patient confusion as to whether the medical marijuana or medical marijuana product is a trademarked product.
(7)(6) No medical marijuana or medical marijuana products shall be packaged or labeled in a manner that violates any federal trademark law or regulation.
(8)(7) Packages and labels shall not make any claims or statements that the medical marijuana or medical marijuana products provide health or physical benefits to the patient.
(9)(8) Packages and labels shall not contain the logo of the Oklahoma Medical Marijuana Authority.
(10)(9) Packages and labels shall not contain any universal symbols from another state, any statements that the medical marijuana was grown in another state, or any depictions, symbols, or other information that could cause a reasonable patient to be confused as to the state of origin of the medical marijuana or medical marijuana product.
(11)(10) Labels shall be designed and applied in a manner that does not cause patient confusion regarding the package's contents, potency, or other required information. In the event that any package or immediate container of medical marijuana or medical marijuana product is relabeled, all initial labels must be completely removed before the new label is applied. Covering an initial label with a new label is prohibited.
(12)(11) All packaging and labeling must contain current and accurate information on file with the Authority, including, but not limited to, the licensee's legal name, trade name, and license number.
(13)(12) Packages and labels shall be considered inaccurate if the difference in percentage of the cannabinoid and/or total THC claimed to be present on a package or label is plus or minus fifteen percent (15%) of the percentage on the COA. For example, bulk order packaging that identifies a THC amount as 100mg would be inaccurate if the COA for that production batch indicated a THC content of less than 85mg or more than 115mg.
(e) Label requirements for sales to dispensaries or by dispensaries.
(1) Labels on medical marijuana and medical marijuana products being transferred or sold to a dispensary or by a dispensary shall contain, at a minimum, the following information:
(A) The name and license number of the grower, dispensary, or processor who is selling or otherwise transferring the medical marijuana or medical marijuana products to the dispensary;
(B) Name of the medical marijuana or medical marijuana product;
(C) The batch number of the medical marijuana or medical marijuana product;
(D) Net quantity or weight of contents;
(E) Ingredients list;
(F) The Oklahoma Uniform Symbol in the manner and form prescribed by the Authority;
(G) THC potency on the COA for that batch;
(H) Total terpenoid content in the manner prescribed by the Authority;
(I) The date the medical marijuana or medical marijuana product was packaged, and
(J) The statement, "This product has been tested for contaminants."
(2) Labels for edible medical marijuana products shall also meet the requirements set forth in OAC 442:10-5-8.
(3) As applicable, inventory tracking system tags shall not obscure required label and packaging requirements.
(f) Label requirements for sales between growers and/or processors. All medical marijuana and medical marijuana products sold or otherwise transferred between growers and/or processors shall be labeled and the label shall contain, at a minimum, the following information:
(1) Name and license number of the grower or processor who is selling or otherwise transferring the medical marijuana or medical marijuana product;
(2) The batch number of the medical marijuana or medical marijuana product; and
(3) Date of harvest or production.
(g) Storage requirements for growers, processors, and dispensaries.
(1) Growers, processors, and dispensaries shall store medical marijuana and medical marijuana products under conditions and in a manner that protects the medical marijuana and medical marijuana products from physical and microbial contamination and deterioration.
(2) When not in use, medical marijuana and medical marijuana products shall be tagged and stored in receptacles that are capable of being fully closed and sealed and are kept fully closed and sealed.
(3) When any storage receptacle is in use and contains medical marijuana or medical marijuana products, commercial licensees shall identify the batch number and tag on the storage receptacle of all medical marijuana and medical marijuana products so that an inspector can easily identify to which batch the medical marijuana and medical marijuana products belong.
442:10-7-2. Prohibited products [AMENDED]
(a) No commercial licensee shall manufacture, process, or offer for sale or consumption any medical marijuana product intended to be attractive to children or minors.
(b) No commercial licensee, other than a licensed dispensary, shall offer for retail sale any marijuana seedlings or mature plants.
(c) No dispensary shall sell, distribute, or otherwise transferBeginning June 1, 2025, licensed medical marijuana dispensaries shall not receive, purchase, or otherwise acquire any medical marijuana flower, trim, shake, kief, medical marijuana productnoninfused pre-rolls, infused pre-rolls, or other flower-based product not defined as a concentrate, not packaged inunless such product is in pre-packaged form in package sizes weighing not less than one-half (1/2) of one (1) gram to not more than three (3) ouncesas required by OAC 442:10-7-1(a). Licensed medical marijuana dispensaries shall have until November 1, 2025, to sell, transfer, or waste any medical marijuana flower, trim, shake, kief, noninfused pre-rolls, infused pre-rolls, or other flower-based product not defined as a concentrate that is not in pre-packaged form but was physically received by the dispensary and accepted into the dispensary’s inventory in the State inventory tracking system prior to June 1, 2025. By November 1, 2025, all remaining medical marijuana flower, trim, shake, kief, noninfused pre-rolls, infused pre-rolls, or other flower-based product not defined as a concentrate that is not in pre-packaged form as required by OAC 442:10-7-1(a) must be either sold or transferred to a medical marijuana waste disposal facility with all transfers and sales tracked and reported in the State inventory tracking system.
SUBCHAPTER 8. LABORATORY TESTING
442:10-8-1. Testing standards and thresholds [AMENDED]
(a) Purpose. To ensure the suitability and safety for human consumption of medical marijuana and medical marijuana products, growers and processors are required to test medical marijuana and medical marijuana products for microbials, mycotoxins, residual solvents, pesticides, THC and cannabinoid concentration, terpenoid type and concentration, heavy metals, foreign materials and filth, and water activity and moisture content in accordance with the following standards and thresholds. No laboratory may test medical marijuana without a valid, unexpired testing laboratory license issued by the Authority. A licensed laboratory shall only send samples for testing to another Oklahoma licensed laboratory.
(b) Batches.
(1) Batch size. Growers shall separate all harvested medical marijuana into harvest batches that weigh less than or equal to fifteen (≤ 15) pounds with the exception of any plant material to be sold to a licensed processor for the purposes of turning the plant material into concentrate which may be separated into harvest batches that weigh less than or equal to fifty (≤ 50) pounds. Processors shall separate all medical marijuana product into production batches that contain a volume that is less than or equal to four (≤ 4) liters of liquid medical marijuana concentrate or that weigh less than or equal to nine (≤ 9) pounds for nonliquid medical marijuana products, and medical marijuana infused final products shall contain less than or equal to one-thousand (≤ 1,000) grams of total delta-9-tetrahydrocannabinol (∆-9-THC).
(2) Research and Development ("R&D") testing. Growers and processors may submit samples for research and development testing. R&D testing may be performed by a licensed laboratory in accordance with these Rules:
(A) Passing R&D test results. If a sample submitted to a laboratory passes a R&D test, it shall not constitute a pass for the purposes of compliance with required testing under this Subchapter;
(B) Failing R&D test results. If a sample submitted to a laboratory fails a R&D test, laboratories shall clearly note in the State's inventory tracking system and on any COA created for an R&D sample that the test results are for R&D purposes only; and
(C) Growers and processors shall ensure that any R&D testing done under this subsection is appropriately documented and identified in the State's inventory tracking system.
(c) Frequency. Growers and processors shall ensure samples from each final harvest batch and final production batch are collected, labeled, and tested in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules.
(d) Prohibitions. Growers, processors, and dispensaries shall not sell or otherwise transfer any final harvest batch or final product to a dispensary until the product has undergone final product testing. For the purposes of this section, “final product” means the finished product that is available for transport to a licensed medical marijuana dispensary and ready for consumption by licensed medical marijuana patients. Final product testing shall only be required when the final product is completed and prior to transfer to a licensed medical marijuana dispensary, licensed medical marijuana patient, or licensed medical marijuana caregiver.
(e) Authority required testing. The Authority may require a medical marijuana commercial business to submit a sample of medical marijuana, medical marijuana concentrate, or medical marijuana product to a licensed testing laboratory or the quality assurance laboratory upon demand when the Authority has reason to believe the medical marijuana is unsafe for patient consumption or inhalation or has not been tested in accordance with Oklahoma law and these regulations. The Authority may also require a medical marijuana business to periodically submit samples of medical marijuana or medical marijuana products to the quality assurance laboratory for quality assurance purposes. The licensee shall provide the samples or units of medical marijuana or medical marijuana products at its own expense but shall not be responsible for the costs of testing.
(f) Prohibited transfers. Except as is authorized in these Rules, growers, processors, and dispensaries shall dispose of and shall not use, sell, or otherwise transfer any medical marijuana or medical marijuana products that exceed any testing thresholds or fail to meet any other standards or requirements set forth in this Subchapter.
(g) Embargo and recall.
(1) Embargo. In the event that any medical marijuana or medical marijuana product is found by an authorized agent of the Authority to fail to meet the requirements of 63 O.S. § 420 et al., or the Oklahoma Medical Marijuana and Patient Protection Act as it relates to health and safety, the medical marijuana or medical marijuana product is handled in violation of applicable laws or rules and regulations promulgated by the Executive Director of the Authority, or the medical marijuana or medical marijuana product may be poisonous, deleterious to health or is otherwise unsafe, the following shall occur:
(A) All such medical marijuana and medical marijuana products in the possession of a commercial licensee shall be immediately affixed with an electronic tag, physical tag and/or other appropriate marking or hold, including a hold in the State's inventory tracking system, giving notice of the reason that the medical marijuana or medical marijuana product is subject to embargo. The affixed tag(s) and/or electronic hold shall further warn all persons not to remove or dispose of the medical marijuana or medical marijuana product by sale, donation, or otherwise transfer without permission of the Authority. It shall be unlawful for any person to remove or dispose of the embargoed medical marijuana or medical marijuana products without permission of the Authority.
(B) The Authority, upon determination that any medical marijuana or medical marijuana product embargoed is in violation of applicable laws, rules or regulations, or is otherwise poisonous, deleterious to health or unsafe for consumption may institute an action in a district court of competent jurisdiction for the condemnation and destruction of the medical marijuana or medical marijuana product in accordance with 63 O.S. § 427.24.
(C) The Authority, upon determination that any medical marijuana or medical marijuana product meets the requirements of applicable laws, rules or regulations, or otherwise is not poisonous, deleterious to health or unsafe shall remove the embargo.
(D) In the event any medical marijuana or medical marijuana products subject to an embargo are sold or otherwise transferred, such embargoed medical marijuana or medical marijuana products shall be recalled in accordance with these Rules.
(E) Every commercial licensee who is in possession or has ever had possession of such embargoed medical marijuana or medical marijuana products shall assist in the embargo.
(2) Recall. If any medical marijuana or medical marijuana products test above allowable thresholds, are the subject of an embargo, are otherwise determined to be unsafe, or that otherwise fail to meet standards set forth in this Subchapter, the following shall occur:
(A) Any commercial licensee with knowledge of such event shall immediately notify the Authority;
(B) All such medical marijuana and medical marijuana products shall be immediately recalled and cannot be sold or otherwise transferred; and
(C) Every commercial licensee who is in possession or has ever had possession of such medical marijuana or medical marijuana products shall assist in the immediate recall, including, but not limited to, the following:
(i) Undertake necessary measures to ensure any affected medical marijuana or medical marijuana products are not transferred;
(ii) Create a distribution list of all commercial licensees that received the medical marijuana or medical marijuana products subject to the recall, including the licensee’s name, license number, address and contact information;
(iii) Create a list identifying all medical marijuana or medical marijuana products subject to the recall, including the category of medical marijuana or medical marijuana products, product description, net contents, batch number, and, if applicable, the name and license number of the commercial licensee that cultivated or manufactured the medical marijuana or medical marijuana product subject to the recall;
(iv) Provide notice to all affected licensees and consumers once identified;
(v) Communicate with the Authority regarding the status of the recall and provide all required information and documentation to the Authority within two (2) weeks unless granted additional time by the Authority.
(vi) The Licensee's failure to timely comply with the provisions of this subsection and/or provide required information and documentation to the Authority may result in revocation, suspension, and monetary penalties. The Authority may also issue a public recall notice, at any time, if it determines it is necessary to protect the public's health safety and welfare.
(D) The commercial licensee whose harvest or production batch is being recalled, and who bears responsibility for the recall, shall bear the costs for disposal of all medical marijuana waste subject to the recall in accordance with Oklahoma law and these Rules.
(h) Retention of test results and records. Prior to accepting any sale or transfer of any medical marijuana or medical marijuana products, commercial licensees shall obtain copies of any and all COAs for every test conducted on the harvest batch(es), production batch(es), final harvest batch(es), or final production batch(es). Commercial licensees shall maintain copies of any and all COAs for at least seven (7) years and all records shall be kept on-site and readily accessible. Commercial licensees shall immediately, in the manner and form prescribed by the Authority, provide notification to the Authority of any medical marijuana or medical marijuana products that have failed testing, and such notification shall include copies of the applicable COAs. For medical marijuana testing laboratories, submission of a COA by the laboratory into the State's inventory tracking system is sufficient to meet the testing laboratory’s requirement to report and maintain such records; all other commercial licensees shall obtain and maintain copies of any and all COAs required under this section and all records shall be kept on-site and readily accessible. Licensed dispensaries shall produce any and all COAs required under this section for any products currently in the dispensary’s inventory upon request of a licensed medical marijuana patient or licensed medical marijuana caregiver
(i) Analyte testing requirements. If changes to this Subsection require a change in methodology, proficiency testing enrollment, or accreditation the medical marijuana testing laboratory has up to ninety (90) days to comply. The in-sample limit of quantification (LOQ) must be less than or equal to fifty percent (≤ 50%) of the allowable thresholds listed in this Section for residual solvents, mycotoxins, and metals. The in-sample limit of quantification (LOQ) for pesticides must be less than or equal to (≤) the allowable thresholds listed in OAC 442:10-8-1(i)(5).
(1) Microbial testing. Final harvest batch samples and final production batch samples shall be tested for microbial analytes in accordance with the following:
(A) Allowable thresholds. Samples shall be tested for the following microbial analytes and must be less than (<) the allowable thresholds, in colony forming units found in one gram (CFU/ g), listed below:
(i) All medical marijuana, medical marijuana products and medical marijuana concentrates, excluding pressurized metered dose inhaler products, metered dose nasal spray products, vaginal administration products or rectal administration products, shall be tested for the following microbial analytes and shall be less than the associated allowable threshold:
(I) Total yeast and mold microbials < 104 CFU/g;
(II) Shiga toxin-producing Escherichia coli (STEC) < 1 CFU/g;
(III) Pathogenic Salmonella spp. < 1 CFU/g;
(IV) Aspergillus flavus < 1 CFU/g;
(V) Aspergillus fumigatus < 1 CFU/g;
(VI) Aspergillus niger < 1 CFU/g; and
(VII) Aspergillus terreus < 1 CFU/g.
(ii) Pressurized metered dose inhaler and metered dose nasal spray medical marijuana and medical marijuana products shall be tested for the following microbial analytes and shall be less than the associated allowable threshold:
(I) Total yeast and mold microbials < 101 CFU/g;
(II) Total aerobic microbials < 102 CFU/g;
(III) Staphylococcus aureus < 1 CFU/g; and
(IV) Bile tolerant gram-negative bacteria < 1 CFU/g.
(iii) Vaginal administration products shall be tested for the following microbial analytes and shall be less than the associated allowable threshold:
(I) Total yeast and mold microbials < 101 CFU/g;
(II) Total aerobic microbials < 102 CFU/g;
(III) Staphylococcus aureus < 1 CFU/g;
(IV) Pseudomonas aeruginosa < 1 CFU/g; and
(V) Candida albicans < 1 CFU/g.
(iv) Rectal administration products shall be tested for the following microbial analytes and shall be less than the associated allowable threshold;
(I) Total yeast and mold microbials < 102 CFU/g; and
(II) Total aerobic microbials < 103 CFU/g.
(B) Instrumentation. Testing laboratories shall use a genetically based assay or agar plate culture to perform microbial testing. TheUnless otherwise specified by these rules, the current version of the manufacturer's instructions for use, including recommendations, must be followed unless otherwise specified by these rules.
(C) Methodologies. The method employed by a testing laboratory must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known microbial contamination values. Passing values must demonstrate the expected result.
(D) Genetically based assay. Genetically based assay testing requirements are as follows:
(i) Sample preparation. Sample must weigh greater than or equal to one gram (≥ 1 g). Methods of microbial sample preparation that reduce or kill the targeted microbes, such as cryogenic grinding or heat introduction, shall not be used. An enrichment step is not required for quantitative assays. For non-quantitative testing, the primary sample must be enriched and incubated for at least twenty-four (24) hours using enrichment media suitable for identification of the target organism and if the manufacturer does not offer instructions or recommendations regarding enrichment and incubation, then the primary sample must be enriched and incubated for at least twenty-four (24) hours using enrichment media suitable for identification of the target organism.
(ii) Laboratory quality control (LQC) samples. The following LQC samples must be run once every plate in an analytic run and must include:
(I) A positive control, for each targeted organism, that shall result in detection of amplification. If amplification of the target organism is not detected, all samples in the associated batch shall be reanalyzed. A positive control shall be a positive template control that contains the DNA sequence of the targeted analyte or a positive extraction control that contains a sample of the live microbial analyte, that was extracted using the same process as the samples; and
(II) A negative control that shall not result in amplification. If amplification is detected, all samples in the associated batch shall be re-analyzed;
(III) A laboratory replicate sample that demonstrates repeatability of the initial sample; and
(IV) An internal control, in each sample, that contains a non-targeted DNA sequence that is co-amplified with the targeted sequences and results in detection of amplification. If amplification is not detected that sample shall be reprepared and reanalyzed in a different batch. If amplification is not detected a second time, the sample shall be re-extracted and reprepared for new analysis.
(iii) Reporting results. Microbial analytes shall be reported to the nearest whole number, in CFU. All results shall include the sample weight in grams (g).
(E) Agar plate culture. If using agar plate culture methodologies, the following requirements apply:
(i) Sample preparation. The primary sample must weigh greater than or equal to one gram (≥ 1 g). Methods of microbial sample preparation that may reduce or kill targeted microbes, such as cryogenic grinding or heat introduction, shall not be used. An enrichment step is not required for quantitative assays. For non-quantitative testing, the primary sample must be enriched and incubated for at least twenty-four (24) hours using enrichment media suitable for identification of the target organism. The primary sample must be used for all additional analysis. If the primary sample has been depleted prior to additional analysis, the reserve sample must be enriched and incubated for forty-eight (48) hours, using enrichment media suitable for identification of the target organism.
(ii) Laboratory quality control (LQC) samples for qualitative agar plating. Plating techniques shall undergo an initial validation to determine an appropriate dilution factor. The following LQC samples must be run once every day and must include:
(I) A positive control, for each targeted microorganism, that shall result in detectable growth, or a positive reaction if the method uses a reaction to identify an organism;
(II) A negative control that shall not detect the presence of a microbial organism; and
(III) A laboratory replicate sample with results that match the initial sample results, detecting the presence or absence of a microbial organism.
(iii) Laboratory quality control (LQC) samples for quantitative agar plating. Plating techniques shall undergo an initial validation to determine an appropriate dilution factor. The following LQC samples must be run once every day of testing and must include:
(I) A positive control, for each targeted microorganism, that shall result in detectable growth; and
(II) A negative control that shall not result in detectable microbial growth.
(iv) Reporting Results. Microbial analytes shall be reported to the nearest whole number, in CFU. All results shall include the sample weight in grams (g). For non-quantitative testing, a result that exceeds the allowable thresholds for a microbial analyte must be verified in duplicate using the original enrichment from the primary sample. If the primary sample has been depleted prior to additional analysis, the reserve sample must be enriched and incubated for forty-eight (48) hours, using enrichment media suitable for identification of the target organism. Upon re-analysis, any result that exceeds allowable thresholds shall be considered a failure of the entire batch.
(F) Remediation. A final harvest batch of medical marijuana flower or of medical marijuana trim that fails microbial testing may be remediated into a solvent-based concentrate. All other types of final harvest batches and final production batches that fail microbial testing shall not be remediated. A final harvest batch, that is remediated into a final production batch, must be fully tested and successfully pass all the analytes required under this Subsection. If that batch fails to pass these testing requirements, it must be disposed of in accordance with the Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(G) Decontamination.
(i) A final harvest batch that has failed microbial testing may be decontaminated and returned to the grower, provided that the harvest batch remains in its original form and was not processed into a solvent-based medical marijuana concentrate.
(ii) A final production batch of a cannabinoid concentrate or cannabinoid extract that has failed microbial testing may be decontaminated.
(iii) A final harvest batch or a final production batch that is decontaminated, in accordance with this Subsection, must be fully tested and successfully pass all the analytes required under this Subchapter. A decontaminated final harvest batch or final production batch that fails to pass these testing requirements must be disposed of in accordance with the Waste Management Act, 63 O.S. § 427a et seq. and these Rules, except that, a final harvest batch of medical marijuana flower or of medical marijuana trim may be remediated in accordance with Subsection (F).
(2) Mycotoxins. Final production batch samples shall be tested for mycotoxin analytes in accordance with the following:
(A) Allowable thresholds. Samples shall be tested for the following mycotoxin analytes and shall be less than (<) the allowable threshold, in parts per billion (ppb), listed below:
(i) [Aflatoxin B1 + Aflatoxin B2 + Aflatoxin G1 + Aflatoxin G2] < 20 ppb; and
(ii) Ochratoxin A < 20 ppb.
(B) Instrumentation. For mycotoxin analyte testing, laboratories shall use Liquid Chromatography Tandem Mass Spectrometry (LC-MS/MS) with Electrospray Ionization (ESI), LC-MS/MS with Atmospheric Pressure Chemical Ionization (APCI), or Enzyme Linked Immunosorbent Assay (ELISA).
(C) Methodologies. A testing laboratory's method must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(D) Sample preparation. Sample must weigh greater than or equal to five tenths of a gram (≥ 0.5 g). Sample preparation solvents must be Liquid Chromatography Mass Spectrometry (LC-MS) grade. Solid form samples shall be homogenized by blending, using a food processor or similar apparatus, or cryogrinding. Liquid form samples shall be homogenized by stirring. Analytes shall be extracted from the sample using the following techniques: solid-liquid extraction or solid phase extraction.
(E) Laboratory quality control (LQC) requirements.
(i) LQC samples. The following LQC samples must be run with each analytic run, and repeated every twenty (20) samples in an analytic run and must include:
(I) A method blank with a resulting value that is less than or equal to the limit of quantification (≤LOQ);
(II) A laboratory control sample (LCS) shall be spiked at or near the allowable thresholds for all required analytes to be reported and shall be determined with the correction factor applied. The LCS shall be carried through preparation and analysis as if it were a sample. A percent recovery calculation will be performed using the following mathematical formula: the resulting LCS concentration shall be divided by the known analyte concentration, which will then be multiplied by one hundred [(LCS concentration / known analyte concentration) * 100]. If the continuing calibration verification (CCV) and LCS are the same material, then the LCS acceptable limit shall be plus or minus thirty percent (± 30%). If the CCV and LCS are different material, then the laboratory shall establish the ninety-nine percent (99%) confidence interval for control performance for each analyte. If insufficient historical data exists to establish the ninety-nine percent (99%) confidence interval, the laboratory shall use plus or minus forty percent (± 40%) as an interim limit. In no case shall the acceptable limit exceed forty percent (40%). If the LCS results fall outside of the acceptance limits, then a testing laboratory cannot verify that it is able to acceptably perform the analysis in a clean matrix. A failing LCS may be re-analyzed once. If the results of the re-analysis also fall outside of the acceptance limits, then all samples associated with the LCS must be re-prepared and re-analyzed, along with all other appropriate analysis batch QC samples;
(III) A matrix spike with a recovery greater than or equal to seventy percent (≥ 70%) and less than or equal to one hundred and thirty percent (≤ 130%) of expected values;
(IV) A matrix spike duplicate that results in a relative percent difference that is less than or equal to thirty percent (RPD ≤ 30%) for all mycotoxin analytes resulting in concentrations greater than (>) the LOQ; and
(V) Continuing calibration verification (CCV) with a recovery greater than or equal to seventy percent (≥ 70%) and less than or equal to one hundred and thirty percent (≤ 130%) of expected values. A CCV sample is required at the beginning of an analytic run, every twenty (20) samples, and at the end of the run.
(ii) Instrument QC. New calibrations must be accurately verified in the lower twenty-five percent (25%) of the calibration curve using second source certified reference materials (CRM) or a second preparation. Recoveries must be greater than or equal to seventy percent (≥ 70%) and less than or equal to one hundred and thirty percent (≤ 130%) of expected values.
(F) Calibration criteria. Calibrations shall include the following requirements:
(i) Testing laboratories may use commercially available CRM calibration standards or those prepared by the laboratory. Commercially available calibration standards shall only be used according to the manufacturer's instructions. All calibration standards shall be used before their date of expiration;
(ii) Data that is above the highest retained calibrator shall not be reported without qualification;
(iii) Matrix matching or surrogate matrix shall be used in calibration standards;
(iv) Five (5) levels of linear or weighted linear regression, or six (6) levels of quadradic regression, using an average response factor;
(v) A coefficient of determination that is greater than or equal to ninety-nine hundredths (R2 ≥ 0.99) and a relative standard error that is less than thirty percent (RSE < 30%); and
(vi) The calibration curve shall not be manipulated so that it artificially passes through zero.
(G) Reporting results. Mycotoxin analytes shall be reported to three (3) significant figures, using the unit parts per billion (ppb).
(H) Peak integration. Integration type and QC integration must correspond to the calibration integration. Peaks shall be integrated from baseline to baseline and non-resolved peaks shall be split peak at the valley minimum.
(H)(I) Remediation and decontamination. If a final production batch fails mycotoxin testing, that batch shall not be remediated or decontaminated and must be disposed of in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules.
(3) Residual solvents. Final production batch samples shall be tested for residual solvent analytes in accordance with the following:
(A) Allowable thresholds. Samples shall be tested for the following residual solvent analytes and shall be less than (<) the allowable threshold, in parts per million (ppm), listed below.
(i) Acetone < 1000 ppm;
(ii) Benzene < 2 ppm;
(iii) Butane < 1000 ppm;
(iv) Ethanol < 5000 ppm (required for inhaled products only);
(v) Ethyl acetate < 1000 ppm;
(vi) Heptane < 1000 ppm;
(vii) Hexane < 60 ppm;
(viii) Methanol < 600 ppm;
(ix) Pentane < 1000 ppm;
(x) Propane < 1000 ppm;
(xi) Isopropyl Alcohol < 1000 ppm;
(xii) Toluene < 180 ppm; and
(xiii) Total Xylenes (m, p, o-xylenes) < 430 ppm.
(B) Instrumentation. For residual solvent testing, laboratories shall use Headspace Gas Chromatography Flame Ionization Detection (GC-FID) or Headspace Gas Chromatography Mass Spectrometry (GC-MS).
(C) Methodologies. A testing laboratory's method must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(D) Sample preparation. Sample must weigh greater than or equal to two tenthsone hundredths of a gram (≥ 0.2 g)(>0.02g). The extraction and/or dilution solvent chosen for preparation of standards and samples shall not be included on the analyte list of residual solvents tested for in this subsection. All analytes shall be soluble in the extraction and/or dilution solvent. Background levels of contamination from laboratory solvents shall be controlled and shall be below the allowable threshold for each solvent.
(E) Laboratory quality control (LQC) requirements.
(i) LQC samples. The following LQC samples must be run with each analytic run, and repeated every twenty (20) samples in an analytic run and must include:
(I) A method blank with a resulting value that is less than or equal to the limit of quantification (≤ LOQ);
(II) A laboratory control sample (LCS) shall be spiked at or near the allowable thresholds for all required analytes to be reported and shall be determined with the correction factor applied. The LCS shall be carried through preparation and analysis as if it were a sample. A percent recovery calculation will be performed using the following mathematical formula: the resulting LCS concentration shall be divided by the known analyte concentration, which will then be multiplied by one hundred [(LCS concentration / known analyte concentration) * 100]. If the continuing calibration verification (CCV) and LCS are the same material, then the LCS acceptable limit shall be plus or minus thirty percent (± 30%). If the CCV and LCS are different material, then the laboratory shall establish the ninety-nine percent (99%) confidence interval for control performance for each analyte. If insufficient historical data exists to establish the ninety-nine percent (99%) confidence interval, the laboratory shall use plus or minus forty percent (± 40%) as an interim limit. In no case shall the acceptable limit exceed forty percent (40%). If the LCS results fall outside of the acceptance limits, then a testing laboratory cannot verify that it is able to acceptably perform the analysis in a clean matrix. A failing LCS may be re-analyzed once. If the results of the re-analysis also fall outside of the acceptance limits, then all samples associated with the LCS must be re-prepared and re-analyzed, along with all other appropriate analysis batch QC samples;
(III) A matrix spike with a recovery greater than or equal to seventy percent (≥70%) and less than or equal to one hundred and thirty percent (≤ 130%) of expected values;
(IV) A matrix spike duplicate that results in a relative percent difference that is less than or equal to twenty percent (RPD ≤ 20%) for all residual solvent analytes resulting in concentrations greater than (>) the LOQ; and
(V) Continuing calibration verification (CCV) with a recovery that is greater than or equal to eighty percent (≥ 80%) and less than or equal to one hundred and twenty percent (≤ 120%) of expected values. A CCV sample is required at the beginning of an analytic run, every twenty (20) samples, and at the end of the run.
(ii) Instrument QC. New calibrations must be accurately verified using second source certified reference materials (CRM) or a second preparation in the lower twenty-five percent (25%) of the calibration curve. Recoveries must be greater than or equal to eighty percent (≥ 80%) and less than or equal to one hundred and twenty percent (≤ 120%).
(F) Calibration criteria. Calibrations shall include the following requirements:
(i) Testing laboratories may use commercially available CRM calibration standards or those prepared by the laboratory. Commercially available calibration standards shall only be used according to the manufacturer's instructions. All calibration standards shall be used before their date of expiration;
(ii) Data that is above the highest retained calibrator shall not be reported without qualification;
(iii) Five (5) levels of linear or weighted linear regression, or six (6) levels of quadradic regression, using an average response factor;
(iv) A coefficient of determination that is greater than or equal to nine hundred and ninety-five thousandths (R2 ≥ 0.995) and a relative standard error that is less than twenty-five percent (RSE < 25%); and
(v) The calibration curve shall not be manipulated so that it artificially passes through zero (0).
(G) Reporting results. Residual solvent analytes shall be reported to three (3) significant figures using the unit parts per million (ppm). Integration type and QC integration must correspond to the calibration integration. Peaks shall be integrated from baseline to baseline and non-resolved peaks shall be split peak at the valley minimum.
(H) Remediation. If a final production batch fails residual solvent testing, that batch shall not be remediated and must be disposed of in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules.
(I) Decontamination. A final production batch that has failed residual solvent testing may be decontaminated. A final production batch that is decontaminated, in accordance with this Subsection, must be fully tested and successfully pass all the analytes required under this Subchapter. A decontaminated final production batch that fails to pass these testing requirements must be disposed of in accordance with the Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(4) Metals. Final harvest batch samples and final production batch samples shall be tested for heavy metal analytes in accordance with the following:
(A) Allowable thresholds. Samples shall be tested for the following heavy metal analytes and shall be less than (<) the allowable threshold, in parts per million (ppm), as determined by the product form listed below:
(i) Inhaled product, administration by metered dose nasal spray, or pressurized metered dose inhaler medical marijuana and medical marijuana products shall be tested for the following heavy metal analytes and shall be less than the associated allowable thresholds:
(I) Arsenic < 0.2 ppm;
(II) Cadmium < 0.2 ppm;
(III) Lead < 0.5 ppm; and
(IV) Mercury < 0.1 ppm.
(ii) Topical and transdermal medical marijuana and medical marijuana products shall be tested for the following heavy metal analytes and shall be less than the associated allowable thresholds:
(I) Arsenic < 3 ppm;
(II) Cadmium < 3 ppm;
(III) Lead < 10 ppm; and
(IV) Mercury < 1 ppm.
(iii) Oral consumption, rectal, or vaginal administration medical marijuana and medical marijuana products shall be tested for the following heavy metal analytes and shall be less than the associated allowable thresholds:
(I) Arsenic < 1.5 ppm;
(II) Cadmium < 0.5 ppm;
(III) Lead < 1 ppm; and
(IV) Mercury < 1.5 ppm.
(B) Instrumentation. For heavy metal analyte testing, laboratories shall use Inductively Coupled Plasma Mass Spectrometry (ICP-MS) equipped with Collision/Reaction Cell technology or Coupled Plasma Optical Emission Spectroscopy (ICP-OES). For sample preparation, a closed vessel microwave digestion system capable of reaching two hundred and ten degrees Celsius (210 °C), or a hot plate capable of reaching ninety-five degrees Celsius (95 °C) for one (1) hour, are required.
(C) Methodologies. A testing laboratory's method must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI). All internally developed methods shall comply with AOAC Standard Method Performance Requirements (SMPR) 2020.001. For Determination of Heavy Metals in a Variety of Cannabis and Cannabis-Derived Products. (2020);
(D) Sample preparation. Samples must weigh greater than or equal to five tenths of a gram (≥ 0.5 g). Internal Standardsstandards must be used for all analytessamples. Recovery of internal standards must be greater than or equal to fifty percent (≥ 50%) and less than or equal to two hundred percent (≤ 200%). A fifteen (15) minute pre-digestion is required to initiate the breakdown of hydrocarbons. Glass vials must be acid washed before use. Concentrated ultrapure, or equivalent nitric acid (HNO3) shall be used for sample digestion and concentrated ultrapure, or equivalent hydrochloric acid (HCl) shall be used for mercury stabilization. The diluent for sample preparation shall be determined by the following formula: one to five percent volume per volume HNO3 and five tenths percent volume by volume HCl solution in deionized water with a resistance greater than eighteen megaohms per centimeter [1% - 5% (v/v) HNO3 / 0.5% (v/v) HCl solution in DI Water (Resistance > 18 MΩ•cm)]. The rinse blank solution shall be prepared on the same day as analysis and shall be determined by the following formula: one to five percent volume per volume HNO3 and five tenths percent HCl solution in deionized water with a resistance greater than eighteen megaohms per centimeter [1% - 5% (v/v) HNO3 / 0.5% HCl solution in DI Water (Resistance > 18 MΩ•cm)]. When mercury analysis is performed, gold shall be added to the rinse blank, calibrators, samples, and LQC samples to a concentration of a hundred micrograms per liter (100 µg/L).
(E) Laboratory quality control (LQC) requirements.
(i) LQC samples. The following LQC samples must be run with each analytic run, and repeated every twenty (20) samples in an analytic run and must include:
(I) A method blank with a resulting value that is less than the limit of quantification (< LOQ);
(II) A laboratory control sample (LCS) shall be spiked at or near the allowable thresholds for all required analytes to be reported and shall be determined with the correction factor applied. The LCS shall be carried through preparation and analysis as if it were a sample. A percent recovery calculation will be performed using the following mathematical formula: the resulting LCS concentration shall be divided by the known analyte concentration, which will then be multiplied by one hundred [(LCS concentration / known analyte concentration) * 100]. If the continuing calibration verification (CCV) and LCS are the same material, then the LCS acceptable limit shall be plus or minus thirty percent (± 30%). If the CCV and LCS are different material, then the laboratory shall establish the ninety-nine percent (99%) confidence interval for control performance for each analyte. If insufficient historical data exists to establish the ninety-nine percent (99%) confidence interval, the laboratory shall use plus or minus forty percent (± 40%) as an interim limit. In no case shall the acceptable limit exceed forty percent (40%). If the LCS results fall outside of the acceptance limits, then a testing laboratory cannot verify that it is able to acceptably perform the analysis in a clean matrix. A failing LCS may be re-analyzed once. If the results of the re-analysis also fall outside of the acceptance limits, then all samples associated with the LCS must be re-prepared and re-analyzed, along with all other appropriate analysis batch QC samples;
(III) A matrix spike with a recovery greater than or equal to eighty percent (≥ 80%) and less than or equal to one hundred twenty percent (≤ 120%) of expected values;
(IV) A matrix spike duplicate that results in a relative percent difference that is less than or equal to twenty percent (RPD ≤ 20%) for all heavy metal analytes resulting in concentrations greater than (>) the LOQ; and
(V) Continuing calibration verification (CCV) with a recovery greater than or equal to eighty-five percent (≥ 85%) and less than or equal to one hundred and fifteen percent (≤ 115%) of expected values. A CCV sample is required at the beginning of an analytic run, every twenty (20) samples, and at the end of the run.
(ii) Instrument QC. New calibrations must be accurately verified using second source certified reference materials (CRM) or a second preparation targeting the lower twenty-five percent (25%) of the calibration curve. Recoveries must be greater than or equal to eighty-five percent (≥ 85%) and less than or equal to one hundred and fifteen percent (≤ 115%).
(F) Calibration criteria. Calibrations shall include the following requirements:
(i) Testing laboratories may use commercially available CRM calibration standards or those prepared by the laboratory. Commercially available calibration standards shall only be used according to the manufacturer's instructions. All calibration standards shall be used before their date of expiration;
(ii) A minimum of three replicate integrations are required for each analyte;
(iii) Data that is above the highest retained calibrator shall not be reported without qualification;
(iv) Five (5) levels of linear or weighted linear regression; and
(v) A coefficient of determination that is greater than or equal to nine hundred and ninety-five thousandths (R2 ≥ 0.995) and a relative standard error that is less than twenty-five percent (RSE < 25%).
(G) Reporting results. Heavy metal analytes shall be reported to three (3) significant figures, using the unit ppm and on a dry weight basis, for samples that require reporting moisture results, as determined by the following equation: the moistureanalyte concentration of the sample as it was received, divided by the percent moisture of the sample subtracted from one hundred, multiplied by one hundred, equals the corrected moisture concentration dry weight ([("As received" concentration) / (100 - % moisture)] x 100 = corrected moisture concentration dry weight).
(H) Remediation and decontamination. If a final harvest batch or final production batch fails heavy metal testing, that batch shall not be remediated or decontaminated and must be disposed of in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules. The Authority may report to the Oklahoma Department of Environmental Quality all test results showing samples failing heavy metals testing.
(5) Pesticide residue. Final harvest batch samples and final production batch samples shall be tested for pesticide analytes in accordance with the following:
(A) Allowable thresholds. Samples shall be tested for the following pesticide analytes and shall be less than (<) the allowable threshold, in parts per million (ppm), listed below:
(i) Testing for the following pesticide analytes and allowable thresholds shall be required:
(I) Abamectin (B1a & B1b) < 0.5 ppm;
(II) Azoxystrobin < 0.2 ppm;
(III) Bifenazate < 0.2 ppm;
(IV) Etoxazole < 0.2 ppm;
(V) Imazalil < 0.2 ppm;
(VI) Imidacloprid < 0.4 ppm;
(VII) Malathion < 0.2 ppm;
(VIII) Myclobutanil < 0.2 ppm;
(IX) Permethrins (cis & trans) < 0.2 ppm;
(X) Spinosad (mixture of A and D) < 0.2 ppm;
(XI) Spiromesifen < 0.2 ppm;
(XII) Spirotetramat < 0.2 ppm; and
(XIII) Tebuconazole < 0.4 ppm.
(B) Instrumentation. For pesticide analyte testing, laboratories shall use any combination of the following: LC-MS/MS with ESI, LC-MS/MS with APCI, or Gas Chromatography Tandem Mass Spectrometry (GC-MS/MS).
(C) Methodologies. The method employed by a testing laboratory must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(D) Sample preparation. Sample must weigh greater than or equal to five tenths of a gram (≥ 0.5 g). Sample preparation solvents must be LC-MS grade. Internal standards must be used for all analytessamples. Solid form samples shall be homogenized by blending, using a food processor or similar apparatus, or cryogrinding. Liquid form samples shall be homogenized by stirring. Analytes shall be extracted from the sample using the following techniques: solid-liquid extraction or solid phase extraction.
(E) Laboratory quality control (LQC) requirements.
(i) LQC samples. The following LQC samples must be run with each analytic run, and repeated every twenty (20) samples in an analytic run and must include:
(I) A method blank with a resulting value that is less than or equal to the limit of quantification (≤ LOQ);
(II) A laboratory control sample (LCS) shall be spiked at or near the allowable thresholds for all required analytes to be reported and shall be determined with the correction factor applied. The LCS shall be carried through preparation and analysis as if it were a sample. A percent recovery calculation will be performed using the following mathematical formula: the resulting LCS concentration shall be divided by the known analyte concentration, which will then be multiplied by one hundred [(LCS concentration / known analyte concentration) * 100]. If the continuing calibration verification (CCV) and LCS are the same material, then the LCS acceptable limit shall be plus or minus thirty percent (± 30%). If the CCV and LCS are different material, then the laboratory shall establish the ninety-nine percent (99%) confidence interval for control performance for each analyte. If insufficient historical data exists to establish the ninety-nine percent (99%) confidence interval, the laboratory shall use plus or minus forty percent (± 40%) as an interim limit. In no case shall the acceptable limit exceed forty percent (40%). If the LCS results fall outside of the acceptance limits, then a testing laboratory cannot verify that it is able to acceptably perform the analysis in a clean matrix. A failing LCS may be re-analyzed once. If the results of the re-analysis also fall outside of the acceptance limits, then all samples associated with the LCS must be re-prepared and re-analyzed, along with all other appropriate analysis batch QC samples;
(III) A matrix spike with a recovery greater than or equal to seventy percent (≥ 70%) and less than or equal to one hundred thirty percent (≤ 130%) of expected values;
(IV) A matrix spike duplicate that results in a relative percent difference that is less than or equal to thirty percent (RPD ≤ 30%) for all pesticide residue analytes resulting in concentrations greater than (>) the LOQ; and
(V) Continuing calibration verification (CCV) with a recovery greater than or equal to seventy percent (≥ 70%) and less than or equal to one hundred and thirty percent (≤ 130%) of expected values. A CCV sample is required at the beginning of an analytic run, every twenty (20) samples, and at the end of the run.
(ii) Instrument QC. New calibrations must be accurately verified using second source certified reference materials (CRM) or a second preparation targeting the lower twenty-five percent (25%) of the calibration curve. Recoveries must be greater than or equal to seventy percent (≥ 70%) and less than or equal to one hundred and thirty percent (≤ 130%) of expected values.
(F) Calibration criteria. Calibrations shall include the following requirements:
(i) Testing laboratories may use commercially available CRM calibration standards or those prepared by the laboratory. Commercially available calibration standards shall only be used according to the manufacturer's instructions. All calibration standards shall be used before their date of expiration;
(ii) Data that is above the highest retained calibrator shall not be reported without qualification;
(iii) Matrix matching or a surrogate matrix shall be used in calibration standards; and
(iv) Internal standards with a correction factor that is greater than or equal to fifty percent (≥ 50%) and less than or equal to two hundred percent (≤ 200%);
(v) Five (5) levels of linear or weighted linear regression, or six (6) levels of quadratic regression;
(vi) A coefficient of determination that is greater than or equal to ninety-nine hundredths (R2 ≥ 0.99) and a relative standard error that is less than thirty percent (RSE < 30%); and
(vii) The calibration curve shall not be manipulated so that it artificially passes through zero (0).
(G) Reporting results. Pesticide analytes shall be reported to three (3) significant figures, using the unit parts per million. Samples that require moisture analysis shall be reported on a dry weight basis as determined by the following equation: the moistureanalyte concentration of the sample as it was received, divided by the percent moisture of the sample subtracted from one hundred, multiplied by one hundred, equals the corrected moisture concentration dry weight ([("As received" concentration) / (100 - % moisture)] x 100 = corrected moisture concentration dry weight).
(H) Positive identification. Positive identification of pesticide analytes using LC-MS/MS shall be deemed accurate only if there is a qualifier ion in transition; and the peak area ratio (quantitation transition/qualification transition) of the samples is within plus or minus fifty percent (± 50%) of the peak area ratio (quantitation transition/qualification transition) of the calibrator. Peak integration type and QC integration must correspond to the calibration integration. Peaks shall be integrated from baseline to baseline and non-resolved peaks shall be split peak at the valley minimum.
(I) Remediation and decontamination. If a final harvest batch or final production batch fails pesticide testing, that batch shall not be remediated or decontaminated and must be disposed of in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules. The Authority may report to the Oklahoma Department of Agriculture, Food, and Forestry all test results showing samples failing pesticide testing.
(6) THC and cannabinoid concentration. Final harvest batch samples and final production batch samples shall be tested for THC and cannabinoid concentration in accordance with the following:
(A) Cannabinoid analytes. Samples shall be tested for cannabinoid analytes including, but not limited to, the following:
(i) Cannabichromene (CBC);
(ii) Cannabidiol (CBD);
(iii) Cannabidiol acid (CBDA);
(iv) Cannabigerol (CBG);
(v) Cannabigerolic acid (CBGA);
(vi) Cannabinol (CBN);
(vii) Delta-8-tetrahydrocannabinol (∆-8-THC);
(viii) Delta-9-tetrahydrocannabinol (∆-9-THC);
(ix) Tetrahydrocannabinolic acid (THCA);
(x) Tetrahydrocannabivarin (THCV); and
(xi) Tetrahydrocannabivarinic acid (THCVA).
(B) Total cannabinoid concentrations. Samples shall be tested for total cannabinoid analyte concentrations in accordance with the following:
(i) Total ∆-9-THC concentration shall be determined by combining the THCA and ∆-9-THC concentrations using the following calculation: the THCA concentration as expressed in milligrams per gram multiplied by listed in the subsections below multiplied by eight hundred and seventy-seven thousandths plus the ∆-9-THC concentration expressed in milligrams per gram is equal to the total ∆-9-THC concentration as expressed in milligrams per gram [(THCA concentration (mg/g) x 0.877) + ∆-9-THC concentration (mg/g) = total ∆-9-THC concentration (mg/g)]; and
(ii) When the acidic form and the decarboxylated form of a cannabinoid are both detected, the total concentration for that cannabinoid shall be determined using the following calculation: the concentration of the cannabinoid's acidic form, expressed in milligrams per gram, multiplied by the conversion factor listed in the subsections below plus the concentration of the decarboxylated form, expressed in milligrams per gram equals the total concentration, as expressed in milligrams per gram, for that cannabinoid. [(acidic form [cannabinoid] concentration (mg/g) ×[conversion factor listed below]) + decarboxylated form [cannabinoid] concentration (mg/g) = total [cannabinoid] concentration (mg/g)].
(I) For CBD and CBDA use a conversion factor of eight hundred and seventy-seven thousandths (0.877).
(II) For CBG and CBGA use a conversion factor of eight hundred and seventy-eight thousandths (0.878).
(III) For THCV and THCVA use a conversion factor of eight hundred and sixty-seven thousandths (0.867).
(C) Instrumentation. For THC and cannabinoid concentration testing, laboratories shall use Liquid Chromatography Diode Array Detection (LC-DAD), LC-MS or Liquid Chromatography Ultraviolet (LC-UV).
(D) Methodologies. The method employed by a testing laboratory must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(E) Laboratory quality control (LQC) requirements.
(i) LQC samples. The following LQC samples must be run with each analytic run, and repeated every twenty (20) samples in an analytic run and must include:
(I) A method blank with a resulting value that is less than or equal to the limit of quantification (≤ LOQ);
(II) A laboratory control sample (LCS) shall be spiked and shall be determined with the correction factor applied. The LCS shall be carried through preparation and analysis as if it were a sample. A percent recovery calculation will be performed using the following mathematical formula: the resulting LCS concentration shall be divided by the known analyte concentration, which will then be multiplied by one hundred [(LCS concentration / known analyte concentration) * 100]. If the continuing calibration verification (CCV) and LCS are the same material, then the LCS acceptable limit shall be plus or minus thirty percent (± 30%). If the CCV and LCS are different material, then the laboratory shall establish the ninety-nine percent (99%) confidence interval for control performance for each analyte. If insufficient historical data exists to establish the ninety-nine percent (99%) confidence interval, the laboratory shall use plus or minus forty percent (± 40%) as an interim limit. In no case shall the acceptable limit exceed forty percent (40%). If the LCS results fall outside of the acceptance limits, then a testing laboratory cannot verify that it is able to acceptably perform the analysis in a clean matrix. A failing LCS may be re-analyzed once. If the results of the re-analysis also fall outside of the acceptance limits, then all samples associated with the LCS must be re-prepared and re-analyzed, along with all other appropriate analysis batch QC samples;
(III) A matrix spike with a recovery greater than or equal to eighty percent (≥ 80%) and less than or equal to one hundred and twenty percent (≤ 120%) of expected values;
(IV) A matrix spike duplicate that results in a relative percent difference that is less than or equal to twenty percent (RPD ≤ 20%) for all cannabinoid analytes resulting in concentrations greater than (>) the LOQ; and
(V) Continuing calibration verification (CCV) with a recovery greater than or equal to eighty-five percent (≥ 85%) and less than or equal to one hundred and fifteen percent (≤ 115%) of expected values. A CCV sample is required at the beginning of an analytic run, every twenty (20) samples, and at the end of the run.
(ii) Instrument QC. New calibrations must be accurately verified using second source certified reference materials (CRM) or a second preparation. Recoveries must be greater than or equal to eighty-five percent (≥ 85%) and less than or equal to one hundred and fifteen percent (≤ 115%) of expected values.
(F) Calibration criteria. Calibrations shall include the following requirements:
(i) Testing laboratories may use commercially available CRM calibration standards or those prepared by the laboratory. Commercially available calibration standards shall only be used according to the manufacturer's instructions. All calibration standards shall be used before their date of expiration;
(ii) Data that is above the highest retained calibrator shall not be reported without qualification;
(iii) Five (5) levels of linear or weighted linear regression;
(iv) A coefficient of determination that is greater than or equal to nine hundred and ninety-five thousandths (R2 ≥ 0.995) and a relative standard error that is less than twenty-five percent (RSE < 25%).
(G) Reporting results. Cannabinoid analytes shall be reported to three (3) significant figures. Samples that require moisture analysis shall be reported on a dry weight basis as determined by the following equation: the moistureanalyte concentration of the sample as it was received, divided by the percent moisture of the sample subtracted from one hundred, multiplied by one hundred, equals the corrected moisture concentration dry weight ([("As received" concentration) / (100 - % moisture)] x 100 = corrected moisture concentration dry weight).
(H) Peak integration. Integration type and QC integration must correspond to the calibration integration. Peaks shall be integrated from baseline to baseline and non-resolved peaks shall be split peak at the valley minimum.
(I) Total ∆-9-THC concentration acceptance criteria. If a sample of medical marijuana flower has a total ∆-9-THC concentration of greater than or equal to thirty percent (≥ 30%) or if a distillate sample has a total ∆-9-THC concentration of greater than or equal to ninety percent (≥ 90%), the following requirements shall apply before those results are reported:
(i) For medical marijuana flower with a total ∆-9-THC concentration that is:
(I) Greater than or equal to thirty percent (≥ 30%) total ∆-9-THC concentration, and less than thirty-two and five tenths percent (< 32.5%) total ∆-9-THC concentration, it must be retested using the primary sample. If the retest results are within plus or minus fifteen percent (± 15%) of the original results, the higher of the two results shall be reported. If the retest results are not within plus or minus fifteen percent (± 15%) of the original results, a third test must be performed. A median value of all three (3) test results shall be reported. If retesting under this subsection results in a value greater than or equal to thirty-two and five tenths percent (≥ 32.5%) total ∆-9-THC concentration, results may not be reported under this subunit and (II) of this unit applies; or
(II) Upon operational status of the Authority’s Quality Assurance Laboratory, a result that is greater than or equal to thirty-two and five tenths percent (≥ 32.5%) ∆-9-THC concentration, the Authority will collect a new primary and reserve sample from the source batch. The Authority will conduct testing for total ∆-9-THC concentration using the original reserve sample and the new primary sample. If both retest results are within plus or minus fifteen percent (± 15%) original results, the original results shall be reported. If the retest on the original reserve sample results in a value that is not within plus or minus fifteen percent (± 15%) of the original concentration, the Authority may refer the matter for further investigation. If the retest on the new primary sample results in a value that is not within plus or minus fifteen percent (± 15%) of the original results, the testing laboratory must retest using the new reserve sample and report those results. Testing values generated by the Authority shall not be reported in place of testing laboratory results.
(ii) For medical marijuana distillate with a total ∆-9-THC concentration that is:
(I) Upon operational status of the Authority’s Quality Assurance Laboratory, a result that is greater than or equal to ninety percent (≥ 90%) and less than ninety-five percent (< 95%) total ∆-9-THC concentration, it must be retested using the primary sample. If the retest results are within plus or minus ten percent (± 10%) of the original results, the higher of the two results shall be reported. If the retest results are not within plus or minus ten percent (± 10%) of the original results, a third test must be performed. A median value of all three (3) test results shall be reported. If retesting under this subsection results in a value that is greater than or equal to ninety-five percent (≥ 95%) total ∆-9-THC concentration, results may not be reported under this subunit and (II) of this unit applies; or
(II) Greater than or equal to ninety-five percent (≥ 95%) ∆-9-THC concentration, the Authority will collect a new primary and reserve sample from the source batch. The Authority will conduct testing for total THC concentration using the original reserve sample and the new primary sample. If both retest results are within plus or minus ten percent (± 10%) original results, the original results shall be reported. If the retest on the original reserve sample results in a value that is not within plus or minus ten percent (± 10%) of the original concentration, the Authority may refer the matter for further investigation. If the retest on the new primary sample results in a value that is not within plus or minus ten percent (± 10%) of the original results, the testing laboratory must retest using the new reserve sample and report those results. Testing values generated by the Authority shall not be reported in place of testing laboratory results.
(7) Terpenoid type and concentration. Final harvest batch samples and final production batch samples shall be tested for terpenoid type and concentration in accordance with the following:
(A) Terpene analytes. Samples shall be tested for terpene analytes including, but not limited to, the following:
(i) alpha-Bisabolol (α-Bisabolol);
(ii) beta-Caryophyllene (β-Caryophyllene);
(iii) Caryophyllene oxide;
(iv) Eucalyptol;
(v) alpha-Humulene (α-Humulene);
(vi) Limonene;
(vii) Linalool;
(viii) beta-Myrcene (β-Myrcene);
(ix) cis-Nerolidol;
(x) trans-Nerolidol;
(xi) alpha-Pinene (α-Pinene);
(xii) beta-Pinene (β-Pinene); and
(xiii) alpha-Terpinene (α-Terpinene).
(B) Instrumentation. For terpene analyte testing, laboratories shall use GC-MS or GC-FID.
(C) Sample preparation. Sample must weigh greater than or equal to two tenths of a gram (≥ 0.2 g).
(D) Methodologies. The method employed by a testing laboratory must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(E) Laboratory quality control (LQC) requirements.
(i) LQC samples. The following LQC samples must be run with each analytic run, and repeated every twenty (20) samples in an analytic run and must include:
(I) A method blank with a resulting value that is less than or equal to the limit of quantification (≤ LOQ);
(II) A laboratory control sample (LCS) shall be spiked at or near the allowable thresholds for all required analytes to be reported and shall be determined with the correction factor applied. The LCS shall be carried through preparation and analysis as if it were a sample. A percent recovery calculation will be performed using the following mathematical formula: the resulting LCS concentration shall be divided by the known analyte concentration, which will then be multiplied by one hundred [(LCS concentration / known analyte concentration) * 100]. If the continuing calibration verification (CCV) and LCS are the same material, then the LCS acceptable limit shall be plus or minus thirty percent (± 30%). If the CCV and LCS are different material, then the laboratory shall establish the ninety-nine percent (99%) confidence interval for control performance for each analyte. If insufficient historical data exists to establish the ninety-nine percent (99%) confidence interval, the laboratory shall use plus or minus forty percent (± 40%) as an interim limit. In no case shall the acceptable limit exceed forty percent (40%). If the LCS results fall outside of the acceptance limits, then a testing laboratory cannot verify that it is able to acceptably perform the analysis in a clean matrix. A failing LCS may be re-analyzed once. If the results of the re-analysis also fall outside of the acceptance limits, then all samples associated with the LCS must be re-prepared and re-analyzed, along with all other appropriate analysis batch QC samples;
(III) A matrix spike with a recovery greater than or equal to eighty percent (≥ 80%) and less than or equal to one hundred and twenty percent (≤ 120%) of expected values;
(IV) A matrix spike duplicate that results in a relative percent difference that is less than or equal to twenty percent (RPD ≤ 20%) for all terpenoid analytes resulting in concentrations greater than (>) the LOQ; and
(V) Continuing calibration verification (CCV) with a recovery greater than or equal to eighty-five percent (≥ 85%) and less than or equal to one hundred and fifteen percent (≤ 115%) of expected values. A CCV sample is required at the beginning of an analytic run, every twenty (20) samples, and at the end of the run.
(ii) Instrument QC. New calibrations must be accurately verified using second source certified reference materials (CRM) or a second preparation that targets the lower twenty-five percent (25%) of the calibration curve. Recoveries must be greater than or equal to eighty-five percent (≥ 85%) and less than or equal to one hundred and fifteen percent (≤ 115%) of expected values.
(F) Calibration criteria. Calibrations shall include the following requirements:
(i) Testing laboratories may use commercially available CRM calibration standards or those prepared by the laboratory. Commercially available calibration standards shall only be used according to the manufacturer’s instructions. All calibration standards shall be used before their date of expiration;
(ii) Data that is above the highest retained calibrator shall not be reported without qualification;
(iii) Five (5) levels of linear regression or six (6) levels of quadratic regression;
(iv) A coefficient of determination that is greater than or equal to ninety-eight hundredths (R2 ≥ 0.98) for linear regression. For quadratic regression, a coefficient of determination that is greater than or equal to ninety-nine hundredths (R2 ≥ 0.99) is required; and
(v) The calibration curve shall not be manipulated so that it artificially passes through zero (0).
(G) Reporting results. Terpenoid analytes shall be reported to three (3) significant figures. Samples that require moisture analysis shall be reported on a dry weight basis as determined by the following equation: the moistureanalyte concentration of the sample as it was received, divided by the percent moisture of the sample subtracted from one hundred, multiplied by one hundred, equals the corrected moisture concentration dry weight ([("As received" concentration) / (100 - % moisture)] x 100 = corrected moisture concentration dry weight).
(H) Positive identification. Positive identification of a terpenoid analyte using GC-MS requires the presence of the target ions and all qualifier ions.
(8) Foreign materials and filth. Final harvest batch samples and final production batch samples shall be tested for foreign materials and filth in accordance with the following:
(A) Allowable thresholds. Foreign materials and filth are contaminants that include any biological or chemical agent, foreign matter, or other substances not intentionally added to medical marijuana or medical marijuana products that may compromise safety or suitability. Samples shall be tested for foreign material and filth contaminants in accordance with the following:
(i) Organic contaminants. Foreign organic material shall be less than or equal to two percent (≤ 2%) by weight of each sample; and
(ii) Inorganic contaminants. Inorganic material, including but not limited to plastic, glass, and metal shavings, shall not be present in a sample.
(B) Methodologies. The method employed by a testing laboratory must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(C) Reporting results. Results shall be reported as passing or failing.
(D) Remediation. A final harvest batch of medical marijuana flower or of medical marijuana trim that fails foreign materials and filth testing may be remediated into a solvent-based concentrate. All other types of final harvest batches and final production batches that fail foreign materials and filth testing shall not be remediated. A final harvest batch, that is remediated into a final production batch, must be fully tested and successfully pass all the analytes required under this Subsection. If that batch fails to pass these testing requirements, it must be disposed of in accordance with the Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(E) Decontamination. If a final harvest batch or final production batch fails foreign materials and filth testing, that batch may decontaminated. A final harvest batch or final production batch that is decontaminated in accordance with this Subsection must be fully tested and successfully pass all the analytes required under this Subchapter. A decontaminated final harvest batch or production batch that fails to pass these testing requirements must be disposed of in accordance with the Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(9) Water activity and moisture content. Final harvest batch samples shall be tested to determine the level of water activity and the percentage of moisture content in accordance with this subsection. This subsection shall not apply to harvest batches that are fresh frozen.
(A) Sample preparation. Sample must weigh greater than or equal to five tenths of a gram (≥ 0.5 g).
(B) Water activity. Samples shall be tested to determine the level of water activity in accordance with the following:
(i) Allowable thresholds. A final harvest batch sample shall be deemed to have passed water activity testing if the water activity is less than or equal to sixty-five hundredths (≤ 0.65 aw).
(ii) Instrumentation. Testing laboratories shall use a water activity calibrated measurement system capable of a measurement resolution of one thousandth water activity (0.001 aw) with an accuracy of plus or minus five thousandths water activity (±0.005 aw), with a measurement range of at least four tenths to eight tenths water activity (0.40 to 0.80 aw), and capable of a temperature measurement resolution of one tenth degree Celsius (0.1 °C) with an accuracy of one tenth degree Celsius (0.1 °C).
(iii) Methodologies. The method employed by a testing laboratory must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(iv) Laboratory quality control (LQC) samples. The following LQC samples must be run once per day in an analytic run and must include:
(I) A sample replicate that results in a relative percent difference that is less than or equal to five percent (RPD ≤ 5%); and
(II) Continuing calibration verification (CCV) with a recovery greater than or equal to ninety-five percent (≥ 95%) and less than or equal to one hundred and five percent (≤ 105%) of expected values.
(v) Reporting results. Results shall be reported to two (2) decimal places, using the unit water activity (aw).
(C) Moisture content. Samples shall be tested to determine the percentage (%) of moisture content in accordance with the following:
(i) Allowable thresholds. A final harvest batch sample shall be deemed to have passed moisture content testing if the moisture content is less than or equal to fifteen percent (≤ 15.0%) of the dry weight of the sample.
(ii) Instrumentation. To test the moisture content of a sample, laboratories shall use an oven for the loss on drying technique, a moisture analyzer, or the Karl Fischer technique.
(iii) Methodologies. The method employed by a testing laboratory must pass a matrix proficiency test as required by the Authority. Upon operational status of the Authority’s Quality Assurance Laboratory, the Authority will conduct the matrix proficiency test and will supply medical marijuana samples with known analyte concentration values. Passing values must be within plus or minus two and a half on a standard deviation index (± 2.5 SDI).
(iv) Laboratory quality control (LQC) samples when using the loss on drying technique or a moisture analyzer. The following LQC samples shall be run once per day in an analytic run and shall include:
(I) A laboratory duplicate sample that results in a relative percent difference that is less than or equal to twenty percent (RPD ≤ 20%); and
(II) A continuing calibration verification (CCV) to verify the laboratory balance used by using a calibrated weight set, result must be less than or equal to one tenth percent (≤ 0.1%) difference from assigned mass.
(v) Laboratory quality control (LQC) samples when using the Karl Fischer technique. The following LQC samples shall be run once per day in an analytic run and shall include:
(I) A method blank with a resulting value that is less than or equal to the limit of quantification (≤ LOQ);
(II) A laboratory duplicate sample that results in a relative percent difference that is less than or equal to ten percent (RPD ≤ 10%);
(III) A continuing calibration verification (CCV) that shows that the water standard is within the stated criteria for the standard used; and
(IV) Instrument QC, titer shall be determined following the manufacturer's instructions and recommendations.
(vi) Reporting results. Results shall be reported to three (3) significant figures indicating the percentage of moisture content by dry weight in the sample.
(D) Remediation. A final harvest batch of medical marijuana flower or of medical marijuana trim that fails water activity or moisture content testing may be remediated into a solvent-based concentrate. All other types of final harvest batches that fail moisture content testing shall not be remediated. A final harvest batch, that is remediated into a final production batch, must be fully tested and successfully pass all the analytes required under this Subsection. If that batch fails to pass these testing requirements, it must be disposed of in accordance with the Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(E) Decontamination. A final harvest batch that fails water activity or moisture content testing may be further dried and cured by the grower. A final harvest batch that is decontaminated as described in this section must be fully tested and successfully pass all the analytes required under this Subchapter. A decontaminated final harvest batch that fails to pass these testing requirements must be disposed of in accordance with the Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(j) Retesting. If a final harvest batch or final production batch fails any analyte testing, the final harvest batch or final production batch may be retested in accordance with the following:
(1) Any retesting of a reserve sample requested by the originating licensee must be requested within thirty (30) days. The reserve sample shall be used first for all retesting. If there is not enough reserve sample for any additional tests required under this Subsection, a new sample may be collected. The new sample must be a representative sample of the batch and shall be gathered in accordance with these Rules.
(2) The retest may be limited to testing for the category of analyte that has failed testing. For example, if a primary sample fails pesticide testing, testing of the reserve sample may be limited to pesticide testing.
(3) If the first retest fails testing for the same analyte that failed the initial test, the final harvest batch or final production batch must either be remediated or decontaminated in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules, or must be disposed of in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(4) If the first retest(s) passes testing, a second retest shall be conducted to confirm the final product does not exceed allowable thresholds and is safe to consume. If the second retest also passes for the same analyte, the batch may be processed, sold, or otherwise transferred. If the second retest fails for the same analyte that failed the initial test, the final harvest batch or final production batch must either be remediated or decontaminated in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules, or must be disposed of in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(5) If during the first retest, a final harvest batch or final production batch fails testing for an analyte that passed initial testing, the final harvest batch or final production batch must pass testing for that analyte during the second retest.
(6) Any final harvest batch or final production batch that is retested and does not have two (2) successful tests for each analyte must either be remediated or decontaminated in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules, or must be disposed of in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. and these Rules.
(7) At the request of the grower or processor, the Authority may authorize a re-test to validate a failed test result on a case-by-case basis. All costs of the re-test will be borne by the grower or the processor requesting the re-test.
(k) Remediation, decontamination, and retesting, general. Growers and processors must, as applicable:
(1) Have detailed procedures for remediation and decontamination processes.
(2) Document all re-sampling, re-testing, decontamination, remediation, and/or disposal of marijuana or marijuana-derived products that fail laboratory testing under these Rules.
(3) Prior to samples being taken, inform the laboratory that the final harvest batch or final production batch has failed testing and is being re-tested after undergoing remediation or decontamination.
(4) Prior to retesting, provide to the testing laboratory a document specifying how the final product was remediated or decontaminated. This document shall be retained by the laboratory together with other testing documentation.
(l) Testing of pre-rolls, kief, shake and trim.
(1) Pre-rolls. Pre-rolls may be created in accordance with the following:
(A) Noninfused pre-rolls. Growers, processors and dispensaries may create noninfused pre-rolls from flower, shake, or trim collected from single harvest or multiple harvest batches. For multiple harvest batches, the plant material must be homogenized into a new batch that weighs less than or equal to fifteen (≤ 15) pounds. Noninfused pre-rolls created by a grower, processor or dispensary are subject to the same testing requirements of a final harvest batch under this subsection and must successfully pass all the analytes required under this subsection prior to transfer to a licensed medical marijuana dispensary, licensed medical marijuana patient, or licensed medical marijuana caregiver.
(B) Infused pre-rolls. Only processors may create infused pre-rolls. Infused pre-rolls must be tested for microbials, mycotoxins, residual solvents, heavy metals, pesticide residue, THC and cannabinoid concentration, terpenoid type and concentration, foreign material and filth, and water activity and moisture content.
(2) Kief. Growers and processors may collect kief from multiple harvest batches. The kief must be homogenized into a new batch that weighs less than or equal to fifteen (≤ 15) pounds. Kief collected by a grower or processor is subject to the same testing requirements of a final harvest batch under this subsection.
(3) Shake and trim. Growers and processors may collect shake and trim from multiple harvest batches. The shake and trim must be homogenized into a new batch that weighs less than or equal to fifty (≤ 50) pounds. Shake and trim collected by a grower or processor is subject to the same testing requirements of a final harvest batch under this subsection.
(4) Medical marijuana concentrate and medical marijuana infused products. Medical marijuana concentrate and medical marijuana infused products, excluding infused pre-rolls, must be tested for microbials, mycotoxins, residual solvents, heavy metals, pesticide residue, THC and cannabinoid concentration, terpenoid type and concentration, and foreign material and filth.
442:10-8-3. Sampling requirements and procedures [AMENDED]
(a) General requirements. Samples must be collected, handled, stored, and disposed of in accordance with this Section. Individuals collecting samples are called "Samplers."
(1) Samplers shall:
(A) Follow the approved standard operating procedures of the laboratory that will be testing the samples collected
(B) Be trained on how to collect samples in accordance with the standard operating procedures of the laboratory(ies) that will be conducting the testing on the samples collected;
(C) Have access to a copy of the laboratory's standard operating procedures while they are collecting the samples; and
(D) Follow inventory manifest requirements set forth in these Rules.
(2) Samplers shall collect samples at the location of the grower, processor or dispensary and must affix the samples with a tamper-evident seal at the time of collection.
(3) All commercial transporters, growers, processors or dispensaries transporting samples to a laboratory shall be prohibited from storing samples at any location other than the laboratory facility. All samples must be delivered the day of collection.
(4) Final product samples must be collected and tested before being transferred, or sold, to a dispensary. For the purposes of this Subsection “final product” means the following:
(A) For all medical marijuana and medical marijuana products excluding medical marijuana products that are administered via inhalation, "final product" means the form medical marijuana or a medical marijuana product is in when sold or transferred.
(B) For medical marijuana products that are administered via inhalation, "final product" means the form the medical marijuana product is in after being placed into any physical glass, metal, or plastic cartridge or container used to smoke, vaporize, vape, or e-cigarette the product.
(5) The sampler shall collect both a primary sample and a reserve sample from each final harvest batch and final production batch. The sample shall be clearly and conspicuously labeled, and the label shall include at least the following information:
(A) Whether the sample is the "Primary Sample" or "Reserve Sample";
(B) The name and license number of grower, processor or dispensary from whom the sample was taken; and
(C) The batch number of the final harvest batch or final production batch from which the sample was taken.
(6) The primary sample and reserve sample shall be stored separately and analyzed separately. The reserve sample shall only be used for quality control purposes or for retesting in accordance with OAC 442:10-8-1(j).
(7) Samples shall be transported and subsequently stored at the laboratory in a manner that prevents degradation, contamination, and tampering. If the medical marijuana or medical marijuana product specifies on the label how the product shall be stored, the laboratory shall store the sample as indicated on the label.
(8) The sampler shall create and use a sample field log to record the following information for each sample, and copies of the sample field log shall be maintained by both the laboratory and the commercial licensee from which the samples are being collected. The field log shall include, at a minimum, the following information:
(A) Laboratory's name, address, and license number;
(B) Title and version of the laboratory's standard operating procedure(s) followed when collecting the sample;
(C) Sampler's name(s) and title(s);
(D) Date and time sampling started and ended;
(E) Grower's, processor's or dispensary's name, address, and license number;
(F) Batch number of the batch from which the sample was obtained;
(G) Sample matrix;
(H) Total batch size, by weight or unit count;
(I) Total weight or unit count of the primary sample;
(J) Total weight or unit count of the reserve sample;
(K) The unique sample identification number for each sample;
(L) Name, business address, and license number of the person who transports the samples to the laboratory;
(M) Requested analyses;
(N) Sampling conditions, including temperature;
(O) Problems encountered and corrective actions taken during the sampling process, if any; and
(P) Any other observations from sampling, including major inconsistencies in the medical marijuana color, size, or smell.
(9) The laboratory shall maintain inventory manifest documentation listed in OAC 442:10-3-6 and utilize an electronic inventory management system that meets the requirements set forth in OAC 442:10-5-6(d) for each sample that the laboratory collects, transports, and analyzes.
(10) Commercial licensees shall document all employee training on a testing laboratory's standard operating procedures.
(11) Commercial licensees must maintain the documentation required in these rules for at least seven (7) years and must provide that information to the Authority upon request.
(b) Sample size.
(1) To obtain a representative sample of a final harvest batch or the final product composed of non-infused pre-rolls, a total of one-half of one percent (0.5%) of the batch shall be collected from different areas of the batch following the laboratory's approved protocol. The sample shall then be well mixed and aliquoted into a primary sample and reserve sample. The primary sample and the reserve sample shall each weigh greater than or equal to five grams (≥ 5 g). Any amounts left over after aliquoting may be returned to the harvest or production batch.
(2) To obtain a representative sample of a final production batch that is a well mixed liquid, a sampler shall obtain a primary sample and a reserve sample that shall each weigh greater than or equal to five grams (≥ 5 g) To obtain a representative sample of infused pre-rolls or a non-liquid final production batch, one-half of one percent (0.5%) of the batch shall be collected from different portions of the batch following the laboratory's approved protocol. The sample shall then be well mixed and aliquoted into a primary sample and reserve sample, which shall be equal in amount. The primary sample and reserve sample shall each weigh greater than or equal to five grams (≥ 5 g). Any amount left over after aliquoting may be returned to the final production batch.
(c) Sampling standard operating procedures.
(1) Samples collected must be representative of the entire batch to ensure accurate microbial analysis and foreign material assessments.
(2) Sampling protocol shall be approved by the laboratory director. The laboratory shall develop and implement written sampling policies and procedures that are appropriate for each test method and each type of matrix to be tested and that are consistent with these regulations. Sampling procedures must describe the laboratory's method for collection, preparation, packaging, labeling, documentation, and transport of samples from each matrix type the laboratory tests.
(3) The sampling standard operating procedures (SOP) shall include at least the following information:
(A) A step-by-step guide for obtaining samples from each matrix type the laboratory samples;
(B) Protocols for ensuring that contaminants are not introduced during sampling, including protocols relating to the sanitizing of equipment and tools, protective garb, and sampling containers;
(C) Accepted test sample types;
(D) Minimum test sample size;
(E) Recommended test sample containers;
(F) Test sample labeling;
(G) Transport and storage conditions, such as refrigeration, as appropriate to protect the physical and chemical integrity of the sample;
(H) Other requirements, such as use of preservatives, inert gas, or other measures designed to protect sample integrity; and
(I) Chain-of-custody documentation for each sample in accordance with OAC 442:10-5-6.
(4) The sampling SOP shall be signed and dated by the medical laboratory director and shall include any revision dates and authors. The laboratory director's signature denotes approval of the plan.
(5) The laboratory shall retain a controlled copy of the sampling SOP on the laboratory premises and ensure that the sampling SOP is accessible to the sampler in the field during sampling.
(d) Sample handling, storage and disposal. A laboratory shall establish sample handling procedures for the tracking of test samples through the analytical process (by weight, volume, number, or other appropriate measure) to prevent diversion.
(1) The laboratory shall not accept a test sample that is less than the minimum amount listed in OAC 442:10-8-3(b);
(2) The laboratory shall store each test sample under the appropriate conditions appropriate to protect the physical and chemical integrity of the sample;
(3) Analyzed test samples consisting of medical marijuana or medical marijuana products shall be held in a controlled access area pending destruction or other disposal.
(4) Reserve samples shall be maintained and properly stored by the laboratory for at least thirty (30) days. Any retesting requested by the originating licensee must be requested within thirty (30) days to ensure the retesting occurs within the required thirty (30) day storage period for reserve samples.
(5) After the required thirty (30) day storage period, any portion of a medical marijuana or medical marijuana product test sample that is not destroyed during analysis shall be:
(A) Returned to the licensed individual or entity that provided the sample after the required retention period for reserve samples;
(B) Transported to a state or local law enforcement office; or
(C) Disposed of in accordance with OAC 442:10-5-10 (relating to medical marijuana waste disposal).
(e) Data reporting.
(1) The laboratory shall generate a certificate of analysis (COA) for each sample that the laboratory analyzes.
(2) The laboratory shall issue the COA to the originating licensee within two (2) business days after technical and administrative review of analysis has been completed. Any amendments to a COA shall include a revision identifier or report number, an explanation of the amendment, and shall identify all changes included in the amendment.
(3) All COAs, whether in paper or electronic form, shall contain, at minimum, the following information:
(A) The name, address, license number, and contact information of the laboratory that conducted the analysis;
(B) If the laboratory sends a sample to another laboratory for testing, the reference laboratory must be identified as having performed that test;
(C) The name, address, and license number of the requester;
(D) The description of the type or form of the test sample (leaf, flower, powder, oil, specific edible product, etc.) and its total primary sample weight in grams, reported to the nearest gram;
(E) The unique sample identifier;
(F) Batch number of the batch from which the sample was obtained;
(G) Sample history, including the date collected, the date received by the laboratory, and the date(s) of sample analyses and corresponding testing results, including units of measure where applicable;
(H) The analytical methods used, including at a minimum identification of the type of analytical equipment used (e.g., GC, HPLC, UV, etc.);
(I) The reporting limit for each analyte tested;
(J) Any compounds detected during the analyses of the sample that are not among the targeted analytes and are unknown, unidentified, tentatively identified or known and injurious to human health if consumed, if any;
(K) The identity of the supervisory or management personnel who reviewed and verified the data and results and ensured that data quality, calibration, and other applicable requirements were met;
(L) Definitions of any abbreviated terms; and
(M) The state inventory tracking system tag number,numbers, including the sample tag number, and the source package tag numbernumbers.
(4) The laboratory shall report test results for each primary sample on the COA as follows:
(A) When reporting quantitative results for each analyte, the laboratory shall use the appropriate units of measurement as required under this chapter and indicate "pass" or "fail";
(B) When reporting qualitative results for each analyte, the laboratory shall indicate "pass" or "fail";
(C) "Pass" and "Fail" must be clear, conspicuous, and easily identifiable in a font size no less than the size of 12 pt font in Times New Roman and shall not be in fine print or footnotes;
(D) When reporting results for any analytes that were detected below the analytical method limit of quantitation (LOQ), indicate "<LOQ" and list the results for analytes that were detected above the LOQ but below the allowable limit; and
(E) Indicate "NT" for not tested for any test that the laboratory did not perform.
(5) Upon detection of any compounds during the analyses of the sample that are not among the targeted analytes and are unknown, unidentified, tentatively identified, or known and injurious to human health if consumed, laboratories shall notify the Authority immediately and shall submit to the Authority a copy of the COA containing those compounds as required in OAC 442:10-8-3(e)(3)(I). The Authority may require a processor, grower, or dispensary to submit samples for additional testing, including testing for analytes that are not required by these Rules. The licensee shall provide the samples or units of medical marijuana or medical marijuana products at its own expense but shall not be responsible for the costs of testing.
(6) When a laboratory determines that a harvest batch or production batch has failed any testing, the laboratory shall immediately, in the manner and form prescribed by the Authority, notify the Authority and shall submit a copy of the COA. Submission of this information to the Authority through the State's inventory tracking system shall be sufficient to satisfy this reporting requirement.
SUBCHAPTER 9. WASTE DISPOSAL FACILITIES
442:10-9-1. License or permit required [AMENDED]
(a) No person or entity shall operate a medical marijuana waste disposal facility without first obtaining a license from the Authority pursuant to the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., other applicable Oklahoma law, including regulations of the Oklahoma Department of Environmental Quality, and the Rules in this Chapter. Only a person who is in compliance with the requirements of Oklahoma law and these Rules shall be entitled to receive or retain such a license or permit.
(b) There shall be no limit to the number of medical marijuana waste disposal licenses issued by the Authority.
(c) All license and permit applications shall be complete and accurate in every detail, shall include all attachments or supplemental information required by the forms supplied by the Authority, and shall be accompanied by full remittance of the entire application fee. Beginning November 1, 2025, applicants and licensees shall remit all required license and application fees, including any additional licensing fees, if applicable, in full within forty-five (45) days of notification by the Authority. Failure to remit such fees shall result in the denial of the application. Any misstatements, omissions, misrepresentations, or untruths made in the application shall be grounds for administrative action against the licensee by the Authority.
(d) All licenses and permits shall be on forms prescribed by the Authority.
(e) Application fees are nonrefundable.
(f) Upon issuance of a waste disposal facility license, each waste disposal facility licensee shall automatically receive a waste disposal transportation license. Medical marijuana waste disposal facility licensees shall ensure that a copy of the waste disposal transportation license is inside any vehicles used for transporting medical marijuana waste during transportation.
442:10-9-5. Inspections [AMENDED]
(a) Submission of an application for a medical marijuana waste disposal facility license or permit constitutes permission for entry to and inspection of any licensed premises and any vehicles on the licensed premises used for the transportation of medical marijuana and medical marijuana products during hours of operation and other reasonable times. Refusal to permit entry or impeding such entry or inspection shall constitute grounds for administrative penalties, which may include but are not limited to fines as set forth in Appendix C and the nonrenewal, suspension, and/or revocation of a license.
(b) The Authority may perform one annual unannounced on-site inspection of each licensed and/or permitted premises to determine, assess, and monitor compliance of applicable Oklahoma law and these Rules.
(c) The Authority shall conduct one on-site inspection of a waste disposal facility license or permit applicant prior to approving the application to determine if the proposed site and facility are physically and technically suitable, and that all application information and documentation is true and correct. The inspection shall also ensure the applicant meets all requirements in OAC 442:10-9-6.
(d) The Authority may conduct additional inspections to ensure correction of or investigate violations of applicable Oklahoma law and these Rules.
(e) The Authority shall refer all complaints alleging criminal activity or other violations of Oklahoma law that are made against a waste disposal facility to appropriate Oklahoma state or local law enforcement or regulatory authorities.
(f) If the Authority discovers what it reasonably believes to be criminal activity or other violations of Oklahoma law during an inspection, the Authority may refer the matter to appropriate Oklahoma state or local law enforcement or regulatory authorities for further investigation. Except for license information concerning licensed patients, the Authority may share confidential information to assist other agencies in ensuring compliance with applicable laws, Rules and regulations.
(g) The Authority may review any and all records of a waste disposal facility and may require and conduct interviews with such persons or entities and persons affiliated with the facility, for the purpose of determining compliance with Authority rules and applicable laws. Failure to make documents or other requested information available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for administrative penalties, which may include but are not limited to fines as set forth in Appendix C and nonrenewal, suspension, and/or revocation of a license. All records shall be kept on-site and readily accessible.
(h) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules, during an inspection of the waste disposal facility, the Authority shall take administrative action in accordance with Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.
(i) Except as otherwise provided in Oklahoma law or these Rules, correctable violations identified during an inspectionwhich have been deemed as correctable by the Authority, and identified as such, in a written notice of violations shall be corrected within thirty (30) days of receipt of asaid written notice of violations. If a waste disposal facilitylicensee fails to correct violations within thirty (30) days, the entitylicensee will be subject to a fine in the amount set forth in Appendix C for each violation and any other administrative action and penalty authorized by law.
(j) The Authority may assess fines in the amounts set forth in Appendix C and seek any other administrative penalties authorized by law against a licensee without providing opportunity to correct when the violation is not capable of being corrected. The Authority may suspend or revoke a license for failure to pay any fine or monetary penalty lawfully assessed by the Authority against the licensee.
(k) A waste disposal facility permit that has been revoked shall be reinstated upon correction of each deficiency and remittance of a reinstatement fee of five hundred dollars ($500.00).
442:10-9-7. Audits and inventory [AMENDED]
(a) Audits. The Authority may perform on-site audits of all waste disposal facility licensees and permitted locations to ensure that all medical marijuana grown in Oklahoma is accounted for. Submission of an application for a medical marijuana waste disposal facility license constitutes permission for entry to any licensed premises and auditing of the licensee during hours of operation and other reasonable times. Refusal to permit the Authority entry or refusal to permit the Authority to inspect all books and records shall constitute grounds for administrative penalties, which may include, but is not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, or revocation of a license or permit.
(1) The Authority may review any and all records and information of a waste disposal facility licensee and may require and conduct interviews with such persons or entities and persons affiliated with such licensees, for the purpose of determining compliance with Authority rules and applicable laws. Failure to make documents or other requested information available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, or revocation of a license, or any other remedy or relief provided under law. All records shall be kept on-site and readily accessible.
(2) Waste disposal facility licensees shall comply with all written requests from the Authority to produce or provide access to records and information within ten (10) business days.
(3) If the Authority identifies a violation of the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., other applicable Oklahoma law, or these Rules during an audit of the licensee, the Authority shall take administrative action against the licensee in accordance with the Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.
(4) The Authority may refer all complaints alleging criminal activity or other violations of Oklahoma law that are made against a waste disposal licensee to appropriate Oklahoma state or local law enforcement or regulatory authorities.
(5) If the Authority discovers what it reasonably believes to be criminal activity or other violations of Oklahoma law during an audit, the Authority may refer the matter to appropriate Oklahoma state or local law enforcement or regulatory authorities for further investigation. Except for license information concerning licensed patients, the Authority may share confidential information to assist other agencies in ensuring compliance with applicable laws, Rules and regulations.
(6) Except as is otherwise provided in Oklahoma law or these Rules, correctable violations identified during an auditwhich have been deemed as correctable by the Authority, and identified as such, in a written notice of violations shall be corrected within thirty (30) days of receipt of asaid written notice of violation.
(7) If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine in the amount set forth in Appendix C for each violation and any other administrative action and penalty authorized by law.
(8) The Authority may assess fines in the amounts set forth in Appendix C and seek any other administrative penalties authorized by law against a licensee without providing opportunity to correct when the violation is not capable of being corrected. The Authority may suspend or revoke a license for failure to pay any fine or monetary penalty lawfully assessed by the Authority against the licensee.
(b) Inventory tracking system. Pursuant to 63 O.S. § 427.3(D)(8) and 63 O.S. § 427.13(B), each commercial licensee shall use the State inventory tracking system by inputting inventory tracking data required to be reported to the Authority directly into the State inventory tracking system or by utilizing a seed-to-sale tracking system that integrates with the State inventory tracking system. All commercial licensees must have an inventory tracking system account activated to lawfully operate and must ensure all information is reported to the Authority accurately and in real time or after each individual sale in accordance with 63 O.S. § 427.13(B)(1) and these Rules. All commercial licensees shall ensure the following information and data are accurately tracked and timely reported to the Authority through the State inventory tracking system
(1) The chain of custody of all medical marijuana and medical marijuana products, including every transaction with another commercial licensee, patient or caregiver, including but not limited to:
(A) The name, address, license number and phone number of the medical marijuana business that cultivated, manufactured, sold, purchased, or otherwise transferred the medical marijuana or medical marijuana product(s);
(B) The type, item, strain, and category of medical marijuana or medical marijuana product(s) involved in the transaction;
(C) The weight, quantity, or other metric required by the Authority, of the medical marijuana or medical marijuana product(s) involved in the transaction;
(D) The batch number of the medical marijuana or medical marijuana product(s);
(E) The total amount spent in dollars;
(F) All point-of-sale records as applicable;
(G) All inventory manifests and other documentation relating to the transport of medical marijuana or medical marijuana products as required under OAC 442:10-3-6(b);
(H) Testing results and information;
(I) Waste records and information;
(J) Marijuana excise tax records, if applicable;
(K) Inventory tracking system tag number(s);
(2) The entire life span of a licensee's stock of medical marijuana and medical marijuana products, including, at a minimum, notifying the Authority:
(A) When medical marijuana seeds or clones are planted;
(B) When medical marijuana plants are harvested and/or destroyed;
(C) When medical marijuana is transported, or otherwise transferred sold, stolen, diverted, or lost;
(D) When medical marijuana changes form, including, but not limited to, when it is planted, cultivated, processed, and infused or otherwise processed into a final product;
(E) A complete inventory of all medical marijuana; seeds; plant tissue; clones; usable medical marijuana; trim; shake; leaves; other plant matter; and medical marijuana products; and
(3) Any further information the Authority determines is necessary to ensure all medical marijuana and medical marijuana products are accurately and fully tracked throughout the entirety of the life span of the plant and product.
(c) Seed-to-sale tracking system. A commercial licensee shall use a seed-to-sale tracking system or integrate its own seed-to-sale tracking system with the State inventory tracking system established by the Authority. If a commercial licensee uses a seed-to-sale tracking system that does not integrate with the State inventory tracking system, or does integrate but does not share all required information, the commercial licensee shall ensure all required information is reported directly into the State inventory tracking system.
(d) Inventory tracking system requirements.
(1) At a minimum, commercial licensees shall track, update and report its inventory after each individual sale to the Authority in the State inventory tracking system.
(2) All commercial licensees must ensure all on-premises and in-transit medical marijuana and medical marijuana product inventories are reconciled each day in the State inventory tracking system at the close of business, if not already done.
(3) Commercial licensees are required to use inventory tracking system tags from an Authority-approved supplier for the State inventory tracking system. Each licensee is responsible for the cost of all inventory tracking system tags and any associated vendor fees.
(A) A commercial licensee shall ensure its inventories are properly tagged and that an inventory tracking system tag is properly assigned to medical marijuana, medical marijuana products, and medical marijuana waste as required by the Authority.
(B) A commercial licensee shall ensure it has an adequate supply of inventory tracking system tags at all times. If a commercial licensee is unable to account for unused inventory tracking system tags, the commercial licensee must report to the Authority and the State inventory tracking system vendor within forty-eight (48) hours.
(C) Inventory tracking system tags must contain the legal name and correct license number of the commercial licensee that ordered them. Commercial licensees are prohibited from using another licensee's inventory tracking system tags.
(D) The inventory tracking system tag shall be placed on the container holding the medical marijuana plant and must remain physically near and clearly associated with the medical marijuana plant until the plant reaches twelve (12) inches in height. Clones must be tracked in the state seed-to-sale system and must be associated with a wholesale package tag, whether cut from a mother plant or transferred from another licensee, prior to reaching twelve (12) inches in height.
(E) When the plant reaches twelve (12) inches in height, the inventory tracking system tag shall be securely fastened to a lower supporting branch. The inventory tracking system tag shall remain affixed for the entire life of the plant until disposal. If the plant changes forms, is removed from the original planting location after harvest, or is being trimmed, dried, or cured by the grower, the inventory tracking system tag shall be placed on the container holding the medical marijuana plants and/or must remain physically near and clearly associated with the medical marijuana plants until the plant is placed into a package in both the seed-to-sale tracking system and physically packaged and affixed with the inventory tracking system tag.
(F) Mother plants must be tagged before any cuttings or clones are generated therefrom.
(G) If an inventory tracking system tag gets destroyed, stolen, or falls off of a medical marijuana plant or medical marijuana product, the licensee must ensure a new inventory tracking system tag is placed on the medical marijuana plant or medical marijuana product and the change of the inventory tracking system tag is properly reflected in the State inventory tracking system.
(H) Commercial licensees shall not reuse any inventory tracking system tag that has already been affixed to any regulated medical marijuana or medical marijuana products.
(4) Each wholesale package of medical marijuana must have an inventory tracking system tag during storage and transfer and may only contain one harvest batch of medical marijuana.
(5) Prior to transfer, commercial licensees shall ensure that each immature plant is properly affixed with an inventory tracking system tag if the plant was not previously tagged in accordance with these Rules.
(6) Commercial licensees' inventory must have an inventory tracking system tag properly affixed to all medical marijuana products during storage and transfer in one of the following manners:
(A) Individual units of medical marijuana products shall be individually affixed with an inventory tracking system tag; or
(B) Marijuana products may only be combined in a single wholesale package using one inventory tracking system tag if all units are from the same production batch.
(7) If any medical marijuana or medical marijuana products are removed from a wholesale package, each individual unit or new wholesale package must be separately tagged.
(8) All packages of medical marijuana waste shall have an inventory tracking system tag affixed and the contents of the waste package shall be reported in the State inventory tracking system.
(e) Inventory tracking system administrators and users.
(1) The inventory tracking system administrator must attend and complete all required inventory tracking system training.
(2) If at any point, the inventory tracking system administrator for a licensee changes, the commercial licensee shall change or assign a new inventory tracking system administrator within thirty (30) business days.
(3) Commercial licensees shall maintain an accurate and complete list of all inventory tracking system administrators and employee users.
(4) Commercial Licensees shall ensure that all owners and employees that are granted inventory tracking system account access for the purpose of conducting inventory tracking functions are trained and authorized before the owners or employees may access the State inventory tracking system.
(5) All inventory tracking system users shall be assigned an individual account in the State inventory tracking system.
(6) Any individual entering data into the State inventory tracking system shall only use the inventory tracking system account assigned specifically to that individual. Each inventory tracking system administrator and inventory tracking system user must have unique log-in credentials that shall not be used by any other person.
(7) Within three (3) business days, commercial licensees must remove access for any inventory tracking system administrator or user from their accounts if any such individual no longer utilizes the State inventory tracking system or is no longer employed by the commercial licensee.
(f) Loss of use of the State inventory tracking system. If at any time a commercial licensee loses access to the State inventory tracking system due to circumstances beyond the commercial licensee's control, the commercial licensee shall keep and maintain records detailing all inventory tracking activities that were conducted during the loss of access. Once access is restored, all inventory tracking activities that occurred during the loss of access must be immediately entered into the State inventory tracking system. If a commercial licensee loses access to the inventory tracking system due to circumstances within its control, the commercial licensee may not perform any business activities that would be required to be reported into the State inventory tracking system until access is restored and reporting is resumed; any transfer, sale, or purchase of medical marijuana or medical marijuana products would be an unlawful sale.
[OAR Docket #26-400; filed 6-3-26]
TITLE 450. Department of Mental Health and Substance Abuse Services
CHAPTER 17. STANDARDS AND CRITERIA FOR COMMUNITY MENTAL HEALTH CENTERS
[OAR Docket #26-526]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
450:17-1-2. Definitions [AMENDED]
Subchapter 3. Required Services
Part 1. REQUIRED SERVICES
450:17-3-2. Required core community mental health services [AMENDED]
Part 7. OUTPATIENT THERAPY SERVICES
450:17-3-61. Outpatient therapy services [AMENDED]
Part 23. WELLNESS SERVICES AND RELATED ACTIVITIES [REVOKED]
450:17-3-201. Wellness Services and Related Activities [REVOKED]
Subchapter 5. Optional Services
Part 10. WELLNESS SERVICES AND RELATED ACTIVITIES [NEW]
450:17-5-48. Wellness Services and Related Activities [NEW]
Part 25. CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS
450:17-5-170. Certified Community Behavioral Health Clinic [AMENDED]
450:17-5-173. Staffing; Treatment team [AMENDED]
450:17-5-177. General service provisions [AMENDED]
450:17-5-179. Primary care screening and monitoring [AMENDED]
450:17-5-183. Care coordination [AMENDED]
450:17-5-187. Behavioral health rehabilitation services [AMENDED]
450:17-5-189.1. Individual Placement and Support services [REVOKED]
AUTHORITY:
Oklahoma Board of Mental Health and Substance Abuse Services; 43A O.S. § 3-306.1
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 14, 2025
COMMENT PERIOD:
November 17, 2025 through December 17, 2025
PUBLIC HEARING:
December 17, 2025
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule revisions remove Wellness Services and Individual Placement and Support services as required Community Mental Health Center/Certified Community Behavioral Health Clinic services. Revisions also clarify and amend requirements related to primary care screening and monitoring, outreach, rehabilitation services, and care coordination. Further language clean-up is also included.
CONTACT PERSON:
Josh Bouye, Director of Behavioral Health Policy, Oklahoma Department of Mental Health and Substance Abuse Services, Josh.Bouye@odmhsas.org, (405) 839-4596
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
450:17-1-2. Definitions [AMENDED]
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Abuse" means the causing or permitting of harm or threatened harm to the health, safety, or welfare of a consumer by a staff responsible for the consumer's health, safety, or welfare, including but not limited to: non-accidental physical injury or mental anguish; sexual abuse; sexual exploitation; use of mechanical restraints without proper authority; the intentional use of excessive or unauthorized force aimed at hurting or injuring the resident; or deprivation of food, clothing, shelter, or healthcare by a staff responsible for providing these services to a consumer.
"Adults who have a Serious Mental Illness" means persons eighteen (18) years of age or older who show evidence of points of (A), (B) and (C) below:
(A) The disability must have persisted for six months and be expected to persist for a year or longer.
(B) A condition or Serious Mental Illness as defined by the most recently published version of the DSM or the International Classification of Disease (ICD) equivalent with the exception of DSM "V" codes, substance abuse, and developmental disorders which are excluded, unless they co-occur with another diagnosable Serious Mental Illness.
(C) The adult must exhibit either (i) or (ii) below:
(i) Psychotic symptoms of a Serious Mental Illness (e.g. Schizophrenia characterized by defective or lost contact with reality, often hallucinations or delusions); or
(ii) Experience difficulties that substantially interfere with or limit an adult from achieving or maintaining one or more developmentally appropriate social, behavioral, cognitive, communicative, or adaptive skills. There is functional impairment in at least two of the following capacities (compared with expected developmental level):
(I) Impairment in self-care manifested by a person's consistent inability to take care of personal grooming, hygiene, clothes and meeting of nutritional needs.
(II) Impairment in community function manifested by a consistent lack of appropriate behavioral controls, decision-making, judgment and value systems which result in potential involvement or involvement with the criminal justice system.
(III) Impairment of social relationships manifested by the consistent inability to develop and maintain satisfactory relationships with peers.
(IV) Impairment in family function manifested by a pattern of disruptive behavior exemplified by repeated and/or unprovoked violence, disregard for safety and welfare of self or others (e.g., fire setting, serious and chronic destructiveness, inability to conform to reasonable limitations and expectations.
(V) Impairment in functioning at school or work manifested by the inability to pursue educational or career goals.
"Advance Practice Registered Nurse" means a registered nurse in good standing with the Oklahoma Board of Nursing, and has acquired knowledge and clinical skills through the completion of a formal program of study approved by the Oklahoma Board of Nursing Registration and has obtained professional certification through the appropriate National Board recognized by the Oklahoma Board of Nursing. Advance Practice Registered Nurse services are limited to the scope of their practice as defined in 59 Okla. Stat. § 567.3a and corresponding rules and regulations at OAC 485:10-5-1 through 10-16-9.
"AOA" means American Osteopathic Association
"ASAM" means the American Society of Addiction Medicine.
"ASAM criteria" means the most current edition of the American Society of Addiction Medicine's published criteria for admission to treatment, continued services, and discharge.
"Behavioral Health Aide" or "BHA" means an individual who is credentialed by ODMHSAS to provide therapeutic behavioral services. In order to qualify as a BHA an individual must possess certification as a Behavioral Health Case Manager and successfully complete training as prescribed by ODMHSAS.
"Behavioral Health Case Manager" or "CM" means any person who is certified by the ODMHSAS as a Behavioral Health Case Manager pursuant to Oklahoma Administrative Code, Title 450, Chapter 50.
"Case management services" means planned referral, linkage, monitoring and support, and advocacy provided in partnership with a consumer to assist that consumer with self sufficiency and community tenure and take place in the individual's home, in the community, or in the facility, in accordance with a service plan developed with and approved by the consumer and qualified staff.
"CARF" means Commission on Accreditation of Rehabilitation Facilities
"Certified Alcohol and Drug Counselor" or "CADC" means an individual with certification as an Alcohol and Drug Counselor from the Oklahoma Board of Licensed Alcohol and Drug Counselors.
"Child with Serious Emotional Disturbance" or "SED" means a child under the age of 18 who shows evidence of points of (A), (B) and (C) below:
(A) The disability must have persisted for six months and be expected to persist for a year or longer.
(B) A condition or Serious Emotional Disturbance as defined by the most recently published version of the DSM or the International Classification of Disease (ICD) equivalent with the exception of DSM "V" codes, substance use disorders, and developmental disorders which are excluded, unless they co-occur with another diagnosable serious emotional disturbance.
(C) The child must exhibit either (i) or (ii) below:
(i) Psychotic symptoms of a Serious Mental Illness (e.g. Schizophrenia characterized by defective or lost contact with reality, often hallucinations or delusions); or
(ii) Experience difficulties that substantially interfere with or limit a child or adolescent from achieving or maintaining one or more developmentally appropriate social, behavioral, cognitive, communicative, or adaptive skills. There is functional impairment in at least two of the following capacities (compared with expected developmental level):
(I) Impairment in self-care manifested by a person's consistent inability to take care of personal grooming, hygiene, clothes and meeting of nutritional needs.
(II) Impairment in community function manifested by a consistent lack of age appropriate behavioral controls, decision-making, judgment and value systems which result in potential involvement or involvement with the juvenile justice system.
(III) Impairment of social relationships manifested by the consistent inability to develop and maintain satisfactory relationships with peers and adults.
(IV) Impairment in family function manifested by a pattern of disruptive behavior exemplified by repeated and/or unprovoked violence to siblings and/or parents, disregard for safety and welfare or self or others (e.g., fire setting, serious and chronic destructiveness, inability to conform to reasonable limitations and expectations which may result in removal from the family or its equivalent).
(V) Impairment in functioning at school manifested by the inability to pursue educational goals in a normal time frame (e.g., consistently failing grades, repeated truancy, expulsion, property damage or violence toward others).
"Chronic Homelessness"means a disabling condition in which and individual has either: (a) been continuously homeless for one (1) year or more, or (b) has had at least four (4) episodes of homelessness in the past three (3) years. For this condition, the individual must have been on the streets or in an emergency shelter (i.e. not transitional housing) during these episodes. Chronic homelessness only includes single individuals, not families. A disabling condition is a diagnosable substance abuse disorder, serious mental illness, or developmental disability, including the co-occurrence of two or more of these conditions.
"Clinical privileging" means an organized method for treatment facilities to authorize an individual permission to provide specific care and treatment services to consumers within well-defined limits, based on the evaluation of the individual's license, education, training, experience, competence, judgment, and other credentials.
"Clubhouse" means a psychiatric rehabilitation program currently certified as a Clubhouse through the International Center for Clubhouse Development (ICCD).
"Community living programs" means either transitional or permanent supported housing for persons not in crisis who need assistance with obtaining and maintaining an independent living situation.
"Community-based Structured Crisis Center" or "CBSCC" means a program of non-hospital emergency services for mental health and substance abuse crisis stabilization as authorized by 43A O.S. §3-317, including, but not limited to, observation, evaluation, emergency treatment and referral, when necessary, for inpatient psychiatric or substance abuse services. This service is limited to CMHC's and Comprehensive Community Addiction Recovery Centers (CCARCs) who are certified by the Department of Mental Health and Substance Abuse Services or facilities operated by the Department of Mental Health and Substance Abuse Services.
"Community mental health center" or "CMHC" means a facility offering a comprehensive array of community-based mental health services, including but not limited to, inpatient treatment, outpatient treatment, partial hospitalization, emergency care, consultation and education; and, certain services at the option of the center, including, but not limited to, prescreening, rehabilitation services, pre-care and aftercare, training programs, and research and evaluation.
"Consultation" means the act of providing information or technical assistance to a particular group or individual seeking resolution of specific problems. A documented process of interaction between staff members or between facility staff and unrelated individuals, groups, or agencies for the purpose of problem solving or enhancing their capacities to manage consumers or facilities.
"Consumer" means an individual, adult, adolescent, or child, who has applied for, is receiving or has received evaluation or treatment services from a facility operated or certified by ODMHSAS or with which ODMHSAS contracts and includes all persons referred to in OAC Title 450 as client(s) or patient(s) or resident(s) or a combination thereof.
"Consumer advocacy" means activities on behalf of the consumer to assist with or facilitate resolution of problems in the acquisition of resources or services needed by the consumer.
"Consumer committee" or "consumer government" means any established group within the facility comprised of consumers, led by consumers and meets regularly to address consumer concerns to support the overall operations of the facility.
"Contract" means a document adopted by the governing authority of a treatment facility and any other organization, facility, or individual, which specifies services, personnel, or space to be provided by the program, as well as the monies to be expended in exchange.
"Co-occurring disorder" (COD) means any combination of mental health symptoms and substance use disorder symptoms or diagnoses that affect a consumer and are typically determined by the current Diagnostic and Statistical Manual of Mental Disorders.
"Co-occurring disorder capability" means the organized capacity within any type of program to routinely screen, identify, assess, and provide properly matched interventions to consumers with co-occurring disorders.
"Crisis Diversion" means an unanticipated, unscheduled situation requiring supportive assistance, face-to-face or telephone, to resolve immediate problems before they become overwhelming and severely impair the individual's ability to function or maintain in the community.
"Crisis Intervention" means actions taken, and services provided to address emergency psychological, physiological, and safety aspects of alcohol, drug-related, and mental health crises.
"Crisis stabilization" means emergency, psychiatric, and substance use disorder treatment services for the resolution of crisis situations and may include placement of an individual in a protective environment, basic supportive care, and medical assessment, and, if needed, referral to an ODMHSAS certified facility having nursing and medical support available.
"Critical incident" means an occurrence or set of events inconsistent with the routine operation of a facility, service setting, or otherwise routine care of a consumer. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to consumers, staff and visitors; medication errors; residential consumers that are absent without leave (AWOL); neglect or abuse of a consumer; fire; unauthorized disclosure of information; damage to or theft of property belonging to consumers or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.
"Cultural competency" means the ability to recognize, respect, and address the unique needs, worth, thoughts, communications, actions, customs, beliefs and values that reflect an individual's racial, ethnic, religious, sexual orientation, and/or social group.
"Designated Collaborating Organization" or "DCO" means a provider with whom a Certified Community Behavioral Health Clinic has a formal relationship to provide certain allowable services on behalf of the Certified Community Behavioral Health Clinic.
"DSM" means the most current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
"Emergency detention" means the detention of a person who appears to be a person requiring treatment in a facility approved by the Commissioner of Mental Health and Substance Abuse Services as appropriate for such detention after the completion of an emergency examination, either in person or via telemedicine, and a determination that emergency detention is warranted for a period not to exceed one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, except upon a court order authorizing detention beyond a one hundred twenty (120) hour period or pending the hearing on a petition requesting involuntary commitment or treatment as provided by 43A of the Oklahoma Statutes.
"Emergency examination" means the examination of a person who appears to be a mentally ill person, an alcohol-dependent person, or drug-dependent person and a person requiring treatment, and whose condition is such that it appears that emergency detention may be warranted by a licensed mental health professional to determine if emergency detention of the person is warranted.
"Emergency services" means a twenty-four (24) hour capability for assessment, intervention, and resolution of a consumer's crisis or emergency provided in response to unanticipated, unscheduled emergencies requiring prompt intervention to resolve immediate, overwhelming problems that severely impair the individual's ability to function or remain in the community and may include placement of the individual in a protective environment, withdrawal management, individual and group consultation, and medical assessment.
"Face-to-face" means, for the purpose of the delivery of behavioral health care, an in-person encounter between the health care provider and the consumer, or a telehealth encounter with two-way video functionality.
"Facility" or "Facilities" means entities as described in Title 43A O.S. § 1-103(7), community mental health centers, residential mental health facilities, community based structured crisis centers, certified services for the alcohol and drug dependent, programs of assertive community treatment, eating disorder treatment, gambling addiction treatment, and narcotic treatment programs.
"Family" means the parents, brothers, sisters, other relatives, foster parents, guardians, and others who perform the roles and functions of family members in the lives of consumers.
"Follow-up" means the organized method of systematically determining the status of consumers after they have been discharged to determine post-treatment outcomes and utilization of post-treatment referrals.
"General psychiatric rehabilitation" or "PSR" means a type of psychiatric rehabilitation program which focuses on long term recovery and maximization of self-sufficiency, role function and independence. General psychiatric rehabilitation programs may be organized within a variety of structures which seek to optimize the participants' potential for occupational achievement, goal setting, skill development and increased quality of life.
"Home-based services to children and adolescents" means intensive therapeutic services provided in the home to children for the purpose of reduction of psychiatric impairment and preventing removal of the child to a more restrictive setting for care. Services include a planned combination of procedures developed by a team of qualified mental health professionals, including a physician.
"Homeless"means a state in which a person is sleeping in an emergency shelter; sleeping in places not meant for human habitation, such as cars, parks, sidewalks, or abandoned or condemned buildings; spending a short time (30 consecutive days or less) in a hospital or other institution, but ordinarily sleeping in the types of places mentioned above; living in transitional/supportive housing but having come from streets or emergency shelters; being evicted within a week from a private dwelling unit and having no subsequent residence identified and lacking the resources and support networks needed to obtain access to housing; being discharged from an institution and having no subsequent residence identified and lacking the resources and support networks needed to obtain access to housing; or is fleeing a domestic violence situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing.
"ICCD" means the International Center for Clubhouse Development.
"Independent living skills, assistance in development of" means all activities directed at assisting individuals in the development of skills necessary to live and function within the community, e.g., cooking, budgeting, meal planning, housecleaning, problem-solving, communication and vocational skills.
"Intensive services" means a comprehensive range of services, supports and coordinated care using a team-based approach that necessitate contact multiple times per week (or at a minimum, weekly) to a defined population. Coordination requires an ongoing relationship between the individual and a designated member of the care team.
"Licensed Behavioral Health Professional" or "LBHP" means:
(A) An Allopathic or Osteopathic Physician with a current license and board certification in psychiatry or board eligible in the state in which services are provided, or a current resident in psychiatry;
(B) An Advanced Practice Registered Nurse licensed as a registered nurse with a current certification of recognition from the board of nursing in the state in which services are provided and certified in a psychiatric mental health specialty;
(C) A Clinical Psychologist who is duly licensed to practice by the State Board of Examiners of Psychologists;
(D) A Physician Assistant who is licensed in good standing in Oklahoma and has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions;
(E) A practitioner with a license to practice in the state in which services are provided by one of the following licensing boards:
(i) Social Work (clinical specialty only);
(ii) Professional Counselor;
(iii) Marriage and Family Therapist;
(iv) Behavioral Practitioner; or
(v) Alcohol and Drug Counselor.
"Licensed mental health professional" or "LMHP"means a practitioner who meets qualifications as defined in Title 43A §1-103(11).
"Licensure candidate" means a practitioner actively and regularly receiving board approved supervision, and extended supervision by a fully licensed clinician if board's supervision requirement is met but the individual is not yet licensed, to become licensed by one of the following licensing boards:
(A) Psychology;
(B) Social Work (clinical specialty only);
(C) Professional Counselor;
(D) Marriage and Family Therapist;
(E) Behavioral Practitioner; or
(F) Alcohol and Drug Counselor.
"Linkage"means the communication and coordination with other service providers to assure timely appropriate referrals between the CMHC and other providers.
"Medical resident" means an allopathic physician or an osteopathic physician who is a graduate of a school of medicine or college of osteopathic medicine and who is receiving specialized training in a teaching hospital under physicians who are certified in that specialty.
"Medically necessary" means health care services or supplies needed to prevent, diagnose or treat an illness, injury, condition, disease or its symptoms and that meet accepted standards of medicine.
"Medication error" means an error in prescribing, dispensing or administration of medication, regardless if the error reached the consumer, e.g., omission of prescribed drugs, giving drugs not prescribed, prescribing inappropriate drugs, prescribing or administering incorrect dosages, incorrectly filling or labeling prescriptions, incorrectly transcribing medication orders.
"Mobile crisis" means the provision of crisis intervention services by at least one (1) professional at the location of a consumer who is not at the treatment facility (e.g., services provided at the consumer's home).
"Nurse Care manager" means a Licensed Practical Nurse (LPN) or a Registered Nurse (RN).
"ODMHSAS" means the Oklahoma Department of Mental Health and Substance Abuse Services.
"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A) (1) (a) and maintained in the Office of Administrative Rules.
"Peer Recovery Support Specialist" or "PRSS" means an individual who meets the qualifications and is certified as a PRSS pursuant to OAC 450:53.
"Performance Improvement" or "PI" means an approach to the continuous study and improvement of the processes of providing health care services to meet the needs of consumers and others. Synonyms, and near synonyms include continuous quality improvement, continuous improvement, organization-wide quality improvement and total quality management.
"Permanent supported housing" means a type of Community Living Program, either permanent scattered site housing or permanent congregate housing, where consumers are assisted with locating housing of their choice and are offered on-going support services based on need and choice to ensure successful independent living.
"PICIS System" means a management information system based on national standards for mental health and substance abuse databases. Information gathered through PICIS is used for prior authorizations, service utilization management and continuous quality improvement processes. PICIS data is reported throughout the treatment episode to ensure service recipients receive appropriate types and levels of care and are making satisfactory progress. Numerous reports are developed using PICIS data and are provided to clinicians, administrators and the general public.
"Primary Care Practitioner (PCP)" means a licensed allopathic physician, osteopathic physician, Advance Practice Registered Nurse (APRN), or Physician Assistant (PA) licensed in the State of Oklahoma.
"Program of Assertive Community Treatment" or "PACT"means a clinical program that provides continuous treatment, rehabilitation, and support services to persons with mental illness in settings that are natural to the consumer.
"Progress notes" mean a chronological written description of services provided to a consumer, resident, client, or patient that documents, utilizing acceptable documentation practices, the consumer's response related to the intervention plan or services provided.
"Psychiatric Residential Treatment Facility" or "PRTF" means a non-hospital facility that provides inpatient psychiatric services to individuals under the age of twenty-one (21).
"Psychosocial assessments"means in-person interviews conducted by professionally trained personnel designed to elicit historical and current information regarding the behavior and experiences of an individual, and are designed to provide sufficient information for problem formulation and intervention.
"Psychosocial rehabilitation" or "PSR" means curriculum based education and skills training performed to improve an individual's ability to function in the community. PSR provides an array of services that focus on long term recovery and maximization of self-sufficiency, role functioning, and independence, as distinguished from the symptom stabilization function of acute care.
"Psychotherapy"or "Therapy" means a goal directed process using generally accepted clinical approaches provided face-to-face by a qualified service provider with consumers in individual, group or family settings to promote positive emotional or behavioral change.
"Rehabilitation Services" means face-to-face individual or group services provided by qualified staff to develop skill necessary to perform activities of daily living and successful integration into community life.
"Resident" means a person residing in a community living program certified by ODMHSAS.
"Restraint"means manual, mechanical, and chemical methods that are intended to restrict the movement or normal functioning of a portion of an individual's body.
"Risk Assessment" means a clinical function that aims to determine the nature and severity of the mental health problem, determine which service response would best meet the needs of the consumer, and how urgently the response is required.
"Screening" means the process to determine whether the person seeking assistance needs further comprehensive assessment.
"Sentinel event" means a type of critical incident that is an unexpected occurrence involving the death or serious physical or psychological injury to a consumer, staff member, or visitor, or risk thereof. Serious injury specifically includes loss of limb or function. The phrase "or risk thereof" includes a variation in approved processes which could carry a significant chance of a serious adverse outcome. These events signal the need for immediate investigation and response. Sentinel events include, but are not limited to, suicide, homicide, assault and other forms of violence, including domestic violence or sexual assault, and adverse drug events resulting in serious injury or death. Sentinel events include occurrences that take place at the facility and/or during the delivery of services, as well as suicide and unintentional drug overdose deaths that occur at any time while an outpatient consumer is an active consumer, within seventy-two (72) hours of contact after mobile/outpatient crisis intervention services are provided, and within seventy-two (72) hours of discharge from inpatient and residential settings, including sites certified under Chapter 23 of this Title.
"Service area" means a geographic area established by the Department of Mental Health and Substance Abuse Services for support of mental health and substance abuse services [43A O.S.§3-302(1)]. Only one certified Community Mental Health Center is allowed per service area.
"Service Intensity" means the frequency and quantity of services needed, the extent to which multiple providers or agencies are involved, and the level of care coordination required.
"Service plan" or "Treatment plan" means the document used during the process by which a qualified service provider and the consumer together and jointly identify and rank problems, establish agreed-upon immediate short-term and long-term goals, and decide on the treatment process and resources to be utilized.
"Socialization" means all activities, which encourage interaction and the development of communication, interpersonal, social and recreational skills and can include consumer education.
"Special population 1" means individuals eighteen (18) years of age and over with serious mental illness and complex needs, including those with co-occurring substance use disorder, who meet Most in Need criteria as identified in the CCBHC Manual.
"Special population 2" means children and youth [ages six (6) through twenty-one (21)] with serious emotional disturbance and complex needs, including those with co-occurring substance use disorder, who meet Most in Need criteria as identified in the CCBHC Manual.
"Supportive services"means assistance with the development of problem-solving and decision-making skills to maintain or achieve optimal functioning within the community and can include consumer education.
"TJC" means The Joint Commission formerly referred to as the Joint Commission on Accreditation of Healthcare Organizations or JCAHO.
"Tobacco" means any nicotine delivery product or device that is not approved by the U.S. Food and Drug Administration (FDA) for the purpose of nicotine dependence treatment, including, but not limited to cigarettes, cigars, snuff, chewing tobacco, electronic cigarettes and vaping devices.
"Transitional housing program" means a type of Community Living Program in which the consumer's stay in the residence is considered temporary and time-limited in nature. The actual program model may include a range of approaches, including but not limited to supervised transitional living programs and supervised transitional housing programs.
"Trauma informed capability" means the capacity for a facility and all its programs to recognize and respond accordingly to the presence of the effects of past and current traumatic experiences in the lives of its consumers.
"Urgent recovery clinic" means a program of non-hospital emergency services for mental health and substance use crisis response including, but not limited to, observation, evaluation, emergency treatment, and referral, when necessary to a higher level of care. This service is limited to CMHCs and Comprehensive Community Addiction Recovery Centers (CCARCs) certified by ODMHSAS or facilities operated by ODMHSAS.
"Vocational assessment services" means a process utilized to determine the individual's functional work-related abilities and vocational preferences for the purpose of the identification of the skills and environmental supports needed by the individual in order to function more independently in an employment setting, and to determine the nature and intensity of services which may be necessary to obtain and retain employment.
"Vocational placement services" means a process of developing or creating an appropriate employment situation matched to the functional abilities and choices of the individual for the purpose of vocational placement. Services may include, but are not limited to, the identification of employment positions, conducting job analysis, matching individuals to specific jobs, and the provision of advocacy with potential employers based on the choice of the individual served.
"Vocational preparation services" means services that focus on development of general work behavior for the purpose of vocational preparation such as the utilization of individual or group work-related activities to assist individuals in understanding the meaning, value and demands of work; to modify or develop positive work attitudes, personal characteristics and work behaviors; to develop functional capacities; and to obtain optimum levels of vocational development.
"Volunteer" means any person who is not on the program's payroll, but provides services and fulfills a defined role within the program and includes interns and practicum students.
"Wellness" means the condition of good physical, mental and emotional health, especially when maintained by an appropriate diet, exercise, and other lifestyle modifications.
"Young Adults in Transition" means persons between sixteen to twenty-five (16-25) years of age who have a Serious Mental Illness (ages 18 - 25), or Serious Emotional Disturbance (ages 16 - 18).
SUBCHAPTER 3. REQUIRED SERVICES
PART 1. REQUIRED SERVICES
450:17-3-2. Required core community mental health services [AMENDED]
(a) Each CMHC shall provide the following services:
(9) Wellness Activities and Support.
(1) Screening, assessment and referral services;
(2) Emergency services;
(3) Outpatient therapy;
(4) Case management services;
(5) Psychiatric rehabilitation services;
(6) Medication clinic services;
(7) Service to homeless individuals; and
(8) Peer Support Services, and.
(b) Compliance with 450:17-3-2 shall be determined by a review of the following:
(1) On-site observation;
(2) Staff interviews;
(3) Written materials;
(4) Program policies;
(5) Program Evaluations;
(6) Data reporting; and
(7) Clinical records.
PART 7. OUTPATIENT THERAPY SERVICES
450:17-3-61. Outpatient therapy services [AMENDED]
(a) Outpatient services shall include a range of co-occurring disorder capable services to consumers based on their needs regarding emotional, social and behavioral problems. These outpatient therapy services shall be provided or arranged for, and shall include, but not be limited to the following:
(4) Psychological/psychometric evaluations or testing; and
(5) Psychiatric assessments.
(1) Individual therapy;
(2) Group therapy; and
(3) Family therapy;.
(b) Compliance with 450:17-3-61 shall be determined by a review of written policy and procedures; clinical records; and PICIS data reported by facilities.
PART 23. WELLNESS SERVICES AND RELATED ACTIVITIES [REVOKED]
450:17-3-201. Wellness Services and Related Activities [REVOKED]
SUBCHAPTER 5. OPTIONAL SERVICES
PART 10. WELLNESS SERVICES AND RELATED ACTIVITIES [NEW]
450:17-5-48. Wellness Services and Related Activities [NEW]
(a) Wellness Services and Related Activities are consumer-driven services and supports that promote healthy lifestyles and behaviors which may include smoking cessation activities, exercise, stress management, and education on nutrition.
(b) These services shall:
(1) Be based on an individualized, recovery-focused service philosophy that allows individuals the opportunity to learn to manage their own wellness; and
(2) Have written policies specific to these services.
(c) Compliance with 450:17-5-48 shall be determined by a review of the following: documentation of activities and agreements; clinical records; PICIS reporting data; and, CMHC policy and procedures.
PART 25. CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS
450:17-5-170. Certified Community Behavioral Health Clinic [AMENDED]
(a) The purpose of this Part is to set forth, in addition to all other applicable rules, program requirements, activities and services for CMHCs who opt to operate as a Certified Community Behavioral Health Clinic (CCBHC).
(b) The purpose of a CCBHC is to:
(1) Provide access to integrated services for all individuals regardless of pay source or ability to pay;
(2) Provide a full array of mental health and substance use disorder services in every certified location, and provide, or coordinate with,ensure coordination of primary care services;
(3) Provide quality-driven and outcome-driven services as demonstrated through data reports and outcomes reports generated by the ODMHSAS or its contractor; and
(4) Provide enhanced integration and coordination of mental health, primary, and substance use disorder services and supports for persons across the lifespan utilizing an interdisciplinary, team-based approach and in compliance with all requirements in the CCBHC Manual.
(c) In order to be certified as a CCBHC, an entity must have a current contract in good standing for CCBHC services from ODMHSAS.
450:17-5-173. Staffing; Treatment team [AMENDED]
(a) The treatment team includes the consumer, the family/caregiver of child consumers, the adult consumer's family to the extent the consumer does not object, any other person the consumer chooses, and identified staff as appropriate to the needs of the individual consumer. Each facility shall maintain a core staff comprised of employed and, as needed, contracted staff, which shall, at a minimum, include the following positions:
(9) Wellness Coach.
(1) Licensed Psychiatrist;
(2) Licensed Nurse Care Manager (RN or LPN);
(3) Consulting Primary Care Physician, Advanced Practice Registered Nurse, or Physician Assistant;
(4) At least one (1) Licensed Behavioral Health Professional (LBHP) and may include additional LBHPs or Licensure Candidates;
(5) Behavioral Health Case Manager II or Certified Alcohol and Drug Counselor;
(6) Peer Recovery Support Specialist;
(7) Family Peer Recovery Support Specialist; and
(8) Qualified Behavioral Health Aide; and.
(b) Optional positions, to be included as necessary based on community needs assessments and the caseload of the CCBHC, may include:
(1) Certified Behavioral Health Case Manager I;
(2) Licensed nutritionist;
(3) Occupational therapist; and/or
(4) Occupational therapist assistant under the supervision of a licensed occupational therapist.
(c) Compliance with this Section shall be determined by a review of personnel files and privileging documents.
450:17-5-177. General service provisions [AMENDED]
(a) Facility is responsible for the provision of the following services:
(10) Extensive outreach and intensive community-based outpatient behavioral health care for historically disadvantaged populations and older persons to ensure consumers served are representative of the communities served; and
(11) Individual Placement and Support (IPS) Services.
(1) Screening, assessment and treatment planning;
(2) Crisis Services (24/7 walk-in crisis clinic or urgent care);
(3) Outpatient behavioral healthmental health and substance use disorder services;
(4) Outpatient primary care screening and monitoring;
(5) Case management;
(6) Psychiatric rehabilitation;
(7) Peer and family supports;
(8) Intensive community-based outpatient behavioral health care for members of the US Armed Forces and veterans;
(9) Coordination and services for persons dischargingbeing released from jail and, when possible, persons dischargingbeing released from prison; and
(10) Targeted outreach and engagement for identified populations within the community needs assessment.
(b) Certain services may be provided either directly by the facility or through formal relationships with other providers. Whether directly supplied by the facility or by a Designated Collaborating Organization (DCO) through a formal arrangement, the facility is ultimately clinically responsible for all care provided. The facility must have policies and procedures that ensure DCO-provided services for facility's consumers must meet the same quality standards as those provided by the facility.
(c) Compliance with this Section shall be determined by a review of policies, procedures and consumer records.
450:17-5-179. Primary care screening and monitoring [AMENDED]
(a) The facility is responsible for outpatient clinic primary care screening and monitoring of key health indicators and health risk. Facility shall have policies and procedures to ensure that these services are received in a timely fashion, whether provided directly by the facility or through a DCO. For individuals who receive primary care screening and monitoring through a separate primary care provider, the CCBHC shall establish protocols and/or care coordination agreements that ensure services are coordinated and not duplicated.
(b) Required primary care screening and monitoring of key health indicators and health risk provided by the facility shall include but not be limited to the following:be provided as specified in the CCBHC Manual.
(1) For all consumers, as applicable based on age as specified in the CCBHC Manual:
(A) Adult Body Mass Index (BMI) screening and follow-up for adults or weight assessment and counseling for nutrition and physical activity for children/adolescents (WCC);
(B) Blood pressure;
(C) Screening for clinical depression and follow-up plan;
(D) Tobacco use: Screening and cessation intervention; and
(E) Unhealthy alcohol use.
(2) As applicable:
(A) Adherence to antipsychotic medications for individuals with Schizophrenia;
(B) Adherence to mood stabilizers for individuals with Bipolar I Disorder;
(C) Antidepressant medication management;
(D) Cardiovascular health screening for people with schizophrenia;
(E) Diabetes care for people with serious mental illness;
(F) Diabetes screening for people with schizophrenia or bipolar disorder who are using antipsychotic medications;
(G) Metabolic monitoring for children and adolescents on antipsychotics;
(H) HIV and viral hepatitis; and
(I) Other clinically indicated primary care key health indicators, as determined by the CCBHC Medical Director and based on environmental factors, social determinants of health, and common physical health conditions experienced by the CCBHC service population.
(c) The facility will ensure children receive age appropriate screening and preventive interventions including, where appropriate, assessment of learning disabilities, and older adults receive age appropriate screening and preventive interventions.
(d) The Medical Director shall develop organizational protocols to ensure that people receiving services who are at risk for common physical health conditions experienced by CCBHC populations receive appropriate screening across the lifespan. Protocols shall include methods for identifying service recipients with chronic diseases, ensuring service recipients are asked about physical health symptoms, and establishing procedures for the collection and analysis of laboratory samples.
(e) Compliance with this Section will be determined by a review of facility policies and consumer records.
450:17-5-183. Care coordination [AMENDED]
(a) Based on a person and family-centered care plan and as appropriate, the facility will coordinate care for the consumer across the spectrum of health services, including access to physical health (both acute and chronic) and behavioral health care, as well as social services, housing, educational systems, and employment opportunities as necessary to facilitate wellness and recovery of the whole person. This care coordination shall include not only referral but follow up after referral to ensure that services were obtained, to gather the outcome of those services, and to identify next steps needed. Additionally, care coordination agreements shall be established to clearly delineate services provided between the CCBHC and other service providers to ensure that services provided by the CCBHC are not duplicated.
(b) The facility must have procedures and agreements in place to facilitate referral for services needed beyond the scope of the facility. At a minimum, the facility will have agreements establishing care coordination expectations with Federally Qualified Health Centers (FQHCs) and, as applicable, Rural Health Centers (RHCs) to provide healthcare services for consumers who are not already served by a primary healthcare provider.
(c) The facility must have procedures and agreements in place establishing care coordination expectations with community or regional services, supports and providers including but not limited to:
(1) Schools;
(2) OKDHS child welfare;
(3) Juvenile and criminal justice agencies;
(4) Department of Veterans Affairs' medical center, independent clinic, drop-in center, or other facility of the Department;
(5) Indian Health Service regional treatment centers; and
(6) State licensed and nationally accredited child placing agencies for therapeutic foster care services.
(d) The facility will develop contracts, memoranda of understanding (MOUs), or care coordination agreements with regional hospital(s), Emergency Departments, Psychiatric Residential Treatment Facilities (PRTF), ambulatory and medical withdrawal management facilities or other system(s) to ensure a formalized structure for transitional care planning, to include communication of inpatient admissions and discharges. If, after reasonable effort, the CCBHC is unable to attain contracts, memoranda of understanding (MOUs), or care coordination agreements, the CCBHC will establish written protocols to coordinate care.
(1) Transitional care will be provided by the facility for consumers who have been hospitalized or placed in other non-community settings, such as psychiatric residential treatment facilities. The CCBHC will provide care coordination while the consumer is hospitalized as soon as it becomes known. A team member will go to the hospital setting to engage the consumer in person and/or will connect through telehealth as a face to face meeting. Reasonable attempts to fulfill this important contact shall be documented. In addition, the facility will make and document reasonable attempts to contact all consumers who are discharged from these settings within 24 hours of discharge.
(2) The facility will collaborate with all parties involved including the discharging/admitting facility, primary care physician, and community providers to ensure a smooth discharge and transition into the community and prevent subsequent re-admission(s).
(3) Transitional care is not limited to institutional transitions, but applies to all transitions that will occur throughout the development of the enrollee and includes transition from and to school-based services and pediatric services to adult services.
(4) The facility will document transitional care provided in the clinical records.
(e) Care Coordination activities shall include use of population health management tools, such as dashboards, patient registries, and team staffings.
(f) Care coordination activities will be carried out in keeping with the consumer's preferences and needs for care, to the extent possible and in accordance with the consumer's expressed preferences, with the consumer's family/caregiver and other supports identified by the consumer.
(g) The CCBHC shall develop a crisis plan with each person receiving services. At minimum, people receiving services should be counseled about the use of the National Suicide & Crisis Lifeline, 988, local hotlines, mobile crisis, and stabilization services should a crisis arise when providers are not in their office. Crisis plans may support the development of a Psychiatric Advanced Directive, if desired by the consumer. Psychiatric Advance Directives, if developed, must be entered in the electronic health record of the person receiving services so that the information is available to providers in emergency care settings where those electronic health records are accessible.
(h) Referral documents and releases of information shall comply with applicable privacy and consumer consent requirements.
(i) Compliance with this Section will be determined by on-site observation, review of organizational documents, contracts, MOUs, and clinical records.
450:17-5-187. Behavioral health rehabilitation services [AMENDED]
(a) The facility is responsible for providing evidence-based and other psychiatric rehabilitation services. Services to be considered include:
(1) Medication education;
(2) Self-management education;
(3) Community integration services;
(4) Recovery support services, including Illness Management & Recovery;
(5) Financial management education;
(6) Dietary and wellness education; and
(7) Other servicesevidence-based and best practices referenced in the CCBHC Manual.
450:17-5-189.1. Individual Placement and Support services [REVOKED]
[OAR Docket #26-526; filed 6-8-26]
TITLE 450. Department of Mental Health and Substance Abuse Services
CHAPTER 23. STANDARDS AND CRITERIA FOR COMMUNITY-BASED STRUCTURED CRISIS CENTERS
[OAR Docket #26-527]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. CBSCC Services
Part 1. FACILITY-BASED CRISIS STABILIZATION
450:23-3-5.1. Facility-based crisis stabilization admission criteria [NEW]
450:23-3-5.3. Facility-based crisis stabilization exclusion criteria [NEW]
Part 2. Urgent recovery clinic services
450:23-3-23.1. Urgent Recovery Clinic admission criteria [NEW]
450:23-3-23.3. Admission of minors [NEW]
450:23-3-23.5. Urgent Recovery Clinic exclusion criteria [NEW]
AUTHORITY:
Board of Mental Health and Substance Abuse Services; 43A O.S. § 3-317
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 14, 2025
COMMENT PERIOD:
November 17, 2025 through December 17, 2025
PUBLIC HEARING:
December 17, 2025
ADOPTION:
January 22, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule revisions add exclusion and admission criteria for facility-based crisis stabilization and Urgent Recovery Clinic services, as well clarifying language regarding the admission of minors into Urgent Recovery Clinics.
CONTACT PERSON:
Josh Bouye, Director of Behavioral Health Policy, Oklahoma Department of Mental Health and Substance
Abuse Services, Josh.Bouye@odmhsas.org, (405) 839-4596
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. CBSCC SERVICES
PART 1. FACILITY-BASED CRISIS STABILIZATION
450:23-3-5.1. Facility-based crisis stabilization admission criteria [NEW]
Individuals shall be admitted for facility-based crisis stabilization if all the following criteria are met:
(1) The individual is within the age range of those served at the facility;
(2) The individual does not meet any of the exclusion criteria within OAC 450:23-3-5.3;
(3) Regardless of admission status, the individual meets the definition of a person requiring treatment in accordance with Title 43A of the Oklahoma Statutes; and
(4) Less restrictive community resources have been determined to be inadequate to meet the needs of the individual.
450:23-3-5.3. Facility-based crisis stabilization exclusion criteria [NEW]
(a) The facility may choose not to admit an individual for facility-based crisis stabilization and shall refer the individual to the appropriate medical facility if the individual presents with any of the following:
(1) Severe burns requiring acute care and cannot be cared for at home;
(2) Acute Delirium;
(3) Dementia as a primary diagnosis in the absence of clinically significant psychiatric symptoms;
(4) Acute head trauma/traumatic brain injury in absence of mental illness or substance use disorder;
(5) Unstable fractures which are open or closed, or joint dislocations which are acute, with the exception of fractures that are secured via cast or splint;
(6) Uncontrolled seizure disorders, not including other types of seizures or seizure disorders;
(7) Bowel obstruction requiring active treatment or medical observation;
(8) Acute respiratory distress;
(9) Active acute drug/alcohol withdrawal that can only be treated in a medical hospital setting;
(10) Active gastrointestinal bleed and/or active bleeding;
(11) Active tuberculosis, Methicillin-resistant Staphylococcus aureus (MRSA), and other infectious diseases requiring isolation and/or treatment by intravenous antibiotics, if the facility is unable to provide appropriate care;
(12) Complex wound care, if the facility is unable to provide appropriate care;
(13) Need for intravenous fluids or intravenous antibiotics;
(14) Utilization of a ventilator or tracheostomy;
(15) Oxygen dependence, if the facility is unable to provide appropriate care;
(16) Tubes or drains within the chest or abdomen, including ostomies and catheters, if the facility is unable to provide appropriate care;
(17) Need for dialysis;
(18) Need for hospice or end of life care; or
(19) Uncontrolled insulin-dependent diabetes.
(b) Additionally, the facility may choose not to admit an individual who meets the following criteria for facility-based crisis stabilization and shall refer the individual to the appropriate facility or community provider:
(1) Inability to complete Activities of Daily Living not related to psychiatric or substance use symptoms;
(2) Currently incarcerated or in juvenile detention; or
(3) Does not meet admission criteria within OAC 450:23-3-5.1.
(c) If facility-based crisis stabilization is not the least restrictive environment in accordance with Title 43A of the Oklahoma Statutes, the individual shall not be admitted to the facility.
(d) Any individual who presents at the facility and is not admitted shall be provided screening and assessment services and referred to the appropriate level of care. Transportation shall be arranged when necessary and appropriate.
PART 2. URGENT RECOVERY CLINIC SERVICES
450:23-3-23.1. Urgent Recovery Clinic admission criteria [NEW]
Individuals shall be admitted for Urgent Recovery Clinic services if all the following criteria are met:
(1) The individual is within the age range of those served at the facility; and
(2) The individual does not meet any of the exclusion criteria within OAC 450:23-3-23.5.
450:23-3-23.3. Admission of minors [NEW]
(a) For individuals under the age of eighteen (18) admitted to an Urgent Recovery Clinic, an adult caregiver must accompany the child for the duration of the child’s stay.
(b) Any minor in the custody of the State of Oklahoma (Oklahoma Human Services or Office of Juvenile Affairs) must be accompanied by their assigned Oklahoma Human Services (OHS)/Office of Juvenile Affairs worker, OHS/Group Home Liaison, or on-call OHS worker.
(c) A parent or guardian may accompany a minor who is in the State’s custody if approved by the minor’s assigned caseworker or their supervisor.
(d) A minor admitted to the Urgent Recovery Clinic may not be left unaccompanied at any time. A caseworker, approved parent or guardian, or adult caregiver must be present at all times. A sitting service is not permitted.
450:23-3-23.5. Urgent Recovery Clinic exclusion criteria [NEW]
(a) The facility may choose not to admit an individual for Urgent Recovery Clinic services and shall refer the individual to the appropriate medical facility if the individual presents with any of the following:
(1) Severe burns requiring acute care and cannot be cared for at home;
(2) Acute Delirium;
(3) Dementia as a primary diagnosis in the absence of clinically significant psychiatric symptoms;
(4) Acute head trauma/traumatic brain injury in absence of mental illness or substance use disorder;
(5) Unstable fractures which are open or closed, or joint dislocations which are acute, with the exception of fractures that are secured via cast or splint;
(6) Uncontrolled seizure disorders, not including other types of seizures or seizure disorders;
(7) Bowel obstruction requiring active treatment or medical observation;
(8) Acute respiratory distress;
(9) Active acute drug/alcohol withdrawal that can only be treated in a medical hospital setting;
(10) Active gastrointestinal bleed and/or active bleeding;
(11) Active tuberculosis, Methicillin-resistant Staphylococcus aureus (MRSA), and other infectious diseases requiring isolation and/or treatment by intravenous antibiotics, if the facility is unable to provide appropriate care;
(12) Complex wound care, if the facility is unable to provide appropriate care;
(13) Need for intravenous fluids or intravenous antibiotics;
(14) Utilization of a ventilator or tracheostomy;
(15) Oxygen dependence, if the facility is unable to provide appropriate care;
(16) Tubes or drains within the chest or abdomen, including ostomies and catheters, if the facility is unable to provide appropriate care;
(17) Need for dialysis;
(18) Need for hospice or end of life care; or
(19) Uncontrolled insulin-dependent diabetes.
(b) Additionally, the facility may choose not to admit an individual who meets any of the following criteria for Urgent Recovery Clinic services and shall refer the individual to the appropriate facility or community provider if not admitted:
(1) Inability to complete Activities of Daily Living not related to psychiatric or substance use symptoms;
(2) Currently incarcerated or in juvenile detention; or
(3) Does not meet admission criteria within OAC 450:23-3-23.1.
(c) Any individual who presents at the facility and is not admitted shall be provided screening and assessment services and referred to the appropriate level of care. Transportation shall be arranged when necessary and appropriate.
[OAR Docket #26-527; filed 6-8-26]
TITLE 485. Oklahoma Board of Nursing
CHAPTER 10. LICENSURE OF PRACTICAL AND REGISTERED NURSES
[OAR Docket #26-525]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Regulations for Approved Nursing Education Programs
485:10-3-5. Reports to the Board [AMENDED]
485:10-3-6. Nursing education program visits [AMENDED]
Subchapter 7. Requirements for Registration and Licensure as a Registered Nurse and Licensed Practical Nurse
485:10-7-2. Licensure by endorsement [AMENDED]
Subchapter 8. Criminal Background Checks for Applicants for Licensure/Certification
485:10-8-1. Requirements for criminal background checks for initial licensure/certification in this state [AMENDED]
Subchapter 10. Advanced Unlicensed Assistant
485:10-10-1. Purpose [AMENDED]
485:10-10-2. Certification training program [AMENDED]
Subchapter 11. Disciplinary Action
485:10-11-4. Licensure or certification of individuals with criminal history [AMENDED]
Subchapter 15. Requirements for Practice as an Advanced Practice Registered Nurse
485:10-15-4. Application [AMENDED]
485:10-15-5.1. Advertisement of Health Care Services [NEW]
485:10-15-6. Practice as a Certified Nurse Practitioner [AMENDED]
485:10-15-8. Practice as a Certified Nurse-Midwife [AMENDED]
485:10-15-9. Practice as a Certified Registered Nurse Anesthetist [AMENDED]
Subchapter 16. Requirements for Prescriptive Authority for Advanced Practice Registered Nurses
485:10-16-3. Initial application [AMENDED]
485:10-16-3.1. Endorsement [AMENDED]
485:10-16-3.2. Initial application for Independent Prescriptive Authority [NEW]
485:10-16-4. Clinical Nurse Specialist pharmacology requirements [REVOKED]
485:10-16-5. Maintenance [AMENDED]
485:10-16-6. Renewal [AMENDED]
485:10-16-7. Reinstatement/Inactive Status [AMENDED]
485:10-16-8. Information which must be included on the prescription [AMENDED]
AUTHORITY:
Oklahoma Nursing Practice Act; 59 O.S. § 567.1, et seq.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 20, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 27, 2026
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
Subchapter 15. Requirements for Practice as an Advanced Practice Registered Nurse
485:10-15-4 [AMENDED]
485:10-15-6 [AMENDED]
485:10-15-8 [AMENDED]
485:10-15-9 [AMENDED]
Subchapter 16. Requirements for Prescriptive Authority for Advanced Practice Registered Nurses
485:10-16-3 [AMENDED]
485:10-16-3.1 [AMENDED]
485:10-16-3.2 [NEW]
485:10-16-4 [REVOKED]
485:10-16-5 [AMENDED]
485:10-16-6 [AMENDED]
485:10-16-7 [AMENDED]
485:10-16-8 [AMENDED]
485:10-15-4 [AMENDED]
485:10-15-6 [AMENDED]
485:10-15-8 [AMENDED]
485:10-15-9 [AMENDED]
Subchapter 16. Requirements for Prescriptive Authority for Advanced Practice Registered Nurses
485:10-16-3 [AMENDED]
485:10-16-3.1 [AMENDED]
485:10-16-3.2 [NEW]
485:10-16-4 [REVOKED]
485:10-16-5 [AMENDED]
485:10-16-6 [AMENDED]
485:10-16-7 [AMENDED]
485:10-16-8 [AMENDED]
Gubernatorial Approval:
October 29, 2025
Register Publication:
43 Ok Reg 346
Docket Number:
25-919
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed rule amendments of 485:10-3-5 and 485:10-3-6 relate to completion rate reports submitted from nursing education programs to the Board and clarify that the Board may order consultation visits for nursing education programs.
The proposed rule amendments of 485:10-7-2 simplify Rules language regarding the use of third-party credentials evaluation organizations.
The proposed amendments of 485:10-8-1 ensure that the rules of the Board accurately reflect the revisions to the Oklahoma Nursing Practice Act enacted through HB 3328 (2024) related to fingerprint-based background check requirements.
The proposed amendments of 485:10-10-1 correct an outdated statutory reference and change “advanced unlicensed assistive personnel” to “Advanced Unlicensed Assistant” for accuracy of professional title language and consistency of terminology within Subchapter 10. The proposed amendment of 485:10-10-2 makes the same change, from “advanced unlicensed assistive personnel” to “Advanced Unlicensed Assistant.”
The proposed amendments of 485:10-11-4 ensure the rules of the Board comply with the requirements of 59 O.S. Section 4000.1. The proposed amendments will safeguard the general welfare through nursing regulation which is consistent with Oklahoma statutory law. The proposed amendments of sections 4, 6, 8, and 9 within Subchapter 15 remove outdated references and clarify the current rule language. The proposed new section found at 485:10-15-5.1 addresses advertisement of health care services by APRNs to ensure the rules of the Board align with the requirements of the Oklahoma Nursing Practice Act.
The proposed amendments of sections 3, 3.1, 5, 6, 7, and 8 within Subchapter 16 ensure the rules of the Board comply with the revisions to the Oklahoma Nursing Practice Act enacted through HB 2298 (2025). The proposed revocation of 485:10-16-4 removes from the rules of the Board an outdated set of requirements which is no longer effective. The proposed new section located at 485:10-16-3.2 reflects the application requirements for independent prescriptive authority established by HB 2298 (2025).
CONTACT PERSON:
Mike Starchman, RN, CPA, Deputy Executive Director: 405-962-1809, michael.starchman@nursing.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. REGULATIONS FOR APPROVED NURSING EDUCATION PROGRAMS
485:10-3-5. Reports to the Board [AMENDED]
The following reports shall be submitted by nursing education programs with the Board taking action as appropriate.
(6) All reports are limited to ten (10), single-sided pages, with at least a one inch margin, no less than 1.5 line spacing and no less than an 11 point font size.
(1) Faculty qualification report. A Faculty Qualification Record is submitted for the Nurse Administrator, on a form provided by the Board within thirty days of day of appointment, a change in title or status of position, and any time that an advanced degree is attained. The Faculty Qualification Record may be submitted electronically to a designated email address.
(2) Enrollment and annual reports. Enrollment and annual reports are submitted in formats requested by the Board.
(3) Special reports. Special reports to the Board include but are not limited to:
(A) notification in writing of administrative changes relating to and affecting the program within thirty days of the change, to include a change in Nurse Administrator;
(B) requests in writing to obtain approval prior to implementation for:
(i) major curriculum changes that alter the length of the program, substantially change the objectives, or reflect a significant philosophical or conceptual shift. Board staff may approve minor changes including but not limited to such matters as reorganizing existing course offerings, transferring existing objectives or content from one course to another, or alterations in the leveling of course objectives.
(ii) extended, distance learning, or off-campus offerings, when any nursing course is offered;
(iii) a significant change in instructional format;
(iv) a pilot or experimental program.
(4) Pass Rate Reports. Pass Rate Reports are submitted when the first-time NCLEX writer pass rate falls ten (10) percentage points or more below the national average and at least ten candidates wrote the examination (based on a calendar year.)
(5) Completion Rate Reports. A completion rate report is submitted when the program completion rate average is less than 70% for the most recent three (3) annual report years. Program completion rate is calculated as 200% of the program length as defined by selective admission to the nursing program's first nursing course. Admission is defined as the grade of the first nursing course that is transcripted with a letter grade of A, B, C, D, or F, which are used to calculate the grade point average. Individual exceptions to the calculation of completion rate include death, military, and peace corp.
(A) Program completion rates will be reported by each nursing program in the Annual Report. Nursing education programs will be required to report the number of students who complete the program on-time and those that complete within 200% of the maximum length of the program.
(B) A student will be counted in the completion calculation when the student has completed the first nursing course within the program's plan of study following admission into the nursing program. Completion of the first nursing course is defined as the transcripted letter grade of A, B, C, D, or F, which is used to calculate the grade point average.
(C) Completion rates are calculated based only on situations of academic failure. Exceptions to the completion rate calculation are situations unrelated to academic failure. Examples include death, active-duty military or peace corps, relocation, family obligations, administrative withdrawal, disciplinary exits, and health-related conditions that prevent participation in the program.
(D) A completion rate report may be ordered by the Board if it is deemed that the school is not demonstrating positive outcomes.
485:10-3-6. Nursing education program visits [AMENDED]
(a) Survey visit. Each nursing education program being surveyed shall:
(1) Be surveyed:
(A) prior to receiving Full Approval;
(B) within three (3) years after receiving initial Full Approval; and
(C) at least every five (5) years thereafter unless the program has current accreditation by a national nursing accrediting agency recognized by the United States Department of Education.
(D) Special and focused survey visits may be directed by the Board.
(2) Submit the applicable fee to be received in the Board office thirty (30) days before the survey visit and submit the program's self evaluation report electronically to the Board office.
(3) Receive a draft of the survey visit report electronically for additions and/or corrections. Requested additions and/or corrections are to be received electronically in the Board office within two (2) weeks of the date the draft report was received by the nursing education program.
(4) Be provided the final report of the survey visit including commendations, recommendations and the decision of the Board.
(b) Programs with current accreditation by a national nursing accrediting agency recognized by the United States Department of Education. Nursing education programs with full approval status will be periodically evaluated for continuing approval by the Board.
(1) The nurse administrator of the program shall submit a copy of the notification of accreditation status to the Board within two weeks of receipt, accompanied by the program's accreditation report, supporting documentation, follow-up and/or interim reports.
(2) The Board shall regularly review and analyze program performance reports submitted by the nursing education program including, but not limited to:
(A) Any program challenges or improvements identified by ongoing program improvement review;
(B) Annual reports;
(C) Follow-up or interim reports to national nursing accrediting bodies;
(D) Student retention, attrition, and on-time program completion rates;
(E) Adequate type and number of faculty;
(F) Faculty retention;
(G) Adequate laboratory and clinical learning experiences;
(H) Trended data on NCLEX pass rates and completion rates;
(I) Performance improvement initiatives related to program outcomes; and
(J) Program complaints/grievance review and resolution.
(3) Additional reports or survey visits may be directed by the Board, if the program is not in compliance with the minimum standards for nursing education programs or other sources of evidence regarding achievement of program outcomes.
(c) Consultation visit. Consultation visits are:available to
(1) conducted when directed by the Board;
(2) conducted at the written request of the nursing education programsprogram upon written request givingindicating the purpose for the visit; and are
(3) mandatory as indicated in 485:10-3-2. (b)(1).
SUBCHAPTER 7. REQUIREMENTS FOR REGISTRATION AND LICENSURE AS A REGISTERED NURSE AND LICENSED PRACTICAL NURSE
485:10-7-2. Licensure by endorsement [AMENDED]
(a) Qualifications Registered Nurse. An applicant for licensure by endorsement as a Registered Nurse shall:
(1) Submit an application containing such information as the Board may prescribe;
(2) Be a minimum of eighteen (18) years of age on or before the date the license is issued;
(3) Meet the requirements of the Oklahoma Nursing Practice Act. An evaluation of educational requirements may be completed to ensure the applicant meets educational standards.
(4) If licensed in another state or U.S. territory since January 1, 1952, have successfully written the licensing examination adopted by the Board with a passing score as established by the Board. A license to practice nursing in Oklahoma will not be issued until this requirement is met.
(5) Submit evidence of either:
(A) successful completion of the National Council Licensure Examination for Registered Nurses since July 1, 1982; or
(B) passing the State Board Test Pool Examination for Registered Nurse licensure prior to July 1, 1982.
(6) In addition to meeting other requirements for endorsement established by the Board in these Rules, demonstrate evidence of continued qualifications for practice through completion of one or more of the following requirements within the last five (5) years prior to receipt of the completed application in the Board office:
(A) Submission of an official transcript or certificate of completion verifying completion of a nurse refresher course with content consistent with Board policy;
(B) Successfully pass the National Council Licensure Examination for Registered Nurses;
(C) Cause submission of an official transcript, provided by an entity approved and recognized by the U.S. Department of Education as a primary source for providing education transcripts, verifying successful completion of at least six (6) academic semester credit hours of nursing courses which include classroom and clinical instruction;
(D) Present evidence of licensure as a registered nurse in another state, territory or country with employment in a position that requires nursing licensure with verification of at least 520 work hours during the past five (5) years;
(E) Submit evidence of completing at least twenty-four (24) contact hours of continuing education applicable to nursing practice;
(F) Submit current certification in a nursing specialty area.
(7) Provide evidence of one of the following if initial licensure was obtained within the last two years:
(A) Completion of the nursing education program within two years of initial application for licensure by examination; or
(B) At least six months work experience as a registered nurse in the state, U.S. territory, or country of licensure; or
(C) Successful completion of a Board-approved refresher course in accordance with the Board's policy; or
(D) Successful completion of nursing didactic coursework and faculty-supervised clinical experience in a board-approved nursing education program at the appropriate educational level, to include at least 80 hours in classroom and skills laboratory review and at least 80 hours participating in patient care activities in the clinical setting.
(b) Qualifications Licensed Practical Nurse. An applicant for licensure by endorsement as a Licensed Practical Nurse shall:
(1) Submit an application containing such information as the Board may prescribe;
(2) Be a minimum of eighteen (18) years of age on or before the date the license is issued;
(3) Meet the requirements of the Oklahoma Nursing Practice Act. An evaluation of educational requirements may be completed to ensure the applicant meets educational standards.
(4) If licensed in another state or U.S. territory since June 30, 1954, have successfully written the licensing examination adopted by the Board. A license to practice practical nursing in Oklahoma will not be issued until this requirement is met.
(5) In addition to meeting other requirements for endorsement established by the Board in these Rules, demonstrate evidence of continued qualifications for practice through completion of one or more of the following requirements within the last five (5) years prior to receipt of the completed application in the Board office:
(A) Submission of an official transcript or certificate of completion verifying completion of a nurse refresher course with content consistent with Board policy;
(B) Successfully pass the National Council Licensure Examination for Practical Nurses;
(C) Cause submission of an official transcript, provided by an entity approved and recognized by the U.S. Department of Education as a primary source for providing education transcripts, verifying successful completion of at least six (6) academic semester credit hours or 105 contact hours of nursing courses in a state-approved practical or registered nursing education program, which includes classroom and clinical instruction;
(D) Present evidence of licensure as a practical nurse in another state, territory or country with employment in a position that requires practical nursing licensure with verification of at least 520 work hours during the past five (5) years;
(E) Submit evidence of completing at least twenty-four (24) contact hours of continuing education applicable to nursing practice;
(F) Submit current certification in a nursing specialty area.
(6) Provide evidence of one of the following if the National Council Licensure Examination for Practical Nurses for initial licensure was obtained within the last two years:
(A) Completion of the nursing education program within two years of initial application for licensure by examination; or
(B) At least six months work experience as a Licensed Practical Nurse in the state, U.S. territory, or country of licensure; or
(C) Successful completion of a Board-approved refresher course in accordance with the Board's policy; or
(D) Successful completion of nursing didactic coursework and faculty-supervised clinical experience in a board-approved nursing education program at the appropriate educational level, to include at least 80 hours in classroom and skills laboratory review and at least 80 hours participating in patient care activities in the clinical setting.
(c) Applications.
(1) Applications must be completed and filed with the Board.
(2) Endorsement may be accepted from the original state or U.S. territory of licensure by examination.
(3) If the applicant has written the licensing examination adopted by the Board in a state other than the state or U.S. territory of original licensure, an endorsement will be requested from that state, also.
(4) If the application is not completed within one (1) year after receipt of fee, the application must be refiled.
(d) Fee for licensure by endorsement.
(1) The fee shall accompany the application.
(2) The fee is not refundable.
(3) If the application is not completed within one (1) year, a new application and new fee will be required for licensure.
(e) Qualifications for applicants educated in foreign countries or in a U.S. territory. An applicant educated in a foreign country must meet the current educational requirements for licensure in Oklahoma. An applicant educated in a U.S. territory not recognized as a full member of National Council of State Boards of Nursing (NCSBN) must meet the requirements for applicants educated in foreign countries. An applicant educated in a U.S. territory that is a full member of NCSBN but in a nursing education program not included on the NCSBN state-approved programs of nursing list at the time of the applicant's graduation from the program must meet the requirements for applicants educated in foreign countries.
(i) Test of English for International Communication (TOEIC), to include the Listening and Reading Test, and the Speaking and Writing Test of the Educational Testing Service, or
(ii) International English Language Testing System (IELTS), or
(iii) Test of English as a Foreign Language Internet-based test (TOEFL iBT) of the Educational Testing Service, or
(iv) Michigan English Test (MET), or
(v) Pearson PTE Academic.
(i) CGFNS Certificate Status or Visa Screen Certificate; or
(ii) CGFNS Credentials Evaluation Service Professional Report; or
(iii) JS&A foreign credential evaluation for state boards of nursing;
(iv) Reports received from CGFNS and JS&A must have been completed within the five (5) years immediately preceding the date of application for licensure by endorsement. The five-year requirement is waived if the applicant holds a license in another state.
(i) Test of English for International Communication (TOEIC), to include the Listening and Reading Test, and the Speaking and Writing Test of the Educational Testing Service; or
(ii) International English Language Testing System (IELTS); or
(iii) Test of English as a Foreign Language Internet-based test (TOEFL iBT) of the Educational Testing Service; or
(iv) Michigan English Test (MET); or
(v) Pearson PTE Academic.
(i) Commission on Graduates of Foreign Nursing Schools (CGFNS) Credentials Evaluation Service Professional Report, or
(ii) Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate or Visa Screen Certificate status, or
(iii) JS&A foreign credential evaluation for state boards of nursing;
(iv) Reports received from CGFNS and JS&A must have been completed within the five (5) years immediately preceding the date of application for licensure by endorsement. The five-year requirement is waived if the applicant holds a license in another state.
(1) The registered nurse applicant must present evidence of:
(A) graduation from a government-approved post-secondary nursing education program, as verified from the Commission of Graduates of Foreign Nursing Schools (CGFNS) or Josef Silny & Associates, Inc., International Education Consultants (JS&A)by a third-party credentials evaluation organization approved in Board policy;
(B) completion of formal courses including theory and clinical experience in nursing care of the adult, nursing care of children, maternal-infant nursing, psychiatric-mental health nursing as evidenced by:
(i) a translated transcript with certified proof of translation received directly from the nursing education program in the original country of licensure, or
(ii) a certified copy of an original transcript obtained directly from the Commission of Graduates of Foreign Nursing Schools (CGFNS) or Josef Silny & Associates, Inc., International Education Consultants (JS&A)a third-party credentials evaluation organization approved in Board policy.
(C) licensure or registration as required in country of graduation as evidenced by official verification received directly from the Commission of Graduates of Foreign Nursing Schools or Josef Silny & Associates, Inc., International Education Consultants (JS&A)a third-party credentials evaluation organization approved in Board policy;
(D) competence in oral and written English as evidenced by receipt of English competency test scores directly from the approved testing service or from CGFNS verifying successful completion ofan approved third-party credentials evaluation organization as outlined in Board policy.:
(E) An evaluation of educational credentials as evidenced by submitting required documents from an approved third-party credentials evaluation organization as outlined in Board policy.:
(F) Evidence of either:
(i) successful completion of the National Council Licensure Examination for Registered Nurses since July 1, 1982; or
(ii) passing the State Board Test Pool Examination for Registered Nurse licensure prior to July 1, 1982.
(2) The practical nurse applicant must present evidence of:
(A) competence in oral and written English as evidenced by receipt of English competency test scores directly from the testing service or from CGFNS verifying successful completion ofan approved third-party credentials evaluation organization as outlined in Board policy.:
(B) graduation from a government approved post-secondary practical nursing education program or equivalent courses in a government approved post-secondary nursing education program, as verified from the Commission of Graduates of Foreign Nursing Schools (CGFNS) or Josef Silny & Associates, Inc., International Education Consultants (JS&A)by a third-party credentials evaluation organization approved in Board policy;
(C) licensure or registration as required in country of graduation as evidenced by official verification received directly from the Commission of Graduates of Foreign Nursing Schools or Josef Silny & Associates, Inc., International Education Consultants (JS&A)a third-party credentials evaluation organization approved in Board policy.,
(D) completion of formal courses including theory and clinical experience in nursing care of the adult, nursing care of children, and maternal-infant nursing in a government-approved school of nursing as evidenced by:
(i) a translated transcript received directly from the nursing education program in the original country of licensure with certified proof of translation; or
(ii) a certified copy of the transcript received directly from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or Josef Silny & Associates, Inc., International Education Consultants (JS&A)a third-party credentials evaluation organization approved in Board policy.
(E) An evaluation of educational credentials as evidenced by submitting required documents from an approved third-party credentials evaluation organization as outlined in Board policy.:
(F) Successful completion of the licensing examination adopted by the Oklahoma Board of Nursing.
(3) Verification by CGFNS and JS&Aa third-party credentials evaluation organization approved in Board policy is waived for applicants currently licensed in another state when the state validates that the credential review report was prepared by an independent credentials review agency.
(4) Evidence of competence in spoken and written English is waived for applicants who are:
(A) Graduates of nursing education programs taught in English in Australia, Canada (except Quebec), Ireland, New Zealand, the United Kingdom, Trinidad, Tobago, Jamaica, Barbados, South Africa, and the United States.
(B) Licensed in another US State or Territory and have successfully completed the licensure examination approved by the Board.
(5) Applicants must submit a completed application and the established fee.
(f) Temporary license for endorsement applicants.
(i) Commission on Graduates of Foreign Nursing Schools (CGFNS) Credentials Evaluation Service Professional Report with verification of equivalent educational credentials and unrestricted licensure in country of origin, or
(ii) Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate status or Visa Screen Certificate, accompanied by a verification of graduation from a government approved nursing education program, the translated transcript, and verification of unrestricted nursing licensure or registration as required in country of graduation; or
(iii) Josef Silny & Associates, Inc., International Education Consultants (JS&A) foreign credential evaluation for state boards of nursing.
(1) A temporary license may be issued to the applicant on proof of:
(A) Current unrestricted licensure in another state, territory or country with no history of arrest or disciplinary action requiring further review;
(B) Evidence of having successfully passed the licensure examination adopted by the Oklahoma Board of Nursing;
(C) Evidence of meeting educational qualifications through completion of a state board-approved nursing education program meeting the educational standards established by the Board, or an evaluation of educational credentials and nursing licensure or registration as required in country of origin for the foreign-educated nurse as evidenced by submitting required documents from an approved third-party credentials evaluation organization as outlined in Board policy.:
(D) Payment of the fee for licensure by endorsement and temporary license;
(E) Proof by foreign educated applicants of evidence of competence in: oral and written English by meeting the requirements of 485:10-7-2(e)(1)(D) and 485:10-7-2(e)(2)(A), unless 485:10-7-2(e)(4) applies;
(F) Demonstrating evidence of continued qualifications for practice through meeting the requirements of 485:10-7-2(a)(6) or (7) for registered nurse applicants and 485:10-7-2(b)(5) or (6) for practical nurse applicants; and
(G) Submission of fingerprint images with the fee established by the Oklahoma State Bureau of Investigation and/or vendor for the purpose of permitting a state and national criminal history records search to be completed.
(2) The temporary license is issued for a period of ninety (90) days.
(3) The temporary license may be extended, but such period shall be no longer than one (1) year for any applicant.
(g) Licensure of active duty military or the spouse of an active military individual. Applications must be completed and filed with the Board.
(1) Submit with the endorsement application a copy of the United States Uniformed Services Identification and Privilege Card and a copy of the Permanent Change of Station orders for the active military individual;
(2) The requested Oklahoma license and/or temporary license shall be issued within thirty (30) days for their currently held valid license from another state or territory provided the license from the other state is found to be in good standing and reasonably equivalent to the requirements of this state; and
(3) The fee for licensure, including temporary license, of active duty military or the spouse of an active duty military individual is waived with the license expiration date extended through the first renewal cycle.
SUBCHAPTER 8. CRIMINAL BACKGROUND CHECKS FOR APPLICANTS FOR LICENSURE/CERTIFICATION
485:10-8-1. Requirements for criminal background checks for initial licensure/certification in this state [AMENDED]
(a) All applications for advanced practice registered nurse, registered nurse or practical nurse licensure by examination, reinstatement, or endorsement or for certification as an Advanced Unlicensed Assistant shall include a state and national federal fingerprint-based criminal history records search.
(b) Renewal applicants who have not previously submitted a state and federal fingerprint-based criminal records search may be required by the Board to submit a state and federal fingerprint-based criminal history records search as described below.
(b)(c) Each applicant for licensure and certification shall have a state and federal fingerprint-based background check not more than ninety (90) days old at the time of submission of the application for initial, reinstatement, renewal (if requested by the Board), endorsement, or higher level of licensure.
(c)(d) After submission of their application, applicants will follow instructions provided to them by the Board to obtain fingerprints usingThe fingerprint images will be accompanied by an electronic payment, money order or cashier's check made payable to the OSBI or the Board's designated vendor for the fee established by or the OSBI and/or vendor.
SUBCHAPTER 10. ADVANCED UNLICENSED ASSISTANT
485:10-10-1. Purpose [AMENDED]
The rules of this Subchapter have been adopted for the purpose of complying with the provisions of the Oklahoma Nursing Practice Act [59 O.S. § 567.3567.6a]. This Subchapter sets forth standards for advancedAdvanced unlicensedUnlicensed assistive personnelAssistants employed in acute health-care settings.
485:10-10-2. Certification training program [AMENDED]
Advanced Unlicensed Assistant certification training programs shall:
(1) Consist of classroom and clinical instruction in the performance of specific core skills that have been selected and approved by the Board;
(2) Meet the following requirements:
(A) Any health-care facility, educational institution or education provider that meets the Board's criteria for approved programs and is approved by the Board may provide the certification training program.
(B) Any health-care facility, educational institution or education provider wishing to establish a certification training program for advanced unlicensed assistive personnelAdvanced Unlicensed Assistants will file the appropriate forms with the Board. The application will include, but is not limited to:
(i) program plan following the curriculum approved by the Board;
(ii) clock hours of classroom and supervised clinical instruction;
(iii) description of classroom and skills training facility;
(iv) evidence of adequate learning resources; and
(v) faculty qualification record for each instructor.
(C) The Board will advise the institution in writing of its decision to:
(i) approve proceeding with the program; or
(ii) defer approval pending a site visit and/or receipt of further information; or
(iii) deny approval specifying reasons for denial.
(D) The application is limited to fifteen (15), single-sided pages, with at least a one inch margin, no less than 1.5 line spacing and no less than an 11 point font size.
(E) An approved program shall notify the Board when there are substantive changes in the program that alter the length of the program, reorganize course offerings or change in instructors.
SUBCHAPTER 11. DISCIPLINARY ACTION
485:10-11-4. Licensure or certification of individuals with criminal history [AMENDED]
(a) This section establishes the criteria utilized by the Board in determining the effect of criminal history on eligibility for nursing licensure or Advanced Unlicensed Assistant (AUA) certification and implements the requirements of Oklahoma Statutes Title 59 Sections 567.1. et seq. and 4000.1 (2022). This section applies to:
(1) all currently licensed nurses and holders of an AUA certificate;
(2) all individuals seeking to obtain a nursing license or AUA certificate; and
(3) all individuals seeking a determination of their eligibility for nursing licensure or AUA certification.
(b) The felonies listed below in subsections (d) and (e) disqualify an individual from retaining licensure or becoming licensed as a nurse or retaining certification or becoming certified as an AUA in Oklahoma. When making a determination the Board will give consideration as set forth within 59 O.S. § 4000.1(B). Subsections (d) and (e) are not an exhaustive or exclusive list of crimes, both felonies and misdemeanors resulting in a conviction or a deferred sentence, that may result in discipline from the Board of Nursing, up to and including revocation. The felonies listed in subsections (d) and (e) disqualify an individual because they substantially relate to the practice of nursing and pose a reasonable threat to public safety for the reasons stated below.
(1) The practice of nursing is a unique profession. Licensees and certificate holders practice nursing autonomously in a wide variety of settings and provide care to patients who are, by virtue of their illness or injury, physically, emotionally, and/or financially vulnerable. These patients often include the elderly, children, those with mental or cognitive disorders, sedated or anesthetized patients, and/or disabled or immobilized individuals. Individuals who have engaged in criminal conduct place patients, healthcare employers and employees, and the public at risk of harm.
(2) Crimes involving fraud and/or theft. Licensees and certificate holders often have unfettered access to patients' privileged information, financial information, and valuables, including but not limited to medications, money, jewelry, credit cards/checkbook, and/or sentimental items. The practice of nursing continues 24 hours per day in all healthcare settings, including those where there is often no direct supervision of the individual. Patients in these healthcare settings are particularly vulnerable to the unethical, deceitful, and illegal conduct of a licensee or certificate holder. When an individual has engaged in criminal behavior involving fraud and/or theft, the Board is mindful that similar misconduct may be repeated in healthcare settings, thereby placing patients, healthcare employers and employees, and the public at risk. As such, crimes involving any type of fraud and/or theft are highly relevant to an individual's ability to provide safe nursing care.
(3) Crimes involving sexual misconduct. Licensees and certificate holders frequently provide nursing care to partially clothed or fully undressed patients, who are particularly vulnerable to exploitation. Due to the intimate nature of nursing care, professional boundaries in the practice of nursing are extremely important. When an individual has engaged in criminal behavior involving any type of sexual misconduct, the Board is mindful that similar misconduct may be repeated in healthcare settings. As such, crimes involving any type of sexual misconduct are highly relevant to an individual's ability to provide safe nursing care.
(4) Crimes involving lying, falsification, and/or deception. Licensees and certificate holders are required to accurately and honestly report and record information in a variety of places, such as medical records, pharmacy records, billing records, nursing notes, and plans of care, as well as to report errors in their own nursing practice. When an individual has engaged in criminal behavior involving lying, falsification, and/or deceptive conduct, the Board is mindful that similar misconduct may be repeated in healthcare settings, thereby placing patients, healthcare employers and employees, and the public at risk of harm. As such, crimes involving any type of lying, falsification and/or deception are highly relevant to an individual's ability to provide safe nursing care.
(5) Crimes involving drugs and/or alcohol. Licensees and certificate holders have a duty to their patients to provide safe, effective nursing care and to be able to practice safely. Individuals who have a substance use disorder may have impaired judgment and motor skills and are at risk for harming their patients and/or the public. Licensees and certificate holders have access to many medications and drugs and those with substance use disorders may misuse or steal drugs. Individuals affected by a substance use disorder may be unable to accurately assess patients, make appropriate judgments, or intervene in a timely and appropriate manner, thus putting their patients at risk. This danger is heightened when the licensee or certificate holder works in an autonomous setting where other healthcare providers are not present to intervene for the patient or the public. As such, crimes related to the use or possession of drugs or alcohol are highly relevant to an individual's fitness to practice.
(6) Crimes involving violence and/or threatening behavior. Licensees and certificate holders provide care to the most vulnerable of populations, including patients who often have no voice of their own and cannot advocate for themselves. Further, patients are dependent on the caregiver-patient relationship for their daily care. When an individual has engaged in violent or threatening criminal behavior, the Board is mindful that patients may be at risk for similar behavior in a healthcare setting. As such, crimes involving violence and threatening behavior are highly relevant to an individual's fitness to practice.
(c) All crimes listed in this subsections (d) and (e) are as described in Titles 21, 47 and 63 of the Oklahoma Statutes. In addition, the Board recognizes and gives similar treatment to similar offenses charged in other jurisdictions.
(d) Felony convictions that disqualify an individual from retaining licensure or becoming licensed as a nurse, or retaining certification or becoming certified as an AUA in Oklahoma include:
(1) Crimes involving fraud, theft, lying and/or falsification. Robbery 21 O.S. § 791 et seq.
(2) Crimes involving sexual misconduct.
(A) Human Trafficking 21 O.S. § 748.
(B) Trafficking in children 21 O.S. § 866.
(C) Incest 21 O.S. § 885.
(D) Forcible sodomy 21 O.S. § 888.
(E) Indecent exposure, indecent exhibitions, obscene material or child pornography, solicitation of minors 21 O.S. § 1021.
(F) Procure, cause the participation of a minor in any child pornography, buys, or knowingly possesses, procures, manufactures, or causes to be sold or distributed child pornography 21 O.S. §§ 1021.2 and 1024.2
(G) Commercial sale or distribution of pornography 21 O.S. § 1040.13.
(H) Soliciting/offering sex with minor 21 O.S. § 1040.13a.
(I) Offering or transporting one under 18 for sex 21 O.S. § 1087.
(J) Child Prostitution - unlawful detainment in prostitution house 21 O.S. § 1088.
(K) Lewd or indecent proposals to minor, sexual battery of minor 21 O.S. § 1123.
(3) Crimes involving drugs and/or alcohol.
Aggravated trafficking in subsection C of 63 O.S. § 2-415.
(4) Crimes involving threats, violence and/or harm to another individual.
(A) Assault, battery, or assault and battery with a dangerous or deadly weapon or by other means likely to produce death or great bodily harm 21 O.S. §§ 645 and 652.
(B) Aggravated assault and battery 21 O.S. § 646.
(C) Aggravated assault and battery on a law officer 21 O.S. § 650.
(D) Murder, first or second degree 21 O.S. §§ 701.7 and 701.8.
(E) Manslaughter, first degree 21 O.S. § 711.
(F) Kidnapping 21 O.S. § 741.
(G) Extortionate kidnapping 21 O.S. § 745.
(H) Child endangerment by permitting child abuse 21 O.S. § 852.1.
(I) Rape by instrumentation and Rape, first or second degree 21 O.S. §§ 1111.1 and 1114.
(J) Mistreatment of a mental patient, as provided for in 21 O.S. § 843.1.
(K) Abuse of a vulnerable adult as defined in 43A O.S. § 10-103.
(L) A felony involving domestic assault, domestic assault and battery, or domestic abuse as defined in Section 644 of Title 21 of the Oklahoma Statutes.
(M) Poisoning with intent to kill, as provided for in Section 651 of Title 21 of the Oklahoma Statutes.
(5) Crimes involving harm to property.
(A) Violation of Oklahoma Antiterrorism Act 21 O.S. §§ 1268 et seq.
(B) Arson, first degree 21 O.S. § 1401.
(C) Burglary, first degree 21 O.S. § 1431.
(e) Felony convictions that disqualify an individual from retaining licensure or becoming licensed as a nurse, or retaining certification or becoming certified as an AUA in Oklahoma if a conviction or plea of guilty or nolo contendere for which less than five (5) years has elapsed since the date of conviction, plea, or release from incarceration, whichever is later, include:
(1) Crimes involving fraud, theft, lying and/or falsification.
(A) Falsely personating another to gain money or property 21 O.S. § 1532.
(B) Identity theft 21 O.S. § 1533.1.
(2) Crimes involving sexual misconduct. Knowingly engaging in acts likely to spread Human Immunodeficiency Virus 21 O.S. § 1192.1.
(3) Crimes involving drugs and/or alcohol.
(A) Causing, aiding, abetting minor to commit controlled dangerous substance crimes 21 O.S. § 856.1.
(B) Drug trafficking 63 O.S. § 2-415.
(4) Crimes involving threats, violence and/or harm to another individual.
(A) Aggravated assault and battery on medical personnel with firearm or other dangerous weapon 21 O.S. § 650.5.
(B) Malicious intentional intimidation or harassment based on suspect classification 21 O.S. § 850.
(C) Desertion - abandonment of child under ten 21 O.S. § 851.
(D) Rape in the second degree 21 O.S. § 1114.
(E) Mistreatment of a mental patient, as provided for in 21 O.S. § 843.1.
(F) Abuse of a vulnerable adult as defined in 43A O.S. § 10-103.
(G)(D) Endangering or injuring a person during arson or attempt 21 O.S. § 1405.
(H)(E) Failure to stop after fatal accident 47 O.S. § 10-102.1.
(I)(F) Mingling poison, drugs, or sharp objects with food, drink 21 O.S. § 832.
(5) Crimes involving harm to property. Arson, second or third degree 21 O.S. §§ 1402, and 1403.
(f) To obtain a Determination of Eligibility pursuant to 59 O.S. § 4000.1(G-J), the required form shall be completed and filed with the Board. The fee for a Determination of Eligibility shall be $95.00 and shall be submitted with the required form.
(g) The Executive Director is authorized to close a file requesting determination of eligibility when the person seeking determination of eligibility for licensure or certification has failed to respond to a written request from the Board for information, within sixty (60) days of the written request.
SUBCHAPTER 15. REQUIREMENTS FOR PRACTICE AS AN ADVANCED PRACTICE REGISTERED NURSE
485:10-15-4. Application [AMENDED]
(a) An applicant for licensure as an Advanced Practice Registered Nurse must:
(1) Hold a current license to practice as a Registered Nurse in Oklahoma;
(2) Cause submission of an official transcript verifying completion of an advanced practice registered nursing education program in one of the four advanced practice registered nurse roles (CNP, CNM, CNS, and CRNA) and a specialty area recognized by the Board. The transcript must be obtained from an entity approved and recognized by the U.S. Department of Education as a primary source for providing education transcripts. Effective January 1, 2016, theThe applicant shall have completed an accredited graduate level advanced practice registered nursing education program in at least one of the following population foci: family/individual across the lifespan, adult-gerontology (acute and/or primary), neonatal, pediatrics (acute and/or primary), women's health/gender related, or psychiatric/mental health;
(3) submit evidence of current national certification consistent with educational preparation and by a national certifying body recognized by the Board; and
(4) submit a completed application for licensure containing such information as the Board may prescribe and the required fee. If the application is not completed within one (1) year, a new application and new fee will be required.
(b) Changing and adding certifications.
(1) An Advanced Practice Registered Nurse who wishes to add an area of specialty and national certification must meet initial requirements for advanced practice licensure, as identified in 485:10-15-4(a).
(2) An Advanced Practice Registered Nurse who changes national certification and certifying body within the same specialty area must notify the Board in writing within thirty (30) days of the change and submit a copy of a current national certification recognized by the Board within the same specialty area.
(3) An Advanced Practice Registered Nurse holding more than one certification who does not renew or maintain one or more of thetheir national certifications must notify the Board in writing within thirty (30) days of the change. The license for which the national certification has expired will be placed on inactive status. The Advanced Practice Registered Nurse shall not work in the specialty area upon expiration of national certification.
(c) Endorsement.
(1) An applicant who is licensed or recognized as an APRN in another U.S. state or territory may be issued an APRN license by endorsement if current Board requirements for licensure as an APRN are met. A Board-recognized APRN holding recognition may continue to be licensed as an APRN with his or her current certification, even if such certification is no longer included on the list of recognized APRN certifications and certifying bodies approved by the Board, PROVIDED the APRN license remains in an active status and current certification is maintained. The applicant must have met all requirements of the advanced practice certifying body to maintain full certification, including requirements for maintaining continuing competence. An applicant for APRN licensure by endorsement who holds certification on provisional or conditional status may be considered for licensure by the Board.
(2) In addition to meeting other requirements for endorsement established by the Board in these rules, the applicant for endorsement of the APRN license must demonstrate continued qualifications for practice through completion of one or more of the following requirements within the last two (2) years prior to receipt of a completed application in the Board office:
(A) Cause submission of an official transcript, from an entity approved and recognized by the U.S. Department of Education as a primary source for providing education transcripts, or certificate of completion verifying completion of an APRN nursing refresher course meeting the requirements established by the Board in policy;
(B) Cause submission of an official transcript, from an entity approved and recognized by the U.S. Department of Education as a primary source for providing education transcripts, verifying successful completion of at least six (6) academic semester credit hours of APRN nursing courses in the same role and population focus as was previously held by the APRN in a graduate-level APRN program, which includes classroom and clinical instruction;
(C) Present evidence of current licensure or recognition as an APRN in another state or territory with employment in a position that requires APRN licensure or recognition with verification of at least 520 work hours during the past two (2) years preceding receipt of the application for endorsement in the Board office;
(D) Submission of evidence of current national certification consistent with educational preparation and by a national certifying body recognized by the Board.
(d) Temporary license for endorsement applicants. Temporary licensure may be granted under the following conditions:
(1) Current unrestricted licensure as an RN in Oklahoma;
(2) Current unrestricted APRN licensure or recognition in another state or territory in the same role with no history of arrest or disciplinary action requiring further review;
(3) Demonstrates evidence of meeting continuing qualifications for practice through meeting the requirements of 485:10-15-4(c)(2);
(4) Evidence of completing an advanced practice registered nursing education program in one of the four roles and a specialty area recognized by the Board;
(5) Evidence of current national certification consistent with educational preparation and by a national certifying body recognized by the Board;
(6) Completed application for endorsement and temporary recognition and the required fees; and
(7) Submission of fingerprints with the fee established by the Oklahoma State Bureau of Investigation and/or vendor for the purpose of permitting a state and national criminal history records search to be completed.
(8) The temporary license may not be issued for a period longer than ninety (90) days.
(9) The temporary license may be extended, but such period shall be no longer than one (1) year for any applicant.
(e) Licensure of active duty military or the spouse of an active military individual. Applications must be completed and filed with the Board.
(1) Submit with the endorsement application a copy of the United States Uniformed Services Identification and Privilege Card and a copy of the Permanent Change of Station orders for the active military individual;
(2) The requested Oklahoma license and/or temporary license shall be issued within thirty (30) days for their currently held valid license from another state or territory provided the license from the other state is found to be in good standing and reasonably equivalent to the requirements of this state; and
(3) The fee for licensure, including temporary license, of active duty military or the spouse of an active duty military individual is waived with the license expiration date extended through the first renewal cycle.
(f) Certification program. The Board shall identify and keep on file the current list of recognized APRN certifications and certifying bodies approved by the Board. A Board-recognized APRN holding recognition prior to July 1, 2012, may continue to be licensed as an APRN with his or her current certification, even if such certification is no longer included on the list of recognized APRN certifications and certifying bodies approved by the Board, PROVIDED the APRN license remains in an active status and current certification is maintained. A licensee may request that a certification program be considered by the Board for inclusion on the list. Effective July 1, 2012, theThe certification program shall provide documentation of compliance with the following standards:
(1) The certification program is national in the scope of its credentialing;
(2) Conditions for taking the certification examination are consistent with standards of the testing community;
(3) Educational requirements are consistent with the requirements of the advanced practice role and specialty;
(4) The standard's methodologies used are acceptable to the testing community such as incumbent job analysis studies and logical job analysis studies;
(5) Certification programs are accredited by a national accreditation body as acceptable by the Board;
(6) The examination represents entry-level practice in the APRN role and specialty;
(7) The examination represents the knowledge, skills and abilities essential for the delivery of safe and effective advanced nursing care to patients;
(8) Examination items shall be reviewed for content validity and correct scoring using an established mechanism, both before use and at least every five years. When possible, items will be reviewed for cultural bias;
(9) The passing standard is established using acceptable psychometric methods and is re-evaluated at least every five years;
(10) Certification is issued based upon meeting all certification requirements and passing the examination;
(11) A re-take policy is in place;
(12) Certification maintenance program, which includes review of qualifications and continued competence, is in place;
(13) Mechanisms are in place for communication to boards of nursing for timely verification of an individual's certification status, changes in the certification status, and changes in the certification program, including qualifications, test plan and scope of practice; and
(14) An evaluation process is in place to provide quality assurance in the certification program.
485:10-15-5.1. Advertisement of Health Care Services [NEW]
(a) Advertisement of Health Care Services. The Advanced Practice Registered Nurse shall only advertise and offer health care services consistent with their scope of practice. Any advertisement for health care services shall not imply that the Advanced Practice Registered Nurse is a physician or offering services beyond their personal and legal scope of practice.
(b) Violation of the provisions in section (a) shall subject the Advanced Practice Registered Nurse to disciplinary action.
485:10-15-6. Practice as a Certified Nurse Practitioner [AMENDED]
(a) Educational preparation. Successful completion of an education program shall establish eligibility to take the recognized nurse practitioner certification examination in a specialty area. The education program shall:
(1) Prepare nurse practitioners in a graduate-level nursing program accredited by or holding preliminary approval or candidacy status with the Accreditation Commission for Education in Nursing, the Commission on Collegiate Nursing Education, or the Commission for Nursing Education Accreditation; or
(2) Meet the following requirements:
(A) be based on measurable objectives that relate directly to the scope of practice for the specialty area;
(B) include theoretical and clinical content directed to the objectives;
(C) be equivalent to at least one academic year. A preceptorship which is part of the formal program shall be included as part of the academic year;
(D) be university-based or university-affiliated with oversight by a nursing program accredited by an approved national nursing accrediting agency.
(3) Effective January 1, 2016, allAll applicants for initial licensure or licensure by endorsement as a Certified Nurse Practitioner must hold a graduate level degree from an advanced practice education program accredited by or holding preliminary approval or candidacy status with the Accreditation Commission for Education in Nursing, the Commission on Collegiate Nursing Education, or the Commission for Nursing Education Accreditation.
(b) Scope of practice for CNP. The Certified Nurse Practitioner's scope of practice includes the full scope of nursing practice and practice in an expanded role as follows:
(1) The Certified Nurse Practitioner (CNP) provides comprehensive health care to clients across the life span.
(2) The CNP is responsible and accountable for the continuous and comprehensive management of a broad range of health services, which include, but are not limited to:
(A) promotion and maintenance of health;
(B) prevention of illness and disability;
(C) diagnosis and prescription of medications, treatments, and devices for acute and chronic conditions and diseases;
(D) management of health care during acute and chronic phases of illness;
(E) guidance and counseling services;
(F) consultation and/or collaboration with other health care providers and community resources;
(G) referral to other health care providers and community resources.
(3) The CNP will provide services based upon education, experience, and national certification. It is the responsibility of the licensee to document competency of any act, based upon education, experience and certification.
(4) The scope of practice as previously defined is incorporated into the following specialty categories and further delineates the population served:
(A) Adult CNP (acute and/or primary) provides acute and/or primary health care to adolescents and adults.
(B) Family CNP provides health care to persons across the lifespan.
(C) Geriatric CNP provides health care to older adults.
(D) Neonatal CNP provides health care to neonates and infants.
(E) Pediatric CNP (acute and/or primary) provides acute and/or primary health care to persons from newborn to young adulthood.
(F) Women's Health Care CNP provides health care to adolescent and adult females. Care may also be provided to males with reproductive health needs or problems.
(G) Acute Care CNP provides health care to adults who are acutely or critically ill.
(H) The Adult Psychiatric and Mental Health CNP provides acute and chronic psychiatric and mental health care to persons age 13 or older.
(I) The Family Psychiatric and Mental Health CNP provides acute and chronic psychiatric and mental health care to persons across the lifespan.
(J) The Acute Care Pediatric CNP provides health care to persons from newborn to young adulthood with complex acute, critical and chronic health conditions.
(5) Effective January 1, 2016, theThe applicant for initial APRN licensure or APRN licensure by endorsement as a CNP shall hold certification in at least one of the following population foci: family/individual across the lifespan, adult-gerontology (acute and/or primary), neonatal, pediatrics (acute and/or primary), women's health/gender related, or psychiatric/mental health.
485:10-15-8. Practice as a Certified Nurse-Midwife [AMENDED]
(a) Educational preparation. An applicant for licensure as a Certified Nurse-Midwife must provide evidence of Successful completion of a nurse midwifery program accredited by the Accreditation Commission for Midwifery Education. Effective January 1, 2016, anAn applicant for initial licensure or licensure by endorsement as a Certified Nurse-Midwife must hold a graduate level degree from an advanced practice education program accredited by the Accreditation Commission for Midwifery Education.
(b) Certification. The applicant for licensure as a Certified Nurse-Midwife must hold current certification for the practice of nurse-midwifery from the American Midwifery Certification Board (AMCB).
485:10-15-9. Practice as a Certified Registered Nurse Anesthetist [AMENDED]
(a) Educational preparation. An applicant for licensure as a Certified Registered Nurse Anesthetist must provide evidence of successful completion of a nurse anesthesia education program accredited by the American Association of Nurse Anesthetists' Council on Accreditation of Nurse Anesthesia Educational Programs. Effective January 1, 2016, theThe applicant for initial licensure or licensure by endorsement as a Certified Registered Nurse Anesthetist must hold a graduate-level degree from a program preparing the graduate for certification as a nurse anesthetist accredited by the American Association of Nurse Anesthetists' Council on Accreditation of Nurse Anesthesia Educational Programs.
(b) Certification. The applicant for initial licensure or licensure by endorsement as a Certified Registered Nurse Anesthetist must hold current certification as a nurse anesthetist through the National Board of Certification and Recertification for Nurse Anesthetists.
SUBCHAPTER 16. REQUIREMENTS FOR PRESCRIPTIVE AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES
485:10-16-3. Initial application [AMENDED]
The Advanced Practice Registered Nurse applicant for prescriptive authority shall:
(1) hold current Registered Nurse and Certified Nurse Practitioner, Certified Nurse Midwife, or Clinical Nurse Specialist licenses in Oklahoma;
(2) submit a completed application for each type of recognition and advanced practice specialty certification held containing such information as the Board may prescribe and the required fee. If the application is not completed within one (1) year, a new application and new fee will be required;
(3) submit a written statement from an Oklahoma-licensed physician supervising prescriptive authority which identifies a mechanism for:
(A) appropriate referral, consultation, and collaboration between the Advanced Practice Registered Nurse and physician supervising prescriptive authority;
(B) availability of communication between the Advanced Practice Registered Nurse and physician supervising prescriptive authority through direct contact, telecommunications, or other appropriate electronic means for consultation, assistance with medical emergencies or patient referral;
(C) Advanced Practice Registered Nurses who meet the eligibility requirements and apply for independent prescriptive authority, as defined in 485:10-16-3.2, are not required to submit a written statement from an Oklahoma-licensed physician supervising prescriptive authority.
(4) submit documentation verifying completion of forty-five contact hours of Category B continuing education or three academic credit hours of education, as required by law and defined in the rules and regulations, in a course or courses in pharmacotherapeutic management that target/s Advanced Practice Registered Nurses or individuals enrolled in an advanced practice registered nursing education program and/or other authorized prescribers. Such contact hours or academic credits shall be obtained within a time period of three (3) years immediately preceding the date of receipt of application for prescriptive authority. The three (3) year time period may be waived if the applicant has graduated from their advanced practice registered nursing education program within a time period of three years immediately preceding the date of application for prescriptive authority and evidence that didactic and clinical preparation for prescribing was incorporated throughout the program;
(5) Submit documentation verifying successful completion of a graduate level advanced practice registered nursing education program that included an academic course in pharmacotherapeutic management and didactic and clinical preparation for prescribing incorporated throughout the program. Until January 1, 2016, a Clinical Nurse Specialist who verifies completion of a graduate level advanced practice registered nursing education program that included an academic course in pharmacotherapeutic management may meet the requirements in 485:10-16-4 in lieu of submitting verification of didactic and clinical preparation for prescribing incorporated throughout the advanced practice nursing education program.
485:10-16-3.1. Endorsement [AMENDED]
In addition to meeting statutory requirements for endorsement of prescriptive authority, an applicant for prescriptive authority recognition by endorsement must:
(1) Be licensed as an APRN in Oklahoma;
(2) Submit a completed application containing such information as the Board may prescribe and required fee. If the application is not completed within one (1) year, a new application and new fee will be required;
(3) Present evidence of licensure or recognition as an APRN in the same role with prescriptive authority in another state;
(4) Submit a written statement signed by the Oklahoma-licensed physician supervising prescriptive authority that includes a method of assuring availability of the supervising physician through direct contact, telecommunications or other appropriate electronic means for consultation, assistance with medical emergencies, or patient referral; or, if applying for independent prescriptive authority, submit an application and documents as required by 485:10-16-3.2; and
(5) Present evidence that during the two (2) years preceding receipt of the completed application for endorsement in the Board office of either (A) or (B) below:
(A) Employment in a position that requires APRN prescriptive authority licensure or recognition with verification of at least 520 work hours; or
(B) Documentation approved by the Board, verifying a minimum of fifteen (15) contact hours or one academic credit hour of education or the equivalent in pharmacotherapeutics and clinical application of use of pharmacological agents in the prevention of illness and in the restoration and maintenance of health, in a program approved by the Board that is more advanced than basic registered nurse preparation and that is applicable to the scope of practice and specialty certification.
(i) If the applicant selects option (B) above, the following categories identify how the education requirement may be met. No more than the identified percentage for each category may apply towards the contact hour/academic hour or the equivalent requirements for endorsement of prescriptive authority;
(ii) Maximum number of units acceptable in continuing education categories:
(I) Category A: up to 100% of requirement (1 credit hour)
(II) Category B: up to 100% of requirement (15 contact hours)
(III) Category C: up to 100% of requirement (15 contact hours)
(IV) Category D: up to 20% of requirement (3 contact hours)
(V) Category E: up to 20% of requirement (3 contact hours)
485:10-16-3.2. Initial application for Independent Prescriptive Authority [NEW]
The Advanced Practice Registered Nurse applicant for independent prescriptive authority shall meet the following requirements in addition to the requirements in 485:10-16-3:
(1) Submit an application prescribed by the Board for reporting completion of six thousand two hundred forty (6,240) clinical practice hours with prescriptive authority supervised by a physician. Upon verification by the Board of the requisite completion of six thousand two hundred forty (6,240) clinical practice hours with prescriptive authority supervised by a physician.
(A) Clinical practice hours include:
(i) Performing services directly related to patient care.
(ii) Providing clinical instruction to Advanced Practice Registered Nursing students at an accredited Advanced Practice Registered Nursing program. Time spent preparing to provide clinical instruction or performing administrative tasks related to providing clinical instruction should not be included in clinical practice hours.
(B) Attestation of clinical practice hours with prescriptive authority supervised by a physician:
(i) On the form prescribed by the Board, an attestation from the Advanced Practice Registered Nurse that they have accrued the requisite hours.
(ii) If audited, the Advanced Practice Nurse shall present documentation, as requested by board staff, to support their attestation regarding the requisite hours.
(2) Requirement for insurance. The Advanced Practice Registered Nurse with independent prescriptive authority shall demonstrate evidence of maintaining insurance or proof of financial responsibility as required under 59 O.S. § 567.5b(A). If audited, the Advanced Practice Registered Nurse shall present documentation supporting compliance with the insurance or proof of financial responsibility requirement.
485:10-16-4. Clinical Nurse Specialist pharmacology requirements [REVOKED]
485:10-16-5. Maintenance [AMENDED]
(a) The Advanced Practice Registered Nurse may prescribe in writing, orally, or by other means of telecommunication, drugs or medical supplies which are not listed on the exclusionary formulary approved by the Board, and which are within the scope of practice for the Advanced Practice Registered Nurse, and that are not otherwise prohibited by law.
(b) The Advanced Practice Registered Nurse must have a supervising physician on file with the Board, unless they have been granted independent prescriptive authority by the Board, prior to prescribing drugs or medical supplies. Changes to the written statement between the Advanced Practice Registered Nurse and supervising physician shall be filed with the Board within thirty (30) days of the change and shall be effective upon filing.
(c) The Advanced Practice Registered Nurse with prescriptive authority who prescribes Schedule III-V drugs will comply with state and Federal Drug Enforcement Administration (DEA) requirements prior to prescribing controlled substances.() No more than a 30-day supply for Schedule III-V drugs shall be prescribed by the Advanced Practice Registered Nurse with prescriptive authority.
485:10-16-6. Renewal [AMENDED]
The application for renewal of prescriptive authority shall:
(D)(E) for applicants who have not been granted independent prescriptive authority by the Board, Aa written statement signed by the physician supervising prescriptive authority that includes a method of assuring availability of the supervising physician through direct contact, telecommunications or other appropriate electronic means for consultation, assistance with medical emergencies, or patient referral. Applicants for renewal who have submitted a written statement signed by the physician supervising prescriptive authority prior to renewal but within ninety (90) days of the expiration date are not required to submit another written statement for renewal.
(1) be concurrent with the two-year RN licensure renewal and renewal of advanced practice registered nurse licensure;
(2) include:
(A) a completed application containing such information as the Board may prescribe and required fee;
(B) for applicants who have not been granted independent prescriptive authority by the Board, documentation approved by the Board verifying a minimum of fifteen (15) contact hours, or one academic credit hour of education, or the equivalent, in pharmacotherapeutics, clinical application and use of pharmacological agents in the prevention of illness, and in the restoration and maintenance of health. All of the required hours shall be obtained in a program beyond basic registered nurse preparation, approved by the Board, within the two-year period immediately preceding the effective date of application for renewal of prescriptive authority, which is applicable to the scope of practice and specialty certification. This documentation requirement does not apply to individuals renewing within twenty-four (24) months of initial prescriptive authority approval.
(i) The following categories identify how this requirement may be met. No more than the identified percentage for each category may apply towards the contact hour/academic hour or the equivalent requirements for renewal of prescriptive authority;
(ii) Maximum number of units acceptable in continuing education categories:
(I) Category A: up to 100% of requirement (1 credit hour)
(II) Category B: up to 100% of requirement (15 contact hours)
(III) Category C: up to 100% of requirement (15 contact hours)
(IV) Category D: up to 20% of requirement (3 contact hours)
(V) Category E: up to 20% of requirement (3 contact hours)
(C) for applicants who have been granted independent prescriptive authority by the Board, documentation approved by the Board verifying a minimum of forty (40) hours of Category I continuing medical education hours within the two-year period immediately preceding the effective date of application for renewal of independent prescriptive authority. This may include the continuing education described in 485:10-16-6(2)(B) if it meets the criteria for Category I continuing medical education.
(D) documentation approved by the Board verifying two (2) hours of education in pain management or two (2) hours of education in opioid use or addiction, unless the Advanced Practice Registered Nurse has demonstrated to the satisfaction of the Board that the Advanced Practice Registered Nurse does not currently hold a valid federal Drug Enforcement Administration registration number.
485:10-16-7. Reinstatement/Inactive Status [AMENDED]
(a) Reinstatement.
(1) If an Advanced Practice Registered Nurse fails to renew prescriptive authority prior to the expiration date of that authority, the Advanced Practice Registered Nurse's prescriptive authority shall expire and the Advanced Practice Registered Nurse shall cease prescribing.
(2) The Advanced Practice Registered Nurse may reinstate the prescriptive authority recognition by submitting:
(A) a completed application containing such information as the Board may prescribe and required fee. If the application is not completed within one (1) year, a new application and new fee will be required;
(B) for applicants who have not been granted independent prescriptive authority by the Board, Aa written statement signed by the Oklahoma-licensed physician supervising prescriptive authority that includes a method of assuring availability of the supervising physician through direct contact, telecommunications or other appropriate electronic means for consultation, assistance with medical emergencies, or patient referral; and
(C) present evidence of:
(i) having met requirements for renewal of prescriptive authority as listed in 485:10-16-6(2)(B)(C)(D); or
(ii) licensure or recognition as an APRN in the same role with prescriptive authority in another state with employment in a position that requires APRN prescriptive authority licensure or recognition with verification of at least 520 work hours during the past two (2) years preceding receipt of the application for reinstatement in the Board office.
(D) For applicants who have been granted independent prescriptive authority by the Board, evidence of having met requirements for renewal of prescriptive authority as listed in 485:10-16-6(2)(C)(D).
(b) Inactive Status.
(1) An Advanced Practice Registered Nurse may submit a written request to place prescriptive authority on inactive status.
(2) The date of inactive status will be the date of approval by the Board. The Board may delegate approval of the licensee's request to be placed on inactive status to Board staff.
(3) The Advanced Practice Registered Nurse may return to active status the prescriptive authority recognition by submitting:
(A) a completed application containing such information as the Board may prescribe and required fee. If the application is not completed within one (1) year, a new application and new fee will be required;
(B) for applicants who have not been granted independent prescriptive authority by the Board, Aa written statement signed by the Oklahoma-licensed physician supervising prescriptive authority that includes a method of assuring availability of the supervising physician through direct contact, telecommunications or other appropriate electronic means for consultation, assistance with medical emergencies, or patient referral; and
(C) present evidence of:
(i) having met requirements for renewal of prescriptive authority as listed in 485:10-16-6(2)(B)(D); or
(ii) licensure or recognition as an APRN in the same role with prescriptive authority in another state with employment in a position that requires APRN prescriptive authority licensure or recognition with verification of at least 520 work hours during the past two (2) years preceding receipt of the application for return to active status in the Board office.
(D) For applicants who have been granted independent prescriptive authority by the Board, evidence of having met requirements for renewal of prescriptive authority as listed in 485:10-16-6(2)(C)(D).
485:10-16-8. Information which must be included on the prescription [AMENDED]
(a) Prescriptions will comply with all applicable state and federal laws.
(b) All prescriptions will include the following information:
(4)(5) Date of the prescription.
(5)(6) Full name of the drug, dosage, route and specific directions for administration.
(6)(7) DEA number of Advanced Practice Registered Nurse, if required.
(1) Name, title, address, and telephone number of the Advanced Practice Registered Nurse who is prescribing.
(2) For Advanced Practice Registered Nurses who have not been granted independent prescriptive authority by the Board, Namename of physician supervising prescriptive authority.
(3) For Advanced Practice Registered Nurses who have been granted independent prescriptive authority by the Board, the notation of "Independent Rx Authority".
(4) Name of the client.
(c) Written prescriptions shall include the signature of the Advanced Practice Registered Nurse.
(d) Records of all prescriptions will be documented in client records.
[OAR Docket #26-525; filed 6-8-26]
TITLE 535. Oklahoma State Board of Pharmacy
CHAPTER 15. PHARMACIES
[OAR Docket #26-439]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Pharmacies
535:15-3-2. Pharmacy responsibilities [AMENDED]
Subchapter 5. Hospital Pharmacies
535:15-5-7.1. Pharmacy technician qualifications and training [AMENDED]
Subchapter 13. Pharmacy Supportive Personnel
535:15-13-3. Definitions [AMENDED]
535:15-13-4. Pharmacy technician qualifications and training [AMENDED]
535:15-13-5. Supervision of pharmacy technicians [AMENDED]
Subchapter 17. Nuclear Pharmacy
535:15-17-11. Supervision of licensed pharmacy technicians in a licensed nuclear pharmacy [AMENDED]
AUTHORITY:
Oklahoma State Board of Pharmacy; Oklahoma Pharmacy Act, 59 O.S., § 353 et seq., specifically including 59 O.S., §§ 353.7, 353.18A, 353.18B, and 353.24.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 11, 2025
COMMENT PERIOD:
October 15, 2025 through November 14, 2025
PUBLIC HEARING:
November 18, 2025
ADOPTION:
November 18, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
November 21, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The amendment to 535:15-3-2 adds to (b)(3) “Remote Medication Order Processing (RMOP) pharmacies” as a type of pharmacy that is exempt from the rule that requires a pharmacist-in-charge (“PIC”) to serve in no more than one pharmacy at a time.
The amendment to 535:15-13-5: replaces, in (c), the word “two” with the word “four” to now require a ratio of no more than four pharmacy technicians to one supervising pharmacist on duty for a pharmacy; removes (d) (the rule allowing a licensed pharmacy that conducts significant compounding to utilize up to two pharmacy technicians specifically trained in compounding who shall, only while performing compounding duties, not be counted for the purposes of the pharmacy technician to pharmacist ratio of two pharmacy technicians to one supervising pharmacist); and then reorganizes the current (e) to (d), and the current (f) to (e) since (d) will be removed.
As a result of removing (d) in 535:15-13-5, the amendment to 535:15-13-3 removes the “Significant Compounding” definition from the pharmacy supportive personnel rules since the phrase appears only in (d) of 535:15-13-5 which will be removed.
The amendment to 535:15-17-11 replaces, in (b), the word “three” with the word “four” to now require a ratio of no more than four pharmacy technicians to one supervising pharmacist in a nuclear pharmacy.
The amendment to 535:15-13-4 (which relates to all types of pharmacy supportive personnel except hospital pharmacy supportive personnel) adds, to (a), parts (1), (2), and (3) to: allow, at (1), pharmacy technician applicants, who are seventeen-years of age or older and enrolled in an approved youth apprenticeship program or pharmacy technician training program through the Oklahoma Department of Career and Technology Education, to complete their Phase II pharmacy technician training in a pharmacy without being employed at the pharmacy; require, at (1), that all such programs receive initial and annual approval from the Oklahoma State Board of Pharmacy; require, at (1), that the training permits of such pharmacy technician applicants only be used for educational purposes within a Board-approved program; require, at (2), all approved youth apprenticeship and pharmacy technician training programs to carry liability insurance covering students at all pharmacy training sites; and require, at (3), all pharmacy technician trainees in approved programs to be directly supervised by a pharmacist in the same manner as any other pharmacy employee.
The amendment to 535:15-5-7.1 (which relates to hospital pharmacy supportive personnel) adds, to (a), parts (1), (2), and (3) to: allow, at (1), pharmacy technician applicants, who are seventeen-years of age or older and enrolled in an approved youth apprenticeship program or pharmacy technician training program through the Oklahoma Department of Career and Technology Education, to complete their Phase II pharmacy technician training in a pharmacy without being employed at the pharmacy; require, at (1), that all such programs receive initial and annual approval from the Oklahoma State Board of Pharmacy; require, at (1), that the training permits of such pharmacy technician applicants only be used for educational purposes within a Board-approved program; require, at (2), all approved youth apprenticeship and pharmacy technician training programs to carry liability insurance covering students at all pharmacy training sites; and require, at (3), all pharmacy technician trainees in approved programs to be directly supervised by a pharmacist in the same manner as any other pharmacy employee.
CONTACT PERSON:
Melissa Jones, Pharm.D., D.Ph., Senior Pharmacist Compliance Officer, Oklahoma State Board of Pharmacy, 405-521-3815, mjones@pharmacy.ok.gov.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(5) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. PHARMACIES
535:15-3-2. Pharmacy responsibilities [AMENDED]
(a) Pharmacy staffing responsibility. Each pharmacy shall employ an adequate number of pharmacists to perform the practice of pharmacy as defined by the Oklahoma Pharmacy Act with reasonable safety.
(b) PIC. Each pharmacy, in order to obtain and maintain a pharmacy license, must have a licensed pharmacist as the PIC.
(1) A PIC is designated by his signature on the original pharmacy application or by the appropriate notification to the Board as required in 535:15-3-10 (a), and is responsible for all aspects of the operation related to the practice of pharmacy. These responsibilities include, but are not limited to the:
(A) Supervision of all employees as they relate to the practice of pharmacy;
(B) Establishment of policies and procedures for safekeeping of pharmaceuticals that satisfy Board requirements, including security provisions when the pharmacy is closed;
(C) Proper record keeping system for the purchase, sale, delivery, possession, storage, and safekeeping of drugs;
(D) Proper display of all licenses;
(E) Annual controlled drug inventory; and,
(F) Maintenance of prescription files;
(2) Failure of the pharmacy to have a PIC who fulfills these responsibilities is a violation of this code by both the pharmacy and PIC.
(3) No pharmacist may serve as a PIC in more than one pharmacy at a time. This requirement shall not apply to charitable pharmacies, Remote Medication Order Processing (RMOP) pharmacies or hospital drug rooms.
(4) The PIC shall be present and practicing at the pharmacy for which he holds the PIC position no less than 20 hours per week during the pharmacy's ordinary course of business. In the event the pharmacy's normal hours of business are less than 40 hours per week the PIC shall be present and practicing at least 50 percent of the normal business hours.
(5) A PIC shall work sufficient hours in the pharmacy to exercise control and meet the responsibilities of the PIC.
(c) PIC's and pharmacy's responsibilities. The following describe responsibilities of the pharmacy and PIC.
(1) Where the actual identity of the filler of a prescription is not determinable, the PIC and the pharmacy where the prescription was filled will be the subject of any charges filed by the Board.
(2) The pharmacy and the PIC are responsible to establish and maintain effective controls against prescription errors.
(3) The pharmacy and/or PIC shall notify the Board immediately by certified mail of the separation of employment of any pharmacist, pharmacy intern, or pharmacy technician for any suspected or confirmed drug or pharmacy related violation. If the PIC is terminated for such reason, the owner or other person in charge of the pharmacy shall notify the Board by certified mail.
(4) The pharmacy, pharmacist, and/or PIC shall establish and maintain effective controls against the diversion of prescription drugs into other than legitimate medical, scientific, or industrial channels as provided by federal, state or local laws or rules.
(5) The pharmacy, pharmacist and PIC are responsible for supervision of all employees as they relate to the practice of pharmacy.
(d) Responsibility for automated pharmacy systems. This subsection describes the responsibilities of the pharmacy and the PIC for automated pharmacy systems.
(1) Prior written notice must be provided to the Board of the installation or removal of automated pharmacy systems. Such notice must include, but is not limited to the:
(A) Name and address of the pharmacy,
(B) Name of PIC,
(C) Name of the manufacturer & model of system.
(2) The system being implemented should conform to Board automated pharmacy system guidelines.
(3) The pharmacy shall monitor the automated pharmacy system with a quality assurance program.
(4) The pharmacy, pharmacist, and/or PIC shall establish and maintain effective controls against the diversion of prescription drugs into other than legitimate medical, scientific, or industrial channels as provided by federal, state or local laws or rules.
(5) The pharmacy, pharmacist and PIC are responsible for supervision of all employees as they relate to the practice of pharmacy regarding automation.
(e) Responsibilities for personnel identification. The PIC and the pharmacy are responsible to assure that the public is able to distinguish pharmacy technicians, auxiliary support personnel, and/or interns from any pharmacist in the pharmacy.
(1) All pharmacy technicians, auxiliary support personnel, and/or interns must wear a designation tag and be distinctly identifiable from a practicing pharmacist.
(2) Designation tags must be clear, readable and lettered with "Rx Tech", "Tech", "Clerk", or "Intern".
(3) All pharmacy interns, technicians or clerks must identify themselves as such on any phone calls initiated or received while performing pharmacy functions.
(f) Written drug diversion detection and prevention. The pharmacy, pharmacist, and/or PIC shall implement and follow a written drug diversion detection policy. The policy shall be available for Board review.
(g) Inspections. Pharmacies are subject to inspection. The Board and/or its authorized representatives may conduct on-site periodic routine inspections and investigations during reasonable business hours.
(h) Remodel. The pharmacy and the PIC are responsible to notify the Board in writing in advance of any remodel in the pharmacy that would result in a change in square footage or additional storage areas. Such pharmacy shall be subject to inspection by the Board and shall be required to pay and inspection fee.
(i) Closing of a Pharmacy. The pharmacy and the PIC are responsible to notify the Board in writing within ten (10) days of closing a pharmacy. The notification shall include, but not be limited to:
(1) Date of closing
(2) Copy of final CDS inventory,
(3) Disposition of pharmacy records,
(4) Disposition of prescription drugs, and
(5) Return of pharmacy license.
(j) Reporting.
(1) The pharmacy and the PIC shall report any theft or significant loss of any drugs to the Board within one day of discovery. The pharmacy and the PIC must complete and submit a DEA 106 form for any theft or significant loss of controlled substances to DEA within the required time. A copy shall be sent to the Board within fourteen (14) days of the filing of the DEA Form 106.
(2) A change in PIC must be reported to the Board in writing within ten (10) days,
(3) A pharmacy that is closing due to lack of staffing or for some other reason and will not be open during normal business hours when patients would expect the pharmacy to be open must email the following information to the Board within twenty-four (24) hours.
(A) License number of the pharmacy.
(B) Name of the pharmacy.
(C) Address of the pharmacy.
(D) Name of the pharmacist in charge (PIC).
(E) Date(s) that the pharmacy will be closed.
(F) Hours the pharmacy will be closed.
(G) Detailed explanation for closing.
SUBCHAPTER 5. HOSPITAL PHARMACIES
535:15-5-7.1. Pharmacy technician qualifications and training [AMENDED]
(a) A pharmacy technician must have completed a high school education or G.E.D. equivalence, be of good moral character, be non-impaired (e.g. alcohol or drugs) and have adequate education to perform assigned duties.
(1) Pharmacy technician applicants who are seventeen (17) years of age or older and enrolled in a youth apprenticeship program for pharmacy technicians or a pharmacy technician training program through the Oklahoma Department of Career and Technology Education shall complete Phase II pharmacy technician training in a pharmacy without the requirement to be a pharmacy employee. All pharmacy technician training programs shall be approved by the Oklahoma State Board of Pharmacy initially and on an annual basis. This permit will only be used for educational purposes for those enrolled in an Oklahoma State Board of Pharmacy-approved program.
(2) The youth apprenticeship program for pharmacy technicians and pharmacy technician training programs through the Oklahoma Department of Career and Technology Education shall carry liability insurance on the students in the respective program that covers the student anywhere the student is training in a pharmacy.
(3) Any pharmacy technician enrolled in an approved training program shall be directly supervised by a pharmacist in the same manner as any other regularly paid pharmacy employee.
(b) The pharmacy technician must, at a minimum, satisfactorily complete a pharmacy technician on-the-job training (OJT) program as described in 535:15-13-13.
(c) The Director of Pharmacy must demonstrate that the pharmacy technician has been given additional training before being allowed to prepare sterile products and that the training given is at a level consistent with the scope of pharmaceutical product being prepared.
(d) A pharmacy technician, to be eligible for a technician permit, must comply with the requirements in this Title and 535:25.
SUBCHAPTER 13. PHARMACY SUPPORTIVE PERSONNEL
535:15-13-3. Definitions [AMENDED]
The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Significant compounding" means compounding activity which equals at least ten percent (10%) of the prescription volume of the pharmacy.
"Auxiliary supportive personnel" or "auxiliary supportive person" means all persons, other than pharmacists, interns and techs, who are regularly paid employees of the pharmacy and who work or perform tasks in the pharmacy that do not require a permit or license (e.g. clerk, typist, delivery or data entry person, etc.).
"Certify a prescription" means the confirmation by the supervising pharmacist of the accuracy and completeness of the acts, tasks or functions undertaken by supportive personnel to assist the pharmacist in the practice of pharmacy. This process shall be completed before the prescription is given to the patient.
"Pharmacy technician", "Technician", or "Rx Tech" means a person who has been issued a permit by the Board to assist the pharmacist and perform nonjudgmental, technical, manipulative, non-discretionary functions in the prescription department under the pharmacist's immediate and direct supervision.
"Supportive personnel" means supportive personnel as defined in 59 O.S. Section 353.1 et seq.
535:15-13-4. Pharmacy technician qualifications and training [AMENDED]
(a) A pharmacy technician must have completed a high school education, HiSet Examination, or G.E.D. equivalence, and shall be of good moral character, be non-impaired (e.g., alcohol or drugs) and have adequate education to perform assigned duties.
(1) Pharmacy technician applicants who are seventeen (17) years of age or older and enrolled in a youth apprenticeship program for pharmacy technicians or a pharmacy technician training program through the Oklahoma Department of Career and Technology Education shall complete Phase II pharmacy technician training in a pharmacy without the requirement to be a pharmacy employee. All pharmacy technician training programs shall be approved by the Oklahoma State Board of Pharmacy initially and on an annual basis. This permit will only be used for educational purposes for those enrolled in an Oklahoma State Board of Pharmacy-approved program.
(2) The youth apprenticeship program for pharmacy technicians and pharmacy technician training programs through the Oklahoma Department of Career and Technology Education shall carry liability insurance on the students in the respective program that covers the student anywhere the student is training in a pharmacy.
(3) Any pharmacy technician enrolled in an approved training program shall be directly supervised by a pharmacist in the same manner as any other regularly paid pharmacy employee.
(b) A pharmacy manager employing a currently permitted technician must document training of that technician within 10 days of hire.
(c) The pharmacy technician must, at a minimum, satisfactorily complete a pharmacy technician on-the-job training (OJT) program described in 535:15-13-13.
(d) To be eligible for a pharmacy technician permit, an applicant must maintain compliance with the requirements in this Title, 535:25 and 535:15.
535:15-13-5. Supervision of pharmacy technicians [AMENDED]
(a) All tasks performed by pharmacy technicians must be in a licensed pharmacy located in Oklahoma and must be accomplished under the immediate and direct supervision of a pharmacist who is currently licensed by the Board.
(1) Failure by the licensed pharmacy and pharmacist manager (PIC) to provide adequate supervision; and/or failure of a pharmacist to adequately supervise a technician is a violation of these State Board of Pharmacy regulations.
(2) An intern cannot supervise a technician.
(3) Failure to adequately supervise a pharmacy technician is a violation of these State Board of Pharmacy regulations by the pharmacist, pharmacy and pharmacist manager.
(b) A pharmacy technician may perform certain non-judgmental functions of dispensing as enumerated in this Subchapter, provided that whenever the pharmacist leaves the prescription department, other than for in-pharmacy counseling of a patient, all dispensing functions listed shall cease.
(c) A ratio of no more than twofour pharmacy technicians per supervising pharmacist on duty shall be maintained.
SUBCHAPTER 17. NUCLEAR PHARMACY
535:15-17-11. Supervision of licensed pharmacy technicians in a licensed nuclear pharmacy [AMENDED]
(a) The ratio of pharmacy technicians to supervising pharmacists shall be set by the pharmacist in charge (PIC) and shall be a ratio that would be considered safe and reasonable by the certifying pharmacist.
(b) This ratio shall not exceed threefour pharmacy technicians to one supervising pharmacist. Such technicians shall be supervised as described in 535:15-13-5 (a) (b) (e) and (f).
[OAR Docket #26-439; filed 6-1-26]
TITLE 590. Oklahoma Public Employees Retirement System
CHAPTER 10. PUBLIC EMPLOYEES RETIREMENT SYSTEM
[OAR Docket #26-457]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
590:10-1-2. Subsequent ineligibilityContinued participation after initial eligibility [AMENDED]
590:10-1-3. Authorized member signaturesignatures [AMENDED]
Subchapter 7. Retirement Benefits
590:10-7-9. Fractional year computations [AMENDED]
Subchapter 9. Survivors and Beneficiaries
590:10-9-2. Death benefit payment [AMENDED]
Subchapter 11. Transported and State Portable Service Credit
590:10-11-1. Transported service credit [AMENDED]
590:10-11-3. Member's entry date [AMENDED]
590:10-11-4. Use of transported service [AMENDED]
590:10-11-9. State portable service credit [AMENDED]
AUTHORITY:
Oklahoma Public Employees Retirement System Board of Trustees; 74 O.S. Section 909
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
August 22, 2025
COMMENT PERIOD:
September 15, 2025 through October 22, 2025
PUBLIC HEARING:
October 23, 2025
ADOPTION:
October 23, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
October 24, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The amendment to 590:10-1-2 provides clarity on member participation after initial eligibility. The amendment 590:10-1-3 clarifies signature requirements on OPERS forms. The amendment to 590:10-7-9 updates existing language on member service rounding and revises a date to be consistent with state statute. The amendment to 590:10-9-2 modifies the payment procedures for OPERS Death Benefits to beneficiaries and funeral homes due to changes in state statute. The amendments to 590:10-11-1 and 590:10-11-9 update statutory citations and the amendments to 590:10-11-3 and 590:10-11-4 clarify the applicability of the Teacher’s Retirement System entry date when transporting or transferring service to OPERS.
CONTACT PERSON:
Andrea Unruh, Deputy General Counsel, Oklahoma Public Employees Retirement System,
5400 N. Grand Boulevard, Suite 400, Oklahoma City, Oklahoma 73112, 405-858-6788
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
590:10-1-2. Subsequent ineligibilityContinued participation after initial eligibility [AMENDED]
Members who have been declared eligible to participate in the Oklahoma Public Employees Retirement System, but subsequently fall below the level of initial eligibility for a new member as defined in 74 O.S. §902, shall continue to participate in the System. This includes, but is not limited to, members who reduce to part-time, seasonal, or temporary employment status or who separate employment and return to a part-time, seasonal, or temporary position. This rule is applicable to any plan or account managed or administered by the Board.
590:10-1-3. Authorized member signaturesignatures [AMENDED]
(a) Member Signature. No person may act on behalf of the member, joint annuintant, surviving spouse, alternate payee, or beneficiary except as provided herein. A Only the signature other than that of the member, joint annuitant, surviving spouse, alternate payee, or beneficiary will not be accepted on System forms, applications or requests for confidential information unless documents requiring a signature unless the individual signing on behalf of the member, joint annuintant, surviving spouse, alternate payee, or beneficiary presents a power of attorney, papers of guardianship or conservatorship Letters of Guardianship or Conservatorship, or a legal other valid court order. No person may act on behalf of the member, joint annuitant or beneficiary including a spouse or parent, except as provided herein.
(b) Powers of Attorney. The System will may accept documents signed by an authorized agent or attorney-in-fact, pursuant to a durable or statutory power of attorney. The power of attorney must be in substantial compliance with Oklahoma law and/or the Oklahoma Uniform Durable Power of Attorney Act., must contain the statutorily prescribed language and/or witnesses and must be filed with andPowers of attorney for use with the System are accepted approved at the sole discretion of the System. Once a power of attorney is accepted by the System, the principal retains The member, joint annuitant or beneficiary will retain the right to act on their own behalf regarding his or her retirement account. Any Should a conflict in direction or instruction arise between instructions given by the principal the member, joint annuitant or beneficiary and the agent, the System will follow the instructions of the principal. attorney-in-fact shall be resolved in favor of the member, joint annuitant or beneficiary. The right to act under a durable or statutory power of attorney terminates at the death of the principal.
(c) Guardianships and Conservatorships. If a court has appointed a guardian or conservator has been appointed for a member, joint annuitant, surviving spouse, alternate payee, or beneficiary by a court of proper jurisdiction, only the named guardian or conservator can act on behalf of the member, joint annuitant, surviving spouse, alternate payee, or beneficiary. A certified copy of the filed court order of appointment must be filed withprovided to the System and will be effective until it expires, is amended or withdrawn superseded by subsequent court order. The guardian or conservator shall have exclusive authority to act on behalf of the member, joint annuitant, surviving spouse, alternate payee, or beneficiary unless the court instructs otherwise.
(d) Self-Dealing. Any person authorized to act on behalf of the member, joint annuitant, surviving spouse, alternate payee, or beneficiary as provided herein is prohibited from self-dealing relating to the benefit, account, or funds of said member, joint annuitant, surviving spouse, alternate payee, or beneficiary. For purposes of this rule, self-dealing consists of means any change or action which alters a previous an existing instruction, or document, or makes an election or selection, either of which would result results in a benefit or pecuniary interest to said the agent attorney-in-fact, guardian, conservator, or custodian or trustee or to the their spouse or descendants children of said attorney-in-fact, guardian, conservator, custodian or trustee absent a court order or provision in a power of attorney specifically permitting such action. or approving such self-dealing issued by a court of proper jurisdiction. For illustrative purposes, an agent attorney-in-fact, operating under a durable power of attorney is prohibited from changing the member's principal's beneficiary designation to themself him or her self and/or prohibited from naming his or her their spouse as the joint annuitant under a retirement option.
(e) Minors. In the event that If a named joint annuitant or beneficiary is younger than eighteen (18) years of age a minor, the System willmay accept documents signed by a guardian person appointed for the minor joint annuitant or beneficiary by a court of proper jurisdiction. If the property belonging to the minor amount payable to the minor is $10,000 or less, the System will may accept documents signed by an authorized parent, relative or custodian pursuant to the Oklahoma Uniform Transfers to Minors Act. The parent, relative or custodian must provide all required forms and documentation for approval at the sole discretion of the System.
(f) Applicability. This rule is applicable to any plan or account managed or administered by the Board.
SUBCHAPTER 7. RETIREMENT BENEFITS
590:10-7-9. Fractional year computations [AMENDED]
(a) Rounding of fractional year. Pursuant to 74 O.S. §913(C), a fractional year of six (6) months or more shall be considered as one (1) year and less than six (6) months shall be disregarded. This round-up provision may be used one time once for credited service of a member to establish the member's benefit of the member. This rule is necessary to prevent the gain or loss of service credit to a member. In no event shall the The rounding up provisions shall not apply if it would result results in a any member receiving an additional year or years of service that the member would not otherwise be entitled to receive.
(b) Rounding for members joining on or after November 1, 2012. Notwithstanding the provisions of subsection (a) of this section, for members Members who join joining the System on or after November 1, 2012, are not rounding of fractional years shall not be permitted to round fractional years pursuant to subsection (a) of this section. The number of years of credited service shall be based on the actual years and months of credited service without rounding up or down. Unused sick leave, as provided for in 74 O.S. §913(B)(7)(a), shall be credited at the same rate but not used to round up to another year. Any additional months of unused sick leave credit shall be added to other service credit without any rounding.
(c) Correctional and probation and parole officers. Pursuant to 74 O.S. §915(A), the computation of retirement benefits of Department of Corrections Correctional and Probation and Parole Officers is 2.25% for certain credit prior to July 1, 1990, and 2.5% for certain credit after July 1, 1990, and 2% for all other credit.
(1) Such members may retire with fractional years of service credit in the 2.25% and the 2.5% categories and the statutes only provide for computation at these rates on full years of service. Due to the fact that only the total credited service can be rounded up, some members may face losing a year of service credit when the fractional years of credit are disregarded.
(2) To prevent such a loss of service credit, the fractional portions of years in the 2.25% and the 2.5% categories will be added to the years of credit used in the 2% category and rounded up therein, if applicable. If a member still loses a year of service credit after adding the fractional years to the 2% category, the fractional years may be added to the 2.25% category and rounded up therein, if applicable.
(d) Hazardous Duty Members. Hazardous Duty Members duty members who elect to participate or are required to participate participating at the higher employee contribution rate will receive retirement benefits at the 2.5% category only on full years of service as Hazardous Duty Members hazardous duty members for which the higher contributions have been paid. The fractional portions of years in the 2.5% category will be added to any other service credit, calculated in the 2% category and rounded up therein, if applicable, for the computation of the retirement benefit.
(e) Elected officials.
(1) If first elected or appointed prior to November 1, 2011, elected officials who do not participate in an elected status for at least six (6) full years will receive retirement benefits on the years and months of elected service instead of full years. The benefit shall be calculated using the computation factor corresponding to the contribution rate the official paid during those years and months of elected service and on the highest annual salary earned as an elected official. Non-elected service credit will be calculated using the applicable computation factor. The elected and non-elected service shall be added to determine the total credited service. If this total results in a fractional year of six (6) months or more, it shall be considered as one year, and less than six (6) months shall be disregarded. The years and months of elected service shall then be deducted from the total credited service and the remaining balance of service shall be calculated using the applicable non-elected service computation factor.
(2) If first elected or appointed on or after November 1, 2011, elected officials who do not participate in an elected status for at least eight (8) full years will receive retirement benefits on the years and months of elected service instead of full years. The contribution rate for such officials shall be as specified in 74 O.S. §919.1(1)(a) and the amount of the benefit shall be based on the provisions of 74 O.S. §915(A)(1).
(f) Elected officials participating at more than one rate. Elected officials who participate at more than one contribution rate during their elected service will receive retirement benefits calculated using (1) the computation factor assigned for each contribution rate paid and (2) the highest annual salary for which that particular contribution rate was paid for each full year of elected service credit. Fractional years of elected service credit will be added to the years of elected service for which the highest contribution rate was paid and rounded up therein, if applicable, for the computation of the retirement benefit.
(g) Rounding for elected officials joining System on or after November 1, 20112012. Elected officials who are first elected or appointed on or after November 1, 2011 2012, rounding of fractional years shall not be permitted. The number of years of credited service shall be based on the actual years and months of credited service without rounding up or down.
SUBCHAPTER 9. SURVIVORS AND BENEFICIARIES
590:10-9-2. Death benefit payment [AMENDED]
(a) Payment of benefit. The four thousand dollars ($4,000) death benefit payment, available for any retired member who died on or after July 20, 1987, shall be payable to the beneficiary listed by the member on the form provided by the System or, if none, pursuant to 74 O.S. §916.1 and 590:10-9-4. to the member's estate. This beneficiary designation is not affected by any designation of joint-annuitant, deferred compensation beneficiary or insurance beneficiary, unless otherwise specifically designated in writing by member. For any retired member who died on or after July 1, 1999, the death benefit amount shall be five thousand dollars ($5,000).
(b) Assignment of benefit Funeral homes. The beneficiary or beneficiaries, or if none the member's estate or the heirs of the member in the case of a probate waiver, may disclaim, on the form provided by the System, assign the death benefit to a person licensed as a funeral director or to a lawfully recognized business entity licensed as required by law to provide funeral services for the deceased member.
SUBCHAPTER 11. TRANSPORTED AND STATE PORTABLE SERVICE CREDIT
590:10-11-1. Transported service credit [AMENDED]
590:10-11-3. Member's entry date [AMENDED]
If a member has transported transports service from Teachers' Retirement System, the member's OPERS entry date for purposes of eligibility for retirement, vesting, or determination of the amount and type of retirement benefit shall be the earlier of the OPERS or Teachers' Retirement System entry date. A Teachers' Retirement System entry date prior to November 1, 2015, cannot be used to qualify a member for initial OPERS eligibility. into OPERS shall be replaced with the entry date in Teachers' if that date is earlier.
590:10-11-4. Use of transported service [AMENDED]
(a) Transported service cannot be used to satisfy the requirement for full-time-equivalent employment with a an OPERS participating employer service requirement. However, in any case where such when full-time-equivalent service was transported to the Teachers' Retirement System and is later subsequently transported back to OPERS, such service may be deemed to satisfy the full-time-equivalent employment requirement.
(b) Transported service may be used to determine eligibility for retirement, or vesting, purposes and to determine determination of the amount and type of retirement benefit.
590:10-11-9. State portable service credit [AMENDED]
State portable service is anyAll service that is credited to a member pursuant to 74 O.S. §913(H) or 70 O.S. §17-116.2(P).74 O.S. Section 913 (H.) or transferred out of OPERS pursuant to 70 O.S. Section 17-116.2 (Q.) shall be called state portable service. Such transferred portable service shall be governed by those statutory provisions and the rules contained in this subchapter.
[OAR Docket #26-457; filed 6-2-26]
TITLE 605. Oklahoma Real Estate Commission
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-497]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
605:1-1-4. Operational procedures [AMENDED]
AUTHORITY:
Oklahoma Real Estate Commission; 59 O.S. § 858-208
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 7, 2025
COMMENT PERIOD:
November 3, 2025 through December 5, 2025
PUBLIC HEARING:
December 10, 2025
ADOPTION:
December 10, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
November 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to Subchapter 1 clarify the processes when a petition for declaratory ruling is filed and expands the Contract Forms Committee from thirteen (13) to fifteen (15) members.
CONTACT PERSON:
Arden Nerius, General Counsel, 405-522-8543, arden.nerius@orec.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF NOVEMBER 1, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
605:1-1-4. Operational procedures [AMENDED]
(a) Organization. The organization of the Commission is declared to be that as enumerated in Sections 858-201 through 858-204 of the heretofore described Code.
(b) Operational procedures. The general course and method of operation shall be as hereinafter specified in overall provisions of the rules of this Title.
(c) Open Records Act. In conformance with Title 51, Section 24 A.1., et seq, Oklahoma Statutes, 1985, titled "Oklahoma Open Records Act" all open records of the Real Estate Commission may be inspected and copied in accordance with procedures, policies, and fee as required by the Commission. The Commission shall charge the following:
(1) A fee of $.25 for each xerographic copy or micrographic image.
(2) A fee of $1.00 for each copy to be certified.
(3) A fee of $10.00 per hour for a record or file search.
(4) A fee of Fifty Dollars ($50.00) per extract for License Data extract.
(5) A fee of Twenty-Five Dollars ($25.00) every three (3) months for an Examinee Data extract.
(6) A fee of no more than Seven Dollars and Fifty Cents ($7.50) for a convenience fee for any electronic/on-line transaction.
(d) Petition for promulgation, amendment or repeal of any rule. Any person may petition the Commission in writing requesting a promulgation, amendment or repeal of any rule.
(1) The petition must be in writing in business letter form or in the form of petitions used in civil cases in this State, and shall contain an explanation and the implications of the request and shall be:
(A) Signed by the person filing the petition and be filed with the Secretary-Treasurer of the Commission.
(B) Submitted to the Commission at least thirty (30) days prior to a regular meeting.
(C) Considered by the Commission at its first meeting following such thirty (30) days.
(D) Scheduled for a public hearing before the Commission within sixty (60) days after being considered by the Commission in a regular meeting.
(2) Within sixty (60) days after the public hearing, the Commission shall either grant or deny the petition. If the petition is granted, the Commission shall immediately begin the procedure for the promulgation, amendment or repeal of any rule pursuant to Title 75 O.S. 303.
(3) If the petition is denied the parties retain their rights under 75 O.S. Sec. 318, to proper Judicial Review.
(e) Petition for declaratory ruling of any rule or order.
(1) Submission. Any person may petition the Commission for a declaratory ruling as authorized bypursuant to Section 307 of Title 75 of the Oklahoma Statutes as to the applicability of any rule or order of the Commission. Such petition shall:
(A) be in writing;
(B) be signed by the person seeking the ruling;
(C) state with specificity the rule or order involved;
(D) contain a brief statement of facts to which the ruling shall apply; and
(E) if known and available to petitioner, include citations of legal authority in support of such views.
(2) The Commission shall have at least thirty (30) days to review the petition. Following the review period, the Commission shall consider the petition at its next meeting.
(2) Review and Disposition. The Commission shall have at least thirty (30) days to review the petition. Following the review period, the Commission shall preliminarily consider the petition at its next regularly scheduled meeting and may:
(A) Issue a declaratory ruling on the merits;
(B) Refuse to issue a declaratory ruling in accordance with subsection (3); or
(C) Continue consideration of the petition to a subsequent meeting if additional information, analysis, or deliberation is required.
(3) The Commission may compel the production of testimony and evidence necessary to make its declaratory ruling.
(3) Grounds for Refusal. The Commission may, in its discretion, refuse to issue a declaratory ruling if it determines that any of the following apply:
(A) the petition concerns a matter outside the Commission’s jurisdiction.
(B) the issue raised is hypothetical, speculative, or not ripe for decision.
(C) the petition seeks resolution of disputed facts not appropriate for a declaratory ruling.
(D) facts are insufficient or unclear to make an effective ruling.
(E) the petition is duplicative of another proceeding or ruling; or
(F) issuance of a declaratory ruling would not serve the public interest.
(4) Declaratory rulings shall be available for review by the public at the Commission office.
(4) Testimony and Evidence. The Commission may compel the production of testimony and evidence necessary to make its declaratory ruling.
(5) Judicial Review. A declaratory ruling, or refusal to issue such ruling, shall constitute final agency action and shall be subject to judicial review pursuant to Section 317 – 323 of Title 75 of the Oklahoma Statutes.
(f) Contract Forms Committee.
(1) The Contract Forms Committee is required to draft and revise real estate purchase and/or lease contracts and any related addenda for standardization and use by real estate licensees (Title 59 O.S. 858-208 {14}).
(2) The committee shall consist of thirteen (13)fifteen (15) members. Five (5) members shall be appointed by the Oklahoma Real Estate Commission; three (3) members shall be appointed by the Oklahoma Bar Association; and five (5) members shall be appointed by the Oklahoma Association of Realtors, Incorporated.; one (1) member shall be appointed by the Oklahoma Land and Title Association; and one (1) member shall be appointed by the Mortgage Bankers Association.
(3) Terms shall be for three (3) years and each member shall serve until their term expires and their successor has been appointed. Any vacancy which may occur in the membership of the committee shall be filled by the appropriate appointing entity.
(4) A member can be removed for just cause by the committee or by quorum vote of Commissioners.
(5) Each member of the committee shall be entitled to receive travel expenses essential to the performance of the duties of his appointment, as provided in the State Travel Reimbursement Act.
(6) Each member of the committee who satisfies the minimum participation requirements shall be entitled to receive continuing education credit for the following courses:
(A) Contracts
(B) Code and Rules
(g) Oklahoma Education and Recovery Fund. If a special levy is assessed on licensees as outlined in Title 59 O.S. 858-604 (E), the levy must be paid within sixty (60) days of assessment or the license will be placed on inactive status and shall not be placed on active status until the levy is paid.
[OAR Docket #26-497; filed 6-4-26]
TITLE 605. Oklahoma Real Estate Commission
CHAPTER 10. REQUIREMENTS, STANDARDS, AND PROCEDURES
[OAR Docket #26-491]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 5. Instructor and Entity Requirements and Standards
605:10-5-3. Standards for Commission approved real estate courses [AMENDED]
AUTHORITY:
Oklahoma Real Estate Commission; 59 O.S., § 858-208
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 7, 2025
COMMENT PERIOD:
November 3, 2025 through December 5, 2025
PUBLIC HEARING:
December 10, 2025
ADOPTION:
December 10, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
November 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to Subchapter 5 consolidates the process for pre-license and post-license course and instructor applications and course standards; and outlines requirements for approved course instructors and service provided to enrolled students.
CONTACT PERSON:
Arden Nerius, General Counsel, 405-522-8543, arden.nerius@orec.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF NOVEMBER 1, 2026:
SUBCHAPTER 5. INSTRUCTOR AND ENTITY REQUIREMENTS AND STANDARDS
605:10-5-3. Standards for Commission approved real estate courses [AMENDED]
(a) Approved instructor. Each course offering shall be conducted by a Commission approved instructor. The instructor shall be available during normal business hours as posted by the instructor to answer questions about the course material, address inquiries related to course content, and provide academic support and assistance as necessary. Instructors must respond to questions and other communications from enrolled students within a reasonable period of time.
(b) Student must attend in-class instruction or complete all modules required for distance education instruction. In order for an entity to certify a student as passing an approved course the student must either:
(1) attend the required number of hours of in-class instruction; or
(2) complete all instructional modules required for distance education instruction; or
(3) attend the required number of hours of in-class instruction and complete all instructional modules required for courses utilizing both in-class instruction and distance education instruction.
(c) Student must successfully complete a prelicense, postlicense or distance education course offering examination. In order for an entity to certify a student as passing an approved prelicense, postlicense or distance education course, the student must successfully complete an examination covering the contents of the course material.
(d) Student transfers. Except with the prior approval of the Commission, a student transferring from one course to another may not count any portion of the student's attendance or work in the former course toward passing the course. A student who enrolls in an entity which offers a Commission approved course may not transfer credit for a course or courses completed in that series to another entity unless the receiving entity offers the identical series of courses and the receiving entity agrees to accept and examine said student throughout successful completion.
(e) Course examinations. Each approved prelicense provisional sales associate course and postlicense course offering shall conclude with an end-of-course examination consisting of no less than one hundred and fifty (150) questions administered by the approved entity. Each approved prelicense broker course shall conclude with an end-of-course examination consisting of no less than two hundred (200) questions administered by the approved entity. Each approved distance continuing education course offering shall conclude with an end-of-course examination consisting of no less than seven (7) questions for each clock hour. End-of-course examination questions may not be the same as any previously used questions covering the respective course content.
(f) Successful completion. In order for a student to successfully complete a prelicense, postlicense or distance education course, the entity must require that the student complete all class material and/or modules and achieve a passing score of at least seventy five percent (75%) on the entity's final examination. An entity shall require the student to complete sufficient material or modules to ensure mastery of the course offering, and shall require the student to complete the end-of-course examination. An entity may allow any student who fails to achieve a passing score the opportunity to take another examination without repeating instruction.
(g) Grading standards. In order for an entity to certify a student as passing an approved course, the student must meet the minimum grading standards established by this Section and the entity. On graded examinations for which this Section sets specific requirements, the entity's policy shall at least equal those requirements as listed in this Section. Other grading standards shall be in accordance with generally accepted educational standards. An entity shall publish grading standards and give them to a student in a written form at the beginning of the course.
(h) Commission may impose sanction. The Commission may impose any sanction permitted by law or Rules of the Commission on the approval of any entity, director and/or instructor which fails to provide proper security for their course evaluation or examination and for failing to comply with standards as set out in this Chapter.
(i) Additional distance education course requirements.
(1) Each course shall contain suitable learning objectives.
(2) Overview statements must be included for each course providing a quick preview of what is contained in the offering.
(3) A complete set of questions and an answer key must be provided to the Commission with each course application. An answer key may not be included in any course materials provided to the student.
(4) From the date of enrollment, the course shall have a validity period of six (6) months in which to allow successful completion to be attained.
(5) Entities must include information with the course material that clearly informs the student of the completion time frame, passing and examination requirements, and any other relevant information necessary to complete the course.
(6) Each course must include a statement that the information presented in the course should not be used as a substitute for competent legal advice.
(7) Course offerings must be sufficient in scope and content to justify the hours requested for approval.
(j) Each entity shall promote the Basic Course of Real Estate as Part I of a two part series and the Provisional Postlicense Course of Real Estate as Part II of that series.
(k) All materials that are distributed to students in any class must be current and up-to-date with the License Code and Rules and state or federal laws.[OAR Docket #26-491; filed 6-3-26]
TITLE 605. Oklahoma Real Estate Commission
CHAPTER 10. REQUIREMENTS, STANDARDS, AND PROCEDURES
[OAR Docket #26-496]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Education and Examination Requirements
605:10-3-2. Application for license [AMENDED]
605:10-3-6. Continuing education requirement [AMENDED]
Subchapter 5. Instructor and Entity Requirements and Standards
605:10-5-1. Approval of pre-license coursePre-license and post-license requirements [AMENDED]
605:10-5-1.1. Approval of a post-license course [REVOKED]
Subchapter 7. Licensing Procedures and Options
605:10-7-2. License terms and fees; renewals; reinstatements [AMENDED]
605:10-7-8. Business Entity licensing procedures and requirements of good standing [AMENDED]
605:10-7-10. Resident applicants currently or previously licensed in other jurisdictions [AMENDED]
Subchapter 9. Broker's Operational Procedures
605:10-9-1. Place of business and broker requirements [AMENDED]
605:10-9-4. Advertising [AMENDED]
Appendix A. Residential Property Condition Disclosure Statement [AMENDED]
AUTHORITY:
Oklahoma Real Estate Commission; 59 O.S. § 858-208
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 7, 2025
COMMENT PERIOD:
November 3, 2025 through December 5, 2025
PUBLIC HEARING:
December 10, 2025
ADOPTION:
December 10, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
November 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to Subchapter 3 clarify continuing education requirements for deed theft as required under 59 O.S., § 858-307.2 and removes unnecessary language for new license applicants. The proposed amendments to Subchapter 7 removes unnecessary language, clarifies the approval process for business entity applications, and clarifies the number of pre-requisite course hours for out-of-state license applicants. The proposed amendments to Subchapter 9 clarifies that a broker is responsible for any licensable activities performed by virtual and remote assistants and any software based tools, clarifies when license disclosure is required, and clarifies that a team member cannot hold themselves out as owner of a real estate brokerage. The proposed amendment to Appendix A updates the Residential Property Condition Disclosure Statement to the most recent form version.
CONTACT PERSON:
Arden Nerius, General Counsel, 405-522-8543, arden.nerius@orec.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF NOVEMBER 1, 2026:
SUBCHAPTER 3. EDUCATION AND EXAMINATION REQUIREMENTS
605:10-3-2. Application for license [AMENDED]
(a) Requirements for completing application.
(1) Any personapplicant seeking a real estate license shall makesubmit an application for such license on a form forms provided by the Commission. The form shall contain, but not be limited to, the following: Applicants must complete all questions and provide any information or documentation the Commission requires. The Commission may amend or update application forms and required documentation at any time.
(A) Legal name to include first, middle and last name.
(B) Routine biographical information.
(C) License history in Oklahoma and other states.
(D) Criminal and/or civil charges or convictions and judgments.
(E) Compliance with Title 59 O.S. 858.301.1 regarding felony convictions.
(F) Birth date.
(G) Evidence of successful completion of course requirement as specified in the "Code".
(H) If applicable, evidence of transaction experience as specified in the "Code."
(I) If applicable, evidence of successful completion of the Broker in Charge course.
(J) A sworn statement as to accuracy of the application information.
(K) Documentation required for compliance necessary to verify citizenship, qualified alien status, and eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(L) Social security number, pursuant to Title 56, Oklahoma Statutes, Section 240.21A.
(M) Submit to a national criminal history record check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes. A fee amount, as specified on the Commission website and application for licensure, shall be sent to the Commission to begin the process of the national criminal history check. A completed national criminal history record check, completed for the Commission, shall be valid for six (6) months from the date of issuance from the issuing authority.
(2) An applicant indicating criminal and/or civil charges or convictions on the application, must submit with the application official documents to the Commission which pertain to the disposition of the matter. If official documents are unable to be obtained, a detailed letter explaining the matter(s) must be attached to the application.
(b) Applicant shall appear for examination. Each applicant shall appear for an examination as soon as possible subsequent to the filing of an approved application or the signing of a form as required in 605:10-3-3. Each applicant shall allow a photograph to be taken of them at the time they take their real estate examination.
(c) Application Fee. A one-time application processing fee of Thirty Five Dollars ($35.00) shall accompany all applications for original licensure.
605:10-3-6. Continuing education requirement [AMENDED]
(a) Definition. Continuing education shall be defined as any real estate oriented education course or equivalent, hereinafter called offering(s) intended:
(1) To improve the knowledge of licensees.
(2) To keep licensees abreast of changing real estate practices and laws.
(3) To help licensees meet the statutory requirements for license renewal.
(b) Purpose. The purpose of continuing education is to provide an educational program through which real estate licensees can continually become more competent and remain qualified to engage in real estate activities for which they are licensed. Such activities involve facts and concepts about which licensees must be knowledgeable in order to safely and confidently conduct real estate negotiations and transactions in the public's best interest.
(c) Goals. The goals of continuing education are:
(1) To provide licensees with opportunity for obtaining necessary current information and knowledge which will enable them to conduct real estate negotiations and transactions in a legal and professional manner in order to better protect public interest.
(2) To assure that the licensees are provided with current information regarding new and/or changing laws and regulations which affect the real estate business.
(3) To ensure that the consumers interest is protected from unknowledgeable licensees.
(d) Objectives. The objectives of continued education are as follows:
(1) For licensees to expand and enhance their knowledge and expertise so as to be continually effective, competent, and ethical as they practice real estate.
(2) For licensees to review and update their knowledge of federal, state and local laws and regulations which affect real estate practices.
(e) Entities allowed to seek approval. The Commission may approve and/or accept any offering provided by an entity which meets the purposes, goals, and objectives of the continuing education requirement. The Commission may accept the following offerings as proof of meeting the continuing education requirement:
(1) Any offering which is approved and presented by those entities enumerated in paragraph B, of 858- 307.2 of the "Code".
(2) Any offering in real estate, or directly related area, approved and/or accepted by the real estate regulatory agency in another state; provided such offering is not excluded elsewhere in this Chapter.
(3) Any offering in real estate, or directly related area, not accepted in paragraphs (1) or (2) of this subsection, which the Commission determines to be in compliance with the rules of this Chapter.
(4) Completion of an approved ninety (90) hour prelicense broker course or an approved forty-five (45) hour provisional sales associate postlicense course, or its respective equivalent as determined by the Commission shall suffice for thirty (30) hours of continuing education credit for a licensee. An individual segment of an approved prelicense broker course or an approved provisional sales associate postlicense course shall suffice for continuing education credit provided such individual segment has also been separately approved for continuing education credit.
(f) Ineligible courses.
(1) The following offerings will not be considered by the Commission to meet continuing education requirements:
(A) General training or education not directly related to real estate or real estate practices.
(B) Offerings in mechanical office and business skills such as typing, speed reading, memory improvement, report writing, and personal motivation that is not directly related to real estate.
(C) Sales promotion or other meetings held in conjunction with the general real estate brokerage business.
(D) Meetings which are a normal part of in-house training.
(E) That portion of any offering devoted to breakfast, luncheon, dinner, or other refreshments.
(F) Prelicense general training and education to obtain a provisional sales associate or sales associate license or license examination refresher courses for provisional sales associate/sales associate or broker.
(2) The list in (1) of this subsection does not limit the Commission's authority to disapprove any offering which fails to meet the adopted purposes, goals and objectives.
(g) Licensee responsible for notification to Commission. Each licensee shall ultimately be responsible for furnishing evidence of successfully completing the continuing education requirements for license renewal, activation, or reinstatement, to the Commission as set forth elsewhere in this Chapter. Each licensee shall present to the Commission evidence of completion of a minimum of thirty (30) clock hours of continuing education offerings acceptable by the Commission. As evidence of completing the requirement, each licensee shall present:
(1) A certificate, and/or documents, statements and forms, as may reasonably be required by the Commission, or
(2) A certified transcript; provided, however, if such offering is taken as an accredited C.E.U. (Continuing Education Unit) a certificate may be accepted in lieu of the transcript.
(h) Attendance and successful completion required for credit. To complete any offering, a person must physically be present in-class during all of the in-class offering time and successfully complete all course requirements.
(i) Successful completion of materials and examination required for distance education credit. To complete a distance education course offering, a person must successfully complete all course requirements to include all modules and an examination.
(j) Course limitations.
(1) A particular course offering may not be taken for continuing education credit more than once from the same entity and/or instructor during a renewal period.
(2) Educational courses taken for disciplinary reasons shall not count towards the normal continuing education requirements for licensees.
(k) Required number of continuing education hours. The required number of continuing education hours for a licensee shall be as follows:
(1) As a condition of a license activation or active reinstatement, each licensee, with the exception of those exempt as set out in Title 59, 858-307.2, shall provide evidence of completion of thirty (30) clock hours of Commission approved subject matter, or its equivalent, as determined by the Commission. Such hours shall be taken in the same license term for which the license is to be issued, with the exception of a licensee whose hours were not used in the preceding license term. In that case, the hours taken in the preceding license term shall count towards an applicable license activation or active reinstatement.
(2) Each licensee shall complete a minimum of thirteen (13) hours of required subject matter consisting of no less than six (6) hours of Contracts and Forms, three (3) hours in Professional Conduct, and one (1) hour in Broker Relationships Act, Fair Housing, Code and Rules, and Hot Topics/Current IssuesDeed Theft. The remaining seventeen (17) hours of required education may consist of elective subject matter as approved by the Commission.
(3) Any licenseeSales Associates and Broker Associates may complete the Broker in Charge course as approved by the Commission consisting of fifteen (15) clock hours to satisfy elective subject matter hours only and shall not apply the course toward any required subject matter hours.in lieu of the required subject matter, except for required Contracts education.
(4) All Brokers shall be required to successfully complete the Broker in Charge course consisting of fifteen (15) clock hours, or its equivalent, as approved by the Commission. In addition, to satisfy the continuing education requirement of thirty (30) clock hours, all Brokers shall complete at least six (6) hours of Contracts and Forms education and one (1) hour of Deed Theft education. The remaining nine (9)eight (8) clock hours of required education may consist of elective subject matter as approved by the Commission.
(5) Any broker that lapsed or renewed inactive in their previous license term or current license term who applies for reinstatement or activation must complete the following prior to their license being reinstated or reactivating:
(A) the Broker in Charge course;
(B) six (6) hours of Contracts and Forms education;
(C) nine (9) hours of elective courses
SUBCHAPTER 5. INSTRUCTOR AND ENTITY REQUIREMENTS AND STANDARDS
605:10-5-1. Approval of pre-license coursePre-license and post-license requirements [AMENDED]
(a) Application and approval. Any person or entity seeking to offer a pre-license or post-license course shall apply on Commission forms and submit all information the Commission requires, including the name, author, publisher of the primary textbook, and a syllabus consistent with OAC 605:10-3-1 (pre-license) or OAC 605:10-3-7 (post-license). The application fee is Five Hundred Dollars ($500) for pre-license courses and Two Hundred Fifty Dollars ($250) for post-license courses.
(b) Denials; fees; appeals. Application fees are nonrefundable. A denial may be appealed by written request for hearing under OAC 605:10-1-3.
(c) Course offering and provider updates. Approval lapses if the approved course is not conducted within thirty-six (36) months; the provider must reapply as an original applicant. If the course is offered in the name of a business entity, the application shall include the names and addresses of all directors and officers. Approved entities shall promptly report any changes to previously submitted information.
(d) Advertising. A course shall not be advertised as approved before Commission approval is granted. A provider shall not advertise that a course or provider is endorsed or recommended by the Commission, but may state that a course has been approved by the Commission.
(e) Instructor approvals.
(1) Application. Instructor applicants shall submit the required application, a Two Hundred Dollar ($200) fee, and documentation necessary to verify citizenship or qualified status under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(2) Pre-license instructor qualifications. An applicant shall demonstrate one of the following:
(A) a bachelor’s degree with a major in real estate from an accredited college or university;
(B) a bachelor’s degree from an accredited college or university and at least two (2) years of applicable active experience within the previous ten (10) years as a real estate broker or sales associate;
(C) an Oklahoma real estate broker or sales associate license with at least five (5) years of applicable active experience within the previous ten (10) years and proof of high-school education or GED equivalent; or
(D) an equivalent combination of education and applicable broker/sales associate experience, as determined by the Commission.
(3) Pre-license instructor examination. Final approval may be granted after the applicant pays the examination fee and achieves a score of at least eighty percent (80%) on the applicable examination. A passing score of at least eighty percent (80%) on the applicable license examination taken within thirty (30) days before filing the instructor application may satisfy this requirement.
(4) Post-license instructor qualifications. An applicant shall demonstrate one of the following:
(A) a bachelor’s degree in a related field;
(B) a valid teaching credential or certificate authorizing instruction in an applicable field;
(C) five (5) years of full-time experience within the previous ten (10) years in a profession, trade, or technical occupation in the applicable field of instruction;
(D) an equivalent combination of education and/or experience in a related field, as determined by the Commission.
(f) Instructor renewal. Instructor approval expires thirty-six (36) months after issuance. To renew, an instructor shall submit a One Hundred Dollar ($100) fee and, at the instructor’s election, either: (1) successfully complete an annual Instructor Development Workshop, (2) successfully complete a Code and Rule Update Class, or (3) pass the applicable sales or broker examination with a score of at least eighty percent (80%). The Commission shall publish workshop and class dates on its website.
(g) Guest instructors. Guest instructors may be used if an approved instructor is present during the presentation. Guest instruction shall not exceed thirty percent (30%) of total course time.
(h) Delivery, records, certificates, audits, reporting, and clock hours.
(1) An approved instructor shall be present in the same room during all in-person instruction for students to receive credit.
(2) Providers shall maintain enrollment records and roll sheets, including hours completed by each student, for five (5) years.
(3) Each student who successfully completes an approved course shall receive a certificate of completion. The Commission will accept a certified transcript or a Commission-prescribed course completion certificate.
(4) A duly authorized designee of the Commission may audit any offering and inspect records at any time during the presentation or during reasonable office hours, or the provider may be required to furnish records to the Commission.
(5) No more than one clock hour may be credited within any sixty (60) minute period, and no more than ten (10) minutes per hour may be used for breaks.
(i) Facilities. Classroom facilities shall provide adequate lighting, seating, and technology to meet student needs and must be free of distractions and noise.
(j) Disciplinary action. After notice and hearing before the Commission or a Hearing Examiner, the Commission may withdraw or discipline a course, provider, director, and/or instructor for: suspension or revocation of a director’s real estate license (in which case the course approval is automatically revoked); suspension or revocation of an instructor’s real estate license; failure to comply with the License Code or this Chapter; falsification of records or applications; false or misleading advertising; or other improper conduct the Commission determines unacceptable.
(k) Course renewal. Course approval expires thirty-six (36) months after issuance. To renew, a provider shall submit all proposed course materials and the renewal fee of One Hundred Dollars ($100) for pre-license courses or Fifty Dollars ($50) for post-license courses.
(l) Pre-license notices. Each pre-license provider shall post or provide a notice that is easily observed by prospective enrollees and that includes at least the following language:
(1) “Applicants convicted of crimes referenced in 59 O.S. Section 858-301.1 or 858-4000.1 may be ineligible to obtain an Oklahoma Real Estate License for a predetermined number of years. For clarification, please contact the Commission and/or review the cited section of law as referenced herein. The Commission will allow the applicant to seek preapproval prior to enrolling in a pre-license course.”
(2) “Applicants who are not permanent U.S. citizens should review their eligibility to obtain a real estate license on the Commission’s website prior to enrolling in pre-license education.”
605:10-5-1.1. Approval of a post-license course [REVOKED]
SUBCHAPTER 7. LICENSING PROCEDURES AND OPTIONS
605:10-7-2. License terms and fees; renewals; reinstatements [AMENDED]
(a) License term and fees. Each original license issued under the Code shall be issued to expire at the end of the thirty-sixth (36) month including the month of issuance. Each original provisional sales associate license issued under the Code shall be issued to expire at the end of the twelfth (12th) month including the month of issuance. Fees are non-refundable and are as follows:
(1) For an original broker license and each subsequent license renewal, to include corporations, associations, limited liability companies or partnerships, the fee shall be Two Hundred and Eighty Dollars ($280.00). For an original sole proprietor broker license and each subsequent license renewal, the fee shall be Four Hundred Dollars ($400.00).
(2) For an inactive original broker license and each subsequent inactive license renewal, with the exception of corporations, associations or partnerships, the fee shall be One Hundred and Sixty 40 605:10-7-11. Applicant Criminal History Dollars ($160.00). In order to activate a license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Sixty Five Dollars ($165.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.
(3) For an original broker associate license and each subsequent license renewal, the fee shall be Two Hundred and Forty Five Dollars ($245.00).
(4) For an inactive original broker associate license and each subsequent inactive license renewal, the fee shall be One Hundred and Fifty Dollars ($150.00). In order to activate a license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Fifty Five Dollars ($155.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.
(5) For an active original sales associate license and each subsequent active license renewal the fee shall be Two Hundred Dollars ($200.00).
(6) For an inactive original sales associate license and each subsequent inactive license renewal the fee shall be One Hundred and Twenty Five Dollars ($125.00). In order to activate a sales associate license that was renewed inactive in the same license term, the licensee shall pay One Hundred and Thirty Five Dollars ($135.00). Thereafter, any future request to activate in the same license term shall be in accordance with Rule 605:10-7-4.
(7) For an original provisional sales associate license that is non-renewable the fee shall be Ninety Five Dollars ($95.00).
(8) For an original branch office license and each subsequent license renewal the fee shall be One Hundred and Seventy Dollars ($170.00).
(9) For each duplicate license or pocket card, where the original is lost or destroyed, and a written request is made, a fee of Seven Dollars and fifty cents ($7.50) shall be charged.
(10) The Twenty Dollar ($20.00) Education and Recovery Fund fee, shall be added and payable with the license fee for an original license and for each subsequent license renewal. Exceptions to this rule are: 1) a provisional sales associate fee shall be Fifteen Dollars ($15.00) for their twelve (12) month license term
(b) Terms cannot be altered. Terms shall not be altered except for purposes of general reassignment of terms which might be necessitated for the purpose of maintaining an equitable staggered license term system.
(c) Expiration date. The actual expiration date of a license shall be midnight of the last day of the month of the designated license term. A person who allows their license to expire may be subject to a national criminal history record check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
(d) Actual filing of license renewal. A license shall lapse and terminate if a renewal application and required fees have not been filed with the Commission by midnight of the date on which the license is due to expire.
(e) Reinstatement of license. Any licensee whose license term has expired shall be considered for reinstatement of such license upon payment of an Eighty Dollar ($80.00) reinstatement fee in addition to the license fee(s) for each delinquent license period(s). The following documents and fees must be submitted:
(1) Lapsed less than one year. In the case of a license lapsed less than one year:
(A) License fee.
(B) Reinstatement fee.
(C) Documents as required by the Commission.
(2) Lapsed more than one year but less than three years. In the case of a license lapsed more than one year but less than three years:
(A) License fee.
(B) Reinstatement fee.
(C) National criminal history check.
(D) A completed reinstatement application.
(E) Successful completion of the appropriate licensing examination.
(F) A statement that the applicant has read a current License Code and Rules.
(G) Documents as may be required by the Commission.
(3) Lapsed more than three years. If an application is submitted more than three (3) years subsequent to the most recent year of licensure, the applicant shall be regarded as an original applicant.
(f) Reinstatement of a provisional sales associate license wherein post-license education was completed prior to license expiration date. An applicant who successfully completed the post-license education requirement before their first license expiration date and failed to renew their license on or before such date shall be eligible to reinstate the license as a sales associate according to 605:10-7-2 (e), (1) through (3).
(g) Reinstatement of a provisional sales associate license wherein post-license education was not completed prior to license expiration date. An applicant who has not successfully completed the post-license education requirement prior to the first license expiration date shall not be eligible to reinstate such license and shall apply and qualify as an original applicant.
(h) Reinstatement of revoked license. An applicant may not apply for re-license or reinstatement of license for a minimum of five (5) years from the effective date of license revocation, except for an applicant whose license was automatically revoked pursuant to Sections 858-402 or 858-604 of Title 59, Oklahoma Statutes. Upon the passage of the five (5) year period, the applicant shall be required to comply with the requirements of an original applicant.
(i) Reinstatement of an automatically revoked license. An applicant who has had their license automatically revoked, pursuant to Section 858-402 or 858-604 of Title 59 of the Oklahoma Statutes, shall be required to comply with the requirements of (e) of this section. In addition, reinstatement will not be granted until all outstanding amounts due to the Commission have been paid in full.
(j) Reinstatement of a surrendered or cancelled license. A surrendered or cancelled license applicant may be reinstated provided the applicant has received approval for re-issuance from the Commission. The following forms and fees must be submitted:
(1) Reinstatement with term of license still current. A surrendered or cancelled license applicant whose license term is still current:
(A) Reinstatement fee.
(B) Re-issuance fee equal to the transfer of license fee.
(C) Documents as may be required by the Commission.
(D) Criminal history background check.
(2) Reinstatement with term of license expired. A surrendered or cancelled license applicant whose license term has expired shall be required to comply with the requirements of (e) of this section.
(3) Reinstatement of provisional sales associate with term of license expired. A surrendered or cancelled provisional sales associate whose license term has expired shall be required to comply with the following:
(A) If a provisional sales associate completed the post-license requirement on or before the first license expiration date, the applicant shall be eligible to reinstate the license according to 605:10-7-2 (e), (1) through (2).
(B) If a provisional sales associate did not complete the post-license requirement on or before the first license expiration date, the applicant shall be required to apply and qualify as an original applicant.
(k) Continuing education requirement. Each licensee with the exception of those as listed in Title 59, O.S., Section 858-307.2 (D) seeking renewal of a license must submit evidence that they have completed the continuing education requirements enumerated in Section 858-307.2 of Title 59. An applicant seeking active reinstatement of a lapsed license must submit evidence that all continuing education requirements have been completed for each term in which an active license is requested.
(l) Issuance of license from provisional sales associate to sales associate. A provisional sales associate is required to furnish to the Commission evidence of successful completion of the Provisional Post-license Course of Real Estate, Part II of II education requirement as set forth in Section 858-302 of Title 59, of the Oklahoma Statutes. Upon successful completion of the Provisional Post-license Course of Real Estate, Part II of II education requirement, the provisional sales associate must submit the appropriate document(s) to the Commission prior to the provisional sales associate's license expiration date for issuance of a renewable sales associate license. The Commission shall not issue the provisional sales associate a renewable sales associate license until the provisional sales associate has submitted evidence of successful completion of the forty-five (45) clock hour post-license course requirement and submitted all form(s) and fee(s) as required by the Commission.
(m) Licensee on active duty as a member of the Armed Forces of the United States.
(1) In accordance with Title 59, O.S., Section 4100.6 of the Post-Military Service Occupation, Education and Credentialing Act while a license holder is on active duty the license may be renewed without payment of the license and education and recovery fund fee and meeting the continuing education requirement. Such waiver shall be requested in writing to the Commission prior to license expiration along with evidence of the order for active duty. The license issued pursuant to this rule may be continued as long as the licensee is a member of the Armed Forces of the United States on active duty and for a period of at least one (1) year after discharge from active duty. Upon discharge from active duty and a request for license activation, the licensee shall submit to the Commission evidence of successful completion of the continuing education requirement for the current license renewal term.
(2) If a licensee on active duty does not request such a waiver in writing and the license expires, the applicant may, by written request provide the Commission documentation as required in subparagraph (1) of this subsection; however, no later than one (1) year after discharge from active duty.
(3) In the event a license expires during the events as noted herein, the Commission shall waive the criminal history background check and license examination.
(4) Member of the National Guard or reserve component of the armed forces. In accordance with Title 72, Chapter 1, Section 48.2 Extension and Renewal of Professional Licenses, any licensee whose license expires while on active duty as a member of the National Guard or reserve component of the armed forces shall be extended until no later than one (1) year after the member is discharged from active duty status. Upon the Commission receiving a copy of the official orders calling the member or reservist to active duty and official orders discharging the member or reservist from active duty all licensee fee and continuing education shall be waived for this time period as well as the criminal history background check and license examination.
(n) Reinstatement for corporation, association or partnership.
(1) A corporation, association or partnership that has lapsed for less than three (3) years that wishes to reinstate must submit:
(A) License fee(s).
(B) Reinstatement fee, forms and documents as required by the Commission.
(C) If the corporation or association has been lapsed for more than sixty (60) days, a current "Certification of Good Standing."
(2) Any corporation, association or partnership that has lapsed for more than three (3) years must submit an original application to be considered for licensure.
(o) Reinstatement for branch offices.
(1) A branch office that is lapsed for less than three (3) years that wishes to reinstate must submit:
(A) License fee(s).
(B) Reinstatement fee, forms and documents as required by the Commission
(2) Any branch office that has lapsed for more than three (3) years must submit an original application as a new branch office.
(p) Specific license fees waived for low-income individuals. In accordance with Title 59, Section 4003, any applicant who can present satisfactory evidence of being a low-income individual shall receive a one-time one-year waiver of the licensure fees as outlined in 605:10-7-2 (a). Such waiver shall be prorated for a multi-year license so that the applicant shall only receive a waiver for one year of the applicable license fees. For the purposes of this section, "low-income individual" means an individual who is enrolled in a state or federal public assistance program, or whose household adjusted gross income is below 140% of the federal poverty line or a higher threshold to be set by the executive branch department that oversees business regulation. Satisfactory evidence that the applicant is a low-income individual must be made upon forms provided by the Commission and must be presented upon application for original licensure.605:10-7-8. Business Entity licensing procedures and requirements of good standing [AMENDED]
(a) Broker license requirement. Each corporation,association or other business entity who performs activities which require a real estate license pursuant to Title 59, O.S., Section 858-102 of the License "Code" shall apply as a real estate business entity. Upon approval by the Commission, the corporation, association or other business entity shall be granted a real estate license. In order to obtain a license, the corporation, association or other business entity shall furnish to the satisfaction of the Commission, but not limited to, the following items:
(1) Completed application form(s) and required fee(s).
(2) Verification that the business entity is authorized to transact business as a business entity in the State of Oklahoma and that the business entity is in good standing in the State of Oklahoma.
(3) Business entity must be in compliance with Title 59, O.S., Section 858-312.1 of the License "Code."
(4) Business entity must have a managing corporate broker who holds a separate license as a real estate broker.
(5) The designation of a managing broker shall be established by sworn statement signed by the President of the corporation or authorized member or manager of the association stating the date and place such action was effected.
(6) In the event of the death or disability of the managing broker, or the event of the retirement or cessation of employment for any reason by the managing broker, or the event of the retirement or cessation of employment for any reason by the managing broker, the corporation or association shall be required to appoint a new managing broker and such notice of change must be filed with the Commission no later than thirty (30) days after the occurrence of the event. The notice of change in a managing broker must be accompanied by the appropriate documents as required by the Commission and a Forty Dollar ($40.00) change of status fee.
(b) Business entity and managing broker responsible for acts. The managing broker in conjunction with the corporation, association or business entity is responsible for all acts of the business entity, including the acts of all associates associated with the entity.
(c) Business entity closing requirements or partial ceasing of real estate activities. When a corporation, association or other business entity discontinues a portion of real estate activities or ceases all real estate activities, the business entity is required to comply with the following:
(1) Immediately notify the Commission.
(2) Comply with Section 605:10-13-1(n).
(d) Group change information. Under certain circumstances as determined by the Commission, the Commission may place a cap of Seven Hundred Fifty Dollars ($750.00) on group transactions requesting Licenses to be issued. To qualify, such request must be received complete and require no further correspondence and/or documents except for the issuance of the licenses.
(e) Business entity names. The Commission may deny approval of a business entity or partnership name if it determines the proposed name is too similar to the name of a licensed real estate brokerage entity, trade name, or team name.
605:10-7-10. Resident applicants currently or previously licensed in other jurisdictions [AMENDED]
(a) Requirements. In order to qualify under previously licensed procedures, an applicant must complete and submit all appropriate documents as required by the Commission and furnish evidence that the applicant possesses or has possessed a license in good standing in another jurisdiction. Applications approved for resident applicants currently or previously licensed in other jurisdictions shall be valid for ninety (90) days. The Commission may issue the applicant a license if such previously licensed applicant meets all of the requirements of either paragraphs (1), (2), (3) or (4) of this subsection:
(1) If a nonresident agreement exists between Oklahoma and the jurisdiction in which the applicant qualified for a license, the Commission shall qualify the licensed applicant through the nonresident agreement. .
(A) An applicant applying under this paragraph must complete and submit the following:
(i) Appropriate application(s).
(ii) License certification(s) from the jurisdiction(s) in which the applicant has held or currently holds a license.
(iii) Criminal history background application, fingerprint card and fee.
(iv) Examination fee and successful completion of the state portion of the examination.
(v) Proof of completion of at least one (1) continuing education clock hour in each of the following Oklahoma-specific subjects: Broker Relationships Act, Code and Rule Updates, and six (6) hours of Contracts and Forms.
(B) Upon the Commission granting approval to the applicant for licensure in this jurisdiction, the applicant must complete and submit the appropriate license application form(s) along with license and education and recovery fund fees.
(C) An applicant qualifying under this paragraph will be issued either a sales associate, broker associate or broker license.
(2) If a nonresident agreement does not exist, the applicant shall be required to furnish evidence of two (2) years of active experience respectively as a sales associate or broker out of the previous five (5) years.
(A) An applicant applying under this paragraph must complete and submit the following:
(i) Appropriate application(s).
(ii) License certification(s) from the jurisdiction(s) in which the applicant has held or currently holds a license.
(iii) Criminal history background application, fingerprint card and fee.
(iv) Examination fee and successful completion of the state portion of the examination.
(v) Proof of completion of at least one (1) continuing education clock hour in each of the following Oklahoma-specific subjects: Broker Relationships Act, Contracts and Forms, and Code and Rule Updates, and six (6) hours of Contracts and Forms.
(B) Upon the Commission granting approval to the applicant for licensure in this jurisdiction, the applicant must complete and submit the appropriate license application form(s) along with license and education and recovery fund fees.
(C) An applicant qualifying under this paragraph will be issued either a sales associate, broker associate or broker license.
(3) An applicant who does not possess the required two (2) years active experience out of the previous five (5) years respectively as a sales associate or broker, or an applicant who does not meet all of the requirements of either paragraphs (1) or (2) of this subsection, shall be required to apply as an original applicant for a provisional sales associate license.
(A) An applicant applying under this paragraph must complete and submit the following:
(i) Qualify as an original applicant by submitting appropriate required education and application.
(ii) License certification(s) from the jurisdiction(s) in which the applicant has held or currently holds a license.
(iii) Criminal history background application, fingerprint card and fee.
(iv) Examination fee and successful completion of the entire appropriate examination.
(v) Proof of completion of at least one (1) continuing education clock hour in each of the following Oklahoma-specific subjects: Broker Relationships Act, Code and Rule Updates, and six (6) hours of Contracts and Forms.
(B) Upon the Commission granting approval to the applicant for licensure in this jurisdiction, the applicant must complete and submit the appropriate license application form(s) along with license and education and recovery fund fees.
(C) An applicant qualifying under this paragraph will be issued either a provisional sales associate, broker associate or broker license.
(4) In accordance with Title 59, O.S., Section 4100.4 of the Post-Military Service Occupation, Education and Credentialing Act, the Commission shall, upon satisfactory evidence of equivalent education, training and experience by an applicant for licensure, accept the education, training and experience completed by the applicant as a member of the Armed Forces or Reserves of the United States, National Guard of any jurisdiction, the Military Reserves of any jurisdiction, or the Naval Militias of any jurisdiction, and apply it in the manner most favorable toward satisfying the applicant's qualifications for examination and license issuance.
(A) An applicant applying under this paragraph must complete and submit the following:
(i) Appropriate application(s).
(ii) Satisfactory evidence of education, training and experience obtained by the applicant as a member of the military Armed Forces or Reserves of the United States.
(iii) License certification(s) from the jurisdiction(s) in which the applicant has held or currently holds a license.
(iv) Criminal history background application, fingerprint card and fee.
(v) Examination fee and successful completion of the entire appropriate examination.
(B) Upon the Commission granting approval to the applicant for licensure in this jurisdiction, the applicant must complete and submit the appropriate license application form(s) along with license and education and recovery fund fees.
(C) An applicant qualifying under this paragraph will be issued either a provisional sales associate, broker associate or broker license.
(b) Active duty military and military spouse applicants may utilize licensure methods provided for in 59 O.S. § 4100 et seq. as appropriate.SUBCHAPTER 9. BROKER'S OPERATIONAL PROCEDURES
605:10-9-1. Place of business and broker requirements [AMENDED]
(a) Place of business. Each broker shall maintain a specific place of business, and supervise a brokerage practice which is available to the public during reasonable business hours. Each broker shall be available to manage and supervise such brokerage practice and comply with the following:
(1) The place of business shall consist of at least one enclosed room or building of stationary construction wherein negotiations and closing of real estate transactions of others may be conducted and carried on with privacy and wherein the broker's books, records and files pertaining to real estate transactions of others are maintained.
(2) Each broker shall register for each place of business a physical business address and office telephone number(s).
(b) Branch offices. If a broker maintains one or more places of business, the additional places of business shall be referred to as a branch office.
(c) Office located at residence. The office may be in the residence of the broker.
(d) Associates not permitted to have an office. Associates are not permitted to have a place of business, but must be registered with a place of business maintained and registered in the name of the broker.
(e) Licenses issued to place of business. All licenses will be issued electronically to each licensee in the individual License Portal.
(f) Broker may be broker for more than one firm. A broker may be the broker for more than one firm so long as the firms are at the same location.
(g) Broker is responsible for the acts of unlicensed assistants. A broker is responsible for all real estate related activities of any unlicensed assistant working within the firm., including virtual or remote assistants, and any software-based tools (including chatbots, Artificial Intelligence Models, or Generative AI) used to perform functions related to real estate services.
605:10-9-4. Advertising [AMENDED]
(a) Requirements and prohibitions.
(1) A broker, when advertising, must use their registered business trade name or the name under which the broker is licensed; however, yard signs must also include the broker's office telephone number. A firm shall not register or use a trade name of another licensed firm. In addition, the advertisement must indicate that the party is a real estate broker and not a private party, to include, but not limited to, "agency", "company", "realty", or "real estate", as the case may be. Legal abbreviations following the trade name or name under which the broker is licensed shall be acceptable as long as they are easily identifiable by the public as such.
(2) No real estate advertisement shall show only a post office box number, telephone number or street address.
(3) A broker, when operating under a franchise name, shall clearly reveal in all office identification and in all advertising other than institutional type advertising designed to promote a common name, the franchise name along with the name of the broker or business trade name as registered with the Commission. A franchise name shall not be the complete business trade name. All institutional type franchise advertising shall indicate that each office is independently owned and operated.
(4) A licensee shall not advertise, either personally or through any media, to sell, buy, exchange, rent, or lease property when such advertisement is directed at or referred to persons of a particular race, color, creed, religion, national origin, familial status or handicap. The contents of any advertisement must be confined to information relative to the property itself, and any advertisement which is directed at or referred to persons of any particular race, color, creed, religion, national origin, familial status, age or handicap is prohibited.
(5) Any advertising in any media which is misleading or inaccurate in any material fact or in any way misrepresents any property, terms, values, services, or policies is prohibited.
(6) A licensee shall not advertise any property for sale, rent, lease, or exchange in any media unless the broker has first secured the permission of the owner or the owner's authorized representative and said permission has a definite date of expiration.
(7) Social networking. A licensee who is engaged in licensed activities through social networking mediums must indicate their license status and include their broker's reference as required elsewhere in this rule.
(8) A licensee shall not use a yard sign at the licensee's personal residence as a marketing tool, to make it appear the real property is for sale, lease or rent when such is not the case.
(9) A broker may, or authorize an associate to, promote a seller incentive with the consent of the seller. The publicity must clearly indicate the incentive is being offered by the seller and not by the licensee and that the promotion only applies to a seller's particular property or properties.
(b) Associates advertising.
(1) An associate is prohibited from advertising under only the associate's name.
(2) All advertising by an associate must be under the direct supervision of the associate's broker.
(3) In all advertising, the associate must include the name of the associate's broker or the name under which the broker operates, in such a way that the broker's reference is prominent, conspicuous and easily identifiable. For the purposes of this section, "prominent, conspicuous and easily identifiable" means that the broker's reference shall be at least fifty percent (50%) or larger than any associate reference included in the advertisement. If approved by a broker, an associate may include in the advertisement:
(A) The associate's personal insignia of which such approval is to be maintained by the broker and which cannot be construed as that of a firm's name.
(B) The associate's personal nickname or alias which must be registered at the Commission prior to its use and which cannot be construed as that of a firm's name.
(C) An associate's contact information.
(D) A slogan which cannot be construed as that of a firm's name.
(E) A domain/website name that is registered with the broker. Within this domain/website, the broker's reference shall appear on every individual page and/or frame.
(4) An associate's contact information may be added to a yard sign if the yard sign contains the registered name or trade name and office telephone number of the broker so long as it is approved by the broker.
(5) Open house or directional signs used in conjunction with broker's signs do not have to contain the name or trade name of the associate's broker and broker's telephone number.
(c) Team advertising.
(1) A team is prohibited from advertising only under the team name.
(2) All advertising by a team must be under the direct supervision of the team's broker.
(3) Team members are prohibited from holding themselves out as owner of a firm that provides brokerage services.
(3)(4) All team advertising must include the name of the team's broker or the name under which the broker operates, in such a way that the broker's reference is prominent, conspicuous and easily identifiable. For the purposes of this section, "prominent, conspicuous and easily identifiable" means that the broker's reference shall be at least fifty percent (50%) or larger than any team reference included in the advertisement. If approved by the broker, a team may include in the advertisement:(A) The team's personal insignia of which such approval is to be maintained by the broker.
(B) The team's contact information.
(C) A team slogan approved by the broker.
(D) A domain/website name that is registered with the broker. Within this domain/website, the broker's reference shall appear on every individual page and/or frame.
(d) Licensee acting as owner, purchaser or direct employee of owner.
(1) When a licensee, either active or inactive, is purchasing real estate or is the owner of property that is being sold, exchanged, rented or leased and such is being handled either by the licensee or marketed through a real estate firm, the licensee is required to disclose in writing on all documents that pertain to the transaction and in all advertisements that he or she is licensed. On all purchase or lease contracts the licensee is to include their license number. The licensee shall include their license number on any purchase or lease contracts, contracts for deed, option contracts, or lease to own agreements.
(2) A licensee who is not acting in the capacity of a licensee but is engaged in buying, selling, leasing or renting real estate as a direct employee for the owner or as an officer for an entity is not required to indicate in the advertising that he or she is licensed.
(2) A licensee who acts only as a direct employee of a property owner, and who does not hold an ownership interest in the employing entity, serve as an officer of the employing entity, or receive compensation based on the outcome of those services, is not required to disclose licensure status in advertising related to that employment.
(3) A licensee acting under power of attorney must disclose on all documents that pertain to a transaction and in all advertising that he or she is licensed.
APPENDIX A. RESIDENTIAL PROPERTY CONDITION DISCLOSURE STATEMENT [AMENDED]
[OAR Docket #26-496; filed 6-4-26]
TITLE 660. Department of Securities
CHAPTER 11. OKLAHOMA UNIFORM SECURITIES ACT OF 2004
[OAR Docket #26-515]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 5. Broker-Dealers and Agents
Part 3. Licensing Procedures
660:11-5-11. Initial registration [AMENDED]
Part 7. Record Keeping and Ethical Standards
660:11-5-42.1. Dishonest and unethical practices of issuer agents [AMENDED]
660:11-5-45. Financial statements for non-FINRA broker-dealers [AMENDED]
Subchapter 7. Investment Advisers and Investment Adviser Representatives
Part 3. LICENSING PROCEDURES
660:11-7-17. Registration exemption for investment advisers to qualifying private funds. [AMENDED]
Part 5. REPORTING REQUIREMENTS
660:11-7-31. Post-registration reporting requirements [AMENDED]
Part 7. RECORD KEEPING AND ETHICAL STANDARDS
660:11-7-44. Financial statements for investment advisers [AMENDED]
660:11-7-48. Custody requirements for investment advisers [AMENDED]
Subchapter 11. Exemptions From Securities Registration
Part 1. GENERAL PROVISIONS
660:11-11-3. Number of purchasers [AMENDED]
Subchapter 15. Miscellaneous Provisions
660:11-15-2. Protection from financial exploitation [AMENDED]
AUTHORITY:
Administrator, Oklahoma Department of Securities; 71 O.S. §§1-605, 1-608
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 25, 2025
COMMENT PERIOD:
December 15, 2025 through January 16, 2026
PUBLIC HEARING:
January 22, 2026
ADOPTION:
January 23, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 23, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
August 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
17 C.F.R. §240.15c3-1 as effective March 14, 2025
Incorporating Rules:
660:11-5-45. Financial statements for non-FINRA broker-dealers
Availability:
The incorporated standards are available for public examination between 8:30 a.m. and 4:30 p.m. at the offices of the Oklahoma Department of Securities located at 204 North Robinson Avenue, Suite 400, Oklahoma City, Oklahoma, 73102.
GIST/ANALYSIS:
The proposed rule amendments clarify that investment advisers must file a copy of their errors and omissions policies with the Department within 30 days of expiration of their policies instead of within 30 days of renewal of their policies; promote uniformity with federal law by not requiring investment advisers who are deemed to have custody solely due to fee deduction to file audited financial statements and allowing them to mark "no" on the Form ADV to the questions concerning custody; promote uniformity by allowing broker-dealers and investment advisers to extend the time period for temporary holds on the accounts of vulnerable adults by 30 days if necessary in conformity with FINRA Rule 2165; clarify that purchasers located inside or outside the state of Oklahoma are included in computing the number of purchasers under certain exemptions; correct and standardize statutory cites and terminology; and correct grammatical and formatting errors.
CONTACT PERSON:
Gerri Kavanaugh, General Counsel, Oklahoma Department of Securities, (405) 280-7721
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF AUGUST 1, 2026:
SUBCHAPTER 5. BROKER-DEALERS AND AGENTS
PART 3. LICENSING PROCEDURES
660:11-5-11. Initial registration [AMENDED]
(a) Broker-dealer. Each broker-dealer applying for initial registration pursuant to Section 1-406 of the Securities Act:
(1) who is contemporaneously applying for FINRA membership or who is a FINRA member:
(A) shall file with the CRD:
(i) a completed Form BD, including Schedules A-E; and
(ii) the filing fee specified in Section 1-612 of the Securities Act;
(B) shall provide proof of registration with FINRA and with the jurisdiction where the broker-dealer's principal office is located;
(C) shall provide an application for registration as an agent as set forth in (b)(1) of this Section for each principal who directly supervises, or will directly supervise, any agent registered under the Securities Act; and
(D) any additional documentation, supplemental forms, and information as the Administrator may deem necessary. (2) who is not a current FINRA member shall file with the Department:
(A) a completed Form BD, including Schedules A-E;
(B) the filing fee specified in Section 1-612 of the Securities Act;
(C) financial statements as required by 660:11-5-45, or if the broker-dealer has not commenced operating, an engagement letter with an accounting firm to prepare the audited financial statements required by 660:11-5-31;
(D) documentation of compliance with the minimum capital requirement set forth in Section 1-406(E) of the Securities Act and 660:11-5-17;
(E) designation, qualification and registration of a principal as defined in 660:11-5-2 pursuant to (c) of this Section;
(F) an application for registration as an agent as set forth in (b)(1) of this Section for each principal who directly supervises, or will directly supervise, any agent registered under the Securities Act;
(G) a list of the addresses, telephone numbers and resident agents of all nonbranch sales offices located within the state of Oklahoma;
(H) a copy of the written supervisory procedures of the broker-dealer; and
(I) any additional documentation, supplemental forms and information as the Administrator may deem necessary.
(b) Broker-dealer agent.
(1) Required documents. Each broker-dealer agent applying for initial registration pursuant to Section 1-406 of the Securities Act shall file:
(A) a completed Form U4;
(B) the filing fee specified in Section 1-612 of the Securities Act;
(C) proof of successful completion of the applicable examinations specified in 660:11-5-16;
(D) proof of applicant's approved status of registration or licensure in a jurisdiction in which he has an office of employment when such registration is required; and
(E) any additional documentation, supplemental forms and information as the Administrator may deem necessary.
(2) Where to file. An agent applying for registration with a FINRA member shall file the documentation required by (1)(A) through (C) of this subsection with the CRD and shall file any additional documentation with the Department. Agents applying for registration with a non- FINRA broker-dealer shall file the required documentation with the Department.
(c) Broker-dealer principal.
(1) Required documents. Each person applying for initial registration under the Securities Act as a principal of a broker-dealer who is not a member of FINRA shall file with the Department:
(A) a completed Form U4;
(B) a $50.00 filing fee;
(C) proof of successful completion of the applicable examinations specified in 660:11-5-16; and
(D) any additional documentation, supplemental forms and information as the Administrator may deem necessary.
(2) Effect of registration. Registration under the Securities Act as a principal of broker-dealer shall constitute registration as an agent.
(d) Issuer agent. Agents of issuers applying for initial registration in the state of Oklahoma pursuant to Section 1-406 of the Securities Act shall file the following with the Department:
(1) a completed Form U4;
(2) the fee specified in Section 1-612 of the Securities Act;
(3) proof of successful completion of the applicable examinations specified in 660:11-5-16;
(4) an executed Applicant/Management Certification Form; and
(5) any additional documentation, supplemental forms and information as the Administrator may deem necessary.
(e) Requirement for continued registration. 660:11-5-42, adopted pursuant to Sections 1-411(D)(13) and 1-605(A)(2) of the Securities Act, sets forth the standards of ethical practices for broker-dealers and their agents. Paragraph (22) of 660:11-5-42 requires that each broker-dealer establish, maintain and enforce written procedures that will enable it to supervise properly the activities of each registered agent to assure compliance with applicable securities laws, rules, regulations and statements of policy. Therefore, the initial and continued registration of a broker-dealer:
(1) that is a FINRA member, is conditioned upon registration under the Securities Act of all principals directly supervising an agent registered under the Securities Act.
(2) that is not a FINRA member, is conditioned upon the designation, qualification and registration of a principal who shall be responsible for the supervision of all agents of the broker-dealer who are registered under the Securities Act. If the originally designated principal ceases to be the broker-dealer's principal, the broker-dealer must promptly update Form BD to identify a qualified principal. A broker-dealer applicant or registrant may apply for registration of more than one person as a principal of said broker-dealer.
(f) Notice of termination of incomplete applications.
(1) FINRA and non-FINRA broker-dealers. The Administrator may send notice to an applicant for broker-dealer registration with respect to any incomplete application in which the applicant has taken no action for the 60 days immediately prior to the sending of such notice. The notice will advise such applicant that the incomplete application will be terminated 30 days from the date of sending such notice unless on or before the termination date the applicant responds in writing to the Administrator showing good cause why the application should remain in a pending status. If the applicant does not request in writing that or show good cause why in the Administrator's discretion the applications should remain in a pending status, the Administrator may terminate the pending application.
(2) Agents. The Administrator may send notice to the associated firm of an applicant for agent registration with respect to any incomplete application in which the applicant has taken no action for the 60 days immediately prior to the sending of such notice. The notice will advise such applicant that the incomplete application will be terminated 30 days from the date of sending such notice unless on or before the termination date the applicant responds in writing to the Administrator showing good cause why the application should remain in a pending status. If the applicant does not request in writing that or show good cause why in the Administrator's discretion the application should remain in a pending status, the Administrator may terminate the pending application.
PART 7. RECORD KEEPING AND ETHICAL STANDARDS
660:11-5-42.1. Dishonest and unethical practices of issuer agents [AMENDED]
(a) Purpose. This rule is intended to set forth the standards of ethical practices for issuer agents. Any noncompliance with the standards of ethical practices specified in this section will constitute unethical practices in the securities business; however, the following is not intended to be a comprehensive listing of all specific events or conditions that may constitute such unethical practices. The standards shall be interpreted in such manner as will aid in effectuating the policy and provisions of the Securities Act, and so as to require that all practices of issuer agents, in connection with their activities in this state shall be just, reasonable and not unfairly discriminatory.
(b) Standards.
(1) An issuer agent, in the conduct of his business, shall observe high standards of commercial honor and just and equitable principles of trade. Issuer agents shall not violate any federal securities statute or rule or any rule of a national securities exchange or national securities association of which he is a member with respect to any customer, transaction or business effected in this state.
(2) In recommending to a customer the purchase, sale or exchange of any security, an issuer agent shall have reasonable grounds for believing that the recommendation is suitable for such customer upon the basis of the facts, if any, disclosed by such customer as to his other security holdings and as to his financial situation and needs. Prior to making a recommendation to a customer an issuer agent shall also make reasonable efforts to obtain information concerning the customer's financial background, tax status, investment objectives, and such other information used or considered to be reasonable and necessary by such registered agent in making such recommendation.
(3) No issuer agent shall guarantee a customer against loss in any securities transaction effected by the issuer agent with such customer.
(4) No issuer agent shall effect any transaction in, or induce the purchase or sale of, any security by means of any manipulative, deceptive, or other fraudulent device, paracticepractice, program, design, or contrivance.
(5) No issuer agent shall fail or refuse to furnish a customer, upon reasonable request, information to which the customer is entitled, or to respond to a formal written request or complaint.
660:11-5-45. Financial statements for non-FINRA broker-dealers [AMENDED]
(a) Required financial statements. Applications for registration for non-FINRA member broker-dealers shall contain audited financial statements for the applicant as of the end of its last fiscal year. Applicants that have commenced operating, but have been in operation for less than twelve (12) months shall submit an unaudited statement of financial condition as of a date within ninety (90) days of the date of the filing of the application and an unaudited statement of income for the period beginning from the date of inception through the date as of which the statement of financial condition is prepared.
(b) Net capital computation. Financial statements submitted by or on behalf of a broker-dealer shall include a statement of net capital for the broker-dealer and a schedule presenting a computation of net capital as of each statement of financial condition date. The computation of net capital shall be calculated according to the formula established by the SEC in Rule 15c3-1 under the 1934 Act [17 C.F.R. §240.15c3-1] as effective October 21, 2019March 14, 2025.
(c) Waiver. The Administrator in the Administrator's discretion may waive any of the requirements of this section on a case-by-case basis when such action is determined to be consistent with the purposes fairly intended by the policy and provisions of the Securities Act. Requests for waivers shall be in writing setting forth the reasons therefor.
SUBCHAPTER 7. INVESTMENT ADVISERS AND INVESTMENT ADVISER REPRESENTATIVES
PART 3. LICENSING PROCEDURES
660:11-7-17. Registration exemption for investment advisers to qualifying private funds. [AMENDED]
(a) Definitions. For purposes of this regulation, the following definitions shall apply:
(1) “3(c)(1) fund” means a qualifying private fund that is eligible for the exclusion from the definition of an investment company under section 3(c)(1) of the 1940 Act, [15 U.S.C. §80a-3(c)(1)].
(2) "Private fund adviser" means an investment adviser who provides advice solely to one or more qualifying private funds.
(3) "Qualifying private fund" means a private fund that meets the definition of a qualifying private fund in SEC Rule 203(m)-1 under the Advisers Act [17 C.F.R. §275.203(m)-1].
(4) “Value of primary residence” means the fair market value of a person’s primary residence, subtracted by the amount of debt secured by the property up to its fair market value.
(5) “Venture capital fund” means a private fund that meets the definition of a venture capital fund in Rule 203(l)-1 under the Advisers Act, [17 C.F.R. §275.203(l)-1].
(b) Exemption for private fund advisers. Subject to the additional requirements of (c) of this Section, a private fund adviser shall be exempt from the registration requirements of Section 1-403 of the Securities Act if the private fund adviser satisfies each of the following conditions:
(1) neither the private fund adviser nor any of its advisory affiliates are subject to an event that would disqualify an issuer under Rule 506(d)(1) of Regulation D of the 1934 Act [17 C.F.R. §230.506(d)(1)];
(2) the private fund adviser files with the state each report and amendment thereto that an exempt reporting adviser is required to file with the SEC pursuant to Rule 204-4 of the Advisers Act [17 C.F.R. §275.204-4]; and
(3) the private fund adviser pays the fees specified in 1-6121-612(A)(5) of the Securities Act.
(c) Additional requirements for private fund advisers to certain 3(c)(1) funds. In order to qualify for the exemption described in (b) of this Section, a private fund adviser who advises at least one (3)(c)(1) fund that is not a venture capital fund shall, in addition to satisfying each of the conditions specified in (b)(1) through (b)(3) of this Section, comply with the following requirements:
(1) The private fund adviser shall advise only those 3(c)(1) funds (other than venture capital funds) whose outstanding securities (other than short-term paper) are beneficially owned entirely by persons who, after deducting the value of the primary residence from the person’s net worth, would each meet the definition of a qualified client in Rule 205-3 of the Advisers Act, [17 C.F.R. §275.205-3], at the time the securities are purchased from the issuer;
(2) At the time of purchase, the private fund adviser shall disclose the following in writing to each beneficial owner of a 3(c)(1) fund that is not a venture capital fund:
(A) all services, if any, to be provided to individual beneficial owners;
(B) all duties, if any, the investment adviser owes to the beneficial owners; and
(C) any other material information affecting the rights or responsibilities of the beneficial owners.
(3) The private fund adviser shall obtain on an annual basis audited financial statements of each 3(c)(1) fund that is not a venture capital fund and shall deliver a copy of such audited financial statements to each beneficial owner of the fund.
(d) Federal covered investment advisers. If a private fund adviser is registered with the SEC, the adviser shall not be eligible for this exemption and shall comply with the state notice filing requirements applicable to federal covered investment advisers in Section 1-405 of the Securities Act.
(e) Investment adviser representatives. A person is exempt from the registration requirements of Section 1-404 of the Securities Act if he or she is employed by or associated with an investment adviser that is exempt from registration in this state pursuant to this rule and does not otherwise act as an investment adviser representative.
(f) Electronic filing. The report filings described in paragraph (b)(2) above shall be made electronically through the IARD. A report shall be deemed filed when the report and the fee required by Section 1-612(A)(5) of the Securities Act are filed and accepted by the IARD on the state's behalf.
(g) Transition. An investment adviser who becomes ineligible for the exemption provided by this Section must comply with all applicable laws and rules requiring registration or notice filing within ninety (90) days from the date the investment adviser’s eligibility for this exemption ceases.
(h) Waiver Authority with Respect to Statutory Disqualification. Paragraph (b)(1) of this Section shall not apply upon a showing of good cause and without prejudice to any other action of the Administrator, if the Administrator determines that it is not necessary under the circumstances that an exemption be denied.
(i) Grandfathering for investment advisers to 3(c)(1) funds with non-qualified clients. An investment adviser to a 3(c)(1) fund (other than a venture capital fund) that has one or more beneficial owners who are not qualified clients as described in (c)(1) of this Section is eligible for the exemption contained in (b) of this Section if the following conditions are satisfied:
(1) the subject fund existed prior to the effective date of this Section;
(2) as of the effective date of this Section, the subject fund ceases to accept beneficial
owners who are not qualified clients, as described in (c)(1) of this Section;
(3) the investment adviser discloses in writing the information described in (c)(2) of this Section to all beneficial owners of the fund; and
(4) as of the effective date of this Section, the investment adviser delivers audited financial statements as required by (c)(3) of this Section.
PART 5. REPORTING REQUIREMENTS
660:11-7-31. Post-registration reporting requirements [AMENDED]
(a) Form ADV amendments. Every investment adviser registered under Section 1-406 of the Securities Act must amend its Form ADV each year by filing an annual updating amendment within 90 days of the end of its fiscal year. In addition, every investment adviser registered under Section 1-406 of the Securities Act must amend its Form ADV by promptly filing additional amendments (other-than-annual amendments) if required by the written instructions to Form ADV.
(b) Proof of errors and omissions coverage. Every investment adviser registered under Section 1-406 of the Securities Act must submit proof of an errors and omissions insurance policy meeting the requirements of 660:11-7-11(a)(2)(C) to the Department each year within 30 days of renewalexpiration of its policy. The proof must be submitted in compliance with 660:11-7-21.
(c) Financial reports.
(1) Filing requirement. Pursuant to Section 1-410(B) of the Securities Act, every investment adviser registered under Section 1-406 of the Securities Act who has custody, as that term is defined in 660:11-7-48, of clients' funds or securities, other than solely as a consequence of its authority to make withdrawals from client accounts to pay its advisory fee, or requires prepayment of advisory fees six (6) months or more in advance and in excess of $1,200.00 per client shall file a post-registration financial report with the Department each fiscal year.
(2) Report content. Financial reports shall contain the financial or operating report filing fee specified in Section 1-612 of the Securities Act and an audited statement of financial condition as of the investment adviser's fiscal year end.
(3) Report filing dates. Financial reports become due on the last day of the fiscal year to which they apply; however, a grace period is provided before a filing becomes delinquent. The filing must be made within 90 days of the end of the registrant's fiscal year.
(4) Amendment. If the information contained in a financial report is or becomes inaccurate or incomplete in a material respect, the investment adviser shall promptly file a correcting amendment.
(d) Form BR amendments. Every investment adviser registered under Section 1-406 of the Securities Act must file a Form BR prior to the use or operation of any office in this state. In addition, every investment adviser registered under Section 1-406 of the Securities Act must promptly amend its Form BRs as required by the written instructions to Form BR.
(e) Incomplete or delinquent filings. The Department will not accept incomplete or piecemeal filings. Failure to make a required filing before it becomes delinquent may result in the suspension or revocation of registration.
PART 7. RECORD KEEPING AND ETHICAL STANDARDS
660:11-7-44. Financial statements for investment advisers [AMENDED]
(a) Audited statements. Applications for registration as investment advisers shall contain audited financial statements for the applicant as of the end of its last fiscal year. Applicants that have been in operation for less than twelve (12) months shall submit an unaudited statement of financial condition as of a date within ninety (90) days of the date of the filing of the application and an unaudited statement of income for the period beginning from the date of inception through the date as of which the statement of financial condition is prepared.
(b) Unaudited interim financial statements. If the audited financial statements required in the preceding (a) are not current to within ninety (90) days of the date of filing, additional unaudited financial statements shall be submitted covering the period from the beginning of the current fiscal year through a month ending within the 90-day time frame.
(c) Sole proprietors. Investment advisers who are individuals or sole proprietorships, in lieu of audited financial statements, may provide financial statements that have been prepared in accordance with generally accepted accounting principles and which have been reviewed and reported upon by independent accountants in accordance with the standards for the review of financial statements promulgated by the American Institute of Certified Public Accountants.
(d) Exemption. The financial statement requirements specified in this section shall not apply to an investment adviser unless the investment adviser has custody or possession of clients' funds or securities, other than solely as a consequence of its authority to make withdrawals from client accounts to pay its advisory fee, or requires prepayment of advisory fees six (6) months or more in advance and in excess of $1,200.00 per client.
(e) Waiver. The Administrator in his discretion may waive any of the requirements of this section on a case-by-case basis when such action is determined to be consistent with the purposes fairly intended by the policy and provisions of the Securities Act. Requests for waivers shall be in writing setting forth the reasons therefor.
660:11-7-48. Custody requirements for investment advisers [AMENDED]
(a) Definitions. For purposes of this Section:
(1) "Control" means the power, directly or indirectly, to direct the management or policies of a person whether through ownership of securities, by contract, or otherwise. Control includes:
(A) Each of the investment adviser's officers, partners, or directors exercising executive responsibility (or persons having similar status or functions) is presumed to control the investment adviser;
(B) A person is presumed to control a corporation if the person:
(i) directly or indirectly has the right to vote twenty-five (25) percent or more of a class of the corporation's voting securities; or
(ii) has the power to sell or direct the sale of twenty-five (25) percent or more of a class of the corporation's voting securities;
(C) A person is presumed to control a partnership if the person has the right to receive upon dissolution, or has contributed, twenty-five (25) percent or more of the capital of the partnership;
(D) A person is presumed to control a limited liability company if the person:
(i) directly or indirectly has the right to vote twenty-five (25) percent or more of a class of the interests of the limited liability company;
(ii) has the right to receive upon dissolution, or has contributed, twenty-five (25) percent or more of the capital of the limited liability company;
(iii) is an elected manager of the limited liability company; or
(E) A person is presumed to control a trust if the person is a trustee or managing agent of the trust.
(2) "Custody" means holding, directly or indirectly, client funds or securities, or having any authority to obtain possession of them. The investment adviser has custody if a related person holds, directly or indirectly, client funds or securities, or has any authority to obtain possession of them, in connection with advisory services the investment adviser provides to clients.
(A) Custody includes:
(i) possession of client funds or securities unless the investment adviser receives them inadvertently and returns them to the sender within three (3) business days of receiving them and the investment adviser maintains the records ledger or listing required under 660:11-7-41(a)(24)660:11-7-41(a)(21);
(ii) any arrangement (including a general power of attorney) under which an investment adviser is authorized or permitted to withdraw client funds or securities maintained with a custodian upon the investment adviser's instruction to the custodian; and
(iii) any capacity (such as general partner of a limited partnership, managing member of a limited liability company or a comparable position for another type of pooled investment vehicle, or trustee of a trust) that gives the investment adviser or its supervised person legal ownership of or access to client funds or securities.
(B) Receipt of checks drawn by clients and made payable to unrelated third parties will not meet the definition of custody if forwarded to the third party within three (3) business days of receipt and the investment adviser maintains the records required under 660:11-7-41(a)(24).
(3) "Independent certified public accountant" means a certified public accountant that meets the standards of independence described in rule 2-01(b) and (c) of Regulation S-X under the 1933 Act [17 C.F.R. §210.2-01(b) and (c)].
(4) "Independent party" means a person that:
(A) is engaged by the investment adviser to act as a gatekeeper for the payment of fees, expenses and capital withdrawals from the pooled investment;
(B) does not control and is not controlled by and is not under common control with the investment adviser; and
(C) does not have, and has not had within the past two years, a material business relationship with the investment adviser.
(D) shall not negotiate or agree to have material business relations or commonly controlled relations with an investment adviser for a period of two years after serving as the person engaged in an independent party agreement.
(5) "Independent representative" means a person who:
(A) acts as agent for an advisory client, including in the case of a pooled investment vehicle, for limited partners of a limited partnership, members of a limited liability company, or other beneficial owners of another type of pooled investment vehicle and by law or contract is obliged to act in the best interest of the advisory client or the limited partners, members, or other beneficial owners;
(B) does not control, is not controlled by, and is not under common control with the investment adviser; and
(C) does not have, and has not had within the past two years, a material business relationship with the investment adviser.
(6) "Qualified custodian" means the following:
(A) a bank or savings association that has deposits insured by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act;
(B) a broker-dealer registered in this jurisdiction and with the SEC holding the client assets in customer accounts;
(C) a registered futures commission merchant registered under Section 6f(a) of the Commodity Exchange Act [7 U.S.C. §6f(a)], holding the client assets in customer accounts, but only with respect to clients' funds and security futures, or other securities incidental to transactions in contracts for the purchase or sale of a commodity for future delivery and options thereon; or
(D) a foreign financial institution that customarily holds financial assets for its customers, provided that the foreign financial institution keeps the advisory clients' assets in customer accounts segregated from its proprietary assets.
(7) "Related person" means any person, directly or indirectly, controlling or controlled by the investment adviser, and any person that is under common control with the investment adviser.
(b) Safekeeping required. It is unlawful and deemed to be a fraudulent, deceptive, or manipulative act, practice, or course of business for an investment adviser, registered or required to be registered, to have custody of client funds or securities unless:
(1) Notice to Administrator. The investment adviser notifies the Administrator promptly in writing that the investment adviser has or may have custody. Such notification is required to be given on Form ADV. If the investment adviser has custody solely because it deducts its advisory fees directly from its clients' accounts, it may answer "no" to Item 9.A.(1)(a) and (b) on Form ADV.
(2) Qualified custodian. A qualified custodian maintains those funds and securities:
(A) in a separate account for each client under that client's name; or
(B) in accounts that contain only the investment adviser's clients' funds and securities, under the investment adviser's name as agent or trustee for the clients, or, in the case of a pooled investment vehicle that the investment adviser manages, in the name of the pooled investment vehicle.
(3) Notice to clients. If an investment adviser opens an account with a qualified custodian on its client's behalf, under the client's name, under the name of the investment adviser as agent, or under the name of a pooled investment vehicle, the investment adviser must notify the client in writing of the qualified custodian's name, address, and the manner in which the funds or securities are maintained, promptly when the account is opened and following any changes to this information. If the investment adviser sends account statements to a client to which the investment adviser is required to provide this notice, the investment adviser must include in the notification provided to that client and in any subsequent account statement the investment adviser sends that client a statement urging the client to compare the account statements from the custodian with those from the investment adviser.
(4) Account statements. The investment adviser has a reasonable basis, after due inquiry, for believing that the qualified custodian sends an account statement, at least quarterly, to each client for which it maintains funds or securities, identifying the amount of funds and of each security in the account at the end of the period and setting forth all transactions in the account during that period.
(5) Special rule for limited partnerships and limited liability companies. If the investment adviser or a related person is a general partner of a limited partnership (or managing member of a limited liability company, or holds a comparable position for another type of pooled investment vehicle),
(A) the account statements required under (4) of this subsection must be sent to each limited partner (or member or other beneficial owner), and
(B) the investment adviser must:
(i) enter into a written agreement with an independent party who is obliged to act in the best interest of the limited partners, members, or other beneficial owners to review all fees, expenses, and capital withdrawals from the pooled accounts;
(ii) send all invoices or receipts to the independent party, detailing the amount of the fee, expenses, or capital withdrawal and the method of calculation such that the independent party can:
(I) determine that the payment is in accordance with the pooled investment vehicle standards (generally the partnership agreement or membership agreement) and
(II) forward, to the qualified custodian, approval for payment of the invoice with a copy to the investment adviser.
(6) Independent verification. The client funds and securities of which the investment adviser has custody are verified by actual examination at least once during each calendar year, by an independent certified public accountant, pursuant to a written agreement between the investment adviser and the independent certified public accountant, at a time that is chosen by the independent certified public accountant without prior notice or announcement to the investment adviser and that is irregular from year to year. The written agreement must provide for the first examination to occur within six months of becoming subject to this paragraph, except that, if the investment adviser maintains client funds or securities pursuant to this Section as a qualified custodian, the agreement must provide for the first examination to occur no later than six months after obtaining the internal control report. The written agreement must require the independent certified public accountant to:
(A) file a certificate on Form ADV-E with the Administrator within 120 days of the time chosen by the independent certified public accountant in this paragraph, stating that it has examined the funds and securities and describing the nature and extent of the examination;
(B) notify the Administrator within one business day of the finding of any material discrepancies during the course of the examination, by means of a facsimile transmission or electronic mail, followed by first class mail, directed to the attention of the Administrator; and
(C) file within four (4) business days of the resignation or dismissal from, or other termination of, the engagement, or removing itself or being removed from consideration for being reappointed, Form ADV-E accompanied by a statement that includes:
(i) the date of such resignation, dismissal, removal, or other termination, and the name, address, and contact information of the independent certified public accountant; and
(ii) an explanation of any problems relating to examination scope or procedure that contributed to such resignation, dismissal, removal, or other termination.
(7) Investment advisers acting as qualified custodians. If the investment adviser maintains, or if the investment adviser has custody because a related person maintains, client funds or securities pursuant to this Section as a qualified custodian in connection with advisory services the investment adviser provides to clients, the investment adviser must obtain, or receive from its related person, within six months of becoming subject to this paragraph and thereafter no less frequently than once each calendar year a written internal control report prepared by an independent certified public accountant:
(A) The internal control report must include an opinion of an independent certified public accountant as to whether controls have been placed in operation as of a specific date, and are suitably designed and are operating effectively to meet control objectives relating to custodial services, including the safeguarding of funds and securities held by either the investment adviser or a related person on behalf of the investment adviser's clients, during the year; and
(B) The independent certified public accountant must verify that the funds and securities are reconciled to a custodian other than the investment adviser or the investment adviser's related person.
(8) Independent representatives. A client may designate an independent representative to receive, on his behalf, notices and account statements as required under (3) and (4) of this subsection.
(c) Exceptions.
(1) Shares of mutual funds. With respect to shares of an open-end company as defined in Section 5(a)(1) of the 1940 Act [15 U.S.C. §80a05(a)(1)] ("mutual fund"), the investment adviser may use the mutual fund's transfer agent in lieu of a qualified custodian for purposes of complying with (b) of this Section.
(2) Certain privately offered securities.
(A) The investment adviser is not required to comply with (b)(2) of this Section with respect to securities that are:
(i) acquired from the issuer in a transaction or chain of transactions not involving any public offering;
(ii) uncertificated, and ownership thereof is recorded only on books of the issuer or its transfer agent in the name of the client; and
(iii) transferable only with prior consent of the issuer or holders of the outstanding securities of the issuer.
(B) Notwithstanding (A) of this paragraph, the provisions of this paragraph are available with respect to securities held for the account of a limited partnership (or limited liability company, or other type of pooled investment vehicle) only if the limited partnership is audited and the audited financial statements are distributed as described in (4) of this subsection, and the investment adviser notifies the Administrator in writing that the investment adviser intends to provide audited financial statements as described in (4) of this subsection. Such notification is required to be given on Form ADV.
(3) Fee deduction. Notwithstanding (b)(6) of this Section, an investment adviser is not required to obtain an independent verification of client funds and securities maintained by a qualified custodian if all of the following are met:
(A) The investment adviser has custody of the funds and securities solely as a consequence of its authority to make withdrawals from client accounts to pay its advisory fee;
(B) The investment adviser has written authorization from the client to deduct advisory fees from the account held with the qualified custodian;
(C) Each time a fee is directly deducted from a client account, the investment adviser concurrently:
(i) sends the independent party designated pursuant to (b)(5)(B)(i) of this Section an invoice or statement of the amount of the fee to be deducted from the client's account; and
(ii) sends the client an invoice or statement itemizing the fee. Itemization includes the formula used to calculate the fee, the amount of assets under management the fee is based on, and the time period covered by the fee.
(D) The investment adviser notifies the Administrator in writing that the investment adviser intends to use the safeguards provided in this paragraph. Such notification is required to be given on Form ADV.
(4) Limited partnerships subject to annual audit. An investment adviser is not required to comply with (b)(3) and (b)(4) of this Section and shall be deemed to have complied with (b)(6) of this Section with respect to the account of a limited partnership (or limited liability company, or another type of pooled investment vehicle) if each of the following conditions are met:
(A) The adviser sends to all limited partners (or members or other beneficial owners) at least quarterly, a statement showing:
(i) the total amount of all additions to and withdrawals from the fund as a whole as well as the opening and closing value of the fund at the end of the quarter based on the custodian's records;
(ii) a listing of all long and short positions on the closing date of the statement in accordance with FASB Rule ASC 946-210-50; and
(iii) the total amount of additions to and withdrawals from the fund by the investor as well as the total value of the investor's interest in the fund at the end of the quarter.
(B) At least annually the fund is subject to an audit and distributes its audited financial statements prepared in accordance with generally accepted accounting principles to all limited partners (or members or other beneficial owners) within 120 days of the end of its fiscal year;
(C) The audit is performed by an independent certified public accountant;
(D) Upon liquidation, the adviser distributes the fund's final audited financial statements prepared in accordance with generally accepted accounting principles to all limited partners (or members or other beneficial owners) and the Administrator promptly after the completion of such audit;
(E) The written agreement with the independent certified public accountant must require the independent certified public accountant to, upon resignation or dismissal from, or other termination of, the engagement, or upon removing itself or being removed from consideration for being reappointed, notify the Administrator within four business days accompanied by a statement that includes:
(i) The date of such resignation, dismissal, removal, or other termination, and the name, address, and contact information of the independent certified public accountant; and
(ii) An explanation of any problems relating to audit scope or procedure that contributed to such resignation, dismissal, removal, or other termination.
(F) The investment adviser must also notify the Administrator in writing that the investment adviser intends to employ the use of the statement delivery and audit safeguards described in this paragraph. Such notification is required to be given on Form ADV.
(5) Registered investment companies. The investment adviser is not required to comply with this Section with respect to the account of an investment company registered under the 1940 Act [15 U.S.C. §80a-1 to 80a-64].
(6) Delivery to Related Persons. Sending an account statement under (b)(5) of this Section or distributing audited financial statements under (4) of this subsection shall not satisfy the requirements of this Section if such account statements or financial statements are sent solely to limited partners (or members or other beneficial owners) that themselves are limited partnerships (or limited liability companies, or another type of pooled investment vehicle) and are related persons of the investment adviser.
SUBCHAPTER 11. EXEMPTIONS FROM SECURITIES REGISTRATION
PART 1. GENERAL PROVISIONS
660:11-11-3. Number of purchasers [AMENDED]
(a) Location of Purchasers. For purposes of computing the number of purchasers to whom sales of the issuer’s securities are made pursuant to Sections 1-202(14) and (16) of the Securities Act, all purchasers, whether located within or outside the state of Oklahoma, shall be included unless excluded under (b) of this Section.
(b) Exclusions.For purposes of computing the number of persons to whom sales of the issuer's securities are made pursuant to Sections 1-202(14) and (16) of the Securities Act, salesSales to the following purchasers shall be excluded:
(b) Exclusions.
(1) any relative, spouse or relative of the spouse of a purchaser who has the same principal residence as such purchaser;
(2) any trust or estate in which a purchaser and any of the persons related to him as specified in (1) or (3) of this subsection collectively have more than 50% of the beneficial interest (excluding contingent interests);
(3) any corporation or other organization of which a purchaser and any of the persons related to him as specified in (1) or (2) of this subsection collectively are beneficial owners of more than 50 percent of the equity securities (excluding directors' qualifying shares) or equity interests.
SUBCHAPTER 15. MISCELLANEOUS PROVISIONS
660:11-15-2. Protection from financial exploitation [AMENDED]
(a) Definitions. The following words and terms, when used in this Section shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Account" means any account of a broker-dealer or investment adviser for which a Protected Adult has the authority to transact business.
(2) "Agencies" means the one or more of the following: the Oklahoma Department of Human Services, the office of the district attorney in the county in which the suspected exploitation occurred, or the local municipal police or sheriff's department.
(3) "Financial exploitation" means:
(A) the wrongful or unauthorized taking, withholding, appropriation or use of money, assets, or property of a protected adult; or
(B) any act or omission taken by a person, including through the use of a power of attorney, guardianship, conservatorship or any other authority, regarding a protected adult, to:
(i) obtain control, though the use of intimidation, undue influence, coercion, harassment, duress, deception, false representation or false pretense, over the protected adult's money, assets or property; or
(ii) convert money, assets, or property of the protected adult.
(4) "Protected adult" means
(A) an individual 62 years of age or older; or
(B) an incapacitated person or a vulnerable adult as such terms are defined in the Protective Services for Vulnerable Adults Act in Title 43A of the Oklahoma Statutes.
(b) Agency disclosure. As required by the Protective Services for Vulnerable Adults Act in Title 43A of the Oklahoma Statutes, if a broker-dealer or investment adviser reasonably believes that financial exploitation of a protected adult in this state has occurred, is occurring, may have been attempted, is being attempted, or will be attempted, the broker-dealer or investment adviser shall promptly notify one or more of the Agencies.
(c) Third-party disclosures. If a broker-dealer or investment adviser reasonably believes that financial exploitation relating to a protected adult has occurred, is occurring, may have been attempted, is being attempted, or will be attempted, in and/or from this state, the broker-dealer or investment adviser may notify any third-party previously designated by the protected adult or any other third party that is reasonably associated with the protected adult.
(d) Temporary holds.
(C) at any time, an agency of competent jurisdiction or a court of competent jurisdiction may terminate or extend a temporary hold authorized by this subsection.
(1) A broker-dealer or investment adviser transacting business in and/or from this state with a protected adult may place a temporary hold on a transaction in and/or a disbursement of funds or securities from an account of such protected adult or an account on which such protected adult is a beneficiary if:
(A) the broker-dealer or investment adviser reasonably believes that financial exploitation of a protected adult has occurred, is occurring, has been attempted, or will be attempted; and
(B) the broker-dealer or investment adviser:
(i) immediately, but in tono event more than two business days after the date the temporary hold is first placed provides oral or written notification, which may be electronic, of the temporary hold and the reason therefor to all parties authorized to transact business in the account; any third party previously designated by the protected adult to be contacted; and the Oklahoma Department of Securities; and
(ii) immediately initiates an internal review of the suspected or attempted financial exploitation of the protected adult, as necessary.
(2) Any temporary hold of a transaction or disbursement of funds or securities as authorized by this subsection will expire upon the earlier of the following, unless terminated or extended by an agency or court of competent jurisdiction:
(A) a determination by the broker-dealer or investment adviser that the transaction or disbursement of funds or securities will not result in financial exploitation of the protected adult; or
(B) not later than fifteen business days after the date on which the broker-dealer or investment adviser first placed the temporary hold on the transaction or disbursement of funds or securities, unless the broker-dealer or investment adviser's internal review of the facts and circumstances supports its reasonable belief that financial exploitation of the protected adult has occurred, is occurring, has been attempted, or will be attempted, in which case the broker-dealer or investment adviser may extend the temporary hold to not later than twenty-five business days after the date the broker-dealer or investment adviser first placed the temporary hold on the transaction or disbursement of the funds or securities; or
(i) provided the temporary hold may be extended for an additional 10 business days after the 15 business days authorized above if the broker-dealer or investment adviser's internal review of the facts and circumstances supports its reasonable belief that financial exploitation of the protected adult has occurred, is occurring, has been attempted, or will be attempted; and
(ii) provided further the temporary hold may be extended up to an additional 30 business days after the date in subparagraph (i) if the broker-dealer or investment adviser's internal review of the facts and circumstances continues to support its reasonable belief that financial exploitation of the protected adult has occurred, is occurring, has been attempted, or will be attempted.
(ii) provided further the temporary hold may be extended up to an additional 30 business days after the date in subparagraph (i) if the broker-dealer or investment adviser's internal review of the facts and circumstances continues to support its reasonable belief that financial exploitation of the protected adult has occurred, is occurring, has been attempted, or will be attempted.
(e) Disclosure exceptions. Notwithstanding subsections (c) and (d) above, a notification permitted or required by this section shall not be made to any person the broker-dealer or investment adviser reasonably believes has engaged, is engaged, or will engage, in suspected or attempted financial exploitation of the protected adult.
(f) Immunity from administrative liability. A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with this section shall be immune from any administrative liability imposed through an action by the Department that might otherwise arise from a disclosure, placing a temporary hold on a transaction or disbursement of funds or securities, or providing access to records in accordance with this section.
(g) Records. A broker-dealer or investment adviser shall retain and provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of a protected adult to the Oklahoma Department of Human Services and to law enforcement, either as part of a referral to, or upon request of, the Oklahoma Department of Human Services or law enforcement. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of a protected adult. Nothing in this provision shall limit or otherwise impede the authority of the Administrator of the Oklahoma Department of Securities to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.
[OAR Docket #26-515; filed 6-5-26]
TITLE 670. Service Oklahoma
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-518]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
670:1-1-8. General rules regarding hearings [AMENDED]
670:1-1-10. Hearing examiners [AMENDED]
670:1-1-12. Witnesses and exhibits [AMENDED]
670:1-1-15. Appeal [AMENDED]
AUTHORITY:
Service Oklahoma, The Executive Director of Service Oklahoma; 47 O.S. §3-101, 47 O.S. §3-103
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 21, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 23, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 24, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rules relate to the administrative operations of Service Oklahoma, in particular processes related to administrative hearings. The proposed amendments align the rules and processes for hearings related to all services offered by Service Oklahoma. The rules of Service Oklahoma were transferred from the Department of Public Safety and the Oklahoma Tax Commission, pursuant to 47 O.S. §3-109, and there were some conflicting or duplicating rules from the various agencies.
CONTACT PERSON:
April Kelso, Service Oklahoma, (405) 522-0204
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
670:1-1-8. General rules regarding hearings [AMENDED]
(a) The Executive Director follows the provisions of Article II of the Administrative Procedures Act, 75 O.S. §308a et seq. and the rules in this Chapter in conducting hearings. The Executive Director or a person named by the Executive Director as the Hearing Officer shall conduct hearings. This Section does not apply to public hearings to receive comments on proposed rules.
(b) A request for a hearing must be made in writing by a person or entity reflected on the records of Service Oklahoma as having an interest in the matter at issue. A person or entity who is not reflected on the records of Service Oklahoma as having an interest in the matter at issue shall not have standing to request a hearing. Such written request shall be submitted to Service Oklahoma on a form prescribed by Service Oklahoma.
(c) The Hearing Officer may set a time limit on oral presentations during a hearing. The order in which evidence and testimony may be presented and the procedure at the hearing, except as otherwise provided in this Chapter or by statute, shall be at the discretion of the Hearing Officer.
(d) Rulings on the admissibility of evidence shall be made by the Executive Director or the Hearing Officer. Formal rules of evidence shall not be used. Service Oklahoma may admit and give effect to documents, testimony, and other evidence which tend to prove or disprove facts as commonly accepted. The Hearing Officer may limit or exclude evidence and testimony that is not relevant, immaterial or is cumulative, repetitive, or interferes with the conduct of the hearing.
(e) The Executive Director or Hearing Officer shall have the authority to administer oaths, issue subpoenas for witnesses, and issue subpoena duces tecum to compel the production of books, records, papers, and other objects. These subpoenas may be served by any duly qualified officer of the law or any other person in any manner prescribed for the service of a subpoena in a civic action. Unless a different method of notice is specified in statute or rule for a particular type of hearing, notices for any hearing before Service Oklahoma shall be mailed to the last known address reflected on the records of Service Oklahoma and must be mailed at least ten (10) days prior to the hearing date, as evidenced by a certificate of mailing stating the date it was mailed by Service Oklahoma. Such certificate of mailing shall be presumed to demonstrate compliance with the notice requirements in these rules. Any person or entity request a hearing who fails to appear after receiving notice may have such request denied or dismissed without further notice or process.
(f) The right to a hearing may not extend to any decision based solely on the results of any test or examination given or made by Service Oklahoma. A person is not entitled to a hearing when the action taken by Service Oklahoma is made mandatory by law.
(g) Hearings shall be informal and not open to the public.
(h) Any party to a proceeding may shall appear and be heard in person or accompanied by pro se or through an attorney licensed to practice in Oklahoma. If a party is represented by an attorney, then the name, Oklahoma bar number, mailing address, and telephone number of the party’s attorney must be provided to Service Oklahoma as soon as possible after the submission of a request for hearing.
(i) Continuances may be allowed only at the discretion of the Hearing Officer or their his or her designee.
(j) If the Hearing Officer finds that there is evidence relevant to the issues which was not presented at the hearing, the Hearing Officer may continue or reopen the Hearing for the purpose of considering such evidence, at any time prior to the mailing of the final written order.
(k) Following a hearing before Service Oklahoma, an order shall be issued containing findings and the final decision of Service Oklahoma.
670:1-1-10. Hearing examiners [AMENDED]
The Executive Director of Service Oklahoma and/or the appointed Hearing Officers may have the following powers, in addition to all other powers specified in this chapter or by law:
(1) To give notice concerning reviews and hearings;
(2) To administer oaths and affirmations;
(3) To summon witnesses;
670:1-1-12. Witnesses and exhibits [AMENDED]
(a) Witness list.
(1) The availability and participation of any witness appearing on behalf of the party requesting the hearing shall be the sole responsibility of that party. The Hearing Officer will not subpoena or secure the attendance of any witness for the party requesting the hearing.
(2) The party requesting the hearing shall provide Service Oklahoma with the following information name of any witness(es) appearing on behalf of the party requesting the hearing, their telephone number, and a brief summary of testimony to be offered by the witness, no later than three (3) business days prior to the date of the scheduled hearing. If the following information is not received by Service Oklahoma at least three (3) business days prior to the date of the scheduling hearing, the Hearing Officer may exclude the witness from the hearing:
(3) The Hearing Officer may examine the witnesses and may allow the parties or their representatives to examine the witness.
(4) Witnesses giving testimony at a hearing shall do so under oath.
(b) Exhibit list.
(1) Any exhibits to be presented by the party requesting the hearing must be received by Service Oklahoma at least three (3) business days prior to the date of the scheduled hearing. Exhibits not received by Service Oklahoma at least more than three (3) business days prior to the date of the scheduled hearing may be excluded by the Hearing Officer.
(2) Any report or results of any tests, if deemed relevant by the Hearing Officer, shall be admitted without the testimony of the person making the report or performing the test.
670:1-1-15. Appeal [AMENDED]
Final decisions of hearings conducted pursuant to Article II of the Administrative Procedures Act, 75 O.S. §308a et seq., are subject to appeal to the District Court pursuant to the provisions of the Administrative Procedures Act.
[OAR Docket #26-518; filed 6-8-26]
TITLE 670. Service Oklahoma
CHAPTER 10. LICENSED OPERATORS
[OAR Docket #26-520]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 9. OPERATION OF SERVICE OKLAHOMA LOCATION BY LICENSED OPERATOR
670:10-9-5. Pre-registration [NEW]
AUTHORITY:
Service Oklahoma, The Executive Director of Service Oklahoma; 47 O.S. §3-101, 47 O.S. §3-103, 47 O.S. §§1112.2, 1113A
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 21, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 23, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 24, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
This rule relates to the licensed operators’ operation of their location. 47 O.S. §1112.2 requires those selling or transferring a motor vehicle in the state of Oklahoma to complete pre-registration through Service Oklahoma. This service is performed primarily by licensed operators and this rule is required in order to specify the timing and completion of pre-registration transactions to ensure Oklahomans receive the license plates and decals within the statutory timeframe.
CONTACT PERSON:
April Kelso, Service Oklahoma, (405) 522-0204
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 9. OPERATION OF SERVICE OKLAHOMA LOCATION BY LICENSED OPERATOR
670:10-9-5. Pre-registration [NEW]
(a) Licensed operators are required to complete pre-registration transactions submitted to the licensed operator either in person or through the online system established by Service Oklahoma, pursuant to 47 O.S. §1112.2.
(b) Licensed operators are required to process and complete pre-registration transactions submitted through the online system within two (2) calendar days of the date of submission. For pre-registrations submitted on a day where the licensed operator is not open, licensed operators must complete the pre-registration transaction on the first business day following submission. If a licensed operator fails to timely process and complete the pre-registration transaction, Service Oklahoma shall complete the transaction.
(c) Completion of the pre-registration transaction includes the mailing of the appropriate decals and/or plate. The appropriate decals and/or plate must be deposited with the United States Postal Service on the same day that the pre-registration transaction is completed.
[OAR Docket #26-520; filed 6-8-26]
TITLE 670. Service Oklahoma
CHAPTER 15. DRIVER LICENSES AND IDENTIFICATION CARDS
[OAR Docket #26-521]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. CLASS D DRIVER LICENSES AND IDENTIFICATION CARDS
670:15-1-2. Application for Initial Driver License [AMENDED]
670:15-1-3. Procedures for obtaining an initial driver license [AMENDED]
670:15-1-5. Graduated driver license; persons under eighteen (18) years of age [AMENDED]
670:15-1-7. Procedure for obtaining a renewal driver license [AMENDED]
670:15-1-10. Procedure for obtaining a replacement driver license [AMENDED]
670:15-1-11. Oklahoma licensee temporarily residing out of state [AMENDED]
670:15-1-12. Procedure for obtaining an identification card [AMENDED]
670:15-1-13. Procedure for obtaining a renewal identification card [AMENDED]
670:15-1-14. Procedure for obtaining a replacement identification card [AMENDED]
670:15-1-16. Procedure to make a change of name on a driver license or an identification card [AMENDED]
Subchapter 7. DRIVER LICENSE AND IDENTIFICATION CARD CONTENT
670:15-7-1. Information displayed on driver licenses [AMENDED]
670:15-7-2. Driving restriction codes [AMENDED]
670:15-7-3. Information displayed on identification cards [AMENDED]
Subchapter 9. EXAMINATION
670:15-9-7. Skills examination [AMENDED]
Subchapter 17. CERTIFIED SCHOOLS AND DESIGNATED CLASS D EXAMINERS
670:15-17-1. Purpose [AMENDED]
670:15-17-3. Definitions [AMENDED]
670:15-17-4. Requirements for certification as a designated examiner; display of certificate; certification renewal [AMENDED]
670:15-17-5. Course of instruction for driver education instructors applying for certification as a designated examiner [AMENDED]
670:15-17-6. Examination requirements and standards [AMENDED]
670:15-17-8. Driver license applicant [AMENDED]
670:15-17-9. Records to be maintained by designated examiners [AMENDED]
670:15-17-10. Records to be maintained at Service Oklahoma [AMENDED]
670:15-17-11. Prescribed forms [AMENDED]
670:15-17-12. Official seal [AMENDED]
670:15-17-14. Termination, withdrawal, or denial of certification [AMENDED]
670:15-17-15. Hearings [AMENDED]
Subchapter 19. PARENT-TAUGHT DRIVER EDUCATION
670:15-19-1. Purpose [AMENDED]
670:15-19-2. Scope and application [AMENDED]
670:15-19-3. Definitions [AMENDED]
670:15-19-4. Requirements and application for certification as a parent-taught driver education course; certification renewal [AMENDED]
670:15-19-6. Course of study and instruction (curriculum) [AMENDED]
670:15-19-7. Prescribed forms [AMENDED]
Subchapter 25. COMMERCIAL DRIVER LICENSE RENEWAL AND REPLACEMENT
670:15-25-2. Procedure for obtaining a replacement driver license in person [AMENDED]
Subchapter 29. COMMERICAL DRIVER LICENSE EXAMINATION
670:15-29-6. Vehicle inspection examination of commercial motor vehicles [AMENDED]
670:15-29-7. Skills examination [AMENDED]
Subchapter 31. COMMERCIAL DRIVER LICENSE THIRD-PARTY EXAMINERS
670:15-31-4. Requirements for certification as a certified school; display of certificate; certification renewal [AMENDED]
670:15-31-5. Requirements for certification as a third-party examiner, display of certificate, certification renewal [AMENDED]
Subchapter 33. TRUCK DRIVER TRAINING
670:15-33-3. School licenses and instructor permits [AMENDED]
670:15-33-4. Qualifications for instructors [AMENDED]
670:15-33-10. Specification for commercial motor vehicles [AMENDED]
670:15-33-12. Reports [AMENDED]
670:15-33-13. Requirements for schools and classrooms [AMENDED]
Subchapter 37. DRIVER EDUCATION INSTRUCTION
670:15-37-3. Driver education instructor permit/license [AMENDED]
670:15-37-4. Qualifications for instructors [AMENDED]
670:15-37-8. Prescribed course of study [AMENDED]
670:15-37-9. Student eligibility [AMENDED]
670:15-37-10. Specification for vehicles [AMENDED]
670:15-37-11. Insurance [AMENDED]
Subchapter 39. PARKING PLACARDS FOR PHYSICALLY DISABLED PERSONS
670:15-39-3. Applications for physically disabled parking placards [AMENDED]
670:15-39-5. Duplication of physically disabled parking placards; replacement of a lost, stolen, or defective physically disabled parking placard [AMENDED]
AUTHORITY:
Service Oklahoma, The Executive Director of Service Oklahoma; 47 O.S. §3-101, 47 O.S. §3-103, 47 O.S. §§ 3-101, 6-101, 6-105, 6-105.3, 6-106, 6-110, 6-122, and 804
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 21, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 23, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 24, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
Driver license services were transferred to Service Oklahoma from the Department of Public Safety, pursuant to 47 O.S. §3-101. The majority of the rule changes are proposed in order to bring the rules into alignment with statutory requirements, including the offering of credentials online and via mail and the information to be displayed on the face of a credential. Additionally, the proposed rules related to designated examiners and related driving skills examination are necessary to ensure compliance with Oklahoma law. The proposed rule changes regarding commercial vehicle inspections and skills examinations would allow for modernized skills testing to better serve those seeking to obtain a commercial driver license.
CONTACT PERSON:
April Kelso, Service Oklahoma, (405) 522-0204
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. CLASS D DRIVER LICENSES AND IDENTIFICATION CARDS
670:15-1-2. Application for Initial Driver License [AMENDED]
(a) Prerequisite. A driver license shall not be issued to any person whose driving privilege is under suspension, revocation, disqualification, cancellation, or denial in this state or any other state or country until such privilege has been reinstated by the state or country withdrawing such privilege [47 O.S. §6-103(A)(3)].
(b) Application for issuance of driver licenses. Information regarding the application for and issuance of driver licenses and identification cards may be obtained by:
(1) Telephone: (405) 425-2300(405) 522-7000
(2) Mail: Service Oklahoma, P.O. Box 11415, Oklahoma City, Oklahoma 73136-0415
(3) In person: Service Oklahoma, Oklahoma City, Oklahoma.
(4) Internet: service.ok.gov
(c) Driver license examinations. Information regarding driver license examination and examination locations may be obtained:
(1) Telephone: (405) 425-2300(405) 522-7000
(2) Mail: Service Oklahoma, P.O. Box 11415, Oklahoma City, Oklahoma 73136-0415
(3) Internet: service.ok.gov.
670:15-1-3. Procedures for obtaining an initial driver license [AMENDED]
(a) Application.
(1) Every applicant for an initial Oklahoma driver license shall appear before a Driver License Examiner or licensed operator [47 O.S. §6-110]. An application for a driver license must be completed either by the applicant at the Driver License Examination Station or online, when an electronic process is made available by Service Oklahoma, prior to the commencement of the required examination. Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct, and the State must retain this declaration. An applicant must sign a new declaration when presenting new source documents to Service Oklahoma or certified licensed operator on subsequent visits. An emergency contact name, address and phone number may be included on the application. [See OAC 670:15-1-17 for more information on emergency contact.]
(2) Upon submitting a completed and approved application, providing proof of identity as provided for in (b) of this Section and proof that the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S., § 1550.42(B)], or having valid documentary evidence of lawful presence in the United States, and meeting all statutory requirements and successfully completing every required examination, the applicant may, if paying with an accepted credit card, be issued a temporary driver license by Service Oklahoma after paying the required fees or proceed to a Certified Licensed Operator and present the approved application form issued by the Driver License Examiner along with the same identification presented to the examiner, and paying the required fees, the applicant will be issued a temporary driver license. The actual license will be mailed to the customer.
(3) For each individual applying for an Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential, the State must take a retain a photograph of the applicant's face and collect and retain the applicant's finger images, with or without the issuance of any type of Oklahoma credential.
(4) A person who has been declared to be a disabled veteran receiving compensation at the 100% rate for a permanent disability shall receive an original, renewal, or replacement driver license or identification card at no charge, upon presentation of one of the following documents:
(A) proof of 100% status from the U.S. Department of Veterans Affairs, or
(B) a tax-exempt card from the Oklahoma Tax Commission showing exemption from state tax based upon 100% status.
(b) Required documents for a REAL ID Compliant Driver License.
(1) Proof of identity. To establish identity, the applicant must present at least one of the following source documents:
(A) Valid, unexpired U.S. passport.
(B) Original or certified copy of the applicant's birth certificate filed with a State Office of Vital Statistics or equivalent agency in the applicant's State of birth.
(C) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350, or FS-545.
(D) Valid, unexpired Permanent Resident Card (Form I-551) issued by the United States Department of Homeland Security (DHS) or United States Citizenship and Immigration Services (USCIS).
(E) Unexpired employment authorization document (EAD) issued by DHS, Form I-766 or Form I-88B.
(F) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States. A temporary visitor status is not valid for credential issuance. The following documents of passport classifications shall be accepted for the purpose of issuing a driver license or identification card:
(i) I-766 Employment Authorization CardA valid, unexpired immigrant or nonimmigrant visa status for admission into the United States,
(ii) I-511 Resident Alien/Permanent Resident Card [see (B)]A pending or approved application for asylum in the United States,
(iii) Temporary I-551Admission into the United States in refugee status,
(iv) A-1A pending or approved application for temporary protected status in the United States,
(v) A-2Approved deferred action status, or
(vi) A-3,A pending application for adjustment of status to legal permanent resident status or conditional resident status.
(vii) DA,
(viii) E-1,
(ix) E-2,
(x) F-1, with Form I-20,
(xi) F-2, with Form I-20,
(xii) G-1,
(xiii) G-2,
(xiv) G-3,
(xv) G-4
(xvi) G-5,
(xvii) H-1A,
(xviii) H-2A,
(xix) H-1B,
(xx) H-2B,
(xxi) H-3
(xxii) H-4
(xxiii) I,
(xxiv) J-1, with IAP-66 or DS-2019,
(xxv) J-2 (dependent of J-1 holder, must be accompanied by J-1 holder),
(xxvi) K-3,
(xxvii) K-4,
(xxviii) L-1(a/b),
(xxix) L-2,
(xxx) M-1, with I-20,
(xxxi) M-2 (dependent of M-1 holder, must be accompanied by M-1 holder),
(xxxii) NATO-1,
(xxxiii) NATO-2,
(xxxiv) NATO-3,
(xxxv) NATO-4,
(xxxvi) NATO-5,
(xxxvii) NATO-6,
(xxxviii) NATO-7,
(xxxix) O-1
(xl) O-2
(xli) O-3
(xlii) P-1
(xliii) P-2
(xliv) P-3
(xlv) P-4
(xlvi) Q-1
(xlvii) R-1
(xlviii) R-2
(xlix) T-1
(l) T-2
(li) T-3
(lii) T-4
(liii) TC, with I-94 or letter form I-797,
(liv) TN-1,
(lv) TN-2,
(lvi) TD,
(lvii) V-1,
(lviii) V-2,
(lix) V-3.
(G) Certificate of Naturalization issued by DHS, Form N-550 or Form N-570.
(H) Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.
(I) REAL ID Compliant driver's license or identification card issued in compliance with the standards established by this part.
(J) Such other documents as DHS may designate by notice published in the Federal Register.
(2) Name Change. If an applicant wishes to establish a name other than the name that appears on the source document (for example, through marriage, adoption, court order, or other mechanism permitted by State law or regulation), the applicant must provide evidence of the name change through the presentation of documents issued by a court, governmental body, or other entity as determined by Service Oklahoma. Service Oklahoma shall maintain copies of the documentation presented and maintain a record of both the recorded name and the name on the source documents as determined by Service Oklahoma. If immigration documents are presented, the customer must provide proof of the updated name change with USCIS or SAVE.
(3) Proof of Date of Birth. To establish date of birth, an individual must present at least one document included in paragraph (1) of this section.
(4) Proof of Social Security Number (SSN). An applicant for a REAL ID Compliant driver license must present his or her Social Security Administration account number in accordance with 6 CFR Part 37. Service Oklahoma or a Licensed Operator must verify the SSN with the Social Security Administration (SSA). In the event of a non-match with SSA, Service Oklahoma shall not issue a REAL ID Compliant driver license until the information is verified with SSA.
(5) Documents demonstrating address of principal residence. To document the address of principle residence, an applicant must present at least two documents of the State's choice that include the individual's name and principal residence. Acceptable documents to prove address of principal residence are:
(A) Copy of previous tax year's federal or Oklahoma income tax return filing.
(B) Current and valid life insurance or automobile liability policy or card with address.
(C) Installment loan contract from a bank or other financial institution, not to include documents reflecting a cash advance or signature loan.
(D) Current Deed, mortgage, monthly mortgage statement, or a residential lease.
(E) Current homeowner's or renter's insurance policy or statement.
(F) Professional license issued by an Oklahoma governmental agency.
(G) Property tax bill or receipt dated within the last 12 months.
(H) Sales tax or business license.
(I) SSA document with Oklahoma street address dated within the last 12 months.
(J) Transportation Security Administration (TSA) letter.
(K) Utility bill from an electric, telephone (home or cell), water, sewer, cable, satellite, heating oil, or propane provider.
(L) Valid handgun permit.
(M) Certified copy of court order.
(N) Oklahoma Boat Title or Registration.
(O) Current documents issued by the US Military.
(P) Oklahoma Motor Vehicle Title or Registration.
(Q) Government-issued Pilot license.
(R) Public assistance benefit card and correspondence dated within the last 12 months.
(S) W-2 wage or 1099 tax form from the previous year.
(T) Oklahoma Registration Card.
(U) Tribal vehicle titles or registration.
(V) Oklahoma high school, college, university, or technology center transcript for current school year or semester.
(W) Oklahoma Agriculture Exemption Permit (farm tax permit).
(X) Correspondence from an Oklahoma State agency with current address dated within the last year.
(Y) If none of the proofs listed in this subsection are available, any other documentation as provided by the Driver License Examiner Supervisor or Director may be substituted to establish the applicant's principal place of residence. The Driver License Examiner shall list the approved alternative documentation on the application form.
(6) Evidence of lawful status in the United States. Service Oklahoma may issue a REAL ID Compliant driver license only to an applicant who has presented satisfactory evidence of lawful status.
(A) If the applicant presents one of the documents listed under paragraph (b)(1), the verification of the applicant's identity will also provide satisfactory evidence of lawful status.
(B) If the applicant presents one of the identity documents listed under paragraph (b)(1) of this section, or the issuing State's verification of the identity document(s) does not provide satisfactory evidence of lawful status, the applicant must also present a second document from documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS. All documents shall be verified by the SAVE.
(c) Required identification for REAL ID Non-Compliant Driver License. Every applicant must provide documentation to show proof of identity [47 O.S. § 6-106(A)(3)], to include whether the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S. § 1550.42(B)], and proof of a full legal name and birth date beyond any reasonable doubt when applying for an initial Oklahoma driver license. Any document furnished must be either an original document or a certified copy of an original document issued by the proper authority; notarized documents will not be accepted. Any document presented shall be unexpired unless otherwise noted in this Section. Any document whose authenticity cannot be verified, or that has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with, or altered in any manner or that cannot be read by the Driver License Examiner shall not be accepted or used for identification purposes. All identification documents must be approved by the Driver License Examiner before acceptance. The Driver License Examiner may, at his or her discretion, request additional identification documentation of the applicant.
(1) Proof of identification for original issuance to a United States citizen. The following shall be presented by the applicant as proof of identification for a citizen of the United States:
(A) The applicant's original or certified birth certificate, as issued by the appropriate state agency from the state of birth. The following documents are not acceptable:
(i) a hospital birth certificate or record,
(ii) a birth registration, or
(iii) an abstract of birth, unless the abstract is issued on secure document paper and contains the following statement: "I hereby certify that this abstract of birth facts has been provided to this office by the Department of Health, Bureau of Vital Statistics, from a document officially in its custody",
(B) A United States passport,
(C) For a United States citizen who is born in another country, a certification issued by the United States Department of State,
(D) For a naturalized citizen of the United States, a Certificate of Naturalization issued by the United States Citizenship and Immigration Service. The name of the document must be the same as the name used by the applicant on the Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential, and for every person born in another country and adopted as a minor child by a United States citizen parent, a Certificate of Citizenship issued by the United States Citizenship and Immigration Service,
(E) An Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential issued by Service Oklahoma when legal presence has been noted in record on or after November 1, 2007,
(F) A State of Oklahoma identification card issued by Service Oklahoma when legal presence has been noted in record on or after November 1, 2007, or
(G) If none of the forms of identification listed in this Subsection are available, any other documentation as approved by the Driver License Examiner Supervisor, Administrative Officer or Director. The Driver License Examiner shall list the approved documentation on the application form.
(2) Proof of identification for renewal or replacement issuance to a United State citizen. The following shall be presented by the applicant as primary proof of identification for a citizen of the United States:
(A) Finger image comparison, if a finger image is already on file with Service Oklahoma, or
(B) Any proof of identification listed in (1) of this Section.
(3) Proof of identification for original, renewal, or replacement issuance of a foreign national or legal permanent resident alien. As proof of identification and proof of lawful presence in the United States for a foreign national or legal permanent resident alien, an applicant shall present, in person, valid documentary evidence of one of the following:
(A) A passport issued by a country other than the United States and I-94 card, when applicable. The name on the passport shall be the same as the name used by the applicant on the driver license or identification card. An I-94 card, which shall be accompanied by the applicant's passport when applicable, shall not be considered a separate identification document. A temporary visitor status is not valid for credential issuance. The following documents or passport classifications shall be accepted for the purpose of issuing a driver license or identification card:
(i) I-766 Employment Authorization CardA valid, unexpired immigrant or nonimmigrant visa status for admission into the United States,
(ii) I-551 Resident Alien/Permanent Resident Card [see (B)]A pending or approved application for asylum in the United States,
(iii) Temporary I-551Admission into the United States in refugee status,
(iv) A-1A pending or approved application for temporary protected status in the United States,
(v) A-2Approved deferred action status, or
(vi) A-3,A pending application for adjustment of status to legal permanent resident status or conditional resident status.
(vii) DA,
(viii) E-1,
(ix) E-2,
(x) F-1, with Form I-20,
(xi) F-2, with Form I-20,
(xii) G-1,
(xiii) G-2,
(xiv) G-3,
(xv) G-4,
(xvi) G-5,
(xvii) H-1A,
(xviii) H-2A,
(xix) H-1B,
(xx) H-2B,
(xxi) H-3,
(xxii) H-4,
(xxiii) I,
(xxiv) J-1, with IAP-66 or DS-2019,
(xxv) J-2 (dependent of J-1 holder, must be accompanied by J-1 holder),
(xxvi) K-3,
(xxvii) K-4,
(xxviii) L-1(a/b),
(xxix) L-2,
(xxx) M-1, with I-20,
(xxxi) M-2 (dependent of M-1 holder, must be accompanied by M-1 holder),
(xxxii) NATO-1,
(xxxiii) NATO-2,
(xxxiv) NATO-3,
(xxxv) NATO-4,
(xxxvi) NATO-5,
(xxxvii) NATO-6,
(xxxviii) NATO-7,
(xxxix) O-1
(xl) O-2
(xli) O-3
(xlii) P-1
(xliii) P-2
(xliv) P-3
(xlv) P-4
(xlvi) Q-1
(xlvii) R-1
(xlviii) R-2
(xlix) T-1
(l) T-2
(li) T-3
(lii) T-4
(liii) TC, with I-94 or letter form I-797,
(liv) TN-1,
(lv) TN-2,
(lvi) TD,
(lvii) V-1,
(lviii) V-2,
(lix) V-3; or
(B) A permanent resident alien registration card issued by the United States Citizenship and Immigration Service (USCIS) which shall include the full, legal name, sex, and date of birth of the person identified on the card. The full, legal name, sex, and date of birth on the card shall be the full, legal name, sex, and date of birth used by the applicant on the driver license or identification card. A permanent resident alien registration card holder shall be allowed to renew his or her driver license or identification card at a Service Oklahoma location, provided, no changes are made to the full, legal name, sex, or date of birth. If, pursuant to 8 C.F.R., Section 264.5, a permanent resident alien registration card holder requests a name, sex, or date of birth change to his or her driver license or identification card, the changes shall be made at a driver license exam site with the applicant showing approved documentation provided by USCIS verifying the changes; or
(C) If none of the forms of identification listed in this Subsection are available, any other documentation as approved by the Driver License Examiner Supervisor, Administrative Officer, or Director. The Driver License Examiner shall list the approved documentation on the application form.
(D) A pending application for any of the above documents shall not satisfy the requirements of this rule and shall not be acceptable for issuance of an original, renewal, or replacement identification card or driver license. Provided this provision shall not apply to the following:
(i) A pending or approved application for asylum in the United States; or
(ii) A pending or approved application for temporary protected status (TPS) in the United States; or
(iii) A pending application for adjustment of status to legal permanent residence status or conditional resident status.
(4) Additional identification requirements. Service Oklahoma may require additional identification documents:
(A) when Service Oklahoma is unable to determine the reliability or validity of the identification document(s) presented, or
(B) as provided in OAC 670:15-1-16.
(d) Driver license numbers.
(1) Driver license numbers shall be assigned by computer. Use of the applicant's SSN as the driver license number is prohibited [47 O.S. § 6-106(B)]; provided, every applicant shall provide Service Oklahoma with the Social Security number of the applicant [47 O.S. § 6-106(B)(12)], which shall be verified, in accordance with 6 CFR Part 37, before a driver license shall be issued to the applicant. Verification shall be accomplished using the Social Security On-line Verification (SSOLV) system. Service Oklahoma shall refer any applicant to the SSA whenever the SSN cannot be verified for the applicant.
(2) Any licensee may request to change his or her driver license number to any nine-digit number which is not in use or has not been previously used by making a written request to Service Oklahoma. Upon approval by Service Oklahoma, the licensee shall obtain a replacement driver license from a licensed operator, and the licensee shall pay the required fee for the replacement license [OAC 670:15-1-10].
670:15-1-5. Graduated driver license; persons under eighteen (18) years of age [AMENDED]
(a) Purpose. The purpose of this Section is to establish the procedures for a person under the age of eighteen (18) years to apply for and be issued a Class D driver license and whose parent has not filed an objection with Service Oklahoma prohibiting the licensing of the person [47 O.S. § 6-103.1].
(b) Exclusions. This Section does not apply to motorcycles and other motor-driven cycles.
(c) Learner Permit. A person at least 15 1/2 but less than 16, who is currently receiving instruction in or has successfully completed a driver education course, or a person at least 16, with or without driver education, may make application to Service Oklahoma for a Learner Permit. Service Oklahoma will issue a Learner Permit under this subsection if Service Oklahoma approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].
(1) Application requirements. The customer shall meet the following requirements before Service Oklahoma grants driving privileges to operate a Class D motor vehicle and issues a learner permit to the person.
(A) The applicant shall provide proof of identity and other required documentation [see subsection (B)], submit all application information, sign the application, and successfully pass the vision and written tests. The applicant shall have his or her driver license application signed by a legal custodial parent or legal guardian of the applicant either in person before a person authorized to administer oaths, if electronically completing an online application or submit a notarized affidavit approved by Service Oklahoma that is signed by a custodial legal parent or legal guardian [47 O.S. § 6-107(A)].
(B) For an applicant at least 15 1/2 years of age but less than 16 years of age, documentation of attendance or successful completion of a driver education course as defined in 47 O.S. § 6-105(C)(1) shall be submitted. If the applicant is 16 years of age or older and has successfully completed a driver education course, the documentation may be submitted. Documentation of attendance shall be the certificate of enrollment issued to the person from the driver education instructor, a signed contract or an attendance card issued for the person by the commercial driver education school, or an approved application for parent-taught driver education from Service Oklahoma and a receipt of purchase from a parent-taught driver education provider. Documentation of completion shall be the completion certificate issued to the person from the driver education instructor, a completion certificate issued to the person by the commercial driver education school, or a completion certificate from a parent-taught driver education provider. Any applicant who has completed driver education at a public high school in a state other than Oklahoma shall be required to obtain a completion certificate issued by the Oklahoma high school in which he or she is currently enrolled. Proof of driver education from an out-of-state commercial driver education program may be accepted.
(2) Driving restrictions. The permittee is authorized to operate a Class D motor vehicle between the hours of 5:00 a.m. and 10:00 p.m. and only while accompanied by a licensed driver who is at least twenty-one (21) years of age and who is actually occupying a seat beside the permittee [47 O.S. § 6-105(C)(2)]; provided, the license of the accompanying driver shall be current and valid.
(3) Other information. During the period the permittee is issued and possesses a Learner permit, the custodial legal parent or legal guardian shall ensure that the permittee has received a minimum of fifty (50) hours of actual behind-the-wheel training, of which at least (10) hours of such training was at night, from a licensed driver who was at least twenty-one (21) years of age and who was properly licensed to operate a Class D motor vehicle for a minimum of two (2) years [47 O.S. §6-105(D)(1)];provided, the license of the driver providing behind-the-wheel training shall be current and valid.
(d) Intermediate License. When a permittee has applied for, been issued, and has possessed a Learner Permit for a minimum of six (6) monthsone hundred and eighty (180) days [47 O.S. §6-105(D)(1)], the permittee may apply to Service Oklahoma for an Intermediate License.
(1) Application requirements. The permittee shall meet the following requirements before Service Oklahoma grants driving privileges to operate a Class D motor vehicle and issues an Intermediate License to the permittee.
(A) The permittee shall provide proof of identity and successfully pass the driving skills tests,
(B) The person must not have been, within the previous 6 months, convicted of, pled guilty to, or pled no contest to any moving vehicle violation [47 O.S. § 6-105(D)],
(C) the permittee's parent or legal guardian shall certify to Service Oklahoma by sworn affidavit that the permittee has received a minimum of fifty (50) hours of actual behind-the-wheel training, of which at least ten (10) hours of such training was at night, from a licensed driver who was at least twenty-one (21) years of age and who was properly licensed to operate a Class D motor vehicle for a minimum of two (2) years [47 O.S. §6-105(D)]; provided, the license of the driver providing behind-the-wheel training shall be current and valid, and
(D) for a person who was issued a learner permit and who was less than 16 years of age at the time of issuance pursuant to (c)(1)(B)(iii), documentation of successful completion of a driver education course as defined in 47 O.S. § 6-105(C)(1) shall be submitted. Documentation of completion shall be the completion certificate issued to the person from the driver education instructor or a completion certificate issued to the person by the commercial driver education school. If such documentation is not presented, the person shall not be eligible for issuance of an intermediate license until the person is at least 16 1/2 years of age.
(2) Driving restrictions. The intermediate licensee shall be:
(A) restricted to driving:
(i) only between the hours of 5:00a.m. and 10:00 p.m., except for driving to and from work, school, school activities, and church activities, or
(ii) at any time, if a licensed driver who is at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee; provided the license of the accompanying driver shall be current and valid, and
(B) shall not operate a motor vehicle with more than one passenger unless all passengers live in the same household as the custodial legal parent or legal guardian, or a licensed driver at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee; provided the license of the accompanying driver shall be current and valid [47 O.S. § 6-105(D)(2)].
(e) Class D driver license. An intermediate licensee may apply to Service Oklahoma for a Class D driver license if the licensee has applied for, been issued, and possessed an Intermediate License for a minimum of:
(1) one (1) year, or
(2) six (6) months, if the person has completed both the driver education and the parent-certified behind-the-wheel training provisions of 47 O.S. §6-105(D)(1)(b) [47 O.S. § 6-105(E)].
(A) Application requirements. The licensee shall meet the following requirements before Service Oklahoma grants driving privileges to operate a Class D motor vehicle and issues a Class D driver license to the licensee.
(i) The licensee shall provide proof of identity and successfully pass the driving skills tests;
(ii) The licensee must not have been convicted of, pled guilty to, or pled no contest to any moving vehicle violation [47 O.S. § 6-105(D)(1)(b)]; and
(iii) for a person who has completed both driver education and the parent-certified behind-the-wheel training, documentation shall be submitted. Documentation of completion of a driver education course as defined in 47 O.S. § 6-105(C)(1) shall be the completion certificate issued to the person from the driver education instructor or a completion certificate issued to the person by the commercial driver educational school. Documentation of completion of parent-certified behind-the-wheel training shall be by affidavit signed by the parent and approved by Service Oklahoma.
(B) Driving restrictions. Service Oklahoma, upon recommendations by the Department of Public Safety, may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113].
(f) Persons licensed by another jurisdiction. A person who, at the time of application, is licensed by another jurisdiction, or whose license is expired not more than 6 months past the expiration date listed on the license, may apply for driving privileges under this Section. As used in this subsection, "another jurisdiction" means one of the fifty (50) states, the District of Columbia, or a Canadian province.
(1) Learner Permit. If the person is operating under a learner permit, or equivalent, issued by another jurisdiction, the person may apply for:
(A) A Leaner Permit, as provided in subsection (c); provided, a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit; or
(B) An Intermediate License, as provided in subsection (d), if driving privileges granted by another jurisdiction have been in effect for a minimum of six (6) months; provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License.
(2) Intermediate License. If the person is operating under an intermediate license, or equivalent, issued by another jurisdiction, the person may apply for:
(A) A Learner Permit, as provided in subsection (c); provided a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit;
(B) An intermediate License, as provided in subsection (d); provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License; or
(C) A Class D Driver License, as provided in subsection (e), if driving privileges granted by another jurisdiction have been in effect for a minimum of twelve (12) months; provided, a person who is less than sixteen and one half (16 1/2) years of age shall not be issued a Class D Driver License.
(3) Class D Driver License. If the person is operating under a Class D Driver License, or equivalent, issued by another jurisdiction, the person may apply for:
(A) A Learner Permit, as provided in subsection (c); provided a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit;
(B) An intermediate License, as provided in subsection (d); provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License; or
(C) A Class D Driver License, as provided in subsection (e), if driving privileges granted by another jurisdiction have been in effect for a minimum of twelve (12) months; provided, a person who is less than sixteen and one half (16 1/2) years of age shall not be issued a Class D Driver License.
(4) Considerations.
(A) Credit shall be given for the time driving privileges have been granted and in effect, as evidenced by another jurisdiction. Evidence of driving privileges shall be confirmed by the issuance date on the permit or license from another jurisdiction, by the issuance date provided by the other jurisdiction, or both; provided, the earliest date shall be the date used to calculate credit.
(B) Examinations may be waived as provided in OAC 670:15-9-7.
(g) Farm Permit. A person at least 14 but less than 17 years of age, who currently either lives on or is employed for compensation on a farm in the state, may make application to Service Oklahoma for a Farm Permit. Service Oklahoma will issue a Farm permit under this subsection if Service Oklahoma approves the application and if the person successfully passes all required examinations and is otherwise eligible for the Farm Permit [47 O.S. §6-105].
(1) Application requirements. The customer shall meet the following requirements before Service Oklahoma grants driving privileges.
(A) The applicant shall provide proof of identity and other required documentation, submit all application information, sign the application and successfully pass the vision, written, and driving skills tests. The applicant must also successfully complete the Work Zone Safe course created by the Oklahoma Department of Transportation. The applicant shall have his or her driver license application signed by a legal custodial parent or legal guardian of the applicant either in person before a person authorized to administer oaths, if electronically completing an online application or submit a notarized affidavit approved by Service Oklahoma that is signed by a custodial legal parent or legal guardian [47 O.S. § 6-107(A)].
(B) Applicants must also provide proof that he or she resides or works on a farm in this state by submitting either a completed Parent or Employer Affidavit and an agricultural exemption permit issued by the Oklahoma Tax Commission.
(2) Driving restrictions. The permittee is subject to all restrictions set forth in Oklahoma statues.[47 O.S. §6-105].
670:15-1-7. Procedure for obtaining a renewal driver license [AMENDED]
(a) General requirements. During the month of expiration or as provided in (d) of this Section, each licensee shall present proper identification and pay the required fee to a Licensed Operator or to Service Oklahoma for renewal of the driver license of the licensee. Failure to renew a driver license by the end of the month of expiration shall not relieve the person of the obligation to renew his or her driver license under the provisions required by law and this Section if the person wishes to keep his or her driver license in force.
(b) Required identification.
(1) Renewal with valid and unexpired REAL ID Non-Compliant driver license. The valid and unexpired Class D license provided as the identification, as prescribed in OAC 670:15-1-3, may be retained by the licensee, after the Licensed Operator or Driver License Examiner has first punched a hole through the identification number of the license or cut off the bottom right corner of the card.
(2) Renewal with a REAL ID Non-Compliant expired driver license. The expired Class D driver license provided as identification may be retained by the licensee, after the Licensed Operator or Driver License Examiner has first punched a hole through the identification number of the license or cut off the bottom right corner of the card. The licensee shall provide identification as prescribed in OAC 670:15-1-3, as appropriate. Any licensee with a license expired not more than one (1) yearthree (3) years past the expiration date must show proof of legal presence in this country unless legal presence has previously been noted Service Oklahoma records. If Licensed Operator is not Birth Certificate certified or REAL ID certified the applicant must got to a Licensed Operator who is certified or they must see a Driver License Examiner may renew with the expired credential.
(3) Renewal without driver license. Any person who does not have the valid and unexpired driver license shall provide identification as prescribed in OAC 670:15-1-3(b) for a Real ID Compliant or 670:15-1-3(c) for a Real ID Non-Compliant driver license.
(4) Renewal of a Real ID Compliant Driver License. The licensee must surrender the Real ID Compliant driver license if available [47 O.S. §6-101(T)] and provide identification as required in OAC 670:15-1-3(b).
(c) Vision examination. Persons holding a commercial driver license shall, upon renewal, meet the vision standards established in OAC 670:15-11-7 and 49 C.F.R. §391.41.
(d) Limitations to issuance of a renewal driver license.
(1) A renewal driver license will be issued only to an individual whose driving privilege is not under suspension, revocation, disqualification, cancellation, or denial, and who complies with this Section.
(2) Any licensee who requests a renewal of his or her driver license when the license has been expired in excess of three (3) years is required to appear before a Driver License Examiner, pursuant to OAC 670:15-1-2.
(e) Early renewal of a driver license. Any licensee may renew his or her driver license no more than one (1) year prior to the expiration date.
(f) Change of driver license number.
(1) Use of the licensee's SSN as the driver license number is prohibited. At the time of renewal, any licensee whose driver license number is his or her Social Security number shall inform Service Oklahoma or the Licensed Operator of that fact. If the numbers are the same, a new driver license number will be assigned for the licensee by computer [47 O.S. § 6-106(B)].
(2) Any licensee may request to change his or her driver license number to any nine-digit number by making a written request to Service Oklahoma. Upon approval by Service Oklahoma, the licensee shall obtain a replacement driver license from a Licensed Operator, and the licensee shall pay the required fee for the replacement license [see OAC 670:15-1-10 regarding replacement driver licenses].
(g) Persons who may appear before a licensed operator. An individual, who has previously held an Oklahoma Class D driver license that has been surrendered to another state in exchange for the other state's license, may apply directly to a Licensed Operator for reactivation of the previous Oklahoma Class D license, upon establishing Oklahoma residence and following the applicable procedure for renewal. The licensed operator shall call Service Oklahoma and request clearance to issue the license. Any customer with a license expired more than one (1) year past the expiration date must show proof of legal presence in this country unless legal presence has previously been noted in Service Oklahoma records. If the Licensed Operator's employee is not Birth Certificate certified or Real ID Certified the applicant must got to a Licensed Operator who is certified or they must see a Driver License Examiner. If the clearance is given by Service Oklahoma, the person shall surrender the out of state license to the licensed operator, and the licensed operator shall issue the Oklahoma license. In no case shall the out of state license be retained by the person when an Oklahoma license has been issued to the person. The licensed operator shall retain the license and submit it to Service Oklahoma with the licensed operator's report. If clearance is not given, the person shall be informed to contact the state whose action is causing the clearance to be withheld.
(h) Persons unable to appear due to medical situation. An individual, who is an Oklahoma resident and who is located within the state, may declare in writing to Service Oklahoma that, because of a medical reason or condition, he or she is unable to appear in person to renew his or her driver license, in which case Service Oklahoma shall issue by mail an identification card to the person and shall not issue a driver license. The driver license shall be surrendered by the individual to Service Oklahoma prior to issuance of the identification card. The individual shall provide identification as prescribed in OAC 670:15-1-3(b) for a Real ID Compliant or OAC 670:15-1-3(c) for a Real ID Non-Compliant credential. A REAL ID Non-Compliant driver license cannot be surrendered for a REAL ID Compliant identification card. A REAL ID Compliant identification card shall not be issued if there is any material change in any personally identifiable information since prior issuance and Service Oklahoma shall take an updated photograph of the customer, no less frequently than every sixteen (16) years.
(i)(h) Renewing driver license – not in person. Service Oklahoma may create an alternative method where any Oklahoma Class D driver license holder may apply to Service Oklahoma to renew his or her Class D driver license without appearing in person as provided in this Section.
(1) The Class D driver license holder shall make application online, when such process is made available, or in writing to Service Oklahoma and shall submit to Service Oklahoma:
(A) copies of documentary evidence of the applicant's name and date of birth as required by OAC 670:15-1-7. If a material change is requested for a Real ID Non-Compliant driver license, certified copies of the required documents must be submitted. A material change means any change to the personally identifiable information of an induvial, such as their name or driver license number. If the applicant wants these documents returned they are to enclose a self-addressed, stamped envelope. A material change does not include a change of address;
(B) A Real ID Compliant license requiring a material change must be done in person;
(C) the customer's Class D driver license number;
(D) both the Oklahoma residence address, Oklahoma mailing address, or temporary mailing address with the expiration date of the temporary mailing address. If an expiration date is not provided for the temporary mailing address, the system will default to an expiration date of thirty (30) days from the issuance of the Oklahoma credential;
(E) the applicant's signature.
(2) Submission of the items required in (1) shall be made either by first class mail: to Service Oklahoma, PO Box 11415, Oklahoma City, OK 73136 or through the online application process.
(3) Method of payment shall be made by mailing in the form of a cashier's check, credit card, personal check, or money order, or other method deemed acceptable by Service Oklahoma. No personal checks or other forms of payment will be accepted.
(4) If Service Oklahoma approves the renewal Class D driver license without appearing in person, pursuant to the requirements of this chapter, and: if the digital photograph and digital signature of the customer are available from the files of Service Oklahoma, Service Oklahoma shall create the renewal Class D driver license using that photo and signature.
(5) Service Oklahoma may mail the renewal Class D driver license only to an applicant who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self – addressed stamped envelope.
(6) If Service Oklahoma denies the renewal Class D driver license to the applicant pursuant to this Section, Service Oklahoma shall notify the applicant in writing of the denial, the reason for the denial, return any payment submitted by the applicant, and the applicant shall be required to either resubmit an online application or appear in person for the renewal of the Class D driver license.
(7) A renewal Class D driver license without appearing in person shall be approved for no more than three (3) consecutive renewals or replacements of such license. A fourthone (1) four year term and only if the immediately preceding issuance transaction was done in person. The next consecutive renewal or replacement must be done in person.
670:15-1-10. Procedure for obtaining a replacement driver license [AMENDED]
(a) General requirements. Any person requiring a replacement Class D driver license because the license was lost, stolen, or mutilated or because information on the license needs to be changed may request a licensed operator to issue a replacement, upon presentation of proper identification and payment of the required fee. A CDL license holder must see a Driver License Examiner.
(b) Required identification to replace lost, stolen, or mutilated license. Any person shall provide both primary and secondary identification as prescribed in OAC 670:15-1-3(b) for a Real ID Compliant license or OAC 670:15-1-3(c) for a Real ID Non-Compliant license.
(c) Required identification to change information and replace a license.
(1) Name change. Any person who requests a replacement driver license in order to make a name change shall comply with the primary and secondary identification requirements prescribed in OAC 670:15-1-3(b) for a Real ID Compliant license or OAC 670:15-1-3(c) for a Real ID Non-Compliant license in order to identify the person by his or her former name and with OAC 670:15-1-16 in order to identify the person by his or her new name. The former name shall be entered into the " Alias" field in the driver license database to provide historical information to Service Oklahoma. The person requesting the name change for a Real ID Non-compliant license may retain the old license, if it is available and is a Class D driver license, after the licensed operator has first punched a hole through the identification number of the license or has cut off the lower right corner of the license.
(2) Address change. Any person who requests a replacement driver license in order to make an address change shall provide both primary and secondary identification as prescribed in OAC 670:15-1-3(b) for a Real ID Compliant license or OAC 670:15-1-3(c) for a Real ID Non-Compliant license. The person requesting the address change may retain the old Real ID Non-Compliant license, if it is available, after the licensed operator has first punched a hole through the identification number of the license or has cut off the lower right corner of the license. An address change shall be made only to an Oklahoma address. Proof of residency approved by Service Oklahoma must be provided for a Real ID Compliant license.
(3) Endorsement or restriction change. Any person who requests a replacement driver license in order to change endorsement or restriction information on the license shall provide both primary and secondary identification as prescribed in OAC 670:15-1-3(b) for a Real ID Compliant license or OAC 670:15-1-3(c) for a Real ID Non-Compliant license. The person requesting the information change may retain the old Real ID Non-Compliant license, if it is available, after the licensed operator has first punched a hole through the identification number of the license or has cut off the lower right corner of the license.
(d) Limitations to issuance of a replacement driver license. A replacement driver license will be issued only to an individual whose driving privilege is not under suspension, revocation, disqualification, cancellation, or denial and who complies with this Section. In addition, a person may not apply for, and Service Oklahoma shall not issue, a renewal or replacement driver license while the parson's license, permit or other evidence of driving privileges is in the custody of a law enforcement officer or the Department. [47 O.S. §6-303(G)].
(e) Change of driver license number.
(1) Use of the licensee's Social Security number as the driver license number is prohibited. At the time of replacement, any licensee whose driver license number is his or her social security number shall inform Service Oklahoma or the licensed operator of that fact. If the numbers are the same, a new driver license number will be assigned for the licensee by computer [47 O.S. § 6-106(B)].
(2) Any licensee may request to change his or her driver license number to any nine-digit number by making a written request to Service Oklahoma. Upon approval by Service Oklahoma, the licensee shall obtain a replacement driver license from a licensed operator, and the licensee shall pay the required fee for the replacement.
(f) Persons unable to appear due to medical situation. An individual, who is an Oklahoma resident and who is located within the state, may declare in writing to Service Oklahoma that, because of a medical reason or condition, he or she is unable to appear in person to replace his or her driver license, in which case Service Oklahoma shall issue by mail an identification card to the person and shall not issue a driver license. The driver license shall be surrendered, if available, by the individual to Service Oklahoma prior to issuance of the identification card. The individual shall provide both primary and secondary identification as prescribed in OAC 670:15-1-3(b) for a Real ID Compliant license or OAC 670:15-1-3(c) for a Real ID Non-Compliant license. A REAL ID non-compliant driver license cannot be surrendered for a REAL ID compliant identification card. A REAL ID compliant card shall not be issued if there is any material change in any personally identifiable information since prior issuance and Service Oklahoma shall take an updated photograph of the applicant, no less frequently than every sixteen years.
(g) Replacing driver license - not in person. Service Oklahoma may create an alternative method where any Oklahoma Class D driver license holder may apply to Service Oklahoma to replace his or her Class D driver license without appearing in person as provided in this Section.
(1) The Class D driver license holder shall make application online or in writing to Service Oklahoma and shall submit to Service Oklahoma:
(A) copies of documentary evidence of the customer's name and date of birth,
(B) the customer's Class D driver license number,
(C) both the Oklahoma residence address and Oklahoma mailing address with the specification as to which address is to be displayed on the license (display of both the residence address and mailing address, or any combination thereof, is prohibited; provided, this subsection shall not be construed to prohibit display of a residence address if it is also the mailing address); provided, if the address is different than the address on record with Service Oklahoma, the applicant must submit a change address request to Service Oklahoma online at service.ok.gov and
(D) the number of a nationally-recognized credit card and authorization for the required fee for the replacement Class D driver license to be paid by the customer to Service Oklahoma using the credit card; and
(E) the applicant's signature.
(2) Submission of the items required in paragraph (1) shall be made in one of the following manners:
(A) online application: service.ok.gov,
(B) by first class mail: Service Oklahoma, PO Box 11415, Oklahoma City, OK 73136
(3) Method of payment:
(A) online: if the applicant is submitting their application online they may only pay by credit card.
(B) by mail: if the applicant is submitting their application by mail they must include a personal check, cashier's check or money order along with the required documents. No personal checks or other forms of payment will be accepted.
(4) If Service Oklahoma approves the replacement Class D driver license without appearing in person, pursuant to the requirements of this chapter, and if the digital photograph and digital signature of the applicant are available from the files of Service Oklahoma, Service Oklahoma shall create the replacement Class D driver license using that photo and signature.
(5) Service Oklahoma may mail the renewal Class D driver license only to an applicant who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self-addressed stamped envelope
(6) If Service Oklahoma denies the replacement Class D driver license to the applicant pursuant to this Section, Service Oklahoma shall notify the customer in writing of the denial, the reason for the denial, return any payment submitted by the applicant, and the applicant shall be required to either resubmit an online application or appear in person for the replacement Class D driver license.
(7) A replacementrenewal Class D driver license without appearing in person may apply shall be approved for no more than three (3) consecutive renewals or replacements of such license by mail or online. A fourthone (1) four year term and only if the immediately preceding issuance transaction was done in person. The next consecutive renewal or replacement must be done in person.
(A) If a material change is requested for a Real ID Non-compliant license, the original or certified copies of the required documents must be submitted. A material change means any change to the personally identifiable information of an individual, such as their name or driver license number. A material change does not include a change of address. If the customer wants these documents returned they are to enclose a self-addressed, stamped envelope.
(B) A Real ID Compliant license requiring a material change must be done in person.
(C) Such replacement shall be approved only when the immediately previous renewal was in person. Provided, any person or the spouse or dependent of a person:
(i) who is on active duty with the Armed Forces of the United States; or
(ii) who is currently employed as a civilian contractor with the Armed Forces of the United States, living outside of Oklahoma and having a valid Class D driver license issued by the State of Oklahoma, requiring no material change, may apply for no more than three (3) consecutive renewals or replacements of such license by mail or online. A fourth consecutive renewal or replacement must be done in person.
670:15-1-11. Oklahoma licensee temporarily residing out of state [AMENDED]
(a) Any Oklahoma licensee who is temporarily residing out of the state may request Service Oklahoma to replace his or her license by mail. The Oklahoma licensee shall mail:
(1) copies of documentary evidence of his or her name and date of birth as required by OAC 670:15-1-7 (documents sent for verification will not be returned; therefore, original documents should not be sent). If a material change is requested, the original or certified copies of the required documents must be submitted. A material change means any change to the personally identifiable information of an individual, such as their name or driver license number. A Real ID Compliant card may not be issued by mail if there is a material change. A material change does not include a change of address,
(2) his or her driver license number,
(3) both Oklahoma residence address and Oklahoma mailing address. If the address is different than the address on record at Service Oklahoma, the customer must submit a change address request to Service Oklahoma online at service.ok.gov, and
(4) the required fee for a driver license replacement, along with his or her out-of-state address to Service Oklahoma, P.O. Box 11415, Oklahoma City, Oklahoma 73136-0415
(b) If Service Oklahoma approves the replacement by mail, in accordance with 47 O.S. §6-122, Service Oklahoma shall create the replacement license using the most recent digital photograph and digital signature of the licensee available from the files of Service Oklahoma. A renewal or replacement may only be requested up to three consecutive timesif the immediately preceding issuance transaction was done in person.
(c) Service Oklahoma shall mail the replacement temporary license to the out-of-state address provided by the licensee. The permanent license will also be mailed to the out-of-state address provided by the licensee.
(d) If Service Oklahoma denies the replacement by mail, Service Oklahoma shall notify the licensee in writing of the denial and the reason for the denial.
670:15-1-12. Procedure for obtaining an identification card [AMENDED]
(a) A person wishing to obtain an identification card shall appear before a Driver License Examiner, or, if the applicant has a valid and unexpired Oklahoma driver license, may appear before a Licensed Operator. When applying for a REAL ID Compliant identification card, the applicant shall be required to furnish the same acceptable means of identification and other documents as when applying for a driver license (including a valid social security number) as prescribed in OAC 670:15-1-3(b) and OAC 670:15-1-3 (c). A REAL ID Compliant identification card cannot be issued if the applicant has a REAL ID Compliant driver license. When applying for a REAL ID Non-Compliant identification card the applicant must provide the same acceptable means of identification as required when applying for a REAL ID Non-Compliant driver license as prescribed in OAC 670:15-1-3 (c) unless the applicant provides a valid and unexpired Oklahoma driver license which shall serve as identification for the purposes of obtaining a REAL ID Non-Compliant Oklahoma identification card [47 O.S. § 6-106(G)] and complete the application form unless the applicant has been previously issued an original Oklahoma driver license.
(b) If appearing before a Driver License Examiner, the Examiner will complete and, if appropriate, will approve the identification card application. The approved application form will be processed for the applicant. The applicant shall take the approved application form, along with the identification presented to the Driver License Examiner at application time, to a Licensed Operator or Service Oklahoma and pay the required fee. If applicant is under age eighteen (18) and has not been issued a computerized format (digital) driver license may submit a notarized affidavit signed by a custodial legal parent or legal guardian in lieu of custodial legal parent or legal guardian appearing in person and signing application [47 O.S. § 6-105.3(A)].
(c) When appearing before a Licensed Operator, the Licensed Operator shall process the application for the applicant, collect the required fee from the applicant, and issue the temporary identification card to the applicant.
(d) An identification card may be issued as prescribed in OAC 670:15-1-7 and 670:15-1-10.
(e) Identification card numbers will be assigned by computer. Although the applicant must submit a valid social security number in accordance with 6 CFR Part 37 when applying for an identification card, the use of the applicant's SSN on the identification card is prohibited [47 O.S. § 6-106(B)].
(f) An individual, who is an Oklahoma resident and who is located within the state, may declare in writing to Service Oklahoma that, because of a medical reason or condition, he or she is unable to appear in person to renew his or her identification card, in which case Service Oklahoma shall issue by mail a REAL ID Non-Compliant identification card to the person. The individual shall provide identification as prescribed in OAC 670:15-1-3 unless the individual provides a valid and unexpired Oklahoma driver license which shall serve as identification for the purposes of renewing the Oklahoma identification card [47 O.S. § 6-106(G)].
670:15-1-13. Procedure for obtaining a renewal identification card [AMENDED]
(a) General requirements. During the month of expiration or as provided in (c) of this Section, any identification card holder, who wishes to keep his or her identification card in force, may present proper identification to a Licensed Operator and pay the required fee. REAL ID Non-Compliant Identification cards issued to individuals who have attained the age of 65 or older are issued for an indefinite period of time and are not subject to this Section. Failure to renew an identification card during the month of expiration shall not relieve the person of the obligation to renew the identification card under the provisions required by law and this Section if the person wishes to keep the identification card in force.
(b) Required identification.
(1) Renewal with expiring or expired identification card. The expiring or expired REAL ID Non-Compliant identification card provided as proof of identification may be retained by the cardholder, after a hole has been punched through the identification number of the card or the lower right corner of the card has been cut off by either a Licensed Operator or a Driver License Examiner.
(2) Renewal without identification card. Any person who does not have the expiring or expired identification card shall provide both primary and secondary identification as prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant identification card or OAC 670:15-1-3(c) for a REAL ID Non-Compliant identification card.
(c) Early renewal of an identification card. Any identification card holder may renew his or her identification card not more than one (1) year prior to the expiration date.
(d) Change of identification card number. Although the applicant must submit a valid social security number, the use of the cardholder's SSN as the identification card number is prohibited.
(e) Persons who may appear before a motor license agentlicensed operator. An individual who has previously held an Oklahoma identification card may apply directly to a Licensed Operator for renewal of the previous Oklahoma identification card, upon establishing Oklahoma residence and following the applicable procedure for renewal.
(f) Renewing identification card - not in person. Service Oklahoma may create an alternative method where any Oklahoma Identification card holder may apply to Service Oklahoma to renew his or her identification card without appearing in person as provided in this Section.
(1) The Identification card holder shall make application online, when online application is made available by Service Oklahoma, or in writing to Service Oklahoma and shall submit to Service Oklahoma:
(A) copies of documentary evidence of the applicant's name and date of birth,
(B) the applicant's Identification card number,
(C) both the Oklahoma residence address and Oklahoma mailing address. If applicable, the temporary mailing address with the expiration date of the temporary mailing address. If an expiration date is not provided for the temporary mailing address, the system will default to an expiration date of thirty (30) days from the issuance of the renewed Oklahoma credential, and
(D) the applicant's signature.
(2) Submission of the items required in (1) shall be made in one of the following manners:
(A) online application, when online application is made available by Service Oklahoma: service.ok.gov, or
(B) by first class mail: Service Oklahoma, PO Box 11415, Oklahoma City, OK 73136.
(3) Method of payment:
(A) online: if the application is submitted online, payment must be made by credit card.
(B) by mail: if the application is submitted by mail, payment in the form of cashier's check or money order must be included along with the required documents. No personal checks or other forms of payment will be accepted.
(4) If Service Oklahoma approves the renewal identification card without appearing in person, pursuant to the requirements of this chapter, and if the digital photograph and digital signature of the applicant are available from the files of Service Oklahoma, Service Oklahoma shall create the renewal identification card using that photo and signature. A REAL ID Compliant identification can only be renewed by mail if there are no material changes requested.
(5) Service Oklahoma may mail the renewal identification card only to an applicant who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self - addressed stamped envelope.
(6) If Service Oklahoma denies the renewal identification card to the applicant pursuant to this Section, Service Oklahoma shall notify the applicant in writing of the denial, the reason for the denial, return any payment submitted by the applicant, and the applicant shall be required to either resubmit an online application or appear in person for the renewal identification card.
(7) A renewal or replacement without appearing in person may be requested up to three (3) consecutive timesfor one (1) four-year term and only if the immediately preceding issuance transaction was done in person. The card holder must appear in person before a Driver License Examiner or Licensed Operator at the time of renewal after the previous three (3) renewals by mail.The next consecutive renewal or replacement must be done in person.
670:15-1-14. Procedure for obtaining a replacement identification card [AMENDED]
(a) General requirements. Any person requiring a replacement identification card because the card was lost, stolen, or mutilated or because information on the card needs to be changed may request a Licensed Operator or Service Oklahoma to issue a replacement, upon presentation of proper identification and payment of the required fee.
(b) Required identification to replace lost, stolen, or mutilated identification card. Any person shall provide identification as prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant identification card and OAC 670:15-1-3(c) for a REAL ID Non-Compliant identification card.
(c) Required identification to change information and replace an identification card.
(1) Name change. Any person who requests a replacement identification card in order to make a name change must comply with the identification requirements prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant Identification card and OAC 670:15-1-3(c) for a REAL ID Non-Compliant identification card in order to identify the person by his or her former name and with OAC 670:15-1-16 in order to identify the person by his or her new name. The former name shall be entered into the "Alias" field in the identification card database to provide historical information to Service Oklahoma. The person requesting the name change for a REAL ID Non- Compliant card may retain the old card, if it is available, after a hole has been punched through the identification number of the card or the lower right corner of the card has been cut by a Licensed Operator or a Driver License Examiner.
(2) Address change. Any person who requests a replacement identification card in order to make an address change shall provide identification as prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant identification card and OAC 670:15-1-3(c) for a REAL ID Non-Compliant identification card. The person requesting the address change for a REAL ID Non-Compliant identification card may retain the old card, if it is available, after a hole has been punched through the identification number or the lower right corner of the card has been cut by a Licensed Operator or Driver License Examiner. An address change shall be made only to an Oklahoma address. The customer must provide Service Oklahoma with approved documentation for proof of residency for a REAL ID Compliant identification card.
(d) Change of identification card number. Although the applicant must submit a valid social security number in accordance with 6 CFR Part 37, use of the cardholder's SSN as the identification card is prohibited.
(e) Persons who may appear before a licensed operator. An individual who has previously held an Oklahoma identification card may apply directly to a Licensed Operator for replacement of the previous Oklahoma identification card, upon establishing Oklahoma residence and following the applicable procedure for replacement.
(f) Replacing identification card - not in person. Service Oklahoma may create an alternative method where any Oklahoma Identification card holder may apply to Service Oklahoma to replace his or her identification card without appearing in person as provided in this Section.
(1) The Identification card holder shall make application online, when online application is made available by Service Oklahoma or in writing to Service Oklahoma and shall submit to Service Oklahoma:
(A) copies of documentary evidence of the applicant's name and date of birth, as required by OAC 670:15-1-7 (documents sent for verification will not be returned; therefore, original documents should not be sent). If a material change is requested, the original or certified copies of the required documents must be submitted. A material change means any change to the personally identifiable information of an individual, such as their name, address, or driver license number. A REAL ID Compliant identification card may not be issued by mail if there is a material change;
(B) the applicant's Identification card number; and
(C) both the Oklahoma residence address and Oklahoma mailing address. If applicable, the temporary mailing address with the expiration date of the temporary mailing address. If an expiration date is not provided for the temporary mailing address, the system will default to an expiration date of thirty (30) days from the issuance of the renewed Oklahoma credential, and
(D) the applicant's signature.
(2) Submission of the items required in (1) shall be made in one of the following manners:
(A) online application, when online application is made available by Service Oklahoma: service.ok.gov, or
(B) by first class mail: Service Oklahoma, PO Box 11415, Oklahoma City, OK 73136
(3) Method of payment:
(A) online, when online application is made available by Service Oklahoma: if the applicant is submitting the application online, the applicant may only pay by credit card.
(B) by mail: if the applicant is submitting the application by mail, the payment in the form of a personal check, cashier's check or money order must be included along with the required documents. No personal checks or other forms of payment will be accepted.
(4) If Service Oklahoma approves the replacement of the identification card without appearing in person, pursuant to the requirements of this chapter, and: if the digital photograph and digital signature of the applicant are available from the files of Service Oklahoma, Service Oklahoma shall create the replacement identification card using that photo and signature,
(5) Service Oklahoma may mail the temporary Oklahoma identification card only to an applicant who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self-addressed stamped envelope. The Oklahoma identification card will be mailed to the out-of-state address provided.
(6) If Service Oklahoma denies the replacement identification card to the applicant pursuant to this Section, Service Oklahoma shall notify the applicant in writing of the denial, the reason for the denial, return any payment submitted by the applicant, and the applicant shall be required to either resubmit an online application or appear in person for the replacement identification card.
(7) A renewal or replacement without appearing in person may be requested up to three (3) consecutive times.for one (1) four-year term and only if the immediately preceding issuance transaction was done in person. The next consecutive renewal or replacement must be done in person.
(g) Person who may appear before a licensed operator. An individual who has previously held an Oklahoma identification card may apply directly to a Licensed Operator for replacement of the previous Oklahoma identification card, upon establishing Oklahoma residence and following the applicable procedure for replacement.
670:15-1-16. Procedure to make a change of name on a driver license or an identification card [AMENDED]
(a) Procedure. Any person may request a change of name on a driver license or identification card upon providing the appropriate identification and paying the required fee to a Licensed Operator or to Service Oklahoma.
(b) Name changes allowed. Name changes must result from:
(1) a marriage;
(2) a court order; or
(3) using a valid, unexpired U.S. Passport. A person requesting a legitimate name change shall submit, without exception, the certified document which indicates the name change.
(c) Documentation required. A person requesting a name change using a marriage certificate, common law affidavit, or court order shall comply with the identification requirements in OAC 670:15-1-3(b) and OAC 670:15-1-3(c) in order to identify the person by his or her former name and OAC 670:15-1-10 in order to identify the person by his or her new name. The required documents for a name change shall include:
(1) Court-ordered name change, which shall be in addition to the forms of identification required by OAC 670:15-1-3(b) and OAC 670:15-1-3(c). Only the following types of court orders may be considered when a name change is requested:
(A) divorce decree,
(B) adoption decree,
(C) name change decree, or
(D) establishment of record of birth, pursuant to 63 O.S. §1-315,
(2) Marriage certificate, which may serve only as the secondary form of identification required by OAC670:15-1-3(b). For a marriage certificate issued in Oklahoma, the name change shall be to the name signed by the person on the marriage certificate, or
(3) For a common law marriage, "Affidavit of Common Law Marriage" containing the notarized signatures of the husband and wife. Identification as prescribed in OAC 670:15-1-3(b) and OAC 670:15-1-3(c) must be submitted in addition to this affidavit.
(4) REAL ID Compliant credential issued by another state, or
(5) A valid military identification card.
(d) Form of new name. A name change resulting from marriage, court order, or divorce shall appear on the driver license or identification card exactly as stated on the Oklahoma marriage certificate, court order, or divorce decree. If the marriage certificate is from a state other than Oklahoma, the names shall be in one of the following forms:
(1) [Surname of spouse], [first name] [middle name or initial],
(2) [Surname of spouse], [first name] [former surname or initial],
(3) [Surname-surname of spouse] [first name] [middle name or initial], or
(4) [Surname of spouse-surname], [first name] [middle name or initial].
(e) Titles or ecclesiastical names. Titles or ecclesiastical names will not be placed on an Oklahoma credential.
(f) Retention of information. The former name shall be entered into the "Alias" field in the driver license or identification card database to provide historical information to Service Oklahoma.
SUBCHAPTER 7. DRIVER LICENSE AND IDENTIFICATION CARD CONTENT
670:15-7-1. Information displayed on driver licenses [AMENDED]
Each driver license will display the following information about the person to whom the license was issued [47 O.S. §6-111(A)]:
(1) color photo,
(2) full legal name in the order [last], [first] [middle]. No initial shall be used unless the initial is the legal name of the person. If any abbreviation is required due to the length of the name, only Service Oklahoma shall have authority to determine the abbreviation used,
(3) Oklahoma residence address or Oklahoma mailing address. Display of both the residence address and mailing address, or any combination thereof, is prohibited; provided, this paragraph shall not be construed to prohibit display of a residence address if it is also the mailing address,
(4) signature,
(5) sex,
(6) date of birth,
(7) weight,
(8) height,
(9) color of eyes,
(10) driver license class,
(11) driver license number,
(12) driver license issue date,
(13) driver license expiration date,
(14) any driving restriction code(s) (if applicable),
(15) any driver license endorsement(s) (if applicable),
(16) date upon which the person reaches twenty-one (21) years of age and the words "UNDER 21" [47 O.S. §6-101.1(A)] (if applicable),
(17) organ donor indicator (if applicable), and
(18) hearing impaired indicator (if applicable).
670:15-7-2. Driving restriction codes [AMENDED]
(a) A restriction or restrictions may be placed upon a person's driving privilege as deemed necessary by Service Oklahoma, in conjunction with the Department of Public Safety [47 O.S. §6-113]. The restriction(s) will appear as a code on the person's driver license. Following are the various driving restriction codes and their meanings:
(1) 1. Corrective lenses0. Motorcycle Only
(2) 2. Left outside rearview mirrorEither Corrective Lenses or Left Outside Mirror
(3) 3. Restriction 1 or 2
(4) 4. Automatic transmission
(5)(4) 5. Turn indicators, power steering, or steering knob
(6)(5) 6. Food, fruit, or candy within reach of driver
(7)(6) 7. Automatic Transmission or Adequate artificial limbs
(8)(7) 8. Detailed restriction - Inquire Oklahoma driver license file (This restriction code is used when other restrictions are not applicable. A narrative explaining the restriction will appear on the person's driver license file.)
(9)(8) 9. May operate a class D motor vehicle only while accompanied by a licensed driver who is at least twenty-one (21) years of age and who is actually occupying a seat beside the permittee between the hours of 5:00 a.m. and 10:00 p.m.Learner’s Permit
(10)(9) 0.A. Motorcycle only - When operating a motorcycle under the age 16, restricted to 300cc motorcycle or motor scooter between the hours of 4:30 a.m. and 9:00 p.m.Learner’s Permit
(11)(10) A. Regardless of age, when operating a motorcycle must be in view of a person who is licensed to operate a motorcycle or motor-driven cycle and who is at least 21 years oldB. Corrective Lenses
(12)(11) E. When operating a commercial motor vehicle, restricted to automaticNo Manual transmission equipped CMV
(13)(12) G. Inquire of Oklahoma driver license file until age 17 or olderF. Left Outside Mirror
(13) G. Daylight Driving Only
(14) J. Farm Permit
(15) K. CDL intrastate onlyIntrastate Driving Only CMV
(16) L. When operating a commercial motor vehicle, restricted to a vehicle without air brakesNo Air Brake Equipped CMV
(17) M. When operating a passenger bus, restricted to Class B or C commercial motor vehicleNo Class A Passenger Vehicle
(18) N. When operating a passenger bus, restricted to a Class C commercial motor vehicleNo Class A and B Passenger Vehicle
(19) O. Restricted from operatingNo tractor trailer vehiclesCMV
(20) R. Ignition interlock device. No Passengers in CMV Bus
(21) V. Medical varianceR. Ignition Interlock Device (Class D only)
(22) W. No Passengers (P or S) or Empty/Purged Tank Vehicle (N); provided, this restriction shall be used only on a commercial learner.T. Intermediate
(23) U. Speed not to exceed 45 miles per hour, No interstate driving
(24) V. Medical Variance
(25) X. No cargo in CMV tank vehicle
(26) Y. Bioptic Lenses
(27) Z. No Full Airbrake Equipped CMV
670:15-7-3. Information displayed on identification cards [AMENDED]
Each identification card will display the following information about the person to whom the card was issued [47 O.S. §6-111(A)]:
(1) color photo,
(2) full legal name in the order [last], [first] [middle]. No initial shall be used unless the initial is the legal name of the person. If any abbreviation is required due to the length of the name, only Service Oklahoma shall have authority to determine the abbreviation used,
(3) Oklahoma residence address or Oklahoma mailing address. Display of both the residence address and mailing address, or any combination thereof, is prohibited; provided, this paragraph shall not be construed to prohibit display of a residence address if it is also the mailing address,
(4) signature,
(5) sex,
(6) date of birth,
(7) weight,
(8) height,
(9) color of eyes,
(10) "ID" to indicate identification card,
(11) identification card number,
(12) identification card issue date,
(13) identification card expiration date,
(14) date upon which the person reaches twenty-one (21) years of age and the words "UNDER 21" [47 O.S. §6-101.1(A)] (if applicable),
(15) organ donor indicator (if applicable), and
(16) hearing impaired indicator (if applicable).
SUBCHAPTER 9. EXAMINATION
670:15-9-7. Skills examination [AMENDED]
(a) In general. The skills examination shall only be administered after the applicant has successfully passed the knowledge test, or had it waived if eligible, and the vision test. Whenever a skills examination is required, the following general conditions shall apply:
(1) The skills examination shall start at a designated location and shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle. Applicants shall furnish the type of vehicle required for the Class D skills examination.
(2) The skills examination shall not be administered in a vehicle:
(A) which is not insured as required by 47 O.S. §7-600 et seq.,
(B) which does not have a current license plate,
(C) which is not equipped with seatbelts, if the vehicle was originally manufactured and equipped with seatbelts, or
(D) which does not comply with vehicle equipment and safety standards as required by Chapters 12 and 13 of Title 47 of the Oklahoma Statutes.
(3) An applicant determined by an examiner to be cheating on any portion of the skills examination shall:
(A) immediately forfeit the examination,
(B) be given a failing score by the examiner, and
(C) be disqualified from retaking the examination for one week.
(b) Scoring of examination. The scoring procedure will be on a cumulative deduction system based on poor driving practices. The Commissioner or the Commissioner's representativeService Oklahoma shall determine a point value for each improper driving act.
(c) Content of examination for Class D driver license.
(1) The skills examination shall include, but not be limited to, the following maneuvers:
(A) Starting,
(B) Hill parking (excluding two-wheel and three-wheel vehicles),
(C) Starting on hill (excluding two-wheel and three-wheel vehicles),
(D) Intersection movement and observance,
(E) Lane observance and changing,
(F) Left and right turns,
(G) Pedestrian and vehicle right-of-way,
(H) Proper use of automatic transmission or clutch gear (excluding two-wheel or three-wheel vehicles),
(I) Use of brake and accelerator,
(J) Traffic lights or signals, and
(K) Parallel Parking (excluding two-wheel and three-wheel vehicles).
(2) The skills examination will not be conducted when examination route roadways are considered by the examiner, in conjunction with the lead examiner, supervisor, regional manager, and/or director as applicable, to be slick or hazardous due to inclement weather.
(3) Criteria for a skills examination are as follows:
(A) Starting: To determine if the individual is familiar with the vehicle's controls and proper use, and to determine the individual's skill and ability to move the vehicle from a parking space or parking lot into the traffic lane.
(B) Hill parking (stopping and starting): To determine if the individual has the ability to park a vehicle on an incline in a safe manner and leave that position in a safe manner.
(C) Transmission (automatic or standard): To determine if the individual has the coordination and ability necessary for reasonable control of the vehicle.
(D) Brakes: To determine the individual's skill and physical ability in the proper usage of the brake(s).
(E) Control of speed: To determine the speed the individual maintains relative to speed limits and other traffic.
(F) Gap selection: To determine whether the individual exercises proper judgment when entering or leaving the roadway, when turning or crossing an intersection, or when changing lanes.
(G) Driver alertness: To determine whether the individual observes and is aware of situations and circumstances which play an important part in safe driving.
(H) Right-of-way: To determine the individual's knowledge of right-of-way and the ability to react properly, and to determine whether an individual shares the road properly with other drivers and pedestrians.
(I) Legal stop: To determine whether the individual observes, understands, and obeys stop signs and traffic signals.
(J) Traffic lights or signs: To determine whether the individual sees, understands, and obeys traffic lights and other signs.
(K) Signals: To determine whether the individual gives the proper signal when driving away from the curb, changing lanes, or turning.
(L) Lane usage: To determine whether the individual has the knowledge and ability to use lanes properly.
(M) Observation: To determine whether the individual observes those things which are necessary for safe driving.
(N) Final Park: To determine the individual's ability to park the vehicle at the conclusion of the skills examination in a manner compatible with safe driving practices and statutory requirements.
(O) Left turn items scored:
(i) Cuts corner on approach.
(ii) Cuts corner on lane entry.
(iii) Turns into the wrong lane (does not affect other traffic).
(iv) Turns from wrong lane (does not affect other traffic).
(v) Turns wheels while stopped, waiting to make turn.
(vi) Too wide on lane entry.
(vii) Fail to signal turn for at least 100 feet before turning.
(viii) Fail to approach turn in the proper lane.
(P) Right turn items scored:
(i) Too wide on approach.
(ii) Too wide on lane entry.
(iii) Turns from wrong lane (does not affect other traffic).
(iv) Turns into wrong lane (does not affect other traffic).
(v) Bumps, scrapes, or climbs curb.
(vi) Fail to signal turn for at least 100 feet before turning.
(vii) Fail to approach turn in the proper lane.
(Q) Passenger vehicles other than school buses or vehicles transporting passengers for hire are not required to stop at a railroad crossing.
(R) Parallel parking: To determine the proficiency an individual has attained in coordinating judgment, skill, and ability to park a vehicle and drive away from a designated area, and to maneuver the vehicle in close quarters.
(4) Disqualifications are as follows:
(A) Seat belt not in use. Applicant fails to use seat belt. The seat belt shall be properly adjusted and fastened before the vehicle enters a public roadway.
(B) Moving traffic violation. Applicant received a traffic citation for a moving violation during the skills examination.
(C) Disobey sign or signal. Applicant ignored or did not obey sign or signal.
(D) Driver speeding. Applicant's speed is more than five (5) miles per hour over the posted speed limit or the lawful speed limit for the vehicle being driven: Provided the speeding is not in a school zone during normal school hours or a construction zone with workers present. There will be no tolerance in a school zone during normal school hours and school is in session or in a construction zone with workers present.
(E) Fail to stop. Applicant rolled through stops or failed to stop.
(F) Traffic laws. Applicant ignored or did not obey traffic laws.
(G) Yield to others. Applicant did not yield to other road users (pedestrians, vehicles, etc.) Applicant did not appropriately yield the right-of-way to pedestrians or other vehicles during driving maneuvers.
(H) Left of center. Applicant drives left of center (except when needed to perform a turn safely or to proceed safely on a direct course).
(I) Avoidable crash or incident or dangerous act.
(i) Applicant involved in an avoidable crash or collision.
(ii) Applicant's vehicle has physical contact with other vehicles, objects, pedestrians, etc.
(iii) Applicant commits any act or omission that creates a dangerous or unsafe traffic environment (near accidents, etc.).
(iv) Applicant's actions cause drivers of other vehicles or pedestrians to take evasive actions.
(v) Applicant's actions force examiner to take verbal or physical control of the vehicle.
(J) Put vehicle over sidewalk or curb. Applicant put vehicle over curbs or sidewalks unnecessarily.
(K) Weighted Offenses. Accumulation of four (4) or more of any of the following offenses, in any combination:
(i) Failure to use turn signal.
(ii) Coasting on a downgrade (gears in neutral or clutch disengaged).
(iii) Consistently goes over speed limit.
(iv) Proceed through intersection on yellow light when applicant could stop without creating a dangerous situation.
(d) Retesting.
(1) Applicants who fail the skills examination for a driver license or the motorcycle endorsement may be granted the opportunity to retest on the next available regular business day as scheduling permits. When an applicant fails to qualify for a Class D license after three (3) skills examination attempts, he or she will be required to obtain a restricted driver license, restricting the individual to operating a motor vehicle while accompanied by a qualified licensed driver in the front seat, before another skills examination will be administered.
(2) Service Oklahoma shall conduct the skills examination for the holder of a restricted Class D driver license not more than three (3) times beginning thirty (30) days from the date of issuance of the restricted license. Should the restricted licensee fail the third examination, the licensee shall wait thirty (30) days before being given another skills examination by Service Oklahoma. The fourth and subsequent examinations shall be given not more than one (1) time every thirty (30) days thereafter at the request of the restricted licensee.
(3) In computing any time period prescribed by this subsection, the day of the failed examination from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.
(e) Minimum waiting period for examination. The holder of a restricted driver license will not be eligible to have a skills examination administered until after a minimum of thirty (30) days following the issuance of such license, provided the applicant is at least eighteen (18) years of age. In computing the 30-day time period prescribed by this subsection, the day on which the restricted driver license is issued shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.
(f) Substitute for skills examination. A skills examination may be waived for a licensee when one of the following requirements is met:
(1) The licensee is applying for a Class D driver license, provided all established requirements for a Class D license have been satisfied, and the licensee is licensed at the time of application by one of the fifty (50) states, by the District of Columbia, by a Canadian province, or by another country; provided, the current driver examination requirements of the country must be on file with Service Oklahoma and must meet or exceed the standards, specifications, and requirements of Service Oklahoma as set out in this Subchapter [47 O.S. § 6-110(A)(2)].
(2) The licensee:
(A) has enrolled in and successfully completed a course taught by an instructor certified by the Motorcycle Safety Foundation and using the Motorcycle Safety Foundation curriculum, and
(B) submits to the Department at the time of application for a motorcycle endorsement a completion card prepared by a certified Motorcycle Safety Instructor that shows the individual has successfully completed a Rider Course meeting the requirements of the Motorcycle Safety Foundation and entitling the waiver of the written and skills examination.
SUBCHAPTER 17. CERTIFIED SCHOOLS AND DESIGNATED CLASS D EXAMINERS
670:15-17-1. Purpose [AMENDED]
This Subchapter establishes requirements and procedures standards for the certification of designated examiners who are also certified driver education instructors. Certified designated examiners shall be authorized under 47 O.S. § 6- 110(D) and this Subchapter to administer driving skills examinations, on routes approved by Service Oklahoma, in conjunction with the Department of Public Safety, to qualified applicants for a Class D driver license.
670:15-17-3. Definitions [AMENDED]
In addition to terms defined in 47 O.S. §1-101 et seq., the following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise. Use of the singular term includes the plural, and use of the plural term includes the singular.
"Certified driver education instructor" means an instructor, as defined by 47 O.S. § 801(B) or 70 O.S. § 19-113 et seq., who is currently certified to instruct students who are seeking a Class D driver license in a school, but shall not include an instructor who instructs for the operation of motorcycles only.
"Department" means the Department of Public Safety.
"Designated examiner" means a certified driver education instructor or a licensed operator or employee of a licensed operator who has been approved and certified by Service Oklahoma or State Department of Education to administer driving skills examinations, on routes approved by Service Oklahoma, in conjunction with the Department of Public Safety and who is employed by or operating a school or a designated Service Oklahoma location.
"Division" means the Driver License Services Division of Service Oklahoma.
"Driver education" or "driver education course" means
(A) a public secondary school driver education course [70 O.S. §19- 113 et seq.],
(B) a parochial, private, or nonpublic secondary school driver education course, certified by Oklahoma, in conjunction with the Department of Public Safety, or
(C) a commercial driver training course [47 O.S. §801 et seq.].
(D) a parent-taught driver education course, certified by Service Oklahoma, in conjunction with the Department of Public Safety. [47 O.S. § 6-105(C)(1)(d)]
"Examination" means the driving skills examinations for an Oklahoma Class D driver license.
“Licensed operator” means any person licensed by the Service Oklahoma Operator board or designated or authorized to collect the fees and enforce the provisions related to the fulfillment of designated services to be rendered by Service Oklahoma.
"School" means a:
(A) public school which is a secondary school, as defined in 70 O.S. §1-106, within a school district, as defined in 70 O.S. §1-108, which offers a prescribed secondary school driver education course, as defined by 70 O.S. §19-113,
(B) private school which is a secondary school, including parochial and other nonpublic schools, which offers a driver education course certified by Service Oklahoma, in conjunction with the Department of Public Safety, or
(C) commercial driver training school, as defined in 47 O.S. §801(A).
670:15-17-4. Requirements for certification as a designated examiner; display of certificate; certification renewal [AMENDED]
(a) Requirements and application for certification. A certified driver education instructor, licensed operator, or employee of a licensed operator may apply for certification as a designated examiner. The applicant must meet the following requirements:
(1) Complete an application provided by Service Oklahoma [see OAC 670:15-17-11],
(2) Possess, or have access to, sufficient electronic equipment and data processing capacity to operate Service Oklahoma's internet based applications as required to carry out the functions of a designated examiner,
(3) Certified driver education instructors must maintain throughout the time period to be covered by the certification all other certification requirements to be a certified driver education instructor, and
(4) Successfully complete a course of instruction prescribed by Service Oklahoma, in conjunction with the Department of Public Safety [see OAC 670:15-17-5] and
(5) Upon initial review of a completed application Service Oklahoma will provide the applicant with instructions to obtain a current electronic national criminal history record check in accordance with Oklahoma statutes.
(6) An applicant will not be issued an instructor license if any of the following disqualifying events, from any jurisdiction, are revealed by the electronic national criminal history record check:
(A) any felony conviction;
(B) any pending court action that could result in a felony conviction;
(C) any conviction that would result in the applicant having to register according to the Sex Offenders Registration Act;
(D) any conviction of a misdemeanor possession or use of alcohol or drugs within the past twelve (12) months.
(7) a valid and unexpired Oklahoma driver license that is not suspended, revoked, denied or cancelled at the time of original or renewal application,
(8) attainment of at least twenty-one (21) years of age, and
(9) a high school diploma or general education diploma, or transcript evidencing completion of high school or general education diploma requirements,
(10) an instructor must provide a copy of their driver education instructor license.
(b) Applicant’s driver history. An applicant will not be issued a designated examiner license unless, upon review of the applicant’s driver history:
(1) Driving privileges must be reinstated for at least twelve (12) months, if driving privileges were suspended, canceled, revoked, denied, or disqualified for a driving-related conviction or for an action related to driving under the influence or driving while impaired.
(2) If driving privileges are suspended, canceled, revoked, denied, or disqualified only for a non-driving-related conviction or reason, the applicant shall be eligible immediately upon reinstatement of driving privileges.
(3) The applicant cannot have more than five (5) points accumulated on the driving record.
(4) The applicant cannot have any administrative action pending, pursuant to 47 O.S. §§ 753, 754, or 754.1.
(c) Certification. Upon acceptance and approval by Service Oklahoma of the application for certification from a driver education instructor, licensed operator or an employee of a licensed operator, or upon acceptance and approval by Service Oklahoma of the application for renewal of certification from a designated examiner, and upon completion to the satisfaction of Service Oklahoma by the instructor or designated examiner of all other requirements for certification, Service Oklahoma shall provide the designated examiner with:(1) a certificate evidencing approval by Service Oklahoma as a designated examiner, which shall be presented for inspection to each driver license applicant, and to the parent or legal guardian of any applicant under eighteen (18) years of age, before the applicant enters the vehicle in which the examination is to be administered. The certificate shall be carried in the vehicle in which any examination is being administered. The certificate shall be valid for the calendar year in which it is issued, and
(2) an official seal to be used by the designated examiner as provided in OAC 670:15-17-12.
(3) If the Certification of the designated examiner becomes invalid, the certification badge and stamp are to be remanded to Service Oklahoma.
(1) A certified designated examiner shall be eligible for renewal of certification if the examiner:
(A) submits an application for certification renewal upon a form provided Service Oklahoma no later than December 1 of each year [see OAC 670:15-17-11],
(B) currently meets the requirements and standards of Service Oklahoma as prescribed by this subchapter,
(C) administered twenty (20) or more examinations within the twelve (12) months immediately preceding the application for renewal of certification. If the applicant fails to complete 20 drives during the previous 12 month period, the applicant must attend remedial training and pay all fees.
(2) Any driver education instructor who was previously certified as a designated examiner and whose previous certification has been expired for not more than one (1) year may make application for renewal of certification as provided in paragraph (1) of this section.
(3) Any designated examiner who does not qualify for renewal of certification may apply, after a period of at least one (1) year from the date the examiner was notified he or she was not qualified for renewal of certification, for certification as a designated examiner and shall meet all requirements as for an initial application for certification as a designated examiner.
670:15-17-5. Course of instruction for driver education instructors applying for certification as a designated examiner [AMENDED]
(a) A driver education instructor, licensed operator or an employee of a licensed operator applying for certification as a designated examiner shall enroll in and successfully complete a course of instruction as determined by Service Oklahoma, in conjunction with the Department of Public Safety, before the instructorapplicant will be considered for approval and certification as a designated examiner. The certification process must be completed within 12 months of the course start date.
(b) Service Oklahoma shall at a minimum, conduct an annual course of instruction for driver education instructorstwo (2) courses a year for those persons eligible applyingto apply for certification as designated examiners. Service Oklahoma, in conjunction with the Department of Public Safety, shall determine the standards and requirements for the curriculum and successful completion of the course of instruction. The curriculum shall include, but not be limited to, the following subjects:
(1) Examination standards and scoring.
(2) Forms and reports.
(3) Oklahoma statutes.
(4) Service Oklahoma rules.
(5) Behind-the-wheel driving.
(6) Records and recordkeeping.
(c) The dates and locations of courses of instruction will be determined by Service Oklahoma.
670:15-17-6. Examination requirements and standards [AMENDED]
(a) Application. Before an examination may be given to a driver license applicant by a designated examiner, the applicant shall provide a valid Oklahoma learner permit for inspection by the designated examiner and completely fill out and submit to the examiner an Oklahoma skills examination application (Form DL-18-DEDL18DE) which shall be provided to the applicant by the examiner [see OAC 670:15-17-11]. If the applicant does not possess an Oklahoma Learner Permit, they will need to present primary identification documents. The examiner shall, by electronic means, verify with Service Oklahoma on the day of the examination that the applicant is eligible to be administered the examination. If the applicant is not eligible, the examiner shall refer the applicant to a Driver License Examiner.
(b) Standards. Current minimum standards for the skills examination of applicants for an Oklahoma Class D intermediate license or driver license, as set forth in state statutes Service Oklahoma rules shall be provided to all designated examiners by Service Oklahoma.
(c) Examinations.
(1) The driving skills examination for an Oklahoma Class D intermediate license or driver license administered by a designated examiner shall:
(A) include all specified maneuvers as required by Service Oklahoma, in conjunction with the Department of Public Safety, and
(B) meet or exceed all requirements of Service Oklahoma, in conjunction with the Department of Public Safety for the Class D driver license.
(2) If an applicant fails a skills examination administered by the designated examiner, the examiner shall immediately notify Service Oklahoma by electronic means of the failure. The notification shall include, at a minimum, the applicant's:
(A) name and date of birth,
(B) driver license number, if applicable;
(C) score on the failed examination, along with any details of the failure which the examiner deems pertinent to Service Oklahoma's records.
(D) the designated examiner's name and badge number.
(d) Location of examination. All skills examination shall be administered on the route approved for the designated examiner which shall be a different route than any route used for training the applicant being examined. Only one primary and one alternate route will be approved for each school or licensed operator location. The alternate route will be used only if the primary route is unsafe or unavailable. The designated examiner will notify Service Oklahoma when the alternate route is being used. Exceptions to this rule may be granted at the discretion of Service Oklahoma.
(e) Vehicle used for driving skills examination. The applicant or parent or legal guardian of the applicant may specify the vehicle in which the driving skills examination is administered. The vehicle shall meet the same requirements as any vehicle which is used for Class D driving skills tests administered by Service Oklahoma.
(f) Auditing and monitoring. To ensure the integrity of the designated examiner program and the state skills testing program, Service Oklahoma shall:
(1) Conduct unannounced, on-site inspections of designated examiners' records, including review of the Class D skills test results of applicants tested by the designated examiner;
(2) Conduct covert and overt monitoring of examinations performed by designated examiners. An employee of Service Oklahoma may, at any time and without prior notice, accompany a designated examiner and a driver license applicant while a skills examination is being administered for the purpose of auditing and monitoring the performance and effectiveness of the designated examiner;
(3) Track pass/fail rates of applicants tested by each designated examiner, in order to focus covert and overt monitoring of designated examiners who have unusually high pass or failure rates;
(4) Track the dates and results of audits and monitoring actions by Service Oklahoma, and the dates designated examiners were certified by Service Oklahoma.
(5) Track skills tests administered by each designated examiner's name and identification number.
(g) Collision During Skills Test. The designated examiner must furnish Service Oklahoma with a copy of an official collision report on any applicant which is involved in a collision during the testing period. This is in addition to the collision report required by law.
670:15-17-8. Driver license applicant [AMENDED]
(a) Any applicant who requests an examination from a designated examiner shall have passed the vision test and been issued an Oklahoma learner permit.
(b) Any applicant who does not pass an examination administered by a designated examiner: shall wait the required amount of time [see OAC 670:15-9-6 and 670:15-9-7] before being reexamined.
(c) Enrollment in or successful completion of a driver education or training course, or successful passage of an examination administered by a designated examiner does not grant to the driver license applicant the privilege to operate any vehicle and does not ensure that a driver license will be issued to the applicant if the applicant is not otherwise eligible.
(d) No person shall knowingly apply to be administered the skills examination by a designated examiner when the person is not eligible to be issued an Oklahoma driver license.
(e) At its discretion, Service Oklahoma may retest any applicant for any reason.
670:15-17-9. Records to be maintained by designated examiners [AMENDED]
(a) A designated examiner shall be responsible for maintaining all records pertaining to:
(1) the certification of the examiner,
(2) examinations,
(3) Oklahoma skills examination application (DL-18-DE Form DL18DE), and
(4) individual examinations identifying the person by name, date of birth, and driver license number, and the date of examination, to be provided Service Oklahoma by e-mail.
(b) All records are to be kept for a period of three (3) years and open for audit and inspection by Service Oklahoma and the State Board of Education.An employee of any of the foregoing entities shall not be required to give prior notice before appearing to examine the records of a certified school or a designated examiner.
670:15-17-10. Records to be maintained at Service Oklahoma [AMENDED]
(a) The following records shall be maintained by Service Oklahoma at its headquarters for each designated examiner and for each driver education instructor, licensed operator or employee of a licensed operator who submitted an application for certification as a designated examiner but was denied certification by Service Oklahoma:
(1) The original or digital image of the application and all subsequent renewal applications, including investigative reports.
(2) Evidence of approval or denial of the application by Service Oklahoma.
(3) Annual quality inspection reports.
(4) Complaints received.
(5) Commendations received.
(6) Evidence of violation of any standard, requirement, state statute Service Oklahoma rule relating to driver license examination.
(7) Correspondence.
(8) Canceled, suspended, or revoked certifications.
(9) Individual files of audits.
(b) Service Oklahoma shall make available to the public upon request a list of all current designated examiners.
670:15-17-11. Prescribed forms [AMENDED]
(a) Designated examiner application. A driver education instructor may request an application form from Service Oklahoma to apply for certification as a designated examiner. A designated examiner shall request an application form from Service Oklahoma to apply for renewal of certification as a designated examiner. The application shall require the applicant to provide the following personal information:
(1) Date of application.
(2) Whether the application is an original or renewal application.
(3) Full name.
(4) Complete home address and mailing address.
(5) Telephone numbers (residence and business).
(6) Name and address of the employing school or licensed operator’s designated Service Oklahoma location.
(7) Name and number of the school district in which the employing school is located (when applicable). Email address.
(8) Date of birth.
(9) Social security number.
(10) Oklahoma driver license number.
(11) (10) Any other information Service Oklahoma deems necessary to process the application.
(12) (11) Signature of applicant.
(b) Designated examiner certificate. The certificate for a designated examiner shall include, but not limited to, the following information:
(1) Official name and seal of Service Oklahoma.
(2) Full name of the designated examiner.
(3) Name, school district name and number (when applicable), city (when applicable), county, and certification number of each the school or designated Service Oklahoma location employing the designated examiner.
(4) Type of certification.
(5) Date of certification.
(6) Expiration date of certification.
(7) (6) A unique certification number.
(8) (7) Name and signature of the Executive Director of Service Oklahoma.
(c) Oklahoma driver license application. Oklahoma skills examination applications (Form DL-18-DE) shall be provided by Service Oklahoma to each designated examiner. Each portion of the application shall be completed by the applicant or designated examiner, as indicated on the application. The applicant shall complete the applicant's portion of the application and submit the application to the designated examiner. The designated examiner shall document on the application the results of the skills examination administered to the applicant, verifying all the information on the application, and certifying the examination administered and successfully passed by the applicant. If the applicant fails to pass the examination, the designated examiner shall indicate and certify the failure on the application and immediately notify Service Oklahoma, as provided in OAC 670:15-17-6. If the applicant passes the examination, the designated examiner shall certify the examination by affixing the examiner's seal and certification number to the application and refer the applicant to a licensed operator, if the applicant is otherwise eligible.
(d) Where to obtain forms. All forms are provided by Service Oklahoma and the designated examiner application can be obtained by a designated examiner from the Service Oklahoma web site.
(e) Signatures. Whenever a document or form to be submitted to Service Oklahoma requires a signature, Service Oklahoma may accept a digital signature.
670:15-17-12. Official seal [AMENDED]
(a) Service Oklahoma will provide its official seal to each designated examiner. The seal shall be imprinted upon each approved Oklahoma skills examination application (Form DL-18-DEDL18DE) signed by the designated examiner as a part of the examiner's verification of each examination administered to the applicant whose name appears on the application form.
(b) If the designated examiner does not renew certification as a designated examiner, or leaves the employment of or is terminated from employment by the school or licensed operator, the official seal of Service Oklahoma shall be surrendered by the examiner to Service Oklahoma.
670:15-17-14. Termination, withdrawal, or denial of certification [AMENDED]
(a) Certification granted under this Subchapter may be terminated by either Service Oklahoma or the certified party, by giving written notice to the other party, stating cause or reason for termination.
(b) Service Oklahoma may:
(1) cancel, suspend, revoke, or refuse to renew the certification of a designated examiner for failure to comply with any provisions of state law, federal regulation, or Service Oklahoma rule.
(2) deny certification to any driver education instructor, licensed operator, or employee of a licensed operator applying for certification as a designated examiner for failure to meet the requirements prescribed by this Subchapter.
(c) Where it is determined that a minor disqualification exists that may readily be rectified by the designated examiner, Service Oklahoma may informally notify the designated examiner by mail or telephone of the minor disqualification with a request for compliance within a specified period of time. If such designated examiner fails to rectify the disqualification, Service Oklahoma may proceed to deny, suspend, revoke or cancel certification.
670:15-17-15. Hearings [AMENDED]
(a) Any party aggrieved under this Subchapter may request a hearing with Service Oklahoma.
(b) In the event Service Oklahoma has determined that a school's or instructor's designated examiner’s license should be denied, suspended, revoked, or canceled, notice shall be provided by mail to the applicant or licensee of the facts or conduct which warrant the intended action, and an opportunity for hearing shall be offered. The aggrieved party may request a hearing within twenty (20) days of receipt of the notice. The request for a hearing shall be in writing and must:
(1) state the name and address of the respondent,
(2) state which allegations of violations, if any, are admitted,
(3) state generally the issues to be raised by the respondent at the hearing, but issues not raised in the written request are not barred from presentation at the hearing, and
(4) be addressed to the official who issued the notice.
(c) If the hearing is timely requested, Service Oklahoma shall grant the person an opportunity to be heard.
(d) The Executive Director shall designate the hearing officer. Each party shall be afforded the opportunity to respond and present evidence and argument on all issues involved. Either party may make application for a continuance of the hearing. The granting or denial of a continuance is within the reasonable discretion of the hearing officer.
(e) The hearing officer shall render a proposed order based upon the law and the evidence presented. Each party shall be promptly notified of the proposed order either personally or by mail.
(f) The proposed order shall become the final order twenty (20) days from the date of entry.
(g) By written stipulation the respondent mymay waive compliance with 75 O.S. §311, in accordance with the provisions of with 75 O.S. §311. If not waived the respondent may make written exceptions to the proposed order requesting the opportunity to present briefs and oral argument to the Executive Director. Such a request must:
(1) be in writing, and
(2) be received within twenty (20) days of the entry of the proposed order.
(h) If the respondent fails to appear at the scheduled hearing without good cause, the hearing officer shall record the nonappearance and enter a final order.
(i) If the Service Oklahoma representative fails to appear without good cause, the hearing officer shall record the nonappearance and enter a final order dismissing the administrative penalty action, with prejudice. The parties shall be notified that the Service Oklahoma action has been dismissed with prejudice.
(j) A party aggrieved with the final order may file an appeal with the Executive Director requesting a rehearing, reopening, or reconsideration of the case in accordance with 75 O.S. §317. Such an appeal must:
(1) be in writing,
(2) be within ten (10) days of the entry of the final order, and
(3) state the grounds for the appeal and include all arguments and information pertinent to the grounds for appeal.
SUBCHAPTER 19. PARENT-TAUGHT DRIVER EDUCATION
670:15-19-1. Purpose [AMENDED]
This Subchapter establishes requirements, procedures, and standards for:
(1) the certification of parent-taught driver education courses; and
(2) parents to teach driver education to their qualified children for the purposes of applying for a Class D driver license. [47 O.S. §6-105(A)(2) (b)]
670:15-19-2. Scope and application [AMENDED]
The provisions of this Subchapter shall apply only to persons described under the provisions of 47 O.S. §6-105(A)(2)(b) and to individuals, organizations, companies, or other entities providing or desiring to provide parent-taught driver education courses.
670:15-19-3. Definitions [AMENDED]
In addition to terms defined in 47 O.S. §1-101 et seq., the following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise. Use of the singular term includes the plural and use of the plural term includes the singular.
"Department" means the Department of Public Safety.
"Division" means the Driver License Examining Division of Service Oklahoma.
"Parent" means the biological parent, adoptive parent, parent by marriage, or legal guardian (court appointed) of the student.
"Parent instructor" means a parent accepted by Service Oklahoma to teach a parent-taught driver education course.
"Parent-taught driver education course" means a course of driver education instruction to be taught to a student by his or her parent, as prescribed by the provisions of 47 O.S. §6-105(A)(2)(b), which is certified by Service Oklahoma.
"Parent-taught driver education provider" means an individual, organization, company, or other entity who is approved and certified by Service Oklahoma to offer curriculum and material for parent-taught driver education courses.
"Student" means an individual who is at least fifteen (15) years of age.
"Vehicle" means the car, pickup, van, minivan, or sport utility vehicle used to conduct the behind-the-wheel portion of a parent-taught driver education course.
670:15-19-4. Requirements and application for certification as a parent-taught driver education course; certification renewal [AMENDED]
(a) Requirements and application for certification. To be certified as a parent-taught driver education provider, an individual, organization, company, or other entity must meet the following requirements:
(1) Have offered parent-taught driver education, for the previous two years, or have been a licensed driver education instructor or commercial driving school instructor for five years immediately preceding the application date.
(2) Submit an application to Service Oklahoma on a form prescribed by Service Oklahoma [See OAC 670:15-19-7 regarding the application form].
(3) Must furnish Service Oklahoma with curriculum which should meet or exceed the course of study prescribed in OAC 670:15-19-6. If the applicant is approved and certified by Service Oklahoma as a parent-taught driver education provider, the curriculum may not be changed in any manner without prior inspection and approval from Service Oklahoma.
(4) Must furnish Service Oklahoma with the complete costs to be charged to a customer for the course, along with a blank copy of the contract or application intended for use with the course. If the applicant is approved and certified by Service Oklahoma as a parent-taught driver education provider, no changes in costs or to the contract shall be made without prior notification to and approval and certification by Service Oklahoma.
(5) Must have a built-in comprehensive monitoring system to assure quality control of the instruction of course materials, both classroom and behind the wheel instruction. The term "comprehensive monitoring program" means a system of monitoring the progress of the instruction by the parent instructor so that the provider can certify the validity of the training.
(6) Agree to meet all requirements in subsection (b).
(b) Certification and requirements of parent-taught driver education providers. All Parent-taught driver education providers approved and certified by Service Oklahoma shall, upon certification and during the period of certification:
(1) Include with the course, at no additional cost to the customer, a minimum of a Two Million Dollar ($2,000,000.00) (aggregate amount) liability insurance policy, and a One Million Dollar ($1,000,000.00) professional liability insurance policy. The provider shall agree to hold harmless and free from any liability Service Oklahoma, any of Service Oklahoma's employees, and the State of Oklahoma. The policy shall be unexpired, and a renewal or replacement policy shall be in place before the current policy expires.
(2) Maintain a surety bond, specifically and individually in the name of the State of Oklahoma, in the amount of $10,000. In the event the provider is unable to meet its contractual obligations with Oklahoma parents who have purchased a parent-taught driver education course from the provider, the bond will be forfeited for the purpose of disbursing reimbursements for all outstanding contracts of the provider which were entered into in Oklahoma as a result of this Subchapter. The bond shall be unexpired, and a renewal or replacement bond shall be in place before the current bond expires.
(3) Furnish Service Oklahoma, at times and in a manner agreed to by Service Oklahoma and the provider with a listing of all approved applications, whether the course is completed or not.
(4)(3) Provide the student with a receipt of purchase to be included with the packet sent to the student, and a completion certificate, bearing the seal of the provider, upon successful completion of the course by the student.
(5)(4) Maintain all records received from students and parents pertaining to this Subchapter, including, but not limited to, correspondence, applications, contracts, and test answer sheets. All records shall be segregated by individual student, and all records for each student shall be maintained by the provider for at least one (1) year.
(6)(5) Agree to:(A) Allow access by Service Oklahoma to all records maintained by the provider for each student, for purposes of monitoring and auditing.
(B) Ensure that no behind-the-wheel instruction is recognized if the student fails to first obtain an instruction permit from Service Oklahoma.
(C) Provide immediate written notification to Service Oklahoma of any impropriety or misconduct of any parent teaching a parent-taught driver education course.
(D) Acknowledge that Service Oklahoma reserves the right to take prompt and appropriate remedial action against any parent instructor or parent-taught driver education provider who fails to comply with any state law or rule regarding a parent-taught driver education course.
(E) Maintain curriculum meeting the standards established by Service Oklahoma [see OAC 670:15-19-6 regarding curriculum].
(F) Allow a Service Oklahoma representative to conduct on-site compliance inspections, as necessary, to review records and to observe procedures. All records must be accessible during normal business hours of the parent-taught driver education provider for inspection upon request by a Service Oklahoma representative.
(G) Ensure that the affidavit required by OAC 670:15-19-5 has been approved prior to instruction.
(c) No renewal of certification is required. Certification by Service Oklahoma is issued to a provider with the understanding that no renewal of the certification is required. However, Service Oklahoma may cancel the certification as provided in OAC 670:15-19-8.
(d) Changes to certified information. The provider shall notify Service Oklahoma immediately, in writing, of any changes to the information on the original application for certification. The provider shall temporarily suspend the sale of courses to any new applicants until Service Oklahoma has approved the changes. If a change of ownership occurs, Service Oklahoma reserves the right to request the provider to halt all future business in Oklahoma as a parent-taught driver education provider and to reapply for certification.
(e) Solicitation and advertising. Any provider approved and certified by Service Oklahoma may advertise and solicit business for its course in Oklahoma. The phrase "Certified by Service Oklahoma, State of Oklahoma" must be included in any printed matter. However, at no time shall the provider state or imply that the course offered by the provider is recommended by the Division, Service Oklahoma, any employee of Service Oklahoma, or the State of Oklahoma.
670:15-19-6. Course of study and instruction (curriculum) [AMENDED]
(a) In general. A prescribed course of study and instruction, or curriculum, for parent-taught driver education shall be designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles, encompassing:
(1) Those provisions of the Oklahoma Vehicle Code (47 O.S. Chapters 1 through 20) and other laws of this state relating to the operation of motor vehicles;
(2) Acceptance of personal responsibility in traffic; and
(3) Appreciation of the causes, seriousness, and consequences of traffic collisions.
(b) Hours of instruction. Parent-taught driver education students shall receive a minimum of thirty (30) hours of classroom instruction and a minimum of fifty-five (55) hours of actual behind-the-wheel instruction in the vehicle accepted by Service Oklahoma, while accompanied by and under the supervision and instruction of a parent instructor accepted by Service Oklahoma. No behind-the-wheel instruction will be counted toward the completion certificate by the provider until after the student has been issued an Oklahoma learner permit.
(c) Course content. The content of the parent-taught driver education course shall include, but not be limited to, instruction in the following:
(1) Signs, signals, highway markings and highway design.
(2) Rules of the road, state laws, and local ordinances.
(3) Driving attitude toward motorcyclists, bicyclists, and pedestrians.
(4) Basic driving maneuvers.
(5) Operation of motor vehicle on streets and highways.
(6) Familiarity with the Oklahoma Driver's Manual, distributed by Service Oklahoma. Copies of this manual are available for purchase from licensed operators throughout the state or at no charge from Service Oklahoma's website at service.ok.gov.
(7) Insurance laws of the state.
(8) Financial responsibility.
(9) Seat belt use and laws.
(10) Effects of natural laws on driving.
(11) Alcohol and drug substance abuse and the effect on driving.
(12) Basic vehicle maintenance including fluid levels, tire pressure and lighting systems.
(13) Dangers of texting while driving.
(14)Driving skills:
(A) Starting.
(B) Backing.
(C) Parallel parking.
(D)(C) Hill parking.
(E)(D) Starting on hill.
(F)(E) Intersection movement and observance.
(G)(F) Lane observance and changing.
(H)(G) Left and right turns.
(I)(H) Pedestrian and vehicle right-of-way.
(J)(I) Proper use of automatic and/or standard transmission.
(K)(J) Use of brake and accelerator.
(L)(K) Traffic lights or signals.
(d) Vehicle operation. The vehicle used in a behind-the-wheel session of a parent-taught driver education course shall be operated in compliance with state law.
670:15-19-7. Prescribed forms [AMENDED]
(a) Parent-taught driver education provider applications. Parent-taught driver education provider applications shall be requested from Service Oklahoma to apply for certification as a parent-taught driver education provider. The application will require the applying parent-taught driver education provider to provide the following information:
(1) Date of application;
(2) Name of parent-taught driver education provider institution;
(3) Complete school physical address and mailing address;
(4) Name of administrator;
(5) Statement of agreement to comply with rules of Service Oklahoma and with the provisions of any contract entered into between the provider and a parent in Oklahoma;
(6) Information required in OAC 670:15-19-4;
(7) Signature of administrator; and
(8) Show proof of purchase and delivery of curriculum.
(b) Completion certificates. A completion certificate shall be provided by and issued by the parent-taught driver education provider to each student upon the successful completion of course work (both classroom and behind the wheel). The completion certificate shall not be issued unless the applicant has held a learner permit for the required amount of time while performing the behind the wheel portion of the curriculum. These certificates shall be computer generated, in a format agreed upon by Service Oklahoma and the provider, and shall contain the following:
(1) Name of the provider;
(2) Full legal name of student;
(3) Number of total hours instruction, and a breakdown of in-class/in-car hours;
(4) Date of completion;
(5) Signature of administrator (stamped signature acceptable);
(6) Embossed or electronically generated seal of provider; and
(7) Service Oklahoma control/approval number.
(c) Parent affidavit. The parent affidavit will be included in the parent-taught driver education packet [see OAC 670:15-19-5 regarding the packet]. The affidavit shall be completed and signed by the parent(s) who will be teaching the parent-taught driver education course or online applications may be completed without any signature and submitted to and accepted by Service Oklahoma prior to commencement of the parent-taught driver education course. The affidavit will contain the following information:
(1) For each parent desiring to be a parent-instructor, the full legal name, mailing address, and driver license number of the parent;
(2) The name of the parent-taught driver education provider selected by the parent;
(3) The full legal name, mailing address, and instruction permit number or driver license number of the student;
(4) A statement which affirms that any vehicle used for behind-the wheel instruction will comply with Oklahoma's insurance requirements (47 O.S. Chapter 7) and safety and equipment requirements (47 O.S. Chapters 12 and 13);
(5) Statements to which the parent(s) and student(s) express understanding and agreement:
(A) The affidavit does not constitute authorization for the student to drive in lieu of possession of a valid Oklahoma instruction permit or driver license, nor is it a substitute for insurance verification.
(B) The accepted copy of the affidavit must be carried in the vehicle during any behind-the- wheel session of parent-taught driver education and must be presented upon demand to any law enforcement officer or Service Oklahoma employee.
(C) No more than two (2) students and two (2) parent instructors shall occupy the vehicle during any behind-the-wheel session of parent-taught driver education.
(D) All state laws regarding the operation of a motor vehicle and all rules of Service Oklahoma regarding parent-taught driver education shall be obeyed by the student(s) and parent(s).
(E) The parent(s) and student(s) shall notify Service Oklahoma immediately if any information on the affidavit changes.
(F) The parent(s) and student(s) agree to hold harmless and free from any liability Service Oklahoma, any of Service Oklahoma's employees, and the State of Oklahoma.
SUBCHAPTER 25. COMMERCIAL DRIVER LICENSE RENEWAL AND REPLACEMENT
670:15-25-2. Procedure for obtaining a replacement driver license in person [AMENDED]
(a) General requirements. Any licensee requiring a replacement commercial driver license because the license was lost, stolen, or mutilated, or because information on the license needs to be changed, shall request a replacement, upon presentation of proper identification and payment of the required fee. The Driver License Examiner shall retain the driver license to be replaced if it is available.
(b) Required identification to replace lost, stolen, or mutilated license. Any person shall provide identification as prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant commercial driver license and OAC 670:15-1-3(c) for a REAL ID Non-Compliant commercial driver license. The applicant must provide current United States citizenship or lawful permanent resident and proof of domicile in the State of Oklahoma. If the credential cannot be produced because it was lost or stolen, the applicant must complete the Lost or Stolen Driver License Affidavit and submit it with his or her request.
(c) Required identification to change information and replace a commercial driver license.
(c)
(1) Name change. Any person who requests a replacement commercial driver license in order to make a name change shall comply with the identification requirements prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant credential and OAC 670:15-1-3(c) for a REAL ID Non-Compliant credential to identify the person by his or her former name and with OAC 670:15-1-16 to identify the person by his or her new name. The former name shall be entered by the Driver License Examiner into the "Alias" field in the driver license database to provide historical information to Service Oklahoma. The person requesting the name change may retain the old license, if it is available, after Service Oklahoma has invalidated the document by punching a hole through the license class and license type displayed.
(2) Address change. A licensee shall request a replacement commercial driver license within ten (10) calendar days of any address change and
(A) shall provide the new address to Service Oklahoma, and
(B) shall provide identification as prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant credential and OAC 670:15-1-3(c) for a REAL ID Non-Compliant credential.
(3) Endorsement or restriction change. Any person who requests a replacement commercial driver license in order to change endorsement or restriction information on the license shall provide identification as prescribed in OAC 670:15-1-3(b) for a REAL ID Compliant credential and OAC 670:15-1-3(c) for a REAL ID Non-Compliant credential. The person requesting the information change may retain the old license, if it is available, after Service Oklahoma has invalidated the credential by punching a hole through the license class and license type displayed.
(4) Sex change. The licensee shall show an original or certified court order for name change, if applicable, and a notarized statement on letterhead from the physician who performed the sex change operation indicating the applicant or licensee has undergone a complete physical sex change. The letter shall state the sex change is "irreversible and permanent". The licensee shall also show proof of former legal name, if applicable. The new sex shall be entered by the Driver License Examiner in the "Sex" field in the driver license database, and the former name shall be entered by the Driver License Examiner into the "Alias" field in the driver license database to provide historical information to Service Oklahoma.
(d) Limitations to issuance of a replacement driver license.
(1) A commercial driver licensee shall appear before a Driver License Examiner to request a replacement commercial driver license in order for the Driver License Examiner to perform the federally required ten-year driving history check.
(2) A replacement commercial driver license shall be issued only to an individual whose driving privilege is not under suspension, revocation, disqualification, cancellation, or denial and who complies with this Chapter, state laws, and federal laws and regulations.
(3) The commercial driver license number may be changed as provided in OAC 670:15-23-3.
SUBCHAPTER 29. COMMERICAL DRIVER LICENSE EXAMINATION
670:15-29-6. Vehicle inspection examination of commercial motor vehicles [AMENDED]
(a) Condition of vehicle. It is the responsibility of the applicant to furnish for the skills examination a commercial motor vehicle in good working order which meets all state laws and federal requirements regarding operability and equipment.
(b) In general. An applicant for a commercial driver license shall pass a vehicle pre-trip inspection examination at the designated inspection location. The pre-trip inspection test:
(1) shall be performed in a vehicle representative of the vehicle class for the type of commercial driver license for which the applicant is applying,
(2) shall not be performed using a vehicle transporting hazardous materials or a vehicle which is required to be placarded for hazardous materials under the rules of Service Oklahoma or federal law or regulation,
(3) shall not be performed using a vehicle which requires an oversize permit under state law or Service Oklahoma rules,
(4) shall not be performed using a vehicle that was not designed and constructed by the manufacturer with a seating capacity for one or more persons in addition to the driver, and
(5) shall not be performed with the assistance of notes or prompting other than the memory aid provided by Service Oklahoma.
(c) Physical pre-trip inspection examination. The physical pre-trip inspection examination administered for a commercial driver license shall consist of the content and methods provided in the most recent release of the 2005 any skills test model approved by the Federal Motor Carrier Safety Administration. American Association of Motor Vehicle Administrators CDL test model. The content is available to the public as provided for in OAC 670:15-11-17.
(d) Scoring procedure. The scoring procedure for the vehicle pre-trip inspection examination shall be based on the applicant's ability to identify and fully explain what is being inspected for each item required to be inspected. Applicants must successfully identify and explain at least 70% of the inspection items, which will be based upon the type and axle configuration of the vehicle.
(1) For air brake vehicles, the following actions will constitute an automatic failure:
(A) an air brakes leakage test while the engine is running,
(B) failure to turn the ignition key to the "on" or "accessory" position for air brake bleed down test, or
(C) failure to release the parking brake for air leakage and bleed down test.
(2) For hydraulic vehicles, failure to complete a hydraulic brake check correctly will constitute an automatic failure.
(3) If the applicant fails to complete the brake check correctly, the applicant will be deemed to have failed the pre-trip inspection examination.
(e) Failure to complete the pre-trip inspection examination within the allotted time. The applicant will be allowed forty (40) minutes to complete the pre-trip inspection examination. Upon completion of the pre-trip inspection examination or the expiration of the allotted forty (40) minutes, the examiner will score the pre-trip inspection examination. If the applicant does not achieve a passing score of inspection items, the applicant will be deemed to have failed the pre-trip inspection examination.
670:15-29-7. Skills examination [AMENDED]
(a) In general. The skills examination shall be administered in accordance with Title 49 of the Code of Federal Regulations. Whenever a skills examination is required, the following general conditions shall apply:
(1) The skills examination shall start at a designated location and shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a commercial motor vehicle. The applicant must take the skills test in the type of vehicle for which he or she requests to be licensed. It is the responsibility of the applicant to furnish for the skills examination a commercial motor vehicle in good working order which meets all state laws and federal requirements regarding operability and equipment. A vehicle not equipped with air brakes shall be required to have driving restriction code "L" (Vehicle Without Air Brakes) placed on the license of the applicant, upon approval for the issuance of the commercial driver license.
(2) The skills examination shall not be administered in a commercial motor vehicle which:
(A) is transporting hazardous materials or which is required to be placarded for hazardous materials,
(B) requires an oversize permit under the laws of this state or the rules of Service Oklahoma,
(C) was not designed and constructed by the manufacturer with a seating capacity for one or more persons in addition to the driver,
(D) is not insured as required by 47 O.S. §7-600 et seq.,
(E) does not have a current license plate unless the vehicle has an unexpired dealer tag or a dated notarized bill of sale not more than five (5) days old.
(F) is saddle mounted,
(G) is a wrecker vehicle towing another vehicle,
(H) is not equipped with seatbelts, if the vehicle was originally manufactured and equipped with seatbelts,
(I) any vehicle that has components marked or labeled cannot be used for the CDL skills test, or
(J) any vehicle hauling livestock.
(3) The applicant has been issued CLP for a minimum of fourteen (14) days. The date of issuance shall not be included.
(b) Scoring of Basic Control Skills (BCS) examination. The Basic Control Skills scoring procedure shall consist of the content and methods provided in the most recent release of the 2005 American Association of Motor Vehicle Administrators CDL any test model approved by the Federal Motor Carrier Safety Administration. The content is available to the public as provide for in OAC 670:15-11-17. The applicant will be allowed ten (10) minutes per Basic Control Skills (BCS) maneuver to complete the maneuver. In the event the applicant is not able to complete the maneuver in the time allowed, the skills examination will be deemed an automatic failure.
(c) Retesting. An applicant who fails the skills examination for a commercial driver license may be granted the opportunity to retest the following business day.
(d) Substitute for skills examination. A skills examination may be waived by Service Oklahoma pursuant to Oklahoma law or Title 49 of the Code of Federal Regulations.
SUBCHAPTER 31. COMMERCIAL DRIVER LICENSE THIRD-PARTY EXAMINERS
670:15-31-4. Requirements for certification as a certified school; display of certificate; certification renewal [AMENDED]
(a) Requirements and application for certification. A school district, technology center school, or a commercial truck driving school may apply for certification as a certified school. The applying school shall meet the following requirements:
(1) Be actively enrolling students and teaching a formal course of instruction for school bus drivers training as approved by the State Board of Education, or truck driver training as approved by the Oklahoma Board of Career and Technology Education, the Oklahoma Board of Private Vocation Schools, or a commercial truck driving school.
(2) Obtain and possess written approval to make application for and be, if approved, a certified school from:
(A) the State Board of Education, if the school is a school district, or
(B) the Oklahoma Board of Career and Technology Education, if the school is a technology center.
(C) Service Oklahoma, if the school is a commercial truck driving school that has been in operation for at least two (2) years. Branch locations of currently certified schools are exempt from this requirement, so long as the school remains certified.
(D) the Oklahoma Board of Private Vocation Schools, if the school is a technology school operated in accordance with the rules of OBPVS.
(3) Submit an application to Service Oklahoma on a form prescribed by Service Oklahoma [OAC 670:15-31-12].
(4) Have its on-site examination route or routes examined and approved by Service Oklahoma. A route:
(A) shall start and end on the premises or property of the certified school, unless otherwise approved by Service Oklahoma,
(B) shall meet all state and federal requirements,
(C) shall not be altered or changed in any manner without first being examined and approved by Service Oklahoma,
(D) shall not be replaced by an alternate route unless the alternate route is first examined and approved by Service Oklahoma. If, during the course of the examination, it is determined that any of the approved routes could not be followed, the third-party examiner shall notify Service Oklahoma in writing immediately after completing the test as to the reason for the change in route,
(E) shall not be used to conduct training or practicing for the examination, and
(F) shall be configured to be at least seventy-five percent (75%) different from any route used for training or practicing.
(5) Agree to:
(A) meet minimum examination standards required by Service Oklahoma and by the Federal Motor Carrier Safety Regulations [49 C.F.R. Part 383];
(B) allow access to school facilities by Service Oklahoma and by the Federal Motor Carrier Safety Administration for the purpose of monitoring examinations and examining records;
(C) comply with the Oklahoma Open Records Act [51 O.S., § 24a.1, et seq.] with regard to records kept pursuant to this Subchapter;
(D) maintain security of examination documents and related material as deemed necessary by Service Oklahoma;
(E) ensure all examinations are administered by a third-party examiner;
(F) ensure third-party examiners administer the examination only to driver license applicants
who:
(i) have successfully completed a formal course of instruction at the institution where the third-party examiner is employed and certified, or
(ii) successfully completed a course of instruction at a school district or technology center school in the surrounding counties of the certified school, and
(iii) have a commercial learner permit and driver license issued by Oklahoma. The commercial learner permit must be issued at least fourteen (14) days prior to testing and the date of issuance shall not be included;
(G) ensure no person acts as a third-party examiner without current certification from Service Oklahoma;
(H) provide immediate written notification to Service Oklahoma of any impropriety or misconduct of any third-party examiner employed by the school;
(I) acknowledge that Service Oklahoma reserves the right to take prompt and appropriate remedial action against the certification of any school or of any third-party examiner in the event that the school or the third-party examiner fails to comply with:
(i) any state law, Service Oklahoma rule, or federal regulation regarding the examination of an applicant for a commercial driver license, or
(ii) any terms of the appropriate memorandum of understanding or of a subsequent contract or agreement entered into pursuant to the memorandum of understanding, any terms of the contract or agreement entered into with Service Oklahoma;
(J) maintain records of all third-party examiners employed by the school and copies of all documents relating to examinations administered for a period of not less than three (3) years; provided, if a school discontinues doing business, the school shall send to Service Oklahoma a roster of all students who were administered examinations by the school during the immediately preceding three (3) years;
(K) immediately notify Service Oklahoma by telephone, followed by written notification within five (5) days, of the termination of employment of any third-party examiner. The official seal of Service Oklahoma, the CDL examiner's manual, the score sheet pads and/or testing tablet, and the certificate and identification card issued by Service Oklahoma to the third-party examiner shall be returned to Service Oklahoma with the written notification;
(L) immediately notify the CDL manager, electronically, by telephone, or first-class mail of every fraudulent application made to obtain a commercial driver license; and
(M) acknowledge that Service Oklahoma reserves the right to randomly reexamine applicants tested by third-party examiners for purposes of quality assurance.
(b) Certification. Upon acceptance and approval by Service Oklahoma of the application for certification from a school district, technology center school, or any public or private commercial truck driving school, or upon acceptance and approval by Service Oklahoma of the application for renewal of certification from a certified school, and upon completion to the satisfaction of Service Oklahoma by the school of all other requirements for certification, Service Oklahoma shall provide the certified school with a certificate evidencing approval by Service Oklahoma as a certified school. The certificate shall be posted at the examination location at the certified school and in full view of the public. The certificate shall be valid for one (1) year.
(c) Renewal of certification. A certified school may apply for renewal of certification as a certified school. The school shall meet the following requirements:
(1) Have evidence on file with Service Oklahoma of a satisfactory on-site inspection conducted by an employee of Service Oklahoma prior to renewal.
(2) Employ at least one third-party examiner.
(3) Submit an application for renewal on a form prescribed by Service Oklahoma no later than December November 1 of the year of expiration [OAC 670:15-31-12].
670:15-31-5. Requirements for certification as a third-party examiner, display of certificate, certification renewal [AMENDED]
(a) Requirements and application for certification. A driver training instructor [see OAC 670:15-33-4 for instructor qualifications] may apply for certification as a third-party examiner by completing an application provided by Service Oklahoma [see OAC 670:15-31-12]. The applicant shall meet the following requirements:
(1) Meet all the requirements for a Driver License Examiner of Service Oklahoma
(2) Upon initial review of a completed application, Service Oklahoma will provide the applicant with instructions to obtain a current electronic national criminal history record check in accordance with the Oklahoma Statutes
(3) A current electronic national criminal history record check, for a third-party examiner license, is required when an applicant has any break in licensing
(4) Be employed by a certified school, public school, technology center or state entity.
(5) Have and maintain throughout the time period to be covered by the certification:
(A) a valid Oklahoma commercial driver license for the class or classes of vehicle, including any endorsement or endorsements, for which the instructor desires to administer examinations; provided, the applicant shall not be required to have a hazardous materials endorsement (endorsement H),
(B) in order to administer school bus examinations, a valid School Bus Workshop Instructor Certificate issued by the State Board of Education, and
(C) in order to administer truck examinations, a valid certificate issued by the Oklahoma Board of Career and Technology Education or Service Oklahoma showing the applicant has met the current requirements.
(6) Successfully complete a course of instruction prescribed by Service Oklahoma [see OAC 670:15-31-6].
(7) Have full use of both upper and lower extremities.
(8) Agree to submit examination reports to Service Oklahoma by electronic means immediately upon completion of each examination.
(9) Be required to meet at Service Oklahoma with the CDL Manager or designee to discuss the program requirements and expectations.
(10) Submit required initial fee of One Thousand Dollars ($1000.00). If an applicant for the Third-Party Examiner program is employed by a public school, technology center or state entity, the fee may be waived by Service Oklahoma.
(b) Ineligibility based upon driving record or criminal record. A driver training instructor shall be deemed to be ineligible for certification as a third-party examiner upon evidence of a record of any of the following convictions:
(1) Two (2) or more convictions for a moving traffic offense within the twelve (12) months immediately preceding the application, or
(2) Any alcohol- or drug-related conviction requiring Service Oklahoma to revoke, suspend, or disqualify the instructor's driving privilege within the five (5) years immediately preceding the application.
(3) Any conviction for any offense which required or will require Service Oklahoma to take any type of action against the instructor within the three (3) years immediately preceding the application, including, but not limited to:
(A) a warning letter, or
(B) a revocation, suspension, cancellation, denial or disqualification of the instructor's driving privileges.
(4) Any misdemeanor conviction, except for a misdemeanor conviction for a traffic offense, within the five (5) years immediately preceding the application.
(5) Any felony conviction within the last ten (10) years in this state or any state or other state or country or any conviction involving fraudulent activities in this state or any other state or country.
(c) Certification. Upon acceptance and approval by Service Oklahoma of the application for certification from a driver training instructor, or upon acceptance and approval by Service Oklahoma of the application for renewal of certification from a third-party examiner, and upon completion to the satisfaction of Service Oklahoma by the instructor or third-party examiner of all other requirements for certification, Service Oklahoma shall provide the third-party examiner with:
(1) a certificate evidencing approval by Service Oklahoma as a third-party examiner, which shall be posted at the examination location at the certified school and in full view of the public. The certification will be valid for one (1) year.
(2) an identification card to be carried by the third-party examiner whenever the examiner is administering an examination.
(3) an official seal to be used by the third-party examiner to be used as provided in OAC 670:15-31-13.
(4) If the initial application for approval is denied, a school or applicant may re-apply no more than two (2) times per calendar year.
(5) Any applicant denied certification under this subsection may request an administrative hearing pursuant to OAC 670:1-1-8 et seq.
(d) Renewal of certification.
(1) A certified third-party examiner shall be eligible for renewal of certification if the examiner:
(A) submits an application for certification renewal upon a form provided by Service Oklahoma no later than December November 1 of the expiration year of the certification [see OAC 670:15-13-12],
(B) Upon initial review of a completed application, Service Oklahoma will provide the applicant with instructions to obtain a current electronic national criminal history record check in accordance with the Oklahoma Statutes.
(C) A current electronic national criminal history record check, for a third-party examiner license, is required when an applicant has any break in licensing;
(D) submits a current copy of the State Department of Education instructor certificate, or a valid certificate issued by the Oklahoma Board of Career and Technology Education confirming instructor certification or a valid certificate issued by Service Oklahoma confirming instructor certification.
(E) is currently employed by a certified school, public school, technology, or state entity,
(F) currently meets the requirements and standards of Service Oklahoma as prescribed by this Subchapter,(G) administered ten (10) or more full examinations within the twelve (12) months immediately preceding the application for renewal of certification, and
(H) submits required renewal fee of Five Hundred Dollars ($500.00). If applicant for the Third-Party Examiner program is employed by a public school, technology center or state entity, the fee may be waived by Service Oklahoma.
(2) Any driver training instructor who was previously certified as a third-party examiner and whose previous certification has been expired for not more than one (1) year may make application for renewal of certification as provided in paragraph (1) of this section.
(3) Any Third-Party Examiner who does not qualify for renewal of certification may apply, after a period of at least one (1) year from the date the examiner was notified he or she was not qualified for renewal of certification, for certification as a third-party examiner and shall meet all requirements as for an initial application for certification as a third- party examiner.
(4) Upon any Third-Party Examiner's second failure to meet the requirement to conduct ten (10) or more full examinations within the twelve (12) months immediately preceding the application for renewal of certification, the Third-Party Examiner shall be removed from the Third-Party Examiner Program. The Third-Party Examiner must wait a minimum of one (1) year before reapplying to the Third-Party Examiner Program.
SUBCHAPTER 33. TRUCK DRIVER TRAINING
670:15-33-3. School licenses and instructor permits [AMENDED]
In general. A school license shall be required for any school that offers any form of instruction, whether it is entry-level truck driver training to students who do not possess a valid commercial driver license or any form of refresher training. An instructor permit shall be required for instructors who teach truck driver training.
(1) Schools - original application. Applications must be submitted at least ninety (90) days in advance of opening a school to allow Service Oklahoma to conduct a pre-audit and ensure suitable location.
(A) All applications for an original school license shall be made on a form provided by Service Oklahoma. The term of each original school license shall be for a period of one (1) year.
(B) Each application for an original school license shall be accompanied by:
(i) a fee of Twenty-five Dollars ($25.00), which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business check. No other forms of payment will be accepted.
(ii) a schedule of fees and charges,
(iii) a certificate of insurance from a company licensed to conduct business in this State certifying proper commercial insurance coverage to include the vehicle inventory,
(iv) the make, model and vehicle identification number of each commercial motor vehicle used for training purposes, if truck and/or trailer are leased, a copy of the lease agreement and
(v) a sample copy of each type of contract or agreement which the school may enter into with students
(C) No license fee shall be refunded in the event the license is rejected, suspended, or revoked by Service Oklahoma.
(D) All applications shall be approved by Service Oklahoma before a school shall be permitted to open for business.
(E) Every operator of a school shall be required to have an instructor permit.
(F) Application for a school license may be obtained:
(i) upon request by mail from Service Oklahoma, P.O. Box 11415, Oklahoma City, Oklahoma 73136-0415, or
(ii) on the Service Oklahoma website at service.ok.gov, or
(iii) contacting the CDL Manager by phone at 405-425- 2300or email.
(G) All schools shall meet the requirements of OAC 670:15-33-13.
(H) The individual school may apply no more than two (2) times each calendar year.
(2) Schools - renewal application.
(A) All applications for a renewal school license shall be made on a form provided by Service Oklahoma. The term of each renewal school license shall be for a period of one (1) year.
(B) Each application for a renewal school license shall be accompanied by:
(i) a fee of Twenty-five Dollars ($25.00), which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business check, no other forms of payment will be accepted.
(ii) a schedule of fees and charges, if any changes have been made since the last license issuance,
(iii) a certificate of insurance from a company licensed to conduct business in this State certifying proper commercial insurance coverage (must include appendix of listed vehicles insured for training) to include the vehicle inventory,
(iv) the make, model and vehicle identification number of each commercial motor vehicle used for training purposes, and
(v) a sample copy of each type of contract or agreement which the school may enter into with students.
(C) All application forms for renewal school licenses shall be mailed by Service Oklahoma to each school no later than October 1 every year. Each school desiring to renew shall submit an application to Service Oklahoma no later than November 1 of each year. If application for renewal is not received by the required date and Service Oklahoma is unable to process and approve the application by December 31, the commercial school shall cease operation on January 1 of the following year and shall not resume operation until the application for renewal is processed and approved by Service Oklahoma.
(3) Instructors - original applications.
(A) All applications for an original instructor permit shall be made on a form provided by Service Oklahoma. The term of an original instructor permit shall be for a period of no more than one (1) year. An instructor shall make application for each school location where he or she will be instructing. An instructor permit for a particular school shall become invalid upon termination of employment with that school. If an instructor accepts employment with another school or schools, an instructor permit shall be transferable.
(B) Each application for an original instructor permit shall be accompanied by:
(i) documentation required by OAC 670:15-33-4, and
(ii) a fee of Five Dollars ($5.00), which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business check. No other forms of payment will be accepted.
(iii) the requirement to meet at Service Oklahoma with the CDL Manager and/or his or her designee to discuss the program requirements and expectations.
(C) Upon initial review of a completed application to Service Oklahoma will provide the applicant with instructions to obtain a current electronic national criminal history record check in accordance with the Oklahoma statutes.
(D) A current electronic national criminal history record check, for a commercial school driver education instructor license, is required:
(i) When an applicant has any break in licensing and the result of the previous electronic national criminal history record check on file with Service Oklahoma for the commercial school employee is more than one (1) year old;
(ii) If the applicant changes employment to a commercial school with a different owner and it has been more than one (1) year since the last electronic national criminal history record check was completed; or
(iii) If an electronic national criminal history record check was not previously required for the commercial school employee.
(E) An application to be certified a CDL Instructor may be submitted no more than two (2) times per calendar year.
(4) Instructors - renewal applications.
(A) All applications for a renewal instructor permit shall be made on a form provided by Service Oklahoma. The term of each renewal instructor permit shall be for a period of one (1) year. An instructor shall make application for each school location where he or she will be instructing. An instructor permit for a particular school shall become invalid upon termination of employment with that school. If an instructor accepts employment with another school or schools, an instructor permit shall not be transferable, and the instructor shall apply for an original license for each school where he or she is a new employee.
(B) Each application for a renewal instructor permit shall be accompanied by:
(i) documentation required by OAC 670:15-33-4, and
(ii) a fee of Five Dollars ($5.00), which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business check. No other forms of payment will be accepted.
(C) Any instructor who allows his or her instructor permit to lapse or expire without renewal shall reapply as if for an original instructor permit.
670:15-33-4. Qualifications for instructors [AMENDED]
(a) An instructor employed by a school shall submit to Service Oklahoma, upon application, proof of the following:
(1) current employment by a Service Oklahoma-certified school that offers a prescribed course of study;
(2) possessing a valid Oklahoma commercial driver license, with proper class and endorsements commensurate with type or types of vehicles and endorsements which are the subject of instruction;
(3) being at least twenty-one (21) years of age;
(4) having two (2) years verifiable driving experience, to include the proper endorsements, in the type of vehicle or vehicles used by the school for instructional purposes or having two (2) years of verifiable experience as a commercial motor vehicle instructor. The verifiable driving experience must be within ten (10) years of the application date; and must be verifiable through HireRight or the equivalent electronic background unless self-employed. If the driving experience is from self-employment, three (3) two (2) years of tax returns with the company information must be provided to Service Oklahoma.
(5) current medical examiner's certificate.
(b) An applicant will not be issued an instructor license if any of the following disqualifying events, from any jurisdiction, are revealed by the electronic national criminal history record check:
(1) any felony conviction;
(2) any pending court action that could result in a felony conviction;
(3) any conviction that would result in the applicant having to register according to the Sex Offenders Registration Act;
(4) any conviction of a misdemeanor possession or use of alcohol or drugs within the past twelve (12) months.
(c) Upon review of the applicant's driver history:
(1) Driving privileges must be reinstated for at least twelve (12) months, if driving privileges were suspended, canceled, revoked, denied, or disqualified for a driving-related conviction or for Service Oklahoma action related to driving under the influence or driving while impaired;
(2) If driving privileges are suspended, canceled, revoked, denied, or disqualified only for a non-driving-related conviction or reason, the applicant shall be eligible immediately upon reinstatement of driving privileges;
(3) The applicant cannot have more than five (5) points accumulated on the driving record;
(4) The applicant cannot have any administrative action pending pursuant to 47 O.S. §§753, 754, or 754.1.
670:15-33-10. Specification for commercial motor vehicles [AMENDED]
(a) Commercial motor vehicles used in training shall meet the minimum safety standards in the most recent edition of the "North American Standard Out-of-service Criteria," as published annually by the Commercial Vehicle Safety Alliance. Vehicles found in violation of these standards shall not be used for training or leased to an applicant for use in the commercial driver license skills examination.
(b) All students and instructors shall comply with the Oklahoma Mandatory Seat Belt Use Act, 47 O.S. §§ 12-416 through 12-420, whenever the vehicle is in operation.
(c) Each commercial vehicle used in training shall be marked on each side and on the rear of the vehicle with a sign using letters no less than two (2) inches in height bearing the words: "TRUCK DRIVER TRAINING" or "COMMERCIAL DRIVER TRAINING" and "STUDENT DRIVER".
(d) Each commercial vehicle used in training shall bear a sign plainly visible from the rear bearing the words: "NOT FOR HIRE".
(1) Each truck-tractor and trailer shall be marked on each side and on the rear with a sign bearing the words: "TRUCK DRIVER TRAINING or "COMMERCIAL DRIVER TRAINING" and "STUDENT DRIVER."
(2) Each trailer shall bear a sign plainly visible from the rear bearing the words: "NOT FOR HIRE".
(3) Any additional signs and markings shall not be placed on the vehicle without prior approval by Service Oklahoma.
(e) All commercial vehicles, truck-tractors and trailers shall be used only for the purpose of driver training and no school shall accept payment in any way for services rendered from use of the vehicle; provided, the school may lease the truck-tractor or trailer, or both, for the sole purpose of use of the vehicle leased to allow the leasee to take the skills examination as part of the application process for a commercial driver license.
(f) All vehicles must have the vehicle registration, security verification form, and current cab card if registered with apportioned tag. If truck tractor and/or trailers are leased for purposes of training, a lease agreement must be available at the time of inspection.
(g) All commercial vehicles must be inspected and approved by Service Oklahoma prior to use of any kind or in any form of training. An inspection shall be requested through the CDL Manager, or designee, by mail (Service Oklahoma, P.O. Box 11415, Oklahoma City, OK 73136), phone (405- 425-2300), or email to Service Oklahoma once the vehicle has the vehicle been added to the school's inventory and reflected on the school's insurance. Once it has been added to the inventory at the school's location, it cannot be moved to another school location without prior approval from Service Oklahoma. Service Oklahoma may require insurance documentation reflecting the commercial vehicle has been added to the new location's inventory.
670:15-33-12. Reports [AMENDED]
(a) Schools shall provide to Service Oklahoma on forms provided by Service Oklahoma, the following:
(1) Prior to beginning instruction on the first day of class, an enrollment roster with a current list of all students enrolled in the school, including for each student the complete legal name, date of birth, phone number and commercial driver license number or commercial learners permit number.
(2) Immediately upon a student dropping the course, the school shall submit the student drop form that includes a list of students who drop the course.
(3) Upon course completion, the school shall submit a completion roster with a list of students that completed the course.
(4) A skills test schedule with a list of students for testing is to be submitted, during business hours, five (5) two (2) business days prior to an original test date and two (2) days prior to a re-test date.
(5) Other reports as may be requested by Service Oklahoma.
(b) A copy of the completed forms prescribed in (a) of this Section, along with any correspondence with Service Oklahoma, shall be kept on file in the office of the school for a minimum of three (3) years.
670:15-33-13. Requirements for schools and classrooms [AMENDED]
(a) Location and classroom facility of schools. The school shall:
(1) have at least one (1) permanent classroom. Each classroom shall be used exclusively for classroom instruction during the time of instruction. A classroom shall not be located in:
(A) a residence or residential facility or complex,
(B) a motor vehicle, or converted motor vehicle,
(C) a hotel or motel, or
(D) any other facility which has a bar, lounge, or other business which sells alcohol for public consumption on the premises;
(2) display its current and valid school license in the licensee's principal place of business at all times when classes are in session. The license or a copy of the license shall also be made available for inspection to students or prospective students;
(3) comply with local municipal ordinances regarding lighting, heating, ventilation, and restroom facilities; and
(4) have adequate room for equipment including but not limited to: chalkboard, dry-erase board or SMART board, projector, television, tables and chairs for the number of students enrolled in the class being taught,
(5) an on location have a basic control skills pad that is adequate in size to allow for proper training.
(b) Advertising.
(1) No school shall use or conduct any business under any name other than its fully licensed name.
(2) A sign reading "This school is licensed by Service Oklahoma, State of Oklahoma" or similar language may be displayed on the school premises.
(3) The school may place language such as "This school is licensed by Service Oklahoma, State of Oklahoma" in any advertisements and publications of the school. However, a school may not use advertisement or publicity that states or implies that the school is specifically or uniquely recognized, recommended, or endorsed, or directly supervised by Service Oklahoma.
(4) No fraudulent or deceptive statements, promotions, or fee incentives shall be used on any sign or in advertisement, whether written or oral.
(5) No school shall advertise, by any means, or otherwise state or imply that a commercial driver license or permit is guaranteed or assured to any student or individual who will take or complete any instruction offered by the school.
(c) Agreements and schedule of fees.
(1) A sample copy of each type of contract or agreement which the school may enter into with students shall be submitted to Service Oklahoma with the application for an original or renewal license.
(2) Prior to enrollment or payment of fees, each prospective student shall be provided the following information, in writing:
(A) the type of instruction offered, whether classroom or behind-the-wheel, or both;
(B) the length of the course of study and the length of each lesson;
(C) the cost of the course of study, or the cost per lesson, as applicable to the fee structure of the school;
(D) the cost to lease a commercial motor vehicle from the school for the purpose of taking the skills examination;
(E) the terms of payment and disclosure of any interest charged;
(F) a statement indicating the specific date and time when instruction is to start.
(3) The complete schedule of fees shall be posted in easy view of students and prospective students.
(4) If any school fails to comply with the provisions of this Subchapter, the school shall refund, on a prorated basis, all monies collected from the student.
(d) Records to be maintained.
(1) Each school shall maintain a permanently bound book with pages consecutively numbered or a computer spreadsheet, setting forth the name of the school; the name of each student; the contract or agreement number for each student; the type and date of instruction given, whether classroom or behind-the-wheel, for each student. If written, all entries shall be made in ink. This record shall be on a daily time sheet form approved by Service Oklahoma and initialed by each student for verification after that day's instruction.
(2) All student instruction records for classroom and behind-the-wheel instruction and a duplicate copy of each contract or agreement entered into between the school and the student (the original shall be given to the student) shall be kept on file in the office of each school for a period of three (3) years after the student has concluded instruction at or with the school. Each school shall furnish the student, if requested, an exact copy of his or her instruction record when all of the contracted courses are completed or the student otherwise ceases taking instruction at or with the school. If a school discontinues doing business, the school shall send to Service Oklahoma a roster of all students who attended the school during the immediately preceding three (3) years, with each student identified as to whether the student successfully completed or did not successfully complete the course of study.
(3) The student instruction record shall contain a copy of a receipt for any monies paid to the school by the student. The receipt shall contain:
(A) The name of the school.
(B) The name of the student.
(C) The date of payment.
(D) The amount of payment.
(E) The signature of the person receiving the payment.
(4) The student instruction record maintained by the school shall be available at all times for inspection and/or copying by an authorized representative of Service Oklahoma.
(5) A copy of the student's completion certificate, in a preprinted format prescribed by Service Oklahoma, shall be provided and issued by the school to each student upon the successful completion of course work (both classroom and behind-the-wheel). The certificate shall contain, at a minimum, the following:
(A) Name of the school;
(B) Full legal name of student;
(C) Number of total hours of instruction (optional);
(D) Date of completion;
(E) Signature of administrator (a stamped signature is acceptable).
(6) Medical examiner's certificate.
(7) Copy of the student's valid driver license and commercial learner permit.
(8) All lease agreements entered into between the school and an individual shall be kept on file in the office of each school for a period of three (3) years after the individual has completed the use of the agreement. Each school shall furnish the individual, if requested, an exact copy of his or her lease agreement. If a school discontinues doing business, the school shall send to Service Oklahoma all lease agreements with the school during the immediately preceding three (3) years.
SUBCHAPTER 37. DRIVER EDUCATION INSTRUCTION
670:15-37-3. Driver education instructor permit/license [AMENDED]
(a) Requirement of Driver Education Instructor Permit/license. A Driver Education Instructor Permit/license is required for instructors who teach Driver Education as prescribed under 47 O.S. §6-105 (D) and 47 O.S. § 801, who offer behind the wheel instruction to students who do not possess a valid Oklahoma driver license.
(b) Application for Driver Education Instructor permit/license.
(1) Public schools. The State Department of Education, Comprehensive Health/Driver and Traffic Safety Section, shall provide an application for Driver Education instructor permits/licenses and renewal permit/licenses for public schools upon request.
(A) The instructor shall make application to the State Department of Education by mail to: State Department of Education, Comprehensive Health/Driver Education, Room 314, 2500 Lincoln Boulevard, Oklahoma City, Oklahoma 73105-4599.
(B) The State Department of Education shall review the application as to teacher qualification and prescribed course of study and forward the application to Service Oklahoma.
(C) Driving privileges of the applicant shall not be under suspension, revocation, denial, or cancellation at the time of original or renewal application.
(2) Commercial schools - original application.
(A) All applications for an original commercial school license shall be made on a form provided by Service Oklahoma. The term of each original commercial school license shall be for a period of one (1) or four (4) years year. Each place of business and/or location shall be considered a separate commercial school and require a separate license.
(B) Each application for an original commercial school license shall be accompanied by:
(i) a fee of Twenty-five Dollars ($25.00) for a one (1) year license or One Hundred Dollars ($100.00) for a four (4) year license, which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business/personal check,
(ii) a class curriculum, and
(iii) an e-mail address.
(C) Each applicant shall maintain and have available for audit and inspection by Service Oklahoma:
(i) certificates of insurance from a company licensed to conduct business in this State certifying proper commercial insurance coverage, as required by OAC 670:15-37-11,
(ii) the make, model, vehicle identification number, and license plate number of each vehicle used for training purposes, and
(iii) school brochures, contracts of all agreements, and a schedule of fees and charges.
(D) No license fee shall be refunded in the event the license is rejected, suspended, or revoked by the Executive Director of Service Oklahoma.
(E) All applications must be approved by Service Oklahoma before a school will be permitted to open for business.
(F) Every operator of a Commercial Driver Education school shall be required to have a Commercial Driver Education Instructor License.
(G) Application for Driver Education Instructor license for non-public schools may be obtained from Service Oklahoma, Driver License Services Division, P.O. Box 11415, Oklahoma City, Oklahoma 73136-0415, or on the website of Service Oklahoma, service.ok.gov.
(H) All commercial schools shall meet the requirements of OAC 670:15-37-13.
(3) Commercial schools - renewal application.
(A) All applications for a renewal commercial driver education school license shall be made on a form provided by Service Oklahoma. The term of each renewal school driver education license shall be for a period of one (1) or four (4) years year. Each place of business and/or location shall be considered a separate commercial driver education school and require a separate driver education license.
(B) Each application for a renewal commercial driver education school license shall be accompanied by:
(i) a fee of Twenty-five Dollars ($25.00) for a one (1) year license or One Hundred Dollars ($100.00) for a four (4) year license, which shall be paid to Service Oklahoma in the form of a money order, cashier's check, or business/personal check,
(ii) a schedule of fees and charges, if any changes have been made since the last license issuance, and
(iii) an e-mail address.
(C) Each school desiring to renew shall submit an application, approved by Service Oklahoma, to each licensee at the school and shall remit all fees and submit all applications to Service Oklahoma no later than November 15 of the year of expiration. If application for renewal is not received by the required date and Service Oklahoma is unable to process and approve the application by December 31 of the year of expiration, the commercial school shall cease operation on January 1 of the year following the year of expiration and shall not resume operation until the application for renewal is processed and approved by Service Oklahoma.
(4) Commercial instructors - original applications.
(A) All applications for an original driver education instructor license shall be made on a form provided by Service Oklahoma. The term of each original driver education instructor license shall be for a period of no more than one (1) year or four (4) years. A driver education instructor shall make application for each Commercial Driver Education School he or she is employed and will be instructing. A driver education instructor license is valid at all locations of the same Commercial Driver Education School. A driver education instructor license shall become invalid upon termination of employment with the school. If a driver education instructor accepts employment with another school, the driver education instructor license is not transferrable, and the driver education instructor shall apply for an original license as a new employee of the other school.
(B) Each application for an original driver education instructor license shall be accompanied by:
(i) documentation required by OAC 670:15-37-4, and
(ii) a fee of Five Dollars ($5.00) for a one (1) year license or Twenty Dollars ($20.00) for a four (4) year license [47 O.S. § 805], which shall be paid by the commercial driver education school to Service Oklahoma in the form of a money order, cashier's check, or business/personal check.
(C) Upon initial review of a completed application, Service Oklahoma will provide the applicant with instructions to obtain a current electronic national criminal history record check in accordance with Oklahoma statutes.
(D) A current electronic national criminal history record check, for a driver education instructor license, is required:
(i) When an applicant has any break in licensing and the result of the previous electronic national criminal history record check on file with Service Oklahoma for the commercial school employee is more than one (1) year old;
(ii) If the applicant changes employment to a commercial school with a different owner and it has been more than one (1) year since the last electronic national criminal history record check was completed; or
(iii) If an electronic national criminal history record check was not previously required of the commercial school employee.
(5) Commercial instructors - renewal applications.
(A) All applications for a renewal driver education instructor license shall be made on a form provided by Service Oklahoma. The term of each renewal driver education instructor license shall be for a period of one (1) year. A driver education instructor license shall become invalid upon termination of employment with the school or schools of a single owner. If a driver education instructor accepts employment with another school, the driver education instructor license is not transferrable, and the driver education instructor shall apply for an original license as a new employee of the other school.
(B) Each application for a renewal driver education instructor license shall be accompanied by a fee of Five Dollars ($5.00) for a one (1) year license or Twenty Dollars ($20.00) for a four (4) year license [47 O.S. § 805], which shall be paid by the commercial driver education school to Service Oklahoma in the form of a money order, cashier's check, or business/personal check. If the driver education instructor is licensed at multiple commercial driver education schools, a fee of Five Dollars ($5.00) for a one (1) year license or Twenty Dollars ($20.00) for a four year license shall be paid for each school.
670:15-37-4. Qualifications for instructors [AMENDED]
(a) All driver education instructors. Instructors of commercial driver education schools and parochial or private high schools shall submit to Service Oklahoma, upon application, proof of the following:
(1) current employment by a school which offers a prescribed course of study;
(2) a valid and unexpired Oklahoma driver license that is not suspended, revoked, denied or cancelled at the time of original or renewal application;
(3) attainment of at least twenty-one (21) years of age; and
(4) a high school diploma or general education diploma, or transcript evidencing completion of high school or general education diploma requirements,
(b) Public school driver education instructors only. Qualifications for public driver education instructors are set out in the rules for Oklahoma High School Driver and Traffic Safety Education by the Oklahoma State Board of Education.
(c) Non-public school driver education instructors. Instructors of driver education for private, parochial, or non-public high schools, except commercial driver education schools, shall submit to Service Oklahoma proof of the following:
(1) a valid Oklahoma secondary, elementary-secondary, library media specialist, speech-language pathology or technology center school license/certificate,
(2) credentials in Driver and Traffic Safety Education or five (5) years consecutive experience in driver safety training, and
(3) a valid and unexpired Oklahoma driver license.
(d) Commercial school driver education instructors. Commercial driver education school instructors, other than motorcycle training instructors, shall submit to Service Oklahoma proof of the following:
(1) a minimum of six (6) semester hours of Driver Education I and Driver Education II, and a minimum of three (3) semester hours of General Safety Education from an accredited college or university; or
(2) a course equivalent to that described in paragraph (1) offered by a nationally recognized commercial driver instructor course approved by Service Oklahoma, in conjunction with the Department of Public Safety; or
(3) certification by the State Department of Education as a driver education instructor, which certification shall be for at least five (5) years in conjunction with having taught driver education for at least five (5) years in public, private, or parochial school; or
(4) a minimum of five (5) years of experience as a certified law enforcement officer and possess a certification from an Instructor Development course; or
(5) previous certification as a commercial driving instructor, which the certification was for at least five (5) years.
(e) Criminal history record check.
(1) Once Service Oklahoma has received the state criminal history background investigation, showing no adverse action, pending or otherwise, Service Oklahoma will issue a ninety (90) day temporary driver education instructor license to the applicant and the applicant shall be directed to have a national criminal history background investigation conducted by the Federal Bureau of Investigation.
(2) The commercial school shall submit the necessary national criminal history background investigation request within ten (10) business days of the issuance of the temporary driver education instructor license and submit proof of the request to the Driver License Examining Division within five (5) business days thereafter. If the national criminal history background investigation is not completed within ninety (90) days of the request for the national criminal history background investigation, the temporary driver education instructor license may be revoked.
(3) If either the state or national criminal history background investigation is returned with:
(i) no adverse action, Service Oklahoma will issue the temporary or permanent driver education instructor license; or
(ii) adverse action is found on the applicant's criminal history background investigation, Service Oklahoma will revoke the temporary driver education instructor permit and will not issue another temporary or permanent driver license instructor license to the applicant as long as the adverse action remains on the applicants criminal history; or
(iii) if the applicant has pending court proceedings that could result in a felony conviction, the temporary or permanent driver education instructor license shall not be issued until the pending action has been dispensed.
(f) Criminal history record check results. An applicant will not be issued an instructor license if any of the following disqualifying events, from any jurisdiction, are revealed by the criminal history record check: (1) any felony conviction;
(2) any pending court action that could result in a felony conviction;
(3) any conviction that would result in the applicant having to register according to the Sex Offenders Registration Act;
(4) any finding of guilt or plea of guilt or plea of no contest or nolo contendere to a misdemeanor possession or use of alcohol or drugs within the past twelve (12) months.
(g)(f) Applicant's driver history. An applicant will not be issued an instructor license unless, upon review of the applicant's driver history:
(1) Driving privileges must be reinstated for at least twelve (12) months, if driving privileges were suspended, canceled, revoked, denied, or disqualified for a driving-related conviction or for an action related to driving under the influence or driving while impaired.
(2) If driving privileges are suspended, canceled, revoked, denied, or disqualified only for a non-driving-related conviction or reason, the applicant shall be eligible immediately upon reinstatement of driving privileges;
(3) The applicant cannot have more than five (5) points accumulated on the driving record;
(4) The applicant cannot have any administrative action pending pursuant to 47 O.S. §§ 753, 754, or 754.1.
670:15-37-8. Prescribed course of study [AMENDED]
(a) A prescribed course of study of Driver Education shall be designed to develop knowledge of those provisions of the Oklahoma Vehicle Code and other laws of this state relating to the operation of motor vehicles, acceptance of personal responsibility in traffic, appreciation of the causes, seriousness, and consequences of traffic collisions, and to develop the knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles.
(b) Public Schools must be in compliance with Oklahoma State Board of Education rules and regulations. Non-public/Commercial schools must meet the following requirements:
(1) Students must be at least:
(A) thirteen and one-half (13 ½) years of age and qualify for the Farm Permit as provided for in 47 O.S. §6-105, or fifteen (15) years of age
(B) and regularly enrolled and certified by the instructor as taking a prescribed driver education course, certified by Service Oklahoma.
(C) To determine farm permit eligibility, the student must present to the school, a parent or employer affidavit which must indicate that the applicant lives or works on farm in the state of Oklahoma which has an agricultural exemption from the Oklahoma Tax Commission. The parent and employer affidavits are available on Service Oklahoma’s website. The school will keep a copy of the affidavit with the student’s instruction record.
(2) Private and Parochial students shall receive a minimum of thirty (30) hours of classroom instruction and a minimum of six (6) hours of actual driving in the Driver Education vehicle, while accompanied by and under the supervision of a qualified Driver Education instructor who is occupying the front seat of the vehicle.
(3) Each commercial driver education school student, except for commercial motorcycle driver training school students, shall receive a minimum of ten (10) hours of in-person classroom instruction and a minimum of six (6) hours of actually driving the Driver Education vehicle, while accompanied by and under the supervision of a qualified Driver Education instructor who is occupying the front seat of the vehicle.
(4) Instruction shall include, but not be limited to, the following:
(A) Signs, signals, highway markings and highway design.
(B) Rules of the road, state laws, and local ordinances.
(C) Driving attitude toward motorcyclists, bicyclists, and pedestrians.
(D) Basic driving maneuvers.
(E) Operation of motor vehicle on streets and highways.
(F) Familiarity with the Oklahoma Driver's Manual, distributed by Service Oklahoma. Copies of this manual are available at Service Oklahoma locations or online at service.ok.gov.
(G) Insurance laws of the State.
(H) Financial responsibility.
(I) Seat belt use and laws.
(J) Effects of natural laws on driving.
(K) Alcohol and drug substance abuse and the effect on driving.
(L) Basic vehicle maintenance including fluid levels, tire pressure and lighting systems.
(M) Skills:
(i) Starting.
(ii) Parallel parking.
(iii) Hill parking.
(iv) Starting on hill.
(v) Intersection movement and observance.
(vi) Lane observance and changing.
(vii) Left and right turns.
(viii) Pedestrian and vehicle right-of-way.
(ix) Proper use of automatic and/or standard transmission.
(x) Use of brake and accelerator.
(xi) Traffic lights or signals.
(N) The dangers of handheld electronic devices while driving.
(5) All passengers, students and instructors in the driver education vehicle shall comply with the Oklahoma Mandatory Seat Belt Use Act, 47 O.S. §§ 12-416 through 12-420, whenever the vehicle is in operation.
670:15-37-9. Student eligibility [AMENDED]
Students shall comply with the requirements of 47 O.S. § 6-105(D).
670:15-37-10. Specification for vehicles [AMENDED]
(a) School Vehicles. Specification for vehicles for use in public schools is set forth in the Oklahoma State Board of Education rules. For non-public/commercial schools:
(1) The vehicle must be equipped with dual controls, side view mirrors (right and left), and front and rear seat belts.
(2) The vehicle shall be clearly identified "STUDENT DRIVER" at the front and back of the vehicle, with letters at least two inches (2") high, in a clearly visible place and legible from a distant of at least one hundred (100) feet.
(3) All vehicles which are used for the purpose of demonstration or practice of driving lessons shall be equipped with:
(A) dual controls on foot brakes, clutch on vehicles with manual transmissions, and otherwise be equipped in accordance with Title 47, Chapter 12 of the Oklahoma Statutes;
(B) extra inside rear view mirror on the instructor's side on Class D vehicles; provided the mirror used shall not be the vanity or visor mirror;
(C) applicable mechanical devices when used in the training of physically handicapped students.
(4) No more than three (3) students may be in a Class D vehicle during behind-the-wheel instruction.
(5) When adding or dropping vehicles used for instruction, the school shall be responsible for notifying Service Oklahoma in writing within one (1) week of the change. If adding a vehicle, Service Oklahoma will schedule an appointment with the school for inspection of the new vehicle. Use of this vehicle shall be prohibited until inspection is complete and the vehicle is approved by Service Oklahoma.
(b) Adaptive Vehicle Instruction. Commercial driver education schools are allowed to use a student’s vehicle for instruction should the student require adaptive mechanical control devices customized to their individual needs due to a physical handicap.
(1) All vehicles must be otherwise equipped in accordance with Title 47, Chapter 12 of the Oklahoma Statutes.
(2) No other students may be in the vehicle during behind-the-wheel instruction.
670:15-37-11. Insurance [AMENDED]
(a) A private, parochial or non-public/commercial school which offers Driver Education must be insured by a company licensed to do business in this state with a commercial liability insurance policy for each vehicle used to conduct behind-the-wheel instruction. The minimum amount of insurance shall consist, for any one collision, of at least Fifty Thousand Dollars ($50,000.00) for bodily injury to or death of one person; One Hundred Thousand Dollars ($100,000) for bodily injury to or death of two or more persons; and Fifty Thousand Dollars ($50,000) for damage to property. The above coverage shall be carried on all vehicles used by the school for driver training purposes.
(b) In the event the insurance coverage is canceled, a copy of the written notice of cancellation must be furnished forthwith to Service Oklahoma by registered or certified mail. Behind-the-wheel instruction will be immediately suspended until proper verification of insurance is provided to Service Oklahoma.
(c) Each school shall send a copy of the Declaration of Insurance coverage when applying for instructor'sschool’s original or renewal license. If insurance coverage expires between school renewal certification periods, the school shall send a current copy of the Declaration of Insurance coverage to Service Oklahoma.
SUBCHAPTER 39. PARKING PLACARDS FOR PHYSICALLY DISABLED PERSONS
670:15-39-3. Applications for physically disabled parking placards [AMENDED]
(a) Where to submit applications. The application shall be submitted to Service Oklahoma either:
(1) in person at Service Oklahoma, at the address listed on the Service Oklahoma website at service.ok.gov,
(2) by mail to Service Oklahoma, P.O. Box 11415, Oklahoma City, OK, 73136-0415, or
(3) via the Service Oklahoma website at service.ok.gov.
(b) Contents of the application. The applicant and his or her physician shall complete the application before submitting it to Service Oklahoma. Applications for a placard shall contain:
(1) Information about the applicant including:
(A) Name,
(B) Address,
(C) Driver license number, if any, and
(D) Other information, as determined by Service Oklahoma.
(2) A statement made by a physician about the applicant, who must be a patient of the physician, which includes:
(A) The patient's name,
(B) The patient's physical disability as defined in 47 O.S. § 15-112 A(2),
(C) The physical disability causing difficulty for the patient to walk,
(D) Diagnosis,
(E) Ability to safely operate a motor vehicle,
(F) The length of physical disability if not of permanent nature,
(G) Physician's name,
(H) Physician's signature,
(I) Physician's address, and
(J) Physician's telephone number.
(3) Space for use by Service Oklahoma to record information regarding the placard issued.
(c) The original application may be referred for review to the Medical Advisory Committee of the Department [47 O.S. § 6-118 et seq.] and shall remain confidential as provided in 47 O.S. §6-117(D) §15-112.
670:15-39-5. Duplication of physically disabled parking placards; replacement of a lost, stolen, or defective physically disabled parking placard [AMENDED]
(a) A physically disabled parking placard may not be photocopied or duplicated.
(b) Individuals or organizations who report the loss or theft of a physically disabled parking placard may apply in writing to Service Oklahoma for a replacement placard, which Service Oklahoma shall issue, upon approval of the request, with the same expiration date as the original placard; provided, Service Oklahoma shall not issue more than one replacement placard during the term of the original placard.
(c) Individuals or organizations who report the deterioration of a physically disabled parking placard my apply in writing to Service Oklahoma for a replacement placard, which Service Oklahoma shall issue, upon approval of the request, with the same expiration date as the original placard; provided, Service Oklahoma shall not issue more than two replacement placards during the term of the original placard.
[OAR Docket #26-521; filed 6-8-26]
TITLE 670. Service Oklahoma
CHAPTER 20. MOTOR VEHICLE
[OAR Docket #26-522]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 13. MOTOR VEHICLES – REGISTRATION AND LICENSING
670:20-13-1. General registration information [AMENDED]
670:20-13-9. Display of vehicle license plates [AMENDED]
670:20-13-17. License plate remains with ownersGeneral responsibilities for ownership transfers [AMENDED]
670:20-13-18. Pre-registration process [NEW]
Subchapter 17. MOTOR VEHICLES – DEALERS
670:20-17-5. Used vehicle dealer's registration policy [AMENDED]
670:20-17-7. New and used vehicle dealer temporary license plate [REVOKED]
670:20-17-8. Temporary license plates for vehicles purchased subject to a lien [AMENDED]
Subchapter 33. MOTOR VEHICLE TITLES – GENERAL PROVISIONS
670:20-33-2. Types of certificates [AMENDED]
Subchapter 35. CERTIFICATES OF TITLE
670:20-35-3. Original certificate of title [AMENDED]
Subchapter 41. LIENS
670:20-41-1. Perfecting Lien [AMENDED]
670:20-41-6. Releasing Lien [AMENDED]
Subchapter 45. VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX
670:20-45-1. General provisions [AMENDED]
670:20-45-3. General provisions [AMENDED]
AUTHORITY:
Service Oklahoma, The Executive Director of Service Oklahoma; 47 O.S. §3-101, 47 O.S. §3-103, 47 O.S. §§ 1105A, 1112.2
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 21, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 23, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 24, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
670:20-33-2. Types of certificates [AMENDED]
Gubernatorial Approval:
July 28, 2025
Register Publication:
42 Ok Reg 3603
Docket Number:
25-658
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
47 O.S. §1105A provides that Service Oklahoma develop a system for the delivery of a certificate of title on a paper document or in an electronic format and that the submission of paper documents be accepted through June 30, 2025. It also authorizes Service Oklahoma to promulgate rules to implement the section. The proposed rules are required in order to fully implement the electronic titling system, while taking into consideration the business and industry needs of impacted stakeholders who will continue to rely upon the issuance of a physical certificate of title.
Additionally, 47 O.S. §1112.2 requires those selling or transferring a motor vehicle in the state of Oklahoma to complete pre-registration through Service Oklahoma. The remaining proposed rules relate to the implementation of the pre-registration process to ensure that Oklahomans receive their license plates and decals within the statutory timeframe.
CONTACT PERSON:
April Kelso, Service Oklahoma, (405) 522-0204
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 13. MOTOR VEHICLES – REGISTRATION AND LICENSING
670:20-13-1. General registration information [AMENDED]
(a) Motor vehicles to be registered; license tag required; title. Every motor vehicle, except salvage and junked vehicles, vehicles on used car dealer's lots for sale and vehicles assigned to charitable organizations licensed through the Oklahoma Secretary of State's office, is required to be registered and a license tag displayed on the rear bumper. The type of registration required depends on the type of vehicle and, in some cases, its use. A vehicle cannot be registered without an Oklahoma title or proof that such Oklahoma title exists and is in the name of the registrant. Proof of previous year's registration must be obtained before renewing registration on any non-salvaged vehicle. A current mail-out registration notice is considered proof for either purpose. A vehicle subject to a lien may obtain a thirty-day ten-day temporary plate from a Licensed Agent Operator at the time of initial purchase.
(b) Expiration; renewal; early renewal. Registration may not be renewed before the first day of the month preceding expiration.
(c) Registration and licensing of leased vehicle. An individual leasing a vehicle may make application for any special tag or registration rate that he or she is entitled to. A copy of the lease agreement, listing the applicant as lessee, must be submitted and attached to Service Oklahoma's copy of the paperwork.
(d) Information required from registrant. Upon every application for registration of a vehicle in this state, the vehicle owner shall provide to the registering Licensed Operator the following information:
(1) The driver license number of the vehicle owner, if the owner is an individual; or
(2) The Federal Employer Identification Number of the owner if such owner is not an individual.
(e) Proper entry of required information. It shall be the duty of the registering Licensed Operator to properly enter the driver license number or Federal Employer Identification Number of the vehicle owner in the Motor Vehicle computer file record at time of registration of the vehicle.
670:20-13-9. Display of vehicle license plates [AMENDED]
(a) Vehicle license plates shall be firmly affixed to the rear of the vehicle, provided however, trucks registered under the International Registration Plan shall have the plates firmly attached to the front.
(b) Trucks with a gross vehicle weight rating exceeding 26,000 pounds may have the plates firmly attached to the front or rear.
(c) Vehicle license plates shall be a affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground.
(d) No vehicle license plate may be displayed in an inverted or reversed position, or in such a manner that the letters and numerals are not readily identifiable.
(e) No vehicle license plate may be displayed in this state, regardless of where such vehicle is registered, which has been covered, overlaid, or otherwise screened with any material, whether such material is clear, translucent, tinted, or opaque.
(f) Temporary paper plates shall be firmly affixed to the rear of the vehicle.
(1) The temporary paper plates issued by Service Oklahoma or a licensed operator may be affixed to the inside or outside of the rear window of the vehicle, provided the temporary paper plate does not obstruct the view of the driver, is not obscured in any way, including window tint, and is clearly visible from outside the vehicle.
(2) The temporary paper plate must be printed on 8 ½ x 11 inch matte white paper with the text printed in blank ink.
(3) Temporary paper plates issued by Service Oklahoma or a licensed operator must include information identifying it as an Oklahoma temporary tag and the date of expiration.
670:20-13-17. License plate remains with ownersGeneral responsibilities for ownership transfers [AMENDED]
(a) General provisions. Effective July 1, 2019, Oklahoma no longer allows a motor vehicle license plate to remain with the vehicle Registration and motor vehicle license plates remain with the owner when the vehicle is sold, traded, or transferred. The registration license plate and certificate of registration shall be issued to, and remain in the name of, the owner of the vehicle registered and the license plate shall not be transferable between motor vehicle owners.
(b) Registration procedures. When a vehicle is sold or transferred in the state, the following registration procedures apply:
(1) Vehicle owner. Any vehicle owner who sells, trades, or transfers a vehicle must remove the license plate from the vehicle and either:
(A) Retain the plate,
(B) Transfer the plate to a newly acquired vehicle of the same registration classification for which no additional registration fee is due for the remainder of the current registration period pursuant to authorization of Service Oklahoma or a licensed operator, or
(C) Transfer the plate to a newly acquired vehicle of the same registration classification but different registration year requiring payment of additional registration fees.
(2) Vehicle buyer. In the event the owner of a license plate purchases, trades, exchanges, or otherwise acquires a vehicle for which a license plate has been issued during the current registration period, and the license plate has not been removed by the previous owner in accordance with this Section, the new owner of the vehicle shall remove and return the license plate to Service Oklahoma or a licensed operator destroy or otherwise discard the license plate. If the license plate has expired, the new owner may surrender the shall not be required to destroy or otherwise discard the license plate to Service Oklahoma or licensed operator.
(3) Pre-registration. Parties to a motor vehicle transaction are required to also comply with the requirements of 47 O.S. §1112.2(A)(6) and the rules specified in OAC 670:20-13-18
(c) Calculation of registration fee. The registration fee due for the newly acquired vehicle to which a plate is transferred will be prorated based on the full registration months remaining on the transferred plate at the time of assignment.
(d) Refund ineligibility. The plate owner shall not be entitled to a refund under the following circumstances:
(1) When the registration fee for the vehicle to which the plate is transferred is less than the registration fee for that vehicle to which the license plate was last assigned, or
(2) When the owner does not have or does not acquire another vehicle to which the license plate may be transferred.
(e) Title, registration and tax/fee payment requirements. The new owner of a motor vehicle must within two months from the date of vehicle purchase or acquisition make application to title and register the vehicle by the transfer to, or purchase of, a license plate for the newly acquired vehicle with Service Oklahoma or licensed operator and pay excise and sales taxes and applicable title and registrations fees in addition to any delinquent taxes, fees, interest and penalty associated with the plate as provided by law.
(f) Penalty. Delinquent registration penalty begins to apply in two months plus one day following assignment of ownership accruing at $1.00 per day, to a maximum penalty assessment of $100.00 (100 days).
(g) Vehicle operation. A vehicle purchased with the license plate having been removed may be lawfully operated on the streets and roadways without number plates for a maximum of fifteen (15) five (5) days from the date of acquisition or purchase if a dated notarized bill of sale is carried, for possible presentation to law enforcement, in the vehicle during the fifteen (15) days. Vehicles purchased from a licensed motor vehicle or used motor vehicle dealer may be operated for two months ten (10) days from the date of acquisition pursuant to issuance of a temporary license tag by the licensed dealer. See OAC 670:20-17-7. Persons who purchase vehicles from someone other than licensed Oklahoma new or used motor vehicle dealers which are subject to a lien may obtain a 30-day ten-day temporary license plate from Service Oklahoma or a licensed operator.
(h) Vehicle transferring from deceased spouse. A surviving spouse, desiring to operate a vehicle devolving from a deceased spouse, shall present an application for certificate of title to Service Oklahoma or licensed operator in his or her name within thirty (30) days of obtaining ownership. Service Oklahoma or licensed operator shall then transfer the license plate to the surviving spouse.
(i) Repossessed vehicles. When a lender or lender's agent repossesses a vehicle for which a license plate has not been removed, the lender or lender's agent is not required to remove and return the plate to Service Oklahoma or a licensed operator.
670:20-13-18. Pre-registration process [NEW]
(a) Definitions. The definitions provided in 47 O.S. §1102 shall apply to this rule.
(b) Electronic transactions. Service Oklahoma shall provide the Oklahoma Motor Vehicle Commission and the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission, and approved third-parties with the technical specifications needed to complete pre-registration through electronic transactions.
SUBCHAPTER 17. MOTOR VEHICLES – DEALERS
670:20-17-5. Used vehicle dealer's registration policy [AMENDED]
(a) Used vehicles acquired from other states. Used vehicles from other states, acquired for resale by Oklahoma used dealers require an Oklahoma title in the dealership's name. No registration is required. Used motor vehicles acquired from other states by licensed Oklahoma motor vehicle dealers may either be titled in the dealership's name, or ownership may be reassigned by the dealership on the out-of-state title. When reassigning an out-of-state title, the motor vehicle dealer must satisfy the inspection and dealer reassignment provisions of 47 O.S. § 1105. Oklahoma dealers may reassign on another state's reassignment sheet only when ownership was assigned to the Oklahoma dealer by a dealer in that other state, on that other state's reassignment sheet. No notarization of an Oklahoma dealer's reassignment is required if the title, or reassignment sheet, being reassigned is from a non-notary state.
(b) Exemption from transfer registration fee; revenue stamps required. Used vehicle dealers are exempt from the transfer registration fee when getting a transfer title in their name. However, each time a used dealer makes an assignment, a revenue stamp must be attached on the back of the Oklahoma title. Commercial trailer dealers or manufactured home dealers are not required to attach tax stamps.
(c) Removal of out-of-state license plates. If a dealer obtains a vehicle with an out-of-state tag, it should be removed. If the vehicle has an Oklahoma tag, it should be returned to the seller.
(d) Procedure upon sale of vehicle. When a used dealer sells a vehicle, he or she shall comply with the requirements of 47 O.S. §1112.2(A)(6) and the rules specified in OAC 670:20-13-18 and advise the owners to title and register the vehicle within two months. The owner may transfer a registration from a vehicle they no longer own to the new purchase. Any remaining credit will be applied to the new vehicle, although registration fees may still be due based on the number of years registered for each vehicle. Credit in excess of registration due for the new vehicle will not be refunded.
670:20-17-7. New and used vehicle dealer temporary license plate [REVOKED]
670:20-17-8. Temporary license plates for vehicles purchased subject to a lien [AMENDED]
(a) General provisions. Persons who purchase vehicles from someone other than licensed Oklahoma new or used motor vehicle dealers which are subject to a lien may obtain a 30-day 10-day temporary license plate from Service Oklahoma or a licensed operator.
(b) Documentation required to obtain a temporary license plate. To obtain a temporary license plate, the applicant must provide to Service Oklahoma or a licensed operator the following documentation:
(1) Properly assigned bill of sale or title;
(2) Verification of Oklahoma insurance;
(3) Driver license; and
(4) Evidence of vehicle lien. If no lien is indicated for the subject vehicle in the motor vehicle system, application, letter, or notice, or other documentation from the lending institution that states that the lien has been applied for and is being processed with the vehicle identification number must be provided.
(c) Time period. The temporary license plate is valid for thirty (30) calendar ten days following the transfer of legal ownership of the vehicle.
(d) Placement of temporary license plate on vehicle. The temporary license plate shall be placed on the vehicle at the location provided for the permanent license plate.
(e) Information to be shown on temporary license plate. The temporary license plate will show:
(1) A unique vehicle license number;
(2) Date the motor vehicle was purchased; and
(3) The expiration date of the temporary license plate.
SUBCHAPTER 33. MOTOR VEHICLE TITLES – GENERAL PROVISIONS
670:20-33-2. Types of certificates [AMENDED]
(a) Title certificate color designation. Oklahoma utilizes several different colors in designating vehicle types. The title types and corresponding certificate colors are as follows:
(1) Standard Title (Green)
(2) Salvage Title (Red)
(3) Rebuilt Title (Orange)
(4) Junked Title (Blue)
(5) Classic Title (Green)
(6) Remanufactured Title (No color designation at this time)
(7) Unrecovered Theft Title (Purple)
(8) Rebodied Vehicle Title (Yellow)
(b) Title suffix designation. On certificates of title issued prior to March 16, 2015, letter suffixes were utilized to designate the sequence of Oklahoma certificates of title issued to a specific vehicle. The original Oklahoma title issued had no suffix following the designated title number. All subsequent Oklahoma titles, regardless of type, issued to that vehicle were designated by a letter suffix. The letter "a" was assigned as a suffix to the first Oklahoma title issued following the original title, "b" to the next title issued, etc. Effective March 16, 2015, every title certificate issued will reflect a unique title number. Only the most recent Oklahoma certificate of title issued is considered valid.
(c) Electronic titles. Beginning July 1, 2025, certificates of title shall be issued in electronic format in accordance with Section 1105A of Title 47, subject to the following exceptions:
(1) Certificates of title on a paper document will continue to be issued to licensed Oklahoma dealers. Dealers may opt in to receiving certificates of title in electronic format. For purposes of this section, “dealer” means a new motor vehicle dealer as defined in Section 562 of Title 47, a powersports dealer as defined in Section 562 of Title 47, and a used motor vehicle dealer as defined in Section 581 of Title 47.
(2) Certificates of title on a paper document may be issued for motor vehicles being registered in another jurisdiction, upon receipt of a request and payment of any applicable fees.
(3) Certificates of title on a paper document may be issued for motor vehicles being consigned or sold through a motor vehicle auction, upon receipt of a request and payment of any applicable fees. For purposes of this section, “motor vehicle auction” means a used motor vehicle auction as defined in Section 581 of Title 47.
(4) Certificates of title on a paper document may be issued for motor vehicles subject to a lease or lease-purchase agreement, upon request and payment of any applicable fees by the lessor.
(5) Certificates of title on a paper document may be issued when required for dealers participating in floorplan financing arrangements, upon receipt of a request and payment of any applicable fees.
(6) Certificates of title on a paper document may be issued when there is no active lien, upon receipt of a request and payment of any applicable statutory fees.
SUBCHAPTER 35. CERTIFICATES OF TITLE
670:20-35-3. Original certificate of title [AMENDED]
(a) Completed application required. An application for Oklahoma Certificate of Title must be completed and forwarded to Service Oklahoma upon application for an original Oklahoma title.
(b) Manufacturer's statement of origin. A Manufacturer's Statement of Origin (MSO) must accompany the title to a vehicle which has never been titled or registered. If no MSO has yet been provided to the owner at time of initial title application, an original Oklahoma title may be placed on document hold upon presentation of ownership documentation acceptable to Service Oklahoma, such as a completed contract of sale from the selling dealership.
(c) Out-of-state titles; negotiable titles; memorandum titles. When issuing an original title from an out-of-state title to the individual whose name appears on the face, all information must be correctly transcribed from the out-of-state title. When presented with any document other than a negotiable out-of-state title, the Oklahoma title will be placed on document hold and not be released until the negotiable out-of-state title is surrendered. When the Oklahoma title is to be placed on document hold, the applicant is to be asked whether the vehicle is subject to any lien and, if so, is to complete an affidavit outlining the lienholder information. When an out-of-state title is submitted reflecting a secured party, the lien will be carried forward to the Oklahoma record, as outlined in OAC 670:20-41-2. If the negotiable out-of-state title is being held by the secured party, the owner of the vehicle shall file an affidavit with Service Oklahoma or the licensed operator stating that title to the vehicle is being held by a secured party and has not been issued pursuant to the laws of the state where titled, and that there is an existing lien or encumbrance on the vehicle. The current name and address of the secured party or lienholder shall also be stated in the affidavit. The form of the affidavit shall be prescribed by Service Oklahoma. In most instances, negotiable titles are those containing ownership assignment sections. Lack of assignments ordinarily indicates the title is non-negotiable.
(d) Assigned or reassigned out-of-state titles. An out-of-state title which has been properly assigned or reassigned is acceptable ownership documentation to qualify for issuance of an original Oklahoma title. Notarization is required on any assignment completed in a state that requires such notarization.
(e) Title issued only to assignee. Owner name must match the title assignment exactly. If there is an active lien, title will be issued to the lienholder until such time as the lien has been paid off and a lien release is provided. Titles without liens shall be issued to the registered owner.
(f) Actual sales price. The actual sales price, commonly referred to as "purchase price", is required for any vehicle on which an Oklahoma title is to be issued and excise tax and/or sales tax collected. The documentation described in this subsection is required to establish the actual sales price:
(1) For new vehicles sold by a dealer, a purchase contract or bill of sale from the selling dealer will be required.
(2) For used vehicles sold in a private sale, a purchase contract or bill of sale or a certificate of title with a vehicle purchase price entered in the vehicle assignment portion will be required. If neither of these documents is available, a "Declaration of Vehicle Purchase Price" must be completed by the purchaser. The vehicle purchase price indicated by the purchase contract, bill of sale or Declaration of Vehicle Purchase Price is the amount to be utilized for purposes of calculation of motor vehicle excise and sales taxes even under circumstances when a different amount has been entered in the vehicle assignment portion of the certificate of title. The vehicle assignment portion of the certificate of title should be completed by the seller.
(3) A purchase contract or bill of sale offered only to establish the actual sales price pursuant to this subsection, and not to convey ownership, need not be notarized.
(g) IRP registration title hold. When an applicant for an original Oklahoma title does not complete a registration transaction at that time, due to a declaration of intent to subsequently register the vehicle under the International Registration Plan (IRP), the Oklahoma title will be placed on hold until that registration transaction is completed and confirmed.
SUBCHAPTER 41. LIENS
670:20-41-1. Perfecting Lien [AMENDED]
(a) Documents required for perfecting lien. To perfect a lien, either an Oklahoma title, or an Application for Oklahoma Title accompanying a properly assigned Manufacturer's Statement of Origin or out-of-state ownership document, must be presented, along with a completed Lien Entry Form. If the lien is being perfected on behalf of a transferee who has yet to obtain ownership in their name, the title presented must be properly assigned to that transferee before a lien may be perfected.
(b) Lien form must be legible. To be acceptable, all lien entry forms must be clearly legible, as determined by Service Oklahoma.
(c) Secured party information. The secured party must have completed his part of the form, particularly the signature and date of execution. Strikeovers and off line printing are not acceptable.
(d) Title to conform to lien entry form. The name of the secured party will be entered on the face of the secured title based on the registered lienholder information aligning with the lien entry form.
(e) Title receipt reflecting lien to be issued; fees. When recording a lien on a registered vehicle, boat or motor used as collateral, a title must be issued to reflect the lien. A title fee, in addition to the lien fee, will be assessed.
(f) Reassignment of lien. A secured party may file a reassignment of a lien to another secured party by submitting to Service Oklahoma a release of the initial lien, as well as a lien entry form and filing fees for the lien reassignment. The lien entry form is to state it is a reassignment of an existing lien. Upon receipt of proper documentation and payment, Service Oklahoma will enter the new lien information to the vehicle record, reflecting the same effective date as the initial lien.
(g) Certain liens not perfectible under Motor Vehicle Code. Lien entry forms cannot be accepted on any vehicle that cannot be issued an Oklahoma Certificate of Title. As an example, farm tractors or mobilized farm machinery cannot be issued a title. A lien cannot be perfected under the Motor Vehicle Code because a title will never be issued.
(h) Pre-registration. Submission of lien information through the pre-registration process will not satisfy the requirements for perfecting a lien. Dealers with registered dealer accounts through the online system may have the option to perfect a lien during the pre-registration process but will have to satisfy all necessary requirements.
(i) Electronic submissions. All lien documents submitted pursuant to this rule may be done by electronic means.
670:20-41-6. Releasing Lien [AMENDED]
(a) Perfected liens may ordinarily be released by submission of one (1) of the following to Service Oklahoma or a licensed operator:
(1) Copy #4 (if unavailable, a certified duplicate copy of Copy #3 or #4, or an original or certified copy of Copy #1 is acceptable) of the six (6) part lien entry Form 21, with the release signed and dated.
(2) Any of the lien release receipts, original or certified copy, generated when the lien was perfected by Service Oklahoma or a licensed operator, signed and dated.
(3) Should a standard lien release as outlined above be unavailable, the lien may be released by submission of a typed, notarized release statement from the secured party. The statement must include the notarized signature of a representative of the secured party, the name of the secured party, name of the debtor, and vehicle identification number/serial number of the vehicle.
(b) If the lender is out of business and no longer available, their lien may be released by the following procedure:
(1) A certified letter, restricted delivery, requesting a lien release and listing the year, make, and vehicle identification number is to be sent to the lender's address listed on the Service Oklahoma file.
(2) The administering agency of the lienholder (i.e., Oklahoma Used Motor Vehicle and Parts Commission if an Oklahoma used dealer; State Banking Department if a bank, savings and loan or credit union; Department of Consumer Credit if a finance company) is to be contacted and written confirmation requested that the lienholder is no longer in business at the address requested. If an out-of-state lienholder, that state's equivalent agency is to be contacted. If the response from the administering agency is that the lender was taken over by another business entity, that entity will have to be contacted for a release.
(3) The returned certified letter and post office receipts, the written confirmation from the administering agency, the Oklahoma certificate of title and applicable titling fee is to be submitted to Service Oklahoma for review. If approved, a confirming affidavit will be returned to the vehicle owner for his/her review and signature. Upon return of that affidavit to Service Oklahoma, a new Oklahoma certificate of title, without the lien reflected, will be issued.
(c) Submission of lien information through the pre-registration process will not satisfy the requirements for releasing a lien.
(d) All lien documents submitted pursuant to this rule may be done by electronic means.
SUBCHAPTER 45. VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX
670:20-45-1. General provisions [AMENDED]
(a) Date due; penalty. Sales tax is generally due upon the purchase of a vehicle occurring on or after July 1, 2017 and must be paid within thirty (30) days two (2) months of such date. After the thirtieth (30th) day two (2) months, penalty and interest is are to be collected in addition to the tax due, accruing until paid. After the forty-fifth (45th) day following purchase, a penalty amount is assessed. Sales tax, interest and penalty levy amounts are established by statute.
(b) Taxable value. Sales tax assessment is based upon the purchase price of the vehicle, before any less any credit or discount is allowed for a vehicle trade-in for documented dealer transactions. For any other transactions, the sales tax assessment is based upon the purchase price of vehicle before any credit or discount is allowed for a vehicle trade-in.
670:20-45-3. General provisions [AMENDED]
(a) Date due; penalty. Excise tax is due at the time of transfer of legal ownership or possession of a vehicle and must be paid within thirty (30) two (2) months days of such date. After the thirtieth (30th) day two (2) months, a penalty is to be collected in addition to the tax due. The daily penalty will accrue until the tax is paid. However, the penalty is not to exceed the amount of the tax due.
b) Taxable value. On vehicles, other than manufactured homes and certain commercial vehicles, excise tax is based upon the actual sales or purchase price. The actual sales price, commonly referred to as "purchase price", is the actual sales price of a vehicle excluding any consideration given for a trade-in. For the purpose of vehicle taxable value computation, actual sales price is to include the cost of the vehicle, including any equipment or product affixed to, or applied upon, the vehicle. It is not to include any fee included in the sale transaction that is related to a service provided by the seller, or an outside party (i.e. documentary fee; financing fee; insurance coverage fee; maintenance agreement fee). No consideration for a vehicle trade-in, either debit or credit, is to be included in the actual sales price utilized for establishing the taxable value for the purpose of excise tax assessment. The actual sales price must be within twenty percent (20%) of the average retail price value of the vehicle, as listed in the automotive reference material prescribed by the Oklahoma Tax Commission. [See: 710:60-5-50] If the actual sales price is not within that value range, the Tax Commission shall establish a taxable value as close to the actual sales price as possible while still within the prescribed value range.
(c) Minimum tax. The minimum excise tax on vehicles and the minimum excise tax on manufactured homes is set by statute.
[OAR Docket #26-522; filed 6-8-26]
TITLE 670. Service Oklahoma
CHAPTER 25. AIRCRAFT
[OAR Docket #26-523]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 2. Aircraft Dealer Licenses
670:25-2-7. Granting of license; options available upon denial [AMENDED]
670:25-2-8. Cancellation, suspension, revocation of license [AMENDED]
AUTHORITY:
Service Oklahoma, The Executive Director of Service Oklahoma; 47 O.S. §3-101, 47 O.S. §3-103, 3 O.S. §§251, and 254.1
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 21, 2025
COMMENT PERIOD:
December 15, 2025 through January 15, 2026
PUBLIC HEARING:
January 16, 2026
ADOPTION:
January 23, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 24, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
Aircraft registration and oversight of aircraft dealers were transferred from the Oklahoma Tax Commission to Service Oklahoma. The associated rules were transferred, but these proposed changes will make the necessary reference changes from the Oklahoma Tax Commission to Service Oklahoma.
CONTACT PERSON:
April Kelso, Service Oklahoma, (405) 522-0204
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 2. AIRCRAFT DEALER LICENSES
670:25-2-7. Granting of license; options available upon denial [AMENDED]
(a) The Tax Commission Service Oklahoma shall be the sole judge of an applicant's qualifications and may deny an application or refuse to issue an Aircraft Dealer License.
(b) Proceedings related to the refusal to issue a license pursuant to this Section shall be governed by 710:1-5-100 and 710:1-5-21 through 710:1-5-49, which set out general rules of Practice and Procedure before the Office of the Administrative Law Judges O.A.C. 670:1-1-8 through 670:1-1-15.
670:25-2-8. Cancellation, suspension, revocation of license [AMENDED]
(a) An Aircraft Dealer License may be cancelled by the Commission Service Oklahoma if the dealer's sales of aircraft fall below the qualifying threshold.
(b) The Commission Service Oklahoma may revoke a license upon information that the license has been used by persons other than to whom it was issued.
(c) The Commission Service Oklahoma may suspend, cancel, or revoke an Aircraft Dealer License, at any time, for non-compliance with the provisions of this Subchapter, with applicable Oklahoma tax statutes, or for other good cause shown.
(d) Proceedings related to the cancellation or revocation of a license pursuant to this Section shall be governed by 710:1-5-100 and 710:1-5-21 through 710:1-5-49, which set out general rules of Practice and Procedure before the Office of the Administrative Law Judges O.A.C. 670:1-1-8 through 670:1-1-15.
[OAR Docket #26-523; filed 6-8-26]
TITLE 690. Board of Examiners for Speech-Language Pathology and Audiology
CHAPTER 10. LICENSURE AND FEES
[OAR Docket #26-456]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Licensure of Speech-Language Pathologists and Audiologists
690:10-3-10. Interstate Compact [NEW]
Subchapter 9. Fees
690:10-9-10. Interstate Compact fee [NEW]
AUTHORITY:
59 O.S., 2011 § 1613; Board of Examiners for Speech-Language Pathology and Audiology
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 5, 2025
COMMENT PERIOD:
December 1, 2025 through December 31, 2025
PUBLIC HEARING:
January 5, 2026
ADOPTION:
January 6, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 9, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026 by 1093
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed new language in subchapter 3 and subchapter 9 is to define the terms of the Interstate Compact for speech-language pathologists and audiologists in Oklahoma.
CONTACT PERSON:
Amy McPeek, Director
405-524-4955
amy.mcpeek@obespa.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. LICENSURE OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
690:10-3-10. Interstate Compact [NEW]
(a) Purpose. The purpose of the Interstate Compact is to provide privileges for licensed audiologists and speech-language pathologists to practice across state lines without having to become licensed in additional Audiology and Speech-Language Pathology Interstate Compact (ASLP-IC) member states.
(b) Membership. The state of Oklahoma is a current member of the ASLP-IC.
(c) Application. The licensed audiologist and speech-language pathologist seeking practice privileges in the state of Oklahoma must complete an application through ASLP-IC and pay the compact administrative fee plus the Oklahoma eighty-five dollar ($85.00) application fee. The Oklahoma application fee for an active duty military member and/or spouse will be waived.
(d) Rules. Any licensed audiologist and/or speech-language pathologist receiving compact privileges to practice in the state of Oklahoma must abide by the rules set forth in the ASLP-IC and must abide by the home state license rules and regulations.
(e) Sanctions. The licensed audiologist or speech-language pathologist receiving compact privileges to practice in the state of Oklahoma is subject to investigation of complaints with sanctions as determined by the licensing board if the complaint occured while practicing in the state of Oklahoma.
SUBCHAPTER 9. FEES
690:10-9-10. Interstate Compact fee [NEW]
The ASLP-IC application fee for the state of Oklahoma shall be eighty-five dollars ($85.00) and shall be submitted with the application through ASLP-IC.
[OAR Docket #26-456; filed 6-2-26]
TITLE 710. Oklahoma Tax Commission
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-405]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
710:1-1-2. General description of the Oklahoma Tax Commission [AMENDED]
Subchapter 3. Public Policy
Part 11. PUBLIC RECORDS
710:1-3-70. Records in general [AMENDED]
Subchapter 5. Practice and Procedure
Part 3. DESCRIPTION OF ADMINISTRATIVE REVIEW AND HEARINGS
710:1-5-10.1. Protests / Demands for hearing [AMENDED]
Part 5. ADMINISTRATIVE PROCEEDINGS RELATED TO TAX PROTESTS
710:1-5-22. Commencement and numbering of a protest of a proposed assessment [AMENDED]
710:1-5-26. Pleadings to be on 8 ½″× 11″ paperFormat and size of pleadings [AMENDED]
710:1-5-28. Pre-hearing conference [AMENDED]
710:1-5-32. Conduct of hearing [AMENDED]
Part 8. SETTLEMENT OF TAX LIABILITY
710:1-5-81. Definitions [AMENDED]
710:1-5-82. Grounds for settlement [AMENDED]
710:1-5-84. Application for a Settlement Agreementsettlement agreement [AMENDED]
710:1-5-86. Review by Commission [AMENDED]
710:1-5-89. PaymentApplication fees and payment of settlement [AMENDED]
710:1-5-90. If the proposed Settlement Agreement is declinedsettlement agreement is denied [AMENDED]
710:1-5-91. Return of Settlement Agreement Application [REVOKED]
AUTHORITY:
68 O.S. §§ 203, 219, 221(D); Oklahoma Tax Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through January 6, 2026
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
Amendments to 710:1-1-2 and 710:1-3-70 updates areas of administration the OTC no longer administers or will cease to administer after July 1, 2026. Many of these areas have moved to Service Oklahoma or the apportionment of the taxes will move to SOK after July 1, 2026.
710:1-5-10.1 and 710:1-5-22 are updated to reflect options for submitting a protest.
710:1-5-26 is amended to allow for electronic submission of documents.
710:1-5-28, and 710:1-5-32 proposes changes to the administrative process for when a taxpayer fails to appear or participate.
710:1-5-81 corrects misspelled word and adds medical marijuana tax to list of “trust fund taxes”.
Amendments to 710:1-5-82, 710:1-5-84, 710:1-5-86, 710:1-5-89-91 corrects errors, clarifies the procedure, and limits the resubmission of a denied request for settlement unless new facts are present.
CONTACT PERSON:
Corey Jager, Agency Liaison, Tax Policy Division, Oklahoma Tax Commission, Oklahoma City, Oklahoma 73194; Telephone number: (405) 521-4155; Email: corey.jager@tax.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
710:1-1-2. General description of the Oklahoma Tax Commission [AMENDED]
(a) History. The Oklahoma Tax Commission, from its inception in 1931, has been responsible for the collection and administration of various tax sources and the apportionment of these revenues to state funds which provide monies for education, transportation, recreation, social welfare, and the myriad of other services provided for the citizens of Oklahoma.
(b) Composition. The Tax Commission is comprised of three members (Chairman, Vice Chairman, and Secretary-Member) who are appointed by the Governor with the advice and consent of the State Senate and serve terms of six years each. The Commission appoints an administrator who is the administrative officer of the Tax Commission and manages the activities of its employees. The title of the administrative officer shall be Executive Director.
(c) Duties. It is the Commission's responsibility to supervise the administration and enforcement of state tax laws and the collection of a majority of all state-levied taxes and fees. The Commission directs the collection and distribution of the tax and license sources under its administration and, by statute, is responsible for apportioning such tax revenues to the various state funds. In addition, the Oklahoma Tax Commission allocates directly to local units of government certain state-collected levies earmarked to counties, school districts and municipalities. On a contract basis with individual municipalities and counties, the Tax Commission is involved with the administration, collection and distribution of city and county sales taxes and use taxes.
(d) Areas of administration. The public may make submissions and requests to the Commission in the following areas of taxation and licensing:
(1) Admission Tax
(2) Aircraft Excise Tax
(3) Aircraft License Fee
(4) (2) Alcoholic Beverage Tax
(5) Amateur Radio Operators License Plate
(6)(3) Bingo Tax
(7)(4) Charity Games Tax
(8)(5) Cigarette Tax & License
(9)(6) Coin Device Decals and Distributor Permits
(10)(7) Compressed Natural Gas
(11)(8) Computer Enhancement Fund
(12)(9) Controlled Dangerous Substances Tax Stamps
(13)(10) County Clerk Fees
(14)(11) Diesel Fuel Excise Tax
(15)(12) Documentary Stamp Tax
(16)(13) Driving Record Fee
(17) (14) Energy Resources Assessment
(18) (15) Farm Implement Tax Stamp
(19) (16) Franchise Tax
(20) (17) Freight Car Tax
(21)(18) Gasoline Excise Tax
(22)(19) Gross Production Tax
(23)(20) Horsetrack Gaming Fees
(24)(21) Income Tax
(25)(22) Income Tax - Check-Offs
(26)(23) Liquefied Natural Gas
(27)(24) Medical Marijuana Excise Tax
(28)(25) Mixed Beverage Gross Receipts Tax
(29) Motor Vehicle Collections
(30)(26) Motor Vehicle Rental Tax
(31)(27) Multiple Injury Trust Fund
(32) Nascar License Plates
(33)(28) 911 Wireless Telephone Fee
(34)(29) Occupational Health & Safety Tax
(35)(30) Oklahoma Tax Commission Reimbursement
(36)(31) Organ Donor Program
(37)(32) Pari-Mutuel Tax
(38)(33) Petroleum Excise Tax
(39)(34) Pick Six/Seven Tax
(40)(35) Printing and Revolving Account
(41)(36) Professional Sporting Event Ticket Fees
(42)(37) Public Services Penalties
(43)(38) Registered Agents Fee
(44)(39) Rural Electric Co-op Tax & License
(45)(40) Sales Tax
(46)(41) Sales Tax Permits
(47)(42) Sales Tax Vendor's Lists
(48)(43) Special Fuel Decals
(49)(44) Special Fuel Use Tax
(50) Special License Plates
(51)(45) Special Printing Account
(52)(46) Storage Leakage Fund
(53)(47) Sustaining Energy Resources Fee
(54)(48) Telecommunications for the Hearing-Impaired Surcharge
(55)(49) Tobacco Products Tax & License
(56)(50) Transport & Reclaimer License Fees
(57)(51) Tribal Cigarette & Tobacco Payments
(58)(52) Unclassified Receipts
(59)(53) Use Tax
(60)(54) Used Tire Recycling Fee
(61) Vehicle Revenue Tax Stamps
(62)(55) Warrant Release Filing Fee
(63)(56) Wire Transmittal Fee
(64)(57) Workers' Compensation - Insurance Premium Tax
(65)(58) Workers' Compensation - Self-Insurance Guaranty Fund
(e) Main offices. The main offices of the Oklahoma Tax Commission are located at123 Robert S. Kerr Ave, Oklahoma City, Oklahoma 73102 (405)521-3160.
SUBCHAPTER 3. PUBLIC POLICY
PART 11. PUBLIC RECORDS
710:1-3-70. Records in general [AMENDED]
(a) Confidentiality of records. Generally, the law provides that the records and files of the Oklahoma Tax Commission are confidential except as specifically provided otherwise by statute. [See: 68 O.S. § 205]
(b) Classes of exceptions to the general rule of non-disclosure. Certain documents are available to the public by specific exception to the general law set out in (a) of this Section. In addition, some documents are considered public in nature, pursuant to the Open Records Act. [See: 68 O.S. §§ 205, 205.2, 205.5 and 205.6; 51 O.S. § 24A.4]
(c) Records available under specific provisions of law. By specific statutory mandate and by exceptions to the general rule of confidentiality set out in 68 O.S. § 205, there are a number of sources of information available to the public and maintained by the Commission.
(3) Oklahoma aircraft registry. A list of aircraft registered with the state is maintained and available for public inspection at the Taxpayer Resource Center, 300 N. Broadway Ave, Oklahoma City, OK 73102, during normal business hours.
(4)(3) Decedents' list. A list of decedents within the state, county of probate, and probate number is maintained and available for public inspection at the Audit Services Division, 300 N. Broadway Ave, Oklahoma City, 73102 OK during normal business hours.
(5)(4) Permits, licenses, exemptions. Information regarding the issuance or revocation of licenses and permits and documents evidencing exemption are available for most applicable tax types. The elements or items of information available regarding permits, licenses and exemptions may vary by tax type. In addition, the format in which a particular record is available may be limited to that normally used by the agency. Items of permit-related information may include permit number, permittee name, name of business, and business address. Inquiries should be made to the Business Tax Services Division.
(1) List of income tax filers. A list of persons who filed Oklahoma income tax returns is prepared annually and made available for inspection at the Taxpayer Resource Center, 300 N. Broadway Ave, Oklahoma City, OK 73102, during normal business hours.
(2) Register of tax warrants filed. A register of current outstanding tax warrants issued is updated monthly and made available for inspection at the Taxpayer Resource Center, 300 N. Broadway Ave, Oklahoma City, OK 73102, during normal business hours.
(d) Limited disclosure in some instances. Some records and information from records maintained by the Commission may be accessible only by certain persons, or for certain limited uses. In these instances, the release of information must be one permissible by statute. The Commission may require that the request be written and may require supporting documentation or identification, if the release of information sought is one statutorily limited in scope.
(e) Requesting records; fees. Where a person desires the Commission to make photocopies of public records, the request should be made in writing, specifying the record requested. The Commission may collect a fee for the copying of records, as well as other fees required by statute, and may structure the manner of response to requests so as to protect the normal business of the agency from undue disruption or delay. [For specific fee information, see Appendix A of this Chapter, Schedule of Fees.]
SUBCHAPTER 5. PRACTICE AND PROCEDURE
PART 3. DESCRIPTION OF ADMINISTRATIVE REVIEW AND HEARINGS
710:1-5-10.1. Protests / Demands for hearing [AMENDED]
(a) A protest is described as a formal, written challenge to a proposed tax assessment or to the denial of a claim for refund of taxes paid. A taxpayer may challenge a proposed tax assessment through the filing of a letter of protest pursuant to 68 O.S. § 221(C). A letter of protest may also contain a request for hearing. A taxpayer may challenge the denial of a claim for refund through the filing of a demand for hearing pursuant to 68 O.S. § 227(D). The statutory requirements for perfecting a protest or claim for refund are governed, generally, by the provisions of the Uniform Tax Procedure Code (68 O.S. §§ 201 et seq.), except in the area of Income Tax (Article 23 of Title 68 of the Oklahoma States) which have additional, and in some instances, superseding, statutory requirements.
(b) All letters of protest and demands for hearing must be timely filed. The letter of protest or demand for hearing must be filed on, or before, the statutory deadline provided for filing to ensure that the taxpayer preserves its legal rights, including but not limited to a full hearing of the matter and a route for appeal if the matter is not resolved in favor of the taxpayer. A proposed assessment which is not protested within the time prescribed by statute is final and absolute. A denied claim for refund for which a demand for hearing is not filed within the time prescribed by statute is forever barred.
(c) Letters of protest of a proposed assessment must be filed within sixty (60) 60 days of the issue date indicated on the proposed assessment pursuant to the provisions of 68 O.S. § 221(C). Letters of protest should be filed with the taxing division, either online through OkTAP via the Protest link at tax.ok.gov, by mail addressed to the address indicated in the letter, or in person at the Taxpayer Resource Center located at 300 N. Broadway, Oklahoma City, OK 73102.
(d) Demands for hearing relating to denial of a claim for refund must be filed within sixty (60) 60 days of the issue date indicated on the notice of denial. Demands for hearing should be filed with the taxing division, either online through OkTAP via the Demand for Hearing link at tax.ok.gov, by mail addressed to the address indicated in the letter, or in person at the Taxpayer Resource Center located at 300 N. Broadway, Oklahoma City, OK 73102.
(e) Taxpayers may have discussions with the taxing division and submit additional documentation in an effort to resolve the matter, but such discussions and/or review of documentation does not remove the requirement or extend the deadline to file a written protest or demand for hearing within sixty (60) 60 days of the date the assessment letter or denial of a claim for refund was issued.
(f) A taxpayer who fails to file a timely protest to a proposed assessment may, within one (1) 1 year of the date the assessment becomes final, request the Tax Commission adjust or abate the assessment pursuant to 68 O.S. § 221(E) and the provisions of Part 7 of this Subchapter.
(g) Detailed procedural rules governing protests and demands for hearing may be found in 710:1-5-21 through 710:1-5-49, which set out rules of Practice and Procedure before the Office of the Administrative Law Judges.
PART 5. ADMINISTRATIVE PROCEEDINGS RELATED TO TAX PROTESTS
710:1-5-22. Commencement and numbering of a protest of a proposed assessment [AMENDED]
(a) An assessment, correction or adjustment must be issued before a taxpayher taxpayer can file a protest.
(b) Protests must be commenced by filing a timely written protest with the taxing division, either online through OkTAP via the Protest link at tax.ok.gov, by mail addressed to Oklahoma Tax Commission, Oklahoma City, OK 73194, to the address indicated in the letter or in person at the Taxpayer Resource Center located at 300 N. Broadway, Oklahoma City, OK 73102.
(c) The Administrative Law Judges' Office assigns a case number of a protest of proposed assessment , creates a court file, assigns a Judge and sets a day for a pre-hearing conference between the parties and the Administrative Law Judge.
710:1-5-26. Pleadings to be on 8 ½″× 11″ paperFormat and size of pleadings [AMENDED]
Once a case has been commenced and a case number assigned, all pleadings and documents filed with the Oklahoma Tax Commission shall be submitted electronically, unless otherwise specified by law or permitted by the Administrative Law Judge. All pleadings filed with the Oklahoma Tax Commission shall be duplicated on Documents submitted shall be formatted for letter size, 8 ½″× 11″ paper.
710:1-5-28. Pre-hearing conference [AMENDED]
(a) General provisions. A pre-hearing conference notice is sent to the parties, usually within sixty (60) days of the filing of the protest, but not less than twenty (20) days prior to the pre-hearing conference date. The purpose of the pre-hearing conference is to get the parties together before the Administrative Law Judge to attempt to resolve the case or parts of it, early in the progression of the case, to discuss the facts, identify the legal issues, present discovery requests, make all appropriate stipulations, and to propose a procedural schedule. However, the pre-hearing conference should not serve as the parties' introduction to the case. Rather, the parties are to make contact and discuss the merits of the case prior to the scheduled pre-hearing conference.
(b) Failure to appear. If a party taxpayer fails to appear at the scheduled pre-hearing conference or to timely respond to the notice of pre-hearing conference, but has previously submitted a written request for a hearing on the protest, then a hearing will be set the protest may be deemed voluntarily dismissed. Dismissal of a Protest shall be entered upon the record by the Administrative Law Judge in the same manner as a withdrawal. If a hearing has not been requested, then the Administrative Law Judge may close the record and issue Findings, Conclusions and Recommendations based on information in the record or may request the Division to file a Verified Response. A Verified Response is a pleading filed by the attorney representing the Division, verified by the Division, which sets forth the legal and factual basis for the action taken by the Division and the response of the Division to the issues raised in the protest, and is accompanied by documentation the Division would like the Administrative Law Judge to consider in reaching a decision. If a party files a reply to the Division's Verified Response, and requests a hearing therein, then the Administrative Law Judge shall set the matter for hearing on the merits of the protest, and thereafter, issue Findings, Conclusions and Recommendations. If a party files a reply to the Verified Response and does not request a hearing, then the Administrative Law Judge will consider the reply in. issuing Findings, Conclusions and Recommendations. Any party aggrieved by the recommendation dismissal may proceed pursuant to 710:1-5-40request the case be reopened for consideration within 90 days of the date of the dismissal notification sent to the parties.
710:1-5-32. Conduct of hearing [AMENDED]
Administrative proceedings are conducted by the Oklahoma Tax Commission pursuant to the following procedures:
(1) Appearances; motions; preliminary matters; oaths. The burden of proof is generally on the taxpayer. The hearing will be convened by the Administrative Law Judge, appearances noted, and any motions or preliminary matters will be considered. The Administrative Law Judge shall administer oaths or affirmations to the witnesses. Failure of the taxpayer to appear and present a case at the hearing may be deemed a voluntary dismissal of the protest.Any party aggrieved by the dismissal may request the case be reopened for consideration within 90 days of the date of the dismissal notification sent to the parties.
(2) Argument; witnesses; evidence. Each party shall have the opportunity to present its case, to make opening statements, to call and examine witnesses, to offer documentary evidence into the record and to make closing arguments. Each party shall also have the opportunity to cross-examine opposing witnesses on matters covered in direct examination and, in the discretion of the Administrative Law Judge, upon matters relevant to the issues even though not covered in direct examination. Any objection to testimony or evidentiary offers should be made, and the basis of the objection stated on the record.
(3) Discretion of Administrative Law Judge in certain matters. The Administrative Law Judge may question any party or any witness. The Administrative Law Judge shall establish the order of proceeding, but regardless of the order, the taxpayer is entitled to open and conclude in arguments. The Administrative Law Judge is responsible for closing the record, and may hold it open for stated purposes. Parties may submit proposed Findings, Conclusions and Recommendations at any time after notice of the hearing, but prior to closing of the record. Parties may request that the record be held open for this or other purposes.
PART 8. SETTLEMENT OF TAX LIABILITY
710:1-5-81. Definitions [AMENDED]
The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise:
"Commission" means the Oklahoma Tax Commission.
"Final liability" means:
(A) The tax, penalty and interest due after the expiration of the statutory prescribed time within which to file a protest to a proposed assessment;
(B) The amount due after the exhaustion of administrative remedies without appeal to the Supreme Court;
(C) A tax amount admitted to be due by a taxpayer's report;
(D) The amount found due after a final court decision concerning the existence or amount of the liability; or,
(E) Other cases of liabilities where further administrative or judicial review is not available and the only consideration is collectibilitycollectability.
"Insolvency" means:
(A) The inability to pay debts as they fall due in the usual course of business; or,
(B) Having liabilities in excess of the reasonable market value of assets held.
"Person" means any individual, partnership, corporation, limited liability company, association, or public or private organization of any character.
"Settlement Agreement" means a written agreement between a taxpayer and the Commission whereby the Commission agrees to abate all or a portion of an outstanding tax liability, including the interest or penalties accruing thereto, and the taxpayer agrees to pay the remainder of such liability, if any, as provided herein.
"Tax Liability" means and includes the total amount of Oklahoma tax, penalty, or interest due.
"Taxpayer" means:
(A) Any person subject to or liable for any Oklahoma tax; or,
(B) Any person required to file a return, or to pay or withhold and remit any tax required by the provisions of any Oklahoma tax law that is administered by the Commission.
"Trust fund tax" means Oklahoma Sales Tax levied pursuant to 68 O.S. §§ 1350 et seq., Oklahoma Gross Receipts Tax (AKA Mixed Beverage Tax) pursuant to 37A §§ 5-105-5-107, Oklahoma Income Tax withholding levied pursuant to 68 O.S. §§ 2385.2-2385.28, or Oklahoma Motor Fuel taxes levied pursuant to 68 O.S. §§ 500.1 et seq., or Medical Marijuana Tax levied pursuant to 63 O.S. § 426.
710:1-5-82. Grounds for settlement [AMENDED]
(a) General provisions for non-trust fund taxes. Except for a trust fund tax, the The Commission may settle an Oklahoma tax liability for non-trust fund taxes for any of the following reasons:
(1) Collection of the tax with interest and penalties would reasonably result in the taxpayer declaring bankruptcy;
(2) The tax liability is uncollectible due to the insolvency of the taxpayer resulting from factors beyond the control of the taxpayer or other similar factors; or,
(3) The tax liability is the result of actions of a person other than the taxpayer and to hold taxpayer liable for the tax liability would be inequitable.
(b) Uncollected trust fund taxes. If the tax liability for which settlement is sought is a "trust fund tax", the applicant must showThe Commission may settle a trust fund tax if the applicant shows:
(1) That the tax was not collected; and,
(2) That applicant had a good faith belief that collection of the tax was not required.
(c) UnremittedCollected and unremitted trust fund taxes. Trust fund taxes collected, but not remitted to the Commission, may not be abatedsettled.
710:1-5-84. Application for a Settlement Agreementsettlement agreement [AMENDED]
(a) Application. The forms necessary to make application for a Settlement Agreement settlement agreement are available online at www.tax.ok.gov.
(b) When a Power of Attorney is required. Applications being tendered on behalf of a taxpayer by an attorney, CPA, or other person, must be accompanied by a properly acknowledged Power of Attorney Form BT-129, signed by the taxpayer, authorizing the person to act on behalf of the taxpayer.
(c) Additional information. The Income Tax Accounts Division may request additional financial or other information deemed necessary to supplement the Settlement Agreement Application settlement agreement application.
(d) Presentation of the application. The Income Tax Accounts Division shall present a completed application to the Commission during a regularly scheduled meeting of the Commission.
(e) Notice of the determination of the application. The Income Tax Accounts Division shall notify the applicant in writing of the decision of the Commission and make any required adjustments to the applicant's account.
(f) Withdrawal of application. An application for a Settlement Agreement settlement agreement may be withdrawn by the taxpayer at any time prior to its acceptance.
(g) Rejection of settlement agreement application. The Income Tax Accounts Division may reject the settlement agreement application as not processible for any of the following reasons:
(1) The applicant is not adequately identified (name, address, ID#, etc.) or required signatures are not provided.
(2) The settlement offer includes an amount already collected or subject to refund.
(3) The tax liability is not adequately identified.
(4) The settlement agreement application does not include a reason or a statement supporting the reason for the settlement offer.
(5) Financial statements or other documentation have not been included or are incomplete or do not present a complete and accurate representation of the taxpayer's financial condition.
(6) The Commission's records indicate noncompliance with filing of required returns.
(7) The applicant is currently under bankruptcy court jurisdiction.
(8) Power of Attorney Form BT-129 (if indicated) has not been included.
(9) The applicant is not in compliance with all filing and payment requirements for tax periods outside the scope of the settlement request.
(h) Resubmission of settlement agreement application. The taxpayer may resubmit a corrected application within 30 days of receipt of the written notice from the Division detailing the reason(s) for the rejection of the application. Failure to resubmit a corrected application within the prescribed time will be deemed an abandonment of the settlement and the application will be denied.
710:1-5-86. Review by Commission [AMENDED]
(a) Unanimous vote required. A unanimous vote of the members of the Commission is required for approval of a Settlement Agreementsettlement agreement.
(b) Discretionary act. The determination of settlement is within the sole discretion of the Commission. The Commission may approve settlement of the liability in any amount, which may or may not be the amount of the offer, upon consideration of the facts and circumstances outlined in (c) and (d) of this Section.
(c) Facts and other considerations. In making its decision, the Commission will consider, but not be limited to, the following matters:
(1) The likelihood of collection of the debt;
(2) The amount of the debt;
(3) Efforts made by the Applicant applicant to pay a part of the debt prior to filing an application for settlement;
(4) The taxpaying record of the Applicant applicant;
(5) Applicant's current and possible future earning capacity;
(6) The portion of the tax itself which would be paid under the terms of the proposed Settlement Agreement settlement agreement;
(7) The composition of the balance of tax, penalty, and interest due;
(8) The percentage of the tax debt proposed to be settled;
(9) The Applicant applicant's age and health;
(10) The Applicant applicant's net worth;
(11) The acceptance by the Internal Revenue Service of an Offer in Compromise and the amount;
(12) The age of the debt;
(13) The existence of liens;
(14) Current operating status of any business;
(15) Bankruptcy status;
(16) The amount determined to be collectible. This amount is generally based upon the Commission's evaluation of the reasonable collection potential of the taxpayer's assets and revenue. The collectible amount is one factor used to determine if an offer is reasonable.
(17) Other liable parties;
(18) Whether tax debt due is a trust tax collected by Applicant applicant but not remitted to the Commission;
(19) What other persons are liable;
(20) Whether the Applicant applicant is located within Oklahoma or not;
(21) The accuracy and veracity of the Applicant's applicant's representations to the Commission;
(22) The recommendations of the Income Tax Accounts Division; and
(23) The expense and time expended in future collection efforts by the Commission on the Applicant's applicant's debt.
(d) Other circumstances which may be considered. In addition to the factors set out in (c) of this Section, the Commission may consider any other aggravating or mitigating circumstances contributing to the request for settlement, including, but not limited to:
(1) Good faith efforts made by taxpayer to comply with the tax laws of this state.
(2) Benefit received by taxpayer from nonpayment of the tax.
(3) Involvement of taxpayer in economic activity which gave rise to tax liability.
(e) No appeal of denial. The decision by the Commission to decline a proposed Settlement Agreement settlement agreement is final and is not appealable.
(f) Court approval required. If the amount of the tax liability to be abated exceeds Twenty-five Thousand Dollars ($25,000.00) $25,000, the Settlement Agreement settlement agreement requires the approval of a judge of the district court of Oklahoma County.
(g) Resubmission of application. If a taxpayer has previously submitted an application for a Settlement Agreement and that application was not accepted, the taxpayer may apply at a later date if financial conditions have changed, or to submit additional information not previously provided for review by the Commission. If a taxpayer has previously submitted an application for a settlement agreement and that application was denied, the Commission may review additional settlement agreement applications for the taxpayer for the same tax liability previously submitted only if financial conditions have changed. Under no circumstances will the Income Tax Accounts Division present multiple applications to the Commission for consideration for the same taxpayer regarding the same tax liability unless sufficient supporting documentation is provided with the application. “Sufficient supporting documentation” means documentation that was not previously provided with a prior application because the documentation was not in existence at the time the application was made and that clearly and unequivocally demonstrates a significant change in the financial circumstances of the taxpayer since the original application was denied.
710:1-5-89. PaymentApplication fees and payment of settlement [AMENDED]
(a) No payment is required to be paid when the Settlement Agreement Application is submitted to the Commission.There is no fee for submitting an application for settlement agreement.
(b) Full payment of the amount offered in settlement of the tax liability must be made within thirty (30) 30 days from date of notification that the proposed Settlement Agreement settlement agreement has been accepted. Payment of the accepted settlement amount by cash, cashier's check, money order, or charged to an approved credit card must be made by the payment due date indicated on the acceptance notice. [See:https://www.ok.gov/tax/Online_Services/Payment_Options/index.html][See: https://www.ok.gov/tax/Online_Services/Payment_Options/index.html]
(c) Any payment made with the application will not be returned to Applicant applicant, even if the Settlement Agreement settlement agreement is declined or withdrawn. The retained payment will be applied to Applicant's applicant's outstanding tax liability in accordance with Section 710:1-3-46 of this Chapter.
(d) In appropriate circumstances, the Commission may consider proposed Settlement Agreements settlement agreements that provide for payments to be made over a period of time based on future income.
(e) The Settlement Agreement settlement agreement becomes void if taxpayer defaults on payment under the agreement.
(f) The Settlement Agreement settlement agreement becomes void if the agreement was obtained by fraud or misrepresentation of a material fact.
710:1-5-90. If the proposed Settlement Agreement is declinedsettlement agreement is denied [AMENDED]
(a) If the application for a Settlement Agreement settlement agreement is declineddenied, the taxpayer will be notified by the Income Tax Accounts Division in writing.
(b) Taxpayer should immediately contact the Commission to arrange payment of the entire liability. If the Commission denies the application for settlement agreement, the taxpayer must immediately pay the entire liability. If immediate payment of the entire liability is not possible, the taxpayer may request payment through the regular collection procedures.
710:1-5-91. Return of Settlement Agreement Application [REVOKED]
[OAR Docket #26-405; filed 6-1-26]
TITLE 710. Oklahoma Tax Commission
CHAPTER 10. AD VALOREM
[OAR Docket #26-437]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 9. Manufactured Homes
710:10-9-1. Listing and assessment of manufactured homes for ad valorem taxes [AMENDED]
AUTHORITY:
68 O.S. §§ 2813 & 2898; Oklahoma Tax Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through January 6, 2026
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
Amendments streamline 710:10-9-1, which relates to the completion of Form 936.
CONTACT PERSON:
Corey Jager, Agency Liaison, Tax Policy Division, Oklahoma Tax Commission, Oklahoma City, Oklahoma 73194; Telephone number: (405) 521-4155; Email: corey.jager@tax.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 9. MANUFACTURED HOMES
710:10-9-1. Listing and assessment of manufactured homes for ad valorem taxes [AMENDED]
(a) Manufactured homes subject to ad valorem taxation. On the first day of January of each year, the county assessor of the county in which a manufactured home is located shall list, assess and tax such manufactured homes as required by the Ad Valorem Tax Code as it pertains to real and personal property. [See: 68 O.S. §§2811-2813] If a manufactured home is permanently affixed to the real estate, the original document of title may be surrendered to Service Oklahoma, a division of the Oklahoma Office of Management and Enterprise Services (hereinafter "Service Oklahoma") for cancellation, in accordance with 47 O.S. § 1110, provided there is no outstanding lien recorded on the title. Thereafter, these homes will be assessed as other real property improvements.
(b) New manufactured homes sold and properly registered between December 1st and January 31st. New manufactured homes which are sold and properly registered between December 1st and January 31st pursuant to this subsection shall be exempt from ad valorem taxes for the assessment period beginning January 1st. [See: 710:10-9-4 for proper listing and assessment of used manufactured homes held for resale.]
(c) New manufactured homes. The purchaser of a new manufactured home will not be subject to ad valorem taxes until January 1st of the following year, if the new manufactured home is properly registered, titled, and tagged, as required by law.
(d) Properly registered manufactured homes. Manufactured homes properly registered as provided by Section 1117 of the Vehicle License and Registration Act 47 O.S. § 1117 with payment of applicable title, registration and excise taxes will not be liable for ad valorem taxes until the following tax year.
(e) Improperly registered manufactured home remaining in this state in excess of (sixty) 60 days. A manufactured home improperly registered which remains in Oklahoma in excess of sixty (60) 60 days establishes taxable situs and will be assessed ad valorem taxes.
(f) Information required. Data Minimum data elements required for listing a manufactured home with a completed certified OTC Form 936, Manufactured Home Certificate (Manufactured Home Certificate 936) consist of:are listed in 68 O.S. § 2813.
(1) Receipt or Release for taxes paid;
(2) Type of manufactured home transaction;
(3) Date to be moved;
(4) Name of current manufactured home owner(s);
(5) Seller's current mailing address;
(6) Seller's new mailing address;
(7) Name of manufactured home buyer;
(8) Buyer's current mailing address;
(9) Buyer's new mailing address;
(10) Information describing where manufactured home is being moved from, such as:
(A) Landowner's or park's name,
(B) City,
(C) County, and
(D) Legal description, or
(E) Situs description;
(11) Current physical address;
(12) Real property account number or personal property account number;
(13) Information describing where manufactured home is being moved to, such as:
(A) Landowner's or park's name,
(B) City,
(C) County, and
(D) Legal description, or
(E) Situs description;
(14) New physical address;
(15) School district;
(16) Certificate of Title information, consisting of:
(A) Vehicle identification number (VIN);
(B) Year of manufacture;
(C) Size;
(D) Make:
(E) Title number;
(F) Body type:
(G) Model;
(H) Agent number;
(I) Factory delivered price;
(J) Total delivered price.
(17) Fair cash value;
(18) Total current estimated taxes due;
(19) Taxes due from prior years, if unpaid;
(20) Total of prior years' taxes due, if unpaid:
(21) Signature of applicant and date;
(22) Certification by assessor's office, evidenced by signature and date;
(23) Certification by treasurer's office that all current and prior years' taxes have been paid, evidenced by signature, date, and a statement substantially as follows: "THIS DOCUMENT SHALL NOT BE CERTIFIED BY THE TREASURER'S SIGNATURE UNLESS ALL SPACES HAVE BEEN COMPLETED WITH THE INFORMATION REQUESTED"
(24) Column for remarks;
(25) Legal certification of the Manufactured Home Certificate 936 requires the signatures of the assessor and treasurer;
(26) Other information necessary for CAMA valuation;
(27) Such other information as may be required by the Oklahoma Tax Commission
[OAR Docket #26-437; filed 6-1-26]
TITLE 710. Oklahoma Tax Commission
CHAPTER 45. GROSS PRODUCTION
[OAR Docket #26-438]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 9. Exemptions and Exclusions
Part 21. MARKETING COSTS DEDUCTION
710:45-9-102. Qualifying criteria [AMENDED]
Part 27. Orphan Well Recovery ProjectsORPHAN WELL RECOVERY PROJECT [NEW]
710:45-9-140. Purpose [NEW]
710:45-9-141. Definitions [NEW]
710:45-9-142. Qualification and reduced rate [NEW]
AUTHORITY:
68 O.S. §§ 203, 1001, & 1013; Oklahoma Tax Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through January 6, 2026
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendment to Section 710:45-9-102 clarifies the documentation requirements for marketing cost deductions, specifying that supporting materials are required only when a taxpayer files a claim for a deduction or refund. The proposed promulgation of new Sections 710:45-9-140, 710:45-9-141, and 710:45-9-142 establishes procedures for administering the reduced gross production tax rate for certain orphan well recovery projects set forth in HB 1372 (2025), defines qualifying criteria, and sets forth documentation and reporting requirements for registration and eligibility.
CONTACT PERSON:
Corey Jager, Agency Liaison, Tax Policy Division, Oklahoma Tax Commission, Oklahoma City, Oklahoma 73194; Telephone number: (405) 521-4155; Email: corey.jager@tax.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 9. EXEMPTIONS AND EXCLUSIONS
PART 21. MARKETING COSTS DEDUCTION
710:45-9-102. Qualifying criteria [AMENDED]
Qualified deductions of marketing costs shall comply with the provisions of (1) through (5) of this Subsection. The documentation requirements of this Subsection apply only when a taxpayer files a claim for a marketing cost deduction or refund, and do not apply to the filing of a gross production tax return or to the payment of gross production taxes. The marketing cost deduction may be disallowed by the Tax Commission for failure to submit supporting documentation sufficient to validate the deduction at the time of application.
(1) Marketing costs shall not include any costs incurred in the production of gas, oil or condensate or in the separation therefrom of any product subject to gross production tax.
(2) Taxes shall be computed on gross proceeds, including tax reimbursement, less the cost of gathering, compressing, and treating the gas sold.
(3) Documents required to be submitted with the application for refund shall include all of the following:
(A) A notarized affidavit stating the costs requested as deductions to the gross proceeds are for marketing expenses and not for production of the lease.
(B) An electronic spreadsheet of the operator's claimed marketing expenses allowed by Appendix A.
(C) Supporting documentation for the remitter's previously claimed marketing cost deductions, including:
(i) Check stubs; and
(ii) Settlement statements.
(D) Supporting documentation for operator's marketing cost deductions. If invoices are used as documentation, invoices for all costs claimed shall clearly indicate the facility incurring the cost and include a detailed description of the cost. If the invoice does not specify the cost was incurred on allowable marketing equipment, a job/work ticket must accompany the invoice describing the work that was done. Journal entries are not eligible as documentation of support for services provided by third parties.
(E) Electronic spreadsheet documenting the operator's pumper and compressor expenses allocated by production unit number.
(F) Electronic depreciation schedules:
(i) Any claimed depreciable equipment must be supported by documentation showing the original depreciable value. If the depreciable equipment was purchased, the original invoice is required. If the depreciable equipment was obtained through an acquisition of wells, documents from the acquisition indicating how the value of the depreciable equipment was determined must be provided.
(ii) Depreciation schedule allocating the equipment cost over the life of equipment by production unit number.
(iii) Allocation schedule of depreciation for equipment used for multiple production unit numbers.
(4) The Tax Commission may require additional information, including, but not limited to, copies of the operator's federal income tax return, joint interest billings, or other documentation regarding lease production or expenses.
(5) The burden of establishing the right to, and the validity of, a credit or refund is on the claimant.
PART 27. ORPHAN WELL RECOVERY PROJECTSORPHAN WELL RECOVERY PROJECT [NEW]
710:45-9-140. Purpose [NEW]
The purpose of this section is to administer the reduced gross production tax rate authorized by 68 O.S. § 1001(D)(5) for certain orphan well recovery projects.
710:45-9-141. Definitions [NEW]
The following words and terms, when used in this section, shall have the meaning provided, unless the context clearly indicates otherwise:
“Orphan well recovery project” means a project involving the production of oil or gas from a well that has been removed from the Orphan Well List maintained by the Oklahoma Corporation Commission (OCC) and that satisfies the bonding and reporting requirements established by statute and these rules.
“Project start date” means the date on which the production from a qualifying orphan well recovery project begins under an approved operator, as reported and verified by the OCC.
“Reduced rate” means the gross production tax rate equal to 2.5% (i.e., fifty percent of the 5% gross production tax rate).
710:45-9-142. Qualification and reduced rate [NEW]
(a) Scope. The reduced gross production tax rate of 2.5% applies to production beginning on or after July 1, 2025, that results from a qualified recovery project on a well that was removed from the OCC’s orphan well list.
(b) Qualification. To qualify for the reduced rate, the well must have been removed from the OCC’s Orphan Well List and have the required surety bond on file with the Oklahoma Secretary of State.
(c) Tax rate.
(1) A well that qualifies under this section shall be eligible for the 2.5% reduced rate for a period of 36 months beginning on the project start date or July 1, 2025, whichever is later. The reduced rate shall not apply to production occurring prior to July 1, 2025.
(2) Following the 36 months of the reduced rate period, the gross production tax rate shall revert to the standard rate of 7%.
(d) Registration with Oklahoma Tax Commission; determination; approval. Any operator who desires registration of a well as an orphan well recovery project shall submit all of the following documentation electronically through the Oklahoma Taxpayer Access Point (OkTAP):
(1) OTC Form 340 – Production Unit Number Registration or Change Request;
(2) A copy of OCC Form 1073 – Transfer of Operator or OCC Form 1073I – Transfer of Underground Injection Well Operatorship; and
(3) Documentation to show a corporate surety bond for the orphan well was filed with the Secretary of State pursuant to 68 O.S. § 1001(D)(5), including a copy of the supporting documentation submitted to secure the bond (e.g., corporate surety bond, letter of credit, confirmation of cash deposit, or certificate of deposit).
(e) Denial of an application. Failure to submit all required documentation at the time of application may result in denial of the registration.
(f) Burden of proof. The burden of establishing the right to, and the validity of, a rate reduction, credit, or refund is on the claimant.
(g) Monthly reporting requirements. Operators receiving the reduced rate for an orphan well recovery project shall submit monthly production reports (OTC Form 341) in accordance with OAC 710:45-5-1 through 710:45-5-3. Failure to submit the required reports may result in penalties, as outlined in OAC 710:45-5-4.
[OAR Docket #26-438; filed 6-1-26]
TITLE 710. Oklahoma Tax Commission
CHAPTER 50. INCOME
[OAR Docket #26-440]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
710:50-1-7. Requests for Copies of Income Tax Returnscopies of income tax returns [AMENDED]
Subchapter 3. Returns and Reports
Part 5. FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS
710:50-3-41. Deceased taxpayer [AMENDED]
Subchapter 15. Oklahoma Taxable Income
Part 3. EXEMPTIONS
710:50-15-36. Parental Choice Tax Credit payments [AMENDED]
Part 5. OTHER ADJUSTMENTS TO INCOME
710:50-15-53. Oklahoma net operating loss for individual returns [AMENDED]
710:50-15-62. Agricultural commodity processing facility income/investment exclusion [AMENDED]
Part 7. CREDITS AGAINST TAX
710:50-15-83. Limitation of credits allowed by the Oklahoma Quality Jobs Program, the Small Employer Quality Jobs Incentive Acts and the 21st Century Quality Jobs Incentive Act [AMENDED]
710:50-15-91. Credit for employers incurring expenses for the provision of child care services [REVOKED]
710:50-15-92. Credit for manufacturers of advanced small wind turbines [REVOKED]
710:50-15-105. Credit for research and development [REVOKED]
710:50-15-109. Credit for qualified employers and employees of the aerospace sector [AMENDED]
710:50-15-111. Wire transfer fee credit [REVOKED]
710:50-15-113. Qualified independent biomedical research institute or qualified cancer research center credit [AMENDED]
710:50-15-118. Credit for nonrecurring adoption expenses [AMENDED]
710:50-15-120. Caring for Caregivers Credit [AMENDED]
710:50-15-121. Faculty Preceptorship Creditpreceptorship credit [NEW]
Part 9. OKLAHOMA PARENTAL CHOICE TAX CREDIT
710:50-15-171. Definitions [AMENDED]
710:50-15-172. Private school tax credit [AMENDED]
710:50-15-173. Homeschool tax credit [AMENDED]
710:50-15-174. Credit for students attending an accredited private school exclusively serving students experiencing homelessness [AMENDED]
710:50-15-175. Credit for students attending an accredited private school primarily serving financially disadvantaged students [AMENDED]
710:50-15-176. Protest [NEW]
Subchapter 17. Oklahoma Taxable Income for Corporations
Part 5. DETERMINATION OF TAXABLE CORPORATE INCOME
710:50-17-51. Adjustments to arrive at Oklahoma taxable income for corporations [AMENDED]
Subchapter 23. Fiduciary Reporting
710:50-23-1. Fiduciaries [AMENDED]
Subchapter 25. Bankruptcy
710:50-25-1. General provisions; bankruptcy [AMENDED]
AUTHORITY:
68 O.S. §§ 203, 2357.409, 2357.601, and 2357.801; 70 O.S. § 28-102; Oklahoma Tax Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through January 6, 2026
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
As part of the Tax Commission's ongoing review of its rules, numerous proposed amendments to existing rules have been developed to implement recent legislation. All legislative references are to the First Regular Session of the 60th Legislature (2025) unless otherwise indicated.
The proposed amendment to Section 710:50-1-7 establishes a fee for obtaining certified copies of Oklahoma income tax returns and removes the certified mail option. The proposed amendment to Section 710:50-3-41 is necessary to conform to the layout of Oklahoma individual income tax returns.
The proposed amendment to Section 710:50:15-36 clarifies that Parental Choice Tax Credit payments are exempt from Oklahoma taxable income when these payments are included in federal taxable income. [70:28-101]
The proposed amendment to Section 710:50:15-53 updates a statutory citation. The proposed amendment to Section 710:50-15-62 clarifies the corporate income tax rate for investments made on or after January 1, 2022 [68:2355(E)].
The proposed amendment to Section 710:50:15-83 removes the reference to a sunsetted credit [68:54003].
The proposed revocation of Section 710:50-15-91 is necessary due to the repeal of the income tax credit for employers incurring expenses for the provision of childcare services [68:2357.26].
The proposed revocation of Section 710:50-15-92 is necessary due to the sunset of the income tax credit for manufacturers of advanced wind turbines and services [68:2357.32B].
The proposed revocation of Section 710:50-15-104 is necessary due to the sunset of the income tax credit for construction of energy-efficient residential property [68:2357.46].
The proposed revocation of Section 710:50-15-105 is necessary due to the repeal of the income tax credit for research and development [68:54006].
The proposed amendment to Section 710:50-15-109 implements the provisions of SB 287, which extends the sunset date for aerospace sector income tax credits from tax year 2025 to tax year 2031 [68:2357.302 – 2357.304].
The proposed revocation of Section 710:50-15-111 is necessary due to the repeal of the wire transfer fee credit [68:2357.401].
The proposed amendment to Section 710:50-15-113 implements the provisions of SB 301, which amended the independent biomedical research institute income tax credit and the cancer research center income tax credit [68:2357.45].
The proposed amendment to Section 710:50-15-118 implements the provisions of HB 2610, which amended the income tax credit for nonrecurring adoption expenses [68:2357.601].
The proposed amendment to Section 710:50-15-120 clarifies that only expenses incurred in the taxable year are eligible for the tax credit for that taxable year [68:2357.801].
The proposed promulgation of Section 710:50-15-121 implements the provisions of HB 3351 [2024] which created a new income tax credit for a faculty preceptor who conducts a preceptorship rotation. [68:2357.409]
The proposed amendments to Sections 710:50-15-171 through 710:50-15-175, relating to the Parental Choice Tax Credit Act, implement the provisions of SB 684 requiring that a school must be in Oklahoma, providing that the amount of the credit is net of scholarships and discounts, setting timelines for applications, reallocation, and credit payments, and creating priority status for prior credit recipients. Additional proposed changes clarify the homeschool expenses eligible for the credit and processes for tuition adjustments and school transfers [70:28-101].
The proposed promulgation of Section 710:50-15-176 implements the provisions of HB 1279, which establishes an expedited protest process for taxpayers whose applications for Parental Choice Tax Credits have been denied [68:221].
The proposed amendment to Section 710:50-17-51 provides guidance to taxpayers who choose to elect out of the net operating loss carryback and provide clarity in how NCTI is treated for Oklahoma purposes to maintain conformity with federal law. [68:2358].
The proposed amendment to Section 710:50-23-1 removes a reference to an Oklahoma estate tax form.
The proposed amendment to Section 710:50-25-1 removes a reference to a line number on OTC Form 513.
Other sections maybe amended to clarify policy, improve readability, correct clerical errors, remove obsolete language, update or correct citations, update contact information, and ensure accurate internal cross-references, which do not change the interpretation or intent of the rules.
CONTACT PERSON:
Corey Jager, Agency Liaison, Tax Policy Division, Oklahoma Tax Commission, Oklahoma City, Oklahoma 73194; Telephone number: (405) 521-4155; Email: corey.jager@tax.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
710:50-1-7. Requests for Copies of Income Tax Returnscopies of income tax returns [AMENDED]
(a) To obtain a copy of a previously filed Oklahoma income tax return, submit Form 599 to: Oklahoma Tax Commission Oklahoma City, OK 73194. Include the following information:
(1) Tax year(s) requested;
(2) Social Security Number (SSN) or Employer Identification Number (EIN); and
(3) For joint income tax returns, provide both SSNs or EINs.
(b) The copying fees are $5.00 per copy for each Oklahoma return and an additional $2.00 for each certified copy. The fee for mailing by certified mail is $7.00. Full payment, made payable to the Oklahoma Tax Commission, must be included with the request. Enter the SSN or EIN and “Form 599 Request” on the check or money order.
SUBCHAPTER 3. RETURNS AND REPORTS
PART 5. FILING STATUS; ELECTIONS; ACCOUNTING PERIODS AND METHODS
710:50-3-41. Deceased taxpayer [AMENDED]
If a taxpayer died during the tax year (or following year before filing a return for the tax year), the executor, administrator or surviving spouse must file an Oklahoma Income Tax Return income tax return for the decdent. Enter the date of death following the first name of decedent.
SUBCHAPTER 15. OKLAHOMA TAXABLE INCOME
PART 3. EXEMPTIONS
710:50-15-36. Parental Choice Tax Credit payments [AMENDED]
PART 5. OTHER ADJUSTMENTS TO INCOME
710:50-15-53. Oklahoma net operating loss for individual returns [AMENDED]
(a) Oklahoma net operating losses shall be separately determined by reference to Section 172 of the Internal Revenue Code and will be calculated utilizing Oklahoma Form 511-NOL Schedule A for resident individuals and Form 511-NR-NOL Schedule A for nonresident and part-year individuals.
(b) An election may be made to forego the Net Operating Loss net operating loss (NOL) carryback period. In order to waive the carryback period, a written statement of the election must be part of the timely filed Oklahoma loss year return.
(c) The years to which such losses may be carried shall be determined by reference to Section 172 of the Internal Revenue Code, as follows:
(1) For net operating losses NOLs incurred for tax years beginning on or after January 1, 2001, and ending on or before December 31, 2007, the loss carryback shall be for a period as allowed in the Internal Revenue Code; and
(2) For net operating losses NOLs incurred for tax years beginning after December 31, 2007, and ending on or before December 31, 2008, the loss carryback period shall be for a period of two (2) 2 years; and
(3) For tax years beginning after December 31, 2008, the loss carryback period shall be for a period as allowed by Section 172 of the Internal Revenue Code.
(d) Resident individuals will use Oklahoma Form 511-NOL Schedule B to compute the amount of the loss absorbed in each intervening year. Nonresident and part-year resident individuals will use Oklahoma Form 511-NR-NOL Schedule B to compute the amount of loss absorbed in each intervening year.
(e) Taxpayers who incur a net operating loss NOL from farming, allowed under IRC § 172 (b)(G) (b)(1)(B), in tax years beginning after December 31, 1999, will be allowed to carry that loss back, in accordance with the carryback provisions of the Internal Revenue Code. However, the amount of the farm net operating loss NOL available for carryback is limited to the lesser of Sixty Thousand Dollars ($60,000) $60,000 or the loss shown on Federal Schedule F of the Internal Revenue Service Form 1040, reduced by fifty percent (50%) 50% of the income from all other sources, except those included on Federal Schedule F.
710:50-15-62. Agricultural commodity processing facility income/investment exclusion [AMENDED]
(a) General provisions. Owners of agricultural commodity processing facilities may exclude from Oklahoma taxable income, or in the case of individuals, from Oklahoma adjusted gross income, a portion of their investment costs in any new or expanded agricultural commodity processing facility located in this state.
(1) For investments made on or after January 1, 1997, but before December 31, 1998 January 1, 1999. Owners of agricultural commodity processing facilities may exclude fifteen percent (15%) 15%, of their investment cost in a new or expanded agricultural commodity processing facility located in Oklahoma.
(2) For investments made on or after January 1, 1999, and before January 1, 2022. If the exclusion for investment in agricultural processing facilities results in the reduction in total Oklahoma income tax in excess of $1,000,000 in any previous calendar year, the percentage of investment subject to exclusion will be adjusted. The adjusted percentage allowable will be determined by dividing $1,000,000 by four percent (4%) the Oklahoma corporate income tax rate in effect for that year pursuant to 68 O.S.§ 2355, then further dividing the result by the total previous year's investment subject to exclusion.
(b) Definitions. For purposes of this Section, the following words and terms, shall have the following meaning, unless the context clearly indicates otherwise:
(1) "Agricultural commodities" means a farm or ranch product, including but not limited to, wheat, corn, soybeans, cotton, timber, cattle, hogs, sheep, horses, poultry, animals of the families bovidae, cervidae, and antilocapridae, or birds of the ratite group, produced in farming or ranching operations, or a product of such crop or livestock in its unmanufactured state, such as ginned cotton, wool-dip, maple syrup, milk, and eggs, or any other commodity listed under any Industry Group Number under Major Group 20, Division D, of the Standard Industrial Classification Manual.
(2) "Agricultural commodity processing facility" means building, structures, fixtures and improvements used or operated primarily for the processing or production of marketable products from agricultural commodities. Effective November 1, 2000, the term shall also mean a dairy operation that requires a depreciable investment of at least $250,000 and which produces milk from dairy cows. The term does not include a facility that provides only, and nothing more than, storage, cleaning, drying or transportation of agricultural commodities. [See: 68 O.S. § 2358(A)(6)(a)]
(3) "Facility" means each part of the facility which is used in a process primarily for:
(A) The processing of agricultural commodities, including receiving or storing agricultural commodities, or, effective November 1, 2000, the production of milk at a dairy operation, [See: 68 O.S. § 2358(A)(6)(b)]
(B) Transporting the agricultural commodities or product before, during or after the processing, or
(C) Packaging or otherwise preparing the product for sale or shipment.
(c) Qualification. In order to qualify for the exclusion, the agricultural commodity processing facility must be operated primarily for the processing or production of agricultural commodities to marketable products.
(d) Limitations. This exclusion from income is to be taken in the taxable year when the investment is made. For purposes of this exclusion, the investment is deemed to be made when the property is placed in service. Under no circumstances shall this exclusion from income lower claimant's Oklahoma Taxable Income taxable income below zero. In the event the exclusion does exceed income, any unused portion may be carried forward for a period not to exceed six (6) 6 years from the initial year of qualification. If the exclusion from income amount is determined based on the percentage allowable but not used, the amount shall not change based on subsequent change in percentage allowable to be excluded. In no event will the exclusion percentage exceed fifteen percent (15%) 15%.
(e) Information return required. Owners who intend to claim the exclusion for investment costs described in this Section must file, on a form prescribed by the Tax Commission, an information return, reporting Form 528 to report the amount of qualified property placed in service during the preceding calendar year. The information return must be submitted by January 31.
PART 7. CREDITS AGAINST TAX
710:50-15-83. Limitation of credits allowed by the Oklahoma Quality Jobs Program, the Small Employer Quality Jobs Incentive Acts and the 21st Century Quality Jobs Incentive Act [AMENDED]
No establishment which qualifies under the terms of Section 3601 et seq. of the Oklahoma Statutes, (Oklahoma Quality Jobs Program Act), Section 3901 et seq. of the Oklahoma Statutes, (Small Employer Quality Jobs Incentive Act), or Section 3911 et seq. of the Oklahoma Statutes (21st Century Quality Jobs Incentive Act) and has received or is receiving incentive payments pursuant to those Acts, nor its contractors or subcontractors, shall be eligible to receive, in connection with the activity and establishment for which incentive payments have been, or are being received, the credits described as follows:
(4) The credits provided pursuant to the Oklahoma Research and Development Incentives Act, 68 O.S. §54003.
(1) The investment credit provided for by 68 O.S. §2357.4. [See: 710:50-15-74]
(2) The credit for investments in qualified venture capital companies provided for by 68 O.S. §2357.7. [See: 710:50-15-77 and 710:50-15-78]
(3) The credit for clean-burning motor vehicle fuel property, provided for by 68 O.S. §2357.22. [See: 710:50-15-81]
710:50-15-91. Credit for employers incurring expenses for the provision of child care services [REVOKED]
710:50-15-92. Credit for manufacturers of advanced small wind turbines [REVOKED]
710:50-15-105. Credit for research and development [REVOKED]
710:50-15-109. Credit for qualified employers and employees of the aerospace sector [AMENDED]
(a) General provisions. For tax years beginning after December 31, 2008, and before January 1, 2026 2032, three (3) credits are allowed against the tax imposed by Section 2355 of Title 68 for the employment of qualified employees in the aerospace sector. The three (3) credits are as follows:
(1) Credit for qualified employers for tuition reimbursement to qualified employees.
(2) Credit for qualified employers for compensation paid to qualified employees.
(3) Credit for qualified employees.
(b) Definitions. The following words and terms, when used in this Section, shall have the following meaning, unless the context clearly indicates otherwise:
(1) "Qualified employee".
(A) Any person, regardless of the date of hire by the qualified employer, who is newly employed by or contracting with a qualified employer in Oklahoma on or after January 1, 2009.
(B) A person who has been either:
(i) Awarded an undergraduate or graduate degree from a qualified program by an institution, or
(ii) Licensed as a Professional Engineer by the State Board of Licensure for Professional Engineers and Land Surveyors pursuant to Section 475.15 of Title 59 of the Oklahoma Statutes and employed as a qualified employee in the aerospace sector by a qualified employer on or after November 1, 2021.
(C) Qualified employee does not include a person employed in the aerospace sector in this state immediately preceding employment or contracting with a qualified employer, unless,
(i) The employee was employed in the aerospace sector, but not as a full-time engineer, prior to being awarded a degree, or;
(ii) The employee has been awarded a degree and is employed by a professional staffing company and assigned to work in the aerospace sector in Oklahoma, or;
(iii) The employee previously qualified and claimed the credit and becomes employed by a different qualified employer on or after January 1, 2024,; or
(iv) The employee claimed the credit for the first time in tax year 2024, or any subsequent tax year, and becomes employed by a different qualified employer in any subsequent tax year.
(2) "Qualified program" is any program that awards undergraduate or graduate degrees and has been accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology (ABET). Effective November 1, 2021, a qualified program includes both undergraduate and graduate programs of the same discipline of engineering at an institution if either program is ABET accredited.
(3) "Aerospace sector", "compensation", "institution", "qualified employer" and "tuition" shall be defined as in Section 2357.301 of Title 68 of the Oklahoma Statutes.
(c) Credit for tuition reimbursement.
(1) Qualified employers are allowed a credit against the tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma Statutes based on the amount of tuition reimbursed to a qualified employee. This credit is effective for taxable years beginning after December 31, 2008.
(2) The credit for tuition reimbursement may only be claimed if the qualified employee has been awarded an undergraduate or graduate degree within one (1) 1 year of starting employment with the qualified employer. The undergraduate or graduate degree must be from a qualified program.
(3) The credit for tuition reimbursement is equal to fifty percent (50%) 50% of the tuition reimbursed to a qualified employee and may be claimed for the first through fourth years of employment with the qualified employer. The credit is only allowed to be claimed in the tax year that the tuition was reimbursed to the qualified employee and may not exceed in any taxable year fifty percent (50%) 50% of the average annual amount paid by a qualified employee for enrollment and instruction in a qualified program at a public institution in Oklahoma.
(4) The credit for tuition reimbursement may not be used to reduce the tax liability of the qualified employer to less than zero (0), is not transferable and may not be carried over.
(5) The credit for tuition reimbursement may not be claimed after the fourth year of employment of the qualified employee.
(d) Credit for compensation paid.
(1) Qualified employers are allowed a credit against the tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma Statutes for compensation paid to a qualified employee. This credit is effective for taxable years beginning after December 31, 2008.
(2) The credit for compensation paid equals:
(A) Ten percent (10%) 10% of the compensation paid for the first through fifth years of employment in the aerospace sector if the qualified employee graduated from an institution located in this state.
(B) Five percent (5%) 5% of the compensation paid for the first through fifth years of employment in the aerospace sector if the qualified employee graduated from an institution located outside this state.
(3) The credit for compensation paid cannot exceed $12,500 for each qualified employee annually.
(4) The credit for compensation paid may not be used to reduce the tax liability of the qualified employer to less than zero (0), is not transferable and may not be carried over.
(5) The credit for compensation paid may not be claimed after the fifth year of employment.
(e) Credit for qualified employees.
(1) For taxable years beginning after December 31, 2008, a qualified employee shall be allowed a credit against the tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma Statutes of up to $5,000 per tax year for a period of time not to exceed five (5) 5 years during the lifetime of the qualified employee. This credit may be claimed in nonconsecutive tax years.
(2) The credit authorized by this section shall not be used to reduce the tax liability of the taxpayer to less than zero (0).
(3) Any credit claimed, but not used, may be carried over, in order, to each of the five (5) 5 subsequent taxable years.
710:50-15-111. Wire transfer fee credit [REVOKED]
710:50-15-113. Qualified independent biomedical research institute or qualified cancer research center credit [AMENDED]
(a) General provisions. For tax years beginning after December 31, 2004, there is allowed a credit against the tax imposed by 68 O.S. Section 2355 to any taxpayer who makes a donation to a qualified independent biomedical research institute. For tax years beginning after December 31, 2010, any taxpayer who makes a donation to a qualified cancer research institute is also eligible for the credit. Both qualified cancer research institutes and qualified independent biomedical research institutes must provide donors with written acknowledgment of the donation and the credit amount and must report this information to the Oklahoma Tax Commission.
(b) Definitions.
(1) "Qualified cancer research institute" means an organization which is exempt from taxation pursuant to the Internal Revenue Code whose primary focus is raising the standard of cancer clinical care in Oklahoma through peer-reviewed cancer research and education. The organization must be either an independent research institute or a program that is part of a state university which is a member of the Oklahoma State System of Higher Education and must receive at least Four Million Dollars ($4,000,000) $4,000,000 in National Cancer Institute funding per year.
(2) "Qualified independent biomedical research institute"means an organization which is exempt from taxation under the Internal Revenue Code section 501(c)(3) whose primary focus is conducting peer-reviewed basic biomedical research. The organization shall have a board of directors, be able to accept grants in its own name, be an identifiable institute that has its own employees and administrative staff, and receive at least Fifteen Million Dollars ($15,000,000) $20,000,000 in National Institute Institutes of Health funding each year.
(c) Qualification. In order to qualify for the credit, taxpayers must make a donation to either a qualified independent biomedical research institute or a qualified cancer research institute
(d) Computation of credit and limitations.
(1) Tax years 2007 through 2025. The credit is fifty percent (50%) 50% of the amount donated, but may not exceed $1,000 ($2,000 for a married filing joint return) for each taxpayer for each type of donation. Taxpayers may not claim more than one credit for a donation to a qualified independent biomedical research institute and one credit for a donation to a qualified cancer research institute.
(2) Tax year 2026 and subsequent tax years.
(A) Donations to a qualified independent biomedical research institute. The credit is 50% of the amount donated but may not exceed $1,000 for taxpayers filing as single or $2,000 for taxpayers filing as married joint, head of household or surviving spouse, or $25,000 for any taxpayer which is a legal business entity, for each taxpayer for each type of donation.
(B) Donations to a qualified cancer research institute. The credit is 50% of the amount donated but may not exceed $1,000 for taxpayers filing as single or $2,000 for taxpayers filing as married joint, head of household, surviving spouse, or any taxpayer which is a legal business entity, for each taxpayer for each type of donation.
(e) For donations made between January 1, 2007 and December 31, 2010. If the total credit allowed results in the reduction in total Oklahoma income tax of more than Two Million Dollars ($2,000,000.00) in any previous calendar year, the percentage of the credit for qualified donations will be adjusted. The adjusted percentage allowable will be determined by multiplying fifty percent (50%) times Two Million Dollars ($2,000,000.00) and then dividing the result by the credits claimed in the preceding calendar year.
(1) Tax years 2012 through 2025. If the total tax credits authorized by this Section exceed One Million Dollars ($1,000,000.00) $1,000,000 in a tax year 2012 or any subsequent tax year for donations to either a cancer research institute or an independent biomedical research institute, the Oklahoma Tax Commission shall permit any excess over One Million Dollars ($1,000,000.00) $1,000,000 but will factor such excess into the percentage adjustment formula for subsequent tax years for each type of credit. For credits based on donations to qualified independent biomedical research institutes the adjusted percentage allowable will be determined by multiplying fifty percent (50%) times One Million Dollars ($1,000,000.00), then dividing the result by the credits allowed for donations to qualified independent biomedical research institutes claimed in the preceding tax year. For credits based on donations to qualified cancer research institutes the adjusted percentage allowable will be determined by multiplying fifty percent (50%) times One Million Dollars ($1,000,000.00), then dividing the result by the credits allowed for donations to qualified cancer research institutes claimed in the preceding tax year.
(2) Tax year 2026 and subsequent tax years.
(A) Donations to a qualified independent biomedical research institute. If the total tax credits authorized exceed $1,500,000 for donations to a qualified independent biomedical research institute, the Tax Commission shall permit any excess over $1,500,000 but will factor such excess into the percentage adjustment formula for subsequent tax years. The adjusted percentage allowable will be determined by multiplying 50% times $1,500,000, then dividing the result by the credits allowed in the preceding tax year.
(B) Donations to a qualified cancer research institute. If the total tax credits authorized exceed $500,000 for donations to a qualified cancer research institute, the Tax Commission shall permit any excess over $500,000 but will factor such excess into the percentage adjustment formula for subsequent tax years. The adjusted percentage allowable will be determined by multiplying 50% times $500,000, then dividing the result by the credits allowed in the preceding tax year.
710:50-15-118. Credit for nonrecurring adoption expenses [AMENDED]
(a) General provisions. In taxable years beginning after December 31, 2022, an income tax credit equal to 10% of nonrecurring adoption expenses is allowed to resident individual taxpayers for nonrecurring adoption expenses, not to exceed $2,000 ($4,000 for a married filing joint return) per calendar year, paid in connection with the adoption of a minor, or proposed adoption of a minor which did not result in a decreed adoption.
(1) For tax years 2023 through 2025, the amount of the credit is 10% of the qualified expenses but cannot exceed $2,000 per calendar year ($4,000 if married filing joint return).
(2) For taxable years beginning on or after January 1, 2026, the amount of the credit is 15% of the qualified expenses but cannot exceed $3,000 per calendar year ($6,000 if married filing joint return).
(b) Allowable expenses. For purposes of this Section "nonrecurring adoption expenses" means and includes:
(1) Adoption fees;
(2) Court costs;
(3) Medical expenses;
(4) Attorney fees;
(5) Expenses directly related to the legal process of the adoption of a child and are not reimbursed by other sources, to include, but not limited to costs related to:
(A) The adoption study;
(B) Health and psychological examinations;
(C) Transportation and reasonable costs of food and lodging for the child or adoptive parents which are incurred to complete the adoption process. Transportation expense by either commercial or private means may be claimed based upon actual unreimbursed costs incurred, or in the case of travel by private means, the mileage rate allowed pursuant to the Internal Revenue Code for determining business travel expense may be elected.
(6) Costs associated with physical remodeling, renovation, or alteration of the adoptive parents' home or property, if incurred in conjunction with the adoption of a special needs child, as authorized by the court.
(c) "Nonrecurring adoption expenses" shall not mean or include:
(1) Costs reimbursed by other sources.
(2) Attorney fees incurred from and after the commencement of an action involving a contest of an adoption.
(3) Costs associated with physical remodeling, renovation, or alteration of the adoptive parent's home or property, with the exception noted in (b)(6) of this Section.
(d) Verification. A schedule describing the expenses claimed must be enclosed and filed with the claimant's tax return. Receipts supporting the claimed expenses are not required to be submitted with the tax return and descriptive schedule but must be retained and be available upon request by the Tax Commission.
710:50-15-120. Caring for Caregivers Credit [AMENDED]
(a) General provisions. For tax years beginning on or after January 1, 2024, a nonrefundable income tax credit is allowed in the amount of 50% for eligible expenditures incurred by a family caregiver for the care and support of an eligible family member. The amount of the credit is 50% of the eligible expenditures not to exceed Two Thousand Dollars ($2,000.00) $2,000 per eligible family member per calendar year. If the eligible family member is a veteran or has a diagnosis of dementia from a health care professional, the amount of the credit cannot exceed Three Thousand Dollars ($3,000.00) $3,000.
(b) Definitions. For purposes of this Section, "activities of daily living", "eligible expenditure", "eligible family member", and "family caregiver" mean the same as these terms are defined in 68 O.S. 2023, § 2357.801(A).
(c) Multiple caregivers. If two or more family caregivers claim the tax credit for the same eligible family member, the maximum allowable credit shall be allocated in equal amounts between each of the family caregivers.
(d) Verification. OTC Form 592 must be filed with each claimant’s tax return, along with any other information or documentation the Tax Commission may require, such as receipts to support the claimed expenses, proof of veteran status and/or documentation to support a diagnosis of dementia for the eligible family member.
(e) Limitation of credit. The total credits authorized shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) $1,500,000 annually. The Oklahoma Tax Commission shall calculate and publish, by the first day of the affected year, a percentage by which the credits shall be reduced so the total amount of credits used to offset tax does not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) $1,500,000 per year.
710:50-15-121. Faculty Preceptorship Creditpreceptorship credit [NEW]
(a) General provisions. For tax years beginning on or after January 1, 2026, a nonrefundable income tax credit is allowed, subject to the availability of funds, for a faculty preceptor who conducts a preceptorship rotation. The credit is allowed for no greater than 10 preceptorship rotations completed in a calendar year. [See: 68 O.S. § 2357.409]
(b) Amount of credit.
(1) Medical student or resident. The amount of credit is equal to $290.00 each for the first, second, or third preceptorship rotations and $590.00 each for up to 7 subsequent rotations.
(2) Physician assistant student or advanced practice registered nursing student. The amount of credit is equal to $165.00 each for the first, second, or third preceptorship rotations and $340.00 each for up to 7 subsequent rotations.
(c) Application and verification. An applicant must submit a completed application to the Health Care Workforce Training Commission (HWTC) on the form designated by HWTC, as well as any supporting documentation requested by HWTC. The HWTC will provide the applicant and the Oklahoma Tax Commission with written notice of the final disposition of the application within 90 calendar days of receipt. [See: OAC 540:60-1-1 through 540:60-3-4]
(d) Claiming the credit. Taxpayers may claim the credit on the appropriate Oklahoma income tax return. To claim the credit, the taxpayer must provide a copy of the approval from HWTC as part of the income tax return filed for the applicable period.
(e) Carryforward. If the credit allowed pursuant to the provisions of this Section exceeds the amount of income taxes due or if there are no state income taxes due, the amount of the credit allowed but not used in any taxable year may be carried forward as a credit against subsequent income tax liability for a period not exceeding 5 years.
(f) Tax credits are subject to the availability of funds. The credits awarded by HWTC each year will not exceed the amount deposited to the appropriate revolving fund during the fiscal year immediately preceding the applicable income tax year.
PART 9. OKLAHOMA PARENTAL CHOICE TAX CREDIT
710:50-15-171. Definitions [AMENDED]
The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise:
"Accredited private school" means a private school in Oklahoma that is accredited by the State Board of Education or another an accrediting association that meets the requirements set forth in 70 O.S. § 28-101(A).
"Curriculum" means a complete course of study for a particular content area or grade level. [70 O.S. § 28-101(2)(A)]
"Education service provider" means a person, business, public school district, public charter school, magnet school, or organization that provides educational goods and/or services to eligible students in this state. [70 O.S. § 28-101(4)(A)]
"Eligible student" means a resident of Oklahoma who is eligible to enroll in a public school within the state at educational levels of pre-kindergarten (beginning at age 4) through 12th grade. Eligible student shall include:
(A) A student who is enrolled in and attends or is expected to enroll in and attend an accredited private school.
(B) A student who is educated pursuant to the other means of education exception provided for in 70 O.S. § 10-105(A), (hereafter referred to as "homeschool").
(C) A student who is enrolled in and attends or is expected to enroll in and attend attends an accredited private school that exclusively serves students experiencing homelessness.
(D) A student who is enrolled in and attends or is expected to enroll in and attend attends an accredited private school that primarily serves financially disadvantaged students.
"Fiscal year" means the 12-month period from July 1 through June 30.
"Homeschool" means the full-time education of a student in the home, but does not include:
(A) Education of a student in the home who is enrolled in a virtual charter school or virtual private school.
(B) Tutoring or supplemental education of a student in the home who is also enrolled in public or private school.
(C) Periods when the student is on break from a public or private school, such as during summer.
"Homeschool tax credit" means credits authorized pursuant to 70 O.S. § 28-101(C)(2).
"Oklahoma taxpayer" means:
(A) Any person, resident or non-resident, owing or liable to pay any Oklahoma tax;
(B) Any person, resident or non-resident, required to file a report, a return, or remit any tax required by the provisions of any Oklahoma tax law; or
(C) Any person, resident or non-resident, required to obtain a license or a permit or to keep any records under the provisions of any Oklahoma tax law. [See: 68 O.S. § 202]
"Priority consideration" means an application will be reviewed and considered for approval before other applications received by the Tax Commission, regardless of whether the other applications were submitted on an earlier date and time.
"Private school tax credit" means credits authorized pursuant to 70 O.S. § 28-101(C)(1).
"School year" means two semesters, fall and spring, during which schools are in session and students are attending classes. The school year occurs within the fiscal year.
"Second preceding tax year" means the tax year occurring two taxable years prior to the year for which the tax credit application is submitted. For example, tax credit applications submitted in 2025 for the 2025/2026 2025-2026 school year will utilize the federal adjusted gross income (AGI) from the 2023 income tax return.
"Taxpayer" means an Oklahoma taxpayer who is a biological or adoptive parent, grandparent, aunt, uncle, legal guardian, custodian, or other person with legal authority to act on behalf of an eligible student.
(A) A foster parent, or the foster parents, shall be included within the meaning of other person with legal authority to act on behalf of an eligible student.
(B) Taxpayer shall not include a parent or the parents of an eligible student whose parental rights over the eligible student have been legally terminated.
"Tax year" means the 12-month period from January 1 through December 31.
"Warrant" means an order for payment directing the State Treasurer to disburse funds to a designated payee. A warrant operates like a paper check.
710:50-15-172. Private school tax credit [AMENDED]
(a) General provisions. For tax year 2024, and fiscal year ending June 30, 2026, and subsequent fiscal years ending June 30, an income tax credit is allowed for qualified expenses paid for an eligible student to attend an accredited private school.
(b) Qualified expenses. Qualified expenses for the private school tax credit include tuition and fees at an accredited private school. Fees may, but are not limited to, include enrollment, registration, or application fees; textbook fees; technology fees; activity fees; testing and assessment fees; and fees paid for school uniforms, if paid directly to the school. Qualified expenses for the private school tax credit do not include tuition and fees paid with a scholarship or otherwise reduced or discounted by the school.
(c) Amount of credit. For an eligible student who attends or will attend an accredited private school, the credit amount is equal to the amount of tuition and fees charged to or will be paid by the taxpayer for attending the accredited private school for the full school year, less any scholarships or discounts provided by the school,as stated on the enrollment verification form, subject to the following limitations:
(1) The maximum credit amount allowed is $7,500 if the combined adjusted federal AGI of the parents or legal guardians of the eligible student during the second preceding tax year does not exceed $75,000;
(2) The maximum credit amount allowed is $7,000 if the combined adjusted federal AGI of the parents or legal guardians of the eligible student during the second preceding tax year is more than $75,000 but does not exceed $150,000;
(3) The maximum credit amount allowed is $6,500 if the combined adjusted federal AGI of the parents or legal guardians of the eligible student during the second preceding tax year is more than $150,000 but does not exceed $225,000;
(4) The maximum credit amount allowed is $6,000 if the combined adjusted federal AGI of the parents or legal guardians of the eligible student during the second preceding tax year is more than $225,000 but does not exceed $250,000; or
(5) The maximum credit amount allowed is $5,000 if the combined adjusted federal AGI of the parents or legal guardians of the eligible student during the second preceding tax year is more than $250,000.
(6) The maximum credit amount allowed is $7,500 for taxpayers who receive income-based government benefits, including the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), or SoonerCare/SoonerSelect, as of the date of the tax credit application.
(d) Annual cap and limitation of credit.
(1) The total amount of private school tax credits authorized by 70 O.S. § 28-101(C)(1) is subject to the following caps:
(2) The total amount of credits allowed may be reduced pursuant to the provisions 70 O.S. § 28-101(J)(I).
(e) Claiming the private school tax credit.
(1) Application. If an Oklahoma taxpayer incurs or will incur a qualified expense on behalf of an eligible student during the school year, the taxpayer may be eligible to claim the private school tax credit. To apply for the credit, the taxpayer shall complete and submit an online application for each eligible student and include the following documentation and information with the application:
(A) The name, address, and social security number or individual taxpayer identification number (ITIN) of the taxpayer.
(B) The name, address, date of birth, and social security number or ITIN of the eligible student.
(C) If the taxpayer is not the parent or legal guardian of the eligible student, the taxpayer shall provide a signed parental consent form to allow the taxpayer to apply for the credit on behalf of the eligible student.
(D) Income verification of the parents or legal guardian of the eligible student, according to one of the following:
(i) Verification of federal AGI for the second preceding tax year of the parents or legal guardians of the eligible student, which may include providing copies of the applicable Oklahoma income tax return(s) or federal income tax return(s). If, at the time of submission of the tax credit application, the taxpayer has not filed the second preceding years’ tax return, but had a filing requirement, and therefore AGI cannot be verified, the tax credit application will be denied and must be resubmitted once the second preceding tax year return is filed and received by the Oklahoma Tax Commission. The resubmission date and time of a complete application will determine the applicant's place in line.
(ii) If the parents or legal guardians had no tax filing requirement for the second preceding tax year, the taxpayer shall attest within the application they did not have a tax filing requirement.
(iii) If a taxpayer is a recipient of income-based government benefits including the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), or SoonerCare/SoonerSelect, the taxpayer shall not be required to provide additional income verification. The taxpayer must attach documentation that shows he or she is a current recipient of the above-listed government benefits at the time of the tax credit application. Failure to attach the required documentation, without any other income verification documentation, may result in denial of the application. The resubmission date and time of a complete application will determine the applicant's place in line.
(E) An enrollment verification form completed by the private school in which the eligible student is enrolled or is expected to enroll with the following information:
(i) The name, address and date of birth of eligible student;
(ii) The designated semester(s) and school year during which the qualified expenses will be paid;
(iii) The name and address of the private school;
(iv) The name and telephone number of a contact person(s) with the private school; and
(v) The amount of qualified tuition and fees to be charged the taxpayer for the eligible student during the school year, less any scholarship or tuition and fees discounted or otherwise reduced by the school.
(2) Review and submission. The applicant is responsible for reviewing the information contained within the enrollment verification form and verifying its accuracy.
(A) Once the enrollment verification form is submitted with an application, the information included within the enrollment verification form cannot be changed until after the application is approved or denied.
(B) In order to adjust any enrollment verification information after an application has been submitted, but before approval or denial, a taxpayer must withdraw their application, request a new enrollment verification form from the private school, and submit a new application. The date and time of the new application will be used to determine the applicant's place in line for the credit.
(C) To request adjustments to the enrollment verification information after an application has been approved, the taxpayer must request a tuition adjustment or school change as set forth in (7) of this subsection.
(3) Application period opening date. Beginning with For the 2025-2026 school year and subsequent school years, the application period will open on February 15, at 9:00 a.m. (CST), prior to the beginning of the applicable school year, and will close no later than December 31, 2025. To ensure payment of the credit by August 30, 2025, processable applications must be submitted no later than July 15, 2025. If February 15 falls on a Saturday, Sunday or official State of Oklahoma holiday, the application process will open on the next day that is not a Saturday, Sunday or official State of Oklahoma holiday holiday.
(A) Beginning with the 2026-2027 school year and subsequent school years, the application period will begin on March 15 and close on June 15 prior to the beginning of the applicable school year.
(B) If March 15 falls on a Saturday, Sunday or legal holiday, the application will open on the next day that is not a Saturday, Sunday or official State of Oklahoma holiday.
(4) Priority consideration. The priority period is the first 60 calendar days of the application period.
(A) First priority is given to applicationsFor any for an eligible student whose parents or legal guardians have a combined federal AGI that does not exceed $150,000, as long as the application was submitted within the first 60 days of the application period processible applications must be submitted to the Tax Commission on or before the sixtieth (60th) calendar day following the opening of the application period to receive priority consideration as authorized by 70 O.S. § 28-101(E).
(B) Priority will be Second priority is given to applications for eligible students of taxpayers who received the credit in the prior year, as long as the application was submitted within the first 60 days of the application period and whose parents or legal guardians have a combined federal AGI that does not exceed $150,000.
(C) After all timely-filed applications entitled to priority consideration have been reviewed and processed, the Tax Commission will review and process remaining applications for the credit in the order received, provided the Annual Cap annual cap has not been reached.
(5) Notification of approval or denial. Notification of tax credit approval will be sent to the applicant by email once a determination has been made that the application is complete and qualifies for the credit. For those applications that are denied, a letter will be mailed an email will be sent to the applicant, stating the reason for denial.
(6) Application for review hearing. If a taxpayer’s application for the credit is denied, the taxpayer may request a hearing by filing OTC Form L-26, Application for Commission Hearing pursuant to the provisions of 68 O.S. § 207(c).
(A) Payments Payment of the credit will be made by the Tax Commission with an individual warrants warrant made payable to the taxpayer and mailed to the private school where the eligible student is enrolled or expected to enroll identified on the application. The taxpayer may collect the check from the school or may choose to use all or part of the tax credit to pay their student's tuition and fees.
(B) In the event funds have to be recaptured, the taxpayer is responsible for repayment.
(C) If a student changes schools prior to the issuance of the check, the taxpayer must submit a school change notification via OkTAP to redirect the check to the new school. If a school change notification is not submitted prior to the issuance of the check, but a student changes schools, the taxpayer is responsible for collecting the check from the school identified in the approved application.
(7) Tuition and fees adjustment. Taxpayers may submit a request to adjust the amount of tuition and fees used to calculate the amount of their approved tax credit.
(A) Adjustment requests may be made in the following situations:
(i) Student is changing schools to another participating private school and the tuition/fees are higher or lower at the receiving school.
(ii) Student is not changing schools but the tuition/fees at their school increased or decreased after the application was approved.
(iii) Student received a scholarship or discount not otherwise included in the enrollment verification information provided by the school.
(B) Adjustment requests must be made via OkTAP and will be available from July 1 immediately preceding the applicable school year through December 31 immediately following the start of that school year.
(C) Adjustment requests are only available after an application has been approved.
(D) All adjustment requests must be accompanied by new enrollment verification information.
(i) If the student is changing schools, the receiving school must submit enrollment verification information for that student.
(ii) If the student is not changing schools, but still requesting an adjustment, the current school must edit the enrollment verification information previously submitted for that student.
(E) Adjustments that result in an increase of the approved credit amount may be reflected in the disbursement amount of the check or require the disbursement of an additional check. Adjustments that result in a decrease of the approved credit amount may be subject to repayment if there is a balance due.
(F) Adjustment requests will be processed in the order in which received. Those based upon an increase of the tuition and fees may be approved subject to the annual cap and maximum allowable credit amount.
(A) Reconciliation information must be provided electronically.
(B) Participating private schools shall may be required to provide and/or verify the following information:
(i) The name and permanent physical address of the private school;
(ii) The total number of instructional days per semester;
(iii) The total number of instructional days the eligible student was enrolled in the private school each semester;
(iv) The amount of tuition and fees paid on behalf of the eligible student for the applicable year (the initial amount of tuition and fees, less any scholarship or discount);
(v) The name, grade level, address, and date of birth of the eligible student Scholarships and discounts received by that student that were not included in the enrollment verification information provided by the school; and
(vi) Student information; and
(vii) Any other information requested by the Tax Commission.
(A) If the eligible student’s parents or legal guardians have an income tax filing status of "married, filing jointly", the federal AGI reported on the parents’ or legal guardians' second preceding year tax return will be used.
(B) If the eligible student’s parents or legal guardians have an income tax filing status of "married, filing separately", the parents' or legal guardians' federal AGI reported on each tax return for the second preceding tax year will be added together to determine the federal AGI.
(A) Name, mailing address, phone number, FEIN, and website of the private school;
(B) Permanent physical address of the school location in Oklahoma;
(C) Primary and secondary contact information for the private school, including proof of employment;
(A) Enrolls in a public school, including an open-enrollment charter school;
(B) Enrolls in a nonaccredited private school;
(C) Is no longer enrolled in an accredited private school;
(D) Graduates from high school; or
(E) Is no longer utilizing private school tax credits for any reason.
(A) The credit was claimed for expenditures that were not qualified expenses;
(B) The taxpayer has claimed an eligible student who no longer attends a an accredited private school or has enrolled in a public school for the period for which the credit was claimed; or
(C) Taxpayer fails to comply with the applicable Oklahoma statutes and regulations.
710:50-15-173. Homeschool tax credit [AMENDED]
(a) General provisions. Beginning with tax year 2024, an income tax credit is allowed for qualified expenses paid by an Oklahoma taxpayer for the homeschool education of an eligible student. The amount of the credit is 100% of qualified expenses, not to exceed $1,000 per eligible student per calendar year.
(b) Claiming the credit.
(1) The homeschool tax credit may be claimed on the applicable tax year's Oklahoma income tax return and must include legible copies of receipts of eligible expenses.
(2) The credit can be claimed only for the tax year the qualified expenses are incurred and paid. Where qualified expenses are incurred in excess of the allowable credit for any given tax year, the excess of qualified expenses shall not be used in claiming the credit for any other tax year.
(3) The credit cannot be claimed for eligible homeschool expenses incurred during any semester when the student was enrolled in a public or private school.
(4) The credit cannot be claimed for expenses incurred during summer or winter breaks between semesters when the student is enrolled in a public or private school.
(c) Qualified homeschool expenses.
(1) Qualified expenses for the homeschool tax credit include the following expenditures:
(A) Tuition and fees for nonpublic learning programs, which may be online or in-person.
(B) Academic tutoring services, which are provided by an individual or a private academic tutoring facility.
(C) Textbooks, curriculum, or other instructional materials including, but not limited to, supplemental materials or associated online instruction required by an education service provide. Instructional materials mean all materials that are designed for use by students and their teachers as a learning resource and help students to acquire facts, skills, or opinions or to develop cognitive processes.
(D) Costs or fees for nationally standardized assessments including, but not limited to college admission assessments and advanced placement examinations, as well as the tuition and fees for tutoring or preparatory courses for the assessments or examinations.
(2) Qualified expenses for the homeschool credit do not include the following, which is not intended to be an exhaustive list:
(A)internet Internet access, laptops, computers, tablets, screens, or any other device that provides internet access or is required to make use of instructional materials, tutoring, or learning programs.;
(B) Out-of-state field trips.
(3) Each eligible homeschool expense can be claimed only once, even if a taxpayer is claiming the credit for multiple students. For example, the parent of two homeschool students may claim only once the cost of an online learning program subscription even though both students have access to the subscription.
(d) Annual cap and limitation of credit. For tax year 2025, and subsequent tax years, the total amount of credits shall not exceed $5,000,000 annually. The total amount of credits allowed may be reduced pursuant to the provisions 70 O.S. § 28-101(J)(I).
(e) Recapture. The Tax Commission will recapture credits if an audit shows the credits were not claimed for a qualified homeschool expense, the student was enrolled in public or private school for two semesters in that year, or the taxpayer fails to comply with the applicable statutes and regulations.
710:50-15-174. Credit for students attending an accredited private school exclusively serving students experiencing homelessness [AMENDED]
(a) General provisions. Beginning with the 2024-2025 school year, an Oklahoma taxpayer may claim an income tax credit for an eligible student who attends an accredited private school in Oklahoma that exclusively serves students experiencing homelessness.
(b) Claiming the credit. To apply for the credit, the taxpayer shall complete and submit an application for each eligible student and include the following documentation and information with the application:
(1) The name, address, and social security number or ITIN of the taxpayer.
(2) The name, address, date of birth, and social security number or ITIN of the eligible student.
(3) If the taxpayer is not the parent or legal guardian of the eligible student, the taxpayer shall provide a signed parent consent form to allow the taxpayer to apply for the credit on behalf of the eligible student.
(4) Documentation from the school that specifies the amount of the cost to educate the eligible student at the private school for the school year for which the application is submitted.
(c) Amount of the credit.
(1) The amount of the credit for students attending an accredited private school in Oklahoma that exclusively serves students experiencing homelessness shall be $7,500 or the amount of the cost to educate the eligible student at the private school per school year, whichever is less.
(2) The total amount of credits allowed may be reduced pursuant to the provisions of 70 O.S. § 28-101(J)(I).
(d) Payment of the credit.
(1) For school year 2025-2026, the approved credit will be paid in two payments disbursed on or before August 30, 2025, and January 15, 2026. Beginning with school year 2026-2027, and for subsequent school years, For eligible students enrolled in a full school year, the full credit will be paid by August 30 of the applicable school year.in two installments, one per school semester. Each payment will be no more than half of the total approved credit. For processible applications filed on or before July 15, payments will be issued no later than August 30 and January 15.
(2) Payments will be issued by the Tax Commission with an individual warrants warrant made payable to the taxpayer and mailed to the private school where the eligible student is enrolled or expected to enroll identified on the application.
(3) If a student changes schools prior to the issuance of the check, a school change notification must be submitted online to redirect the check to the new school. If a school change notification is not submitted prior to the issuance of the check, but a student changes schools, the taxpayer is responsible for picking up the check from the school identified in the approved application.
(e) Notification. Notification of approval will be sent to the applicant by email once a determination has been made that the taxpayer qualifies for the credit. If the application is denied, a letter will also an email will be sent to the applicant, stating the reason for denial and how to dispute the determination.
(f) Denial of application. If a taxpayer’s application for the credit is denied, the taxpayer may request a hearing by filing OTC Form L-26, Application for Commission Hearing pursuant to the provisions of 68 O.S. § 207(c). The application for hearing and supporting documentation may be submitted either online or by mail to the address indicated on the form.
(1) Name, mailing address, phone number, FEIN, and website of the private school;
(2) Permanent physical address of the school location in Oklahoma;
(3) Primary and secondary contact information for the private school, including proof of employment;
(1) The name and permanent physical address of the private school;
(2) The total number of instructional days per semester;
(3) The total number of instructional days the eligible student was enrolled in the private school each semester;
(4) The name, grade level, address, and date of birth of the eligible studentStudent information; and
(5) Any other information requested by the Tax Commission.
(1) The taxpayer has claimed an eligible student who did not or no longer attends the accredited private school that exclusively serves students experiencing homelessness;
(2) The private school no longer qualifies as a private school that exclusively serves students experiencing homelessness; or
(3) The taxpayer fails to comply with the applicable statutes and regulations.
710:50-15-175. Credit for students attending an accredited private school primarily serving financially disadvantaged students [AMENDED]
(a) General provisions. Beginning with the 2024-2025 school year, an income tax credit is allowed for an eligible student who attends an accredited private school in Oklahoma that primarily serves financially disadvantaged students.
(b) Claiming the credit. To apply for the credit, the taxpayer shall complete and submit an application for each eligible student and include the following documentation and information with the application:
(1) The name, address, and social security number or individual taxpayer identification number (ITIN) of the taxpayer.
(2) The name, address, date of birth, and social security number or ITIN of the eligible student.
(3) If the taxpayer is not the parent or legal guardian of the eligible student, the taxpayer shall provide a signed parent consent form to allow the taxpayer to apply for the credit on behalf of the eligible student.
(4) Documentation from the school that specifies the amount of the cost to educate the eligible student at the private school for the school year for which the application is submitted.
(c) Amount of the credit.
(1) The amount of the credit for students attending an accredited private school in Oklahoma that primarily serves financially disadvantaged students shall be $7,500 or the amount of the cost to educate the eligible student at the private school per school year, whichever is less.
(2) The total amount of credits allowed may be reduced pursuant to the provisions of 70 O.S. § 28-101(J)(I).
(d) Payment of the credit.
(1) For school year 2025-2026, the approved credit will be paid in two payments disbursed on or before August 30, 2025, and January 15, 2026. Beginning with school year 2026-2027, and for subsequent school years, For eligible students enrolled in a full school year, the full credit will be paid by August 30 of the applicable school year.in two installments, one per school semester. Each payment will be no more than half of the total approved credit. For processible applications filed on or before July 15, payments will be issued no later than August 30 and January 15.
(2) Payments shall be made by the Tax Commission with an individual warrants warrant made payable to the taxpayer and mailed to the private school where the eligible student is enrolled or expected to enroll identified on the application.
(3) If a student changes schools prior to the issuance of the checks, a school change notification must be submitted online to redirect the check to the new school. If a school change notification is not submitted prior to the issuance of the check, but a student changes schools, the taxpayer is responsible for picking up the check from the school identified in the approved application.
(e) Notification. Notification of approval will be sent to the applicant by email once a determination has been made that the taxpayer qualifies for the credit. If the application is denied, a letter will also an email will be sent to the applicant, stating the reason for denial and how to dispute the determination.
(f) Denial of application. If a taxpayer’s application for the credit is denied, the taxpayer may request a hearing by filing OTC Form L-26, Application for Commission Hearing pursuant to the provisions of 68 O.S. § 207(c). The application for hearing and supporting documentation may be submitted either online or by mail to the address indicated on the form.
(1) Name, mailing address, phone number, FEIN, and website of the private school;
(2) Permanent physical address of the school location in Oklahoma;
(3) Primary and secondary contact information for the private school, including proof of employment;
(1) The name and address of the private school;
(2) The total number of instructional days per semester;
(3) The total number of instructional days the eligible student was enrolled in the private school each semester;
(4) The name, grade level, address, and date of birth of the eligible student Student information; and
(5) Any other information requested by the Tax Commission.
(1) The taxpayer has claimed an eligible student who no longer attends the accredited private school that primarily serves financially disadvantaged students;
(2) The private school no longer qualifies as a private school that primarily serves financially disadvantaged students; or
(3) Taxpayer fails to comply with the applicable statutes and regulations.
710:50-15-176. Protest [NEW]
(a) If a taxpayer is denied the Parental Choice Tax Credit set forth in OAC 710:50-15-172, OAC 710:50-15-174, or OAC 710:50-15-175, the taxpayer may file a written protest using OTC Form L-27.
(b) Protests must be filed within 15 calendar days from the date of the denial email notification. Failure to submit a protest within the 15-day window will result in the denial becoming final in accordance with 68 O.S. § 221.
(c) The following supporting information and documentation must be included with the protest:
(1) A clear explanation of the alleged error(s) committed by the Tax Commission;
(2) The legal authority the taxpayer intends to rely upon at hearing; and
(3) A statement of the relief requested.
(d) The protest may be submitted either online or by mail to the address indicated on the form.
(e) The taxpayer must indicate on OTC Form L-27 whether they are requesting a hearing before an Administrative Law Judge or have the matter decided without a hearing based upon the information submitted with the application and the protest.
(1) If a hearing is requested, it will be conducted pursuant to the rules set forth in OAC 710:1-5-21 through OAC 710:1-5-49, but on an expedited schedule to comply with the statutory 60-day window to have a final resolution.
(2) If a taxpayer does not request a hearing, the Administrative Law Judge will consider the application information, the information submitted with the protest, and any other information related to the matter in issuing Findings, Conclusions, and Recommendations.
(f) Assessments, corrections, or adjustments made to returns claiming the Parental Choice Tax Credit set forth in OAC 710:50-15-173 may be protested under 68 O.S. § 221(C).
SUBCHAPTER 17. OKLAHOMA TAXABLE INCOME FOR CORPORATIONS
PART 5. DETERMINATION OF TAXABLE CORPORATE INCOME
710:50-17-51. Adjustments to arrive at Oklahoma taxable income for corporations [AMENDED]
The following is a partial list and not inclusive of all the allowable and unallowable adjustments that may be made to federal taxable income to arrive at Oklahoma taxable income for corporations: [See: 68 O.S. § 2358]
(1) Taxes based on income. [See: 68 O.S. § 2358(A)(5)]
(A) Taxes based on or measured by income shall not be allowed as a deduction.
(B) Type of taxes that are based on or measured by income are:
(i) State and Local Income Taxes,
(ii) Foreign Income Taxes, and
(iii) some Franchise Taxes that are based on or measured by income.
(2) Federal income taxes. Federalincome taxes are not deductible.
(3) Federal loss carryback/carryforward. A federal net operating loss carryover or carryback will not be utilized in determining Oklahoma taxable income. For the allowance of Oklahoma net operating loss deduction refer to (4) of this Section.
(4) Oklahoma net operating loss carryback/carryover. An election may be made to forego the net operating loss (NOL) carryback period. A written statement of the election must be part of the timely filed Oklahoma loss year return.A net operating loss (NOL) may be carried back or forward to the extent permitted under Internal Revenue Code § 172 and 68 O.S. § 2358. A taxpayer entitled to a carryback may elect to forego the carryback period by making the election on a timely filed original Oklahoma loss year return. The election may be made by checking the designated box on the return or, if the checkbox is not present, by attaching a written statement to the return.
(A) Oklahoma net operating loss. [See: 68 O.S. § 2358(A)(3)]
(i) An Oklahoma NOL may be carried back or over in accordance with 26 U.S.C.A. § 172 until December 31, 1992. However, no Oklahoma NOL can be carried back to years beginning before January 1, 1981 unless there is a federal NOL carryback from the same loss year to the same carryback year.
(I) For net operating losses incurred for tax years beginning on or after January 1, 2001, and ending on or before December 31, 2007, the loss carryback shall be for a period as allowed in the Internal Revenue Code; and
(II) For tax years beginning after December 31, 2007, and ending before January 1, 2009, the loss carryback period shall be for a period of two (2) 2 years; and
(III) For tax years beginning after December 31, 2008, the loss carryback period shall be for a period as allowed by Section 172 of the Internal Revenue Code.
(ii) Any Oklahoma NOL carryback not allowed, due to no federal loss carryback to the same year, may still be carried back to the years beginning after December 31, 1980, or carried over until utilized, without regard to a federal loss.
(B) Oklahoma net operating loss computation for carryback to years beginning before January 1, 1981. The following shall apply to Oklahoma net operating loss before January 1, 1981:
(i) Consolidated federal filing: In the loss year, the percentage of the Oklahoma loss to all loss companies in the consolidation. (If no consolidated loss, there is no NOL allowable.)
(ii) Separate company federal filing: In the loss year, the percentage of the Oklahoma loss to federal loss. (If no federal loss, there is no NOL allowable.) This percentage is then applied to the federal NOL (each loss year separately) when it is taken (absorbed) on the filed federal return. The Oklahoma NOL can be used in the same Oklahoma year it is used on the filed federal return year.
(5) Oklahoma accrued income tax.
(A) Oklahoma will allow a deduction for Oklahoma accrued income tax. The Oklahoma accrued income tax is computed as follows:
(i) Divide the Oklahoma net income by the number 26 for tax years beginning before January 1, 1985.
(ii) Divide the Oklahoma net income by the number 21 for tax years beginning after December 31, 1984 and ending before January 1, 1990.
(iii) Divide the Oklahoma net income by the number 17.667 for tax years beginning after December 31, 1989 and ending before January 1, 2022.
(iv) Divide the Oklahoma net income by the number 26 for tax years beginning after December 31, 2021.
(B) There is no deduction for Oklahoma accrued income tax when Oklahoma net income is a loss. [See: 68 O.S. § 2358(A)(5)] When credits are allowed, the accrual of Oklahoma tax will not be allowed on the amount of Oklahoma taxable income that is covered by the credit, except for credits that have been acquired by transfer. The amount paid for credits that have been acquired by transfer can be used as a payment of tax for purposes of computing the deduction for Oklahoma accrued tax. Tax accrual is allowed on the amount of income for which tax is actually paid. The example in Appendix A of this Chapter shows how the accrual should be calculated. A schedule such as the example should be attached and submitted with Form 512.
(6) Expenses allocated to nontaxable income. 68 O.S. § 2358(A)(4) provides that deductions should be allocated to assets that may produce nontaxable income.
(A) An adjustment is required when a corporation has an investment in assets which produce income which is non-unitary, or separately allocable. Such items may include, but are not limited to, investments in subsidiaries, other corporation's bonds, U.S. Obligations or other types of securities that produce income which is excluded from Oklahoma income.
(B) A ratio is used to allocate expenses between unitary business operations and all other activities that do not produce unitary income. The manner in which this adjustment is made is as follows: A fraction, or percentage, is computed by dividing the average of investment in assets, the income from which is allocable, by the average of total assets. This percentage is then applied to certain expenses claimed on the return to arrive at the amount of expenses related to non-unitary business, and the resulting amount is added back to federal taxable income.
(C) Generally, interest expense is the only expense against which the adjustment described in subparagraph (B) of this paragraph is applied. However, facts and circumstances may indicate that other expenses should be considered in this allocation. This adjustment will be considered in all cases where deemed appropriate. [See: 68 O.S. § 2358(A)(4)] [See example in Appendix E of this Chapter]
(7) Interest income.
(A) U. S. obligations. Interest income from U.S. obligations is excluded from federal taxable income to arrive at Oklahoma taxable income. Interest income received from FNMA, GNMA, or the Internal Revenue Service is not income from an obligation of the U.S. government and cannot be excluded to arrive at Oklahoma taxable income.
(B) Other interest income.
(i) Interest income is to be directly allocated to the domiciliary situs of the taxpayer; except that interest income received from accounts receivable income shall be included in apportionable income.
(ii) There shall be added to Oklahoma taxable income, interest income on obligations of any state or political subdivision thereof which is not otherwise exempted pursuant to federal laws or laws of this State, to the extent said interest is not included in federal taxable income or adjusted gross income.
(8) Dividends. Dividends are to be allocated to the domiciliary situs of the taxpayer. [See: 68 O.S. § 2358(A)(4)(b)]
(A) For purposes of calculating Oklahoma taxable income, foreign earnings deemed repatriated pursuant to 26 U.S.C. § 965 shall be considered dividend income and shall be allocated to the domiciliary situs of the taxpayer.
(i) To the extent such income is not included in the calculation of a taxpayer's federal taxable income due to inclusion on an IRC 965 Transition Tax Statement rather than the income tax return, the income shall be included on the Oklahoma return as an addition to net taxable income.
(ii) If a taxpayer elects to make installment payments of tax pursuant to the provisions 26 U.S.C. § 965, such election may also apply to the payment of Oklahoma income tax, attributable to the income upon which such installment payments are based.
(B) For purposes of calculating Oklahoma taxable income, global intangible low-taxed income included in federal income pursuant to 26 U.S.C. § 951A foreign income inclusions under 26 U.S.C. § 951A (Global Intangible Low-Taxed Income, prior to repeal, or Net CFC Tested Income) shall be considered dividend income and shall be allocated to the domiciliary situs of the taxpayer.
(9) Domestic International Sales Corporation (DISC) and Foreign Sales Corporation (FSC) Commission Expense. Expenses incurred in producing DISC and FSC Dividend income shall be allocated on the same basis as the DISC and FSC Dividend income. [See: 68 O.S. § 2358(A)(4)]
(10) Net oil and gas income. Income or loss from oil and mining production or royalties, and gains or losses from sales of such property, shall be allocated in accordance with the situs of such property. General and administrative expenses will be allocated on the basis of Oklahoma direct expense to total direct expense. [See: 68 O.S. § 2358(A)(4)(a)]
(11) Oklahoma 22% depletion. Oklahoma depletion on oil and gas may be computed at twenty-two percent (22%) 22% of gross income derived from each Oklahoma property during the taxable year.
(A) For tax years beginning on or after January 1, 2001, and ending on or before December 31, 2011, and for tax years beginning on or after January 1, 2014, major oil companies, as defined by 52 O.S. § 288.2(4), shall be limited to fifty percent (50%) 50% of net income for such property (computed without allowance for depletion).
(B) During years not specified herein, the Oklahoma depletion allowance, for all taxpayers, shall not exceed fifty percent (50%) 50% of the net income of the taxpayer (computed without allowance for depletion) from the property.
(C) The percentage depletion calculated shall not be a duplication of the depletion allowed on the federal income tax return. [See: 68 O.S. § 2353(10)]
(12) Net rental income and safe harbor leasing. The following provisions apply to the treatment of net rental income and safe harbor leasing:
(A) Net rental income is separately allocated. [See: 68 O.S. § 2358(A)(4)]
(B) A schedule of net rental income is required to be filed with the return showing gross income and all expenses (depreciation, repairs, taxes, interest, general and administrative expense, etc.).
(13) Royalties; patents; copyrights. [See: 68 O.S. § 2358(A)(5)]
(A) Income from patent or copyright royalties is apportionable.
(B) Income from which expenses have been deducted in producing such patent or copyright royalties in arriving at apportionable income (including the purchase of such patent or copyright royalties) shall be apportionable.
(14) Capital gains or loss - 4797 gains or loss.
(A) Gains (losses) from the sale or other disposition of unitary assets or any other assets used in the unitary enterprise are apportionable. [See: 68 O.S. § 2358(A)(5)]
(B) Gains (losses) from sale of property, the income from which is separately allocated shall also be separately allocated.
(15) Partnership income or loss from corporate partners.
(A) Partnership income or loss shall be separately allocated. [See: 68 O.S. § 2358(A)(4)]
(B) The Oklahoma distributive share of partnership income as determined under 68 O.S. § 2358 and 68 O.S. § 2362 shall be allocated to Oklahoma.
(16) Overhead allocation. The Commission may adjust or allocate overhead expenses to or from a parent or subsidiary, or between divisions in order to more accurately reflect the overhead expenses. [See: 68 O.S. § 2366]
(17) Federal new jobs credit deduction. For tax years beginning after December 31, 1980, the Federal New Jobs deduction is disallowed due to Oklahoma's own Investment/New Jobs Credit.
(18) Deductions related to directly allocated income/loss. Deductions incurred in producing income of a nonunitary nature shall be allocated on the same basis as the income. (Examples: Liquidation of subsidiaries, worthless stock loss, bad debts due subsidiaries on sale of stock, etc.) [See: 68 O.S. § 2358(A)(4)]
(19) Intercompany eliminations. There are no provisions to allow intercompany eliminations in computing the income of each company filing an Oklahoma Consolidated Return.
(20) Other income. Generally, other income, unless it is separately allocable under 68 O.S. § 2358(A)(4) is apportionable. [See: 68 O.S. § 2358(A)(5)]
(21) Add-back of federal bonus depreciation for Oklahoma income tax purposes. Generally, corporations claiming the federal bonus depreciation (as allowed under provisions of the federal Job Creation and Workers Assistance Act of 2002, the provisions of the federal Economic Stimulus Act of 2008 or the federal American Recovery and Reinvestment Act of 2009) are required to add back a portion of the bonus depreciation and then claim it in later years for Oklahoma income tax purposes.
(A) Corporations filing Oklahoma income tax returns will have to add back eighty percent (80%) 80% of any bonus depreciation claimed under provisions of the federal Job Creation and Workers Assistance Act of 2002, the federal Economic Stimulus Act of 2008 or the federal American Recovery and Reinvestment Act of 2009). Any amount added back can be claimed in later years. Twenty-five percent (25%) 25% of the amount of bonus depreciation added back may be subtracted in the first taxable year beginning after the bonus depreciation was added back, and twenty-five percent (25%) 25% of the bonus depreciation added back may be deducted in each of the next three succeeding taxable years.
(B) The provisions relating to the add-back of the federal bonus depreciation apply only to C-Corporations and are not applicable to corporations which have elected to be treated as Subchapter S Corporations pursuant to 26 U.S.C. § 1361 et seq. of the Internal Revenue Code, nor to Limited Liability Companies.
(22) Add-back of applicable Section 179 expenses. For tax years beginning on or after January 1, 2009 and ending on or before December 31, 2009, any amount in excess of One Hundred Seventy-five Thousand Dollars ($175,000.00) $175,000 which has been deducted as a small business expense under Internal Revenue Code Section 179 as provided in the federal American Recovery and Reinvestment Act of 2009 must be added back to Oklahoma taxable income.
(23) Add-back of federal depreciation for Oklahoma income tax purposes.
(A) Taxpayers have the option to immediately and fully deduct the cost of qualified property and qualified improvement property for income tax purposes. This deduction is eligible for one hundred percent (100%) 100% bonus depreciation and can be claimed as an expense in the tax year when the property is placed in service. This deduction remains available in subsequent years, regardless of changes to federal law related to cost recovery amortization beginning January 1, 2023.
(B) If a taxpayer chooses to immediately and fully expense qualified property or qualified improvement property, any depreciation claimed under this provision cannot duplicate the depreciation or bonus depreciation claimed on their federal income tax return. For tax returns filed on or after January 1, 2023, the taxpayer must increase their federal taxable income by the amount of depreciation received under the Internal Revenue Code for the property for which the immediate and full expensing election was made on the Oklahoma income tax return. If a taxpayer's federal taxable income is not increased as required by this provision before October 1, 2023, they must file an amended return reflecting the increase by June 30, 2024. The Tax Commission will not impose penalties or interest if a correct amended return is filed within the specified timeframe.
(C) The taxpayer's decision to recover investment costs through immediate expensing in the year of the investment or through amortization over a schedule is irrevocable, unless specifically allowed by the Tax Commission.
SUBCHAPTER 23. FIDUCIARY REPORTING
710:50-23-1. Fiduciaries [AMENDED]
(a) State income tax reporting requirements.
(1) The Income income tax period of an estate is initially established the day following the date of death and the estate representative may elect an annual closing period for the estate to be the last day of any month not to exceed twelve months. Once an estate tax period has been established, it will remain the same throughout the period of administration up to and including the final decree and court order for distribution.
(2) During the period of the administration of an estate, the liability for the filing of an Oklahoma Income Tax Return income tax return for the estate and the payment of any tax due, shall be that of the representative of the estate.
(3) Only that income properly paid, credited or distributed to the beneficiaries, pursuant to a court order or under the terms of the will, may be deducted from the income of the estate.
(4) The Court Order for Final Decree is deemed to distribute both income and corpus, therefore the amounts of income generated during such final period must be shown on the final Oklahoma Income Tax Return income tax return of the estate as a distribution showing also the name, address and social security number of each beneficiary, as well as the amounts and types of income so distributed to each.
(5) The representative of the estate, such as the administrator, executor or personal representative, is responsible for reporting the correct amount of income tax due for all years of the estate and must secure a certificate of clearance from the Oklahoma Tax Commission, disclaiming any further Oklahoma Income Taxes income taxes due or owing by the decedent or the estate for which the representative acts.
(6) Wills and/or Trust Instruments trust instruments shall be filed with the initial filing of Trust trust or Estate estate return, so the flow of income can be determined.
(7) Returns of Trusts trusts and Estates estates are due on the 15th day of the fourth month following the close of the taxable year.
(b) Certificate of clearance. Prior to the issuance of a certificate of clearance, all taxes due from Decedent's decedent's prior years' returns must be paid.
(c) Resident/nonresident.
(1) Domicile is the primary determining factor in interpretation.
(2) A residence at death creates a resident estate throughout probate. A testamentary trust of such an estate is likewise a resident until distributed.
(3) Grantor trusts follow the situs of the grantor.
(4) Intervivos trust depends upon the trust language.
(5) The residence of the executor, administrator or trustee has no bearing on the residence of the estate or trust.
(d) Characteristics of income and deductions. Income and deductions shall retain the same characteristics as reported to and allowed by the Internal Revenue Service (I.R.S.). Example: Personal service income reported to the I.R.S. shall be treated as personal service income to Oklahoma and not as business income or any other type of income.
(e) Deductions on fiduciary return. There is no deduction for state estate tax for income in respect of the decedent. There is no deduction for interest paid on payments for Federal Estate Tax federal estate tax, unless the election is made to deduct this interest on the Federal Fiduciary Income Tax Return federal fiduciary income tax return. The election to deduct administration expenses and losses on the fiduciary return in lieu of the estate tax return; must follow the federal election, and a statement must be filed with the return waiving the right to deduct the expenses and losses on Oklahoma Estate Tax form 454. There is no deduction for Federal Income Tax federal income tax return paid in on the fiduciary return.
SUBCHAPTER 25. BANKRUPTCY
710:50-25-1. General provisions; bankruptcy [AMENDED]
The Fiduciary fiduciary must file OTC Form 513 for the Estate estate of an individual involved in bankruptcy proceedings, if a Federal Income Tax Return federal income tax return is required for the Bankruptcy Estate bankruptcy estate. Use OTC Form 513 as a transmittal for OTC Form 511. Complete the tax for the Bankruptcy Estate bankruptcy estate on the OTC Form 511, by using the instructions and tax rate schedules for a married person, filing separately. Enter the computed tax on OTC Form 513, line 23, and remit payment of any tax due.
[OAR Docket #26-440; filed 6-1-26]
TITLE 710. Oklahoma Tax Commission
CHAPTER 65. SALES AND USE TAX
[OAR Docket #26-441]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 7. Duties and Liabilities
710:65-7-17.1. Vendors' fine for refusal to accept sales tax exemption claims of 100% disabled veterans or surviving spouses of qualifying deceased disabled veterans [AMENDED]
Subchapter 11. Credits and Refunds
710:65-11-1. Sales tax credits and refunds [AMENDED]
Subchapter 13. Sales and Use Tax Exemptions
Part 42. DISABLED VETERANS IN RECEIPT OF COMPENSATION AT THE ONE HUNDRED PERCENT RATE
710:65-13-275. Exemption for disabled veterans in receipt of compensation at the 100% rate, unremarried surviving spouses thereof, and unremarried surviving spouses of persons who died while in the line of duty and unremarried surviving spouse of persons whose disability determination was made after their death [AMENDED]
Part 43. SOCIAL, CHARITABLE, AND CIVIC ORGANIZATIONS AND ACTIVITIES
710:65-13-373. Organizations providing school supplies for underserved students [NEW]
Subchapter 19. Specific Applications and Examples
Part 11. "F"
710:65-19-117. Firearm and gun safety devices [NEW]
Part 25. "M"
710:65-19-215. Vehicle sales tax [AMENDED]
AUTHORITY:
68 O.S. §§ 203, 1352, 1354, 1355(2), 1356(88), & 1357(44); Oklahoma Tax
Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through January 6, 2026
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
710:65-7-17.1 is amended to clarify for vendors that requirements apply to
Oklahoma resident veterans. Updates added to eliminate any confusion with KS
adoption of similar DAV sales tax exemption.
710:65-11-1 amendments remove reference to letters of credit. OTC has
implemented a process for taxpayers to "net out" credits from return to return.
710:65-13-275 updates rules to match process and statutory language. OTC will
move away from the letter towards a data exchange.
New section 710:65-19-117 added to implement the provisions of SB 50 (2025),
which established a sales tax exemption on firearm and gun safety devices.
New section 710:65-13-373 added to implement the provisions of SB 59 (2025),
which established a sales tax exemption for organizations providing school
supplies to underserved students.
Amendments to 710:65-19-215 update rule to reflect statute (SB 984, 2023), allowing for trade in value for sales price consideration for motor vehicle sales tax.
CONTACT PERSON:
Corey Jager, Agency Liaison, Tax Policy Division, Oklahoma Tax Commission, Oklahoma City, Oklahoma 73194; Telephone number: (405) 521-4155; Email: corey.jager@tax.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 7. DUTIES AND LIABILITIES
710:65-7-17.1. Vendors' fine for refusal to accept sales tax exemption claims of 100% disabled veterans or surviving spouses of qualifying deceased disabled veterans [AMENDED]
A vendor who willfully or intentionally refuses to honor the sales tax exemption afforded aan Oklahoma resident 100% disabled veteran's or the unremarried surviving spouse of a deceased qualifying Oklahoma resident disabled veteran is subject to punishment by an administrative fine for the first offense. A second or subsequent violation constitutes a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00)$500.00 per offense.
SUBCHAPTER 11. CREDITS AND REFUNDS
710:65-11-1. Sales tax credits and refunds [AMENDED]
(a) Credits, other than for bad debts discussed below, may not be taken on the sales tax reporting form until or unless a valid letter of credit has been received from the Commission. The burden of establishing the right to, and the validity of, a credit or refund is on the vendor or purchaser claiming the credit or refund.
(b) Except for refund requests for state sales tax paid on the purchase of food and food ingredients, credit/refund requests submitted by a vendor shall include the information set out in paragraphs (1) though (8) of this subsection (if applicable). The application for credit may be obtained from the Oklahoma Tax Commission, 300 N. Broadway Ave, Oklahoma City, OK 73102, or online at www.tax.ok.gov.
(1) A written detailed explanation of why the credit/refund is due. (Include exemption numbers and/or an explanation on exempt customers.)
(2) Amended reports detailing the correct figures that should have been reported. (A worksheet may be used in lieu of an amended report for each month involving an extended period.)
(3) Copies or a list of the sales tax reports on which the sales were originally reported.
(4) Copies of cancelled checks used to remit the tax paid.
(5) Copies of the original invoices on which the tax was originally charged. If the number of invoices exceeds twenty-five (25), the invoices must be accompanied by an electronic spreadsheet of the invoices associated with the refund claim that relates back to the tax amount requested on the application for credit. The required fields should accurately list the customer name, invoice date, invoice number, description of the items, the taxable amount, the sales/use tax requested, period the tax was remitted, permit number the tax was remitted under, and the jurisdiction(s) for which the tax was paid.
(6) Copies of the credit invoices or checks showing the tax collected or charged in error has been refunded to your customer.
(7) A recap of the credit/refunds by tax type, tax period, and taxing jurisdiction.
(8) Other documentation which may be pertinent to the requested credit/refund.
(c) Credit/refund requests submitted by a purchaser shall include the information set out in paragraphs (1) though (5) of this subsection (if applicable). The application for credit may be obtained from the Oklahoma Tax Commission, 300 N. Broadway Ave, Oklahoma City, OK 73102, or online at www.tax.ok.gov.
(1) The name, address, telephone number of the contact person along with the name, address, telephone number and at least the last four digits of the purchaser's identification number.
(2) A written detailed explanation of why the credit/refund is due. Such explanation must contain sufficient factual information about the transaction and reason why the transaction is not subject to tax. (Include exemption number, if applicable)
(3) Copies of the original invoices included in the refund request, in chronological order, from the oldest to the most current. If the number of invoices exceeds twenty-five (25), the invoices must be accompanied by an electronic spreadsheet of the invoices associated with the refund claim that relates back to the tax amount requested on the application for credit. The required fields should accurately list the vendor name, invoice date, invoice number, description of the items, the taxable amount, the sales/use tax requested, period the tax was remitted, permit number the tax was remitted under, and the jurisdiction(s) for which the tax was paid.
(4) Additional documents which support the refund claim, for example: executed contracts, shipping documents or bills of lading, or documentation reflecting usage of tangible personal property, if not evident from the invoice description.
(5) If the amount of the credit/refund request exceeds $10,000.00, the purchaser must also provide the following:
(A) A statement from each vendor to whom the purchaser paid the tax setting forth each invoice included in the claim,
(B) The amount of state, city and/or county tax collected from the purchaser and reported by the vendor and the local jurisdiction(s) for which the tax was paid,
(C) The date on which the tax was remitted to the Tax Commission, and
(D) A statement that the vendor has not, and will not, refund the tax to the purchaser.
SUBCHAPTER 13. SALES AND USE TAX EXEMPTIONS
PART 42. DISABLED VETERANS IN RECEIPT OF COMPENSATION AT THE ONE HUNDRED PERCENT RATE
710:65-13-275. Exemption for disabled veterans in receipt of compensation at the 100% rate, unremarried surviving spouses thereof, and unremarried surviving spouses of persons who died while in the line of duty and unremarried surviving spouse of persons whose disability determination was made after their death [AMENDED]
(a) General provisions for exemption afforded certain veterans. Sales of tangible personal property or services are exempt from sales tax when made to persons who have been honorably discharged from active service in any branch of the Armed Forces of the United States or Oklahoma National Guard, and who have been certified by the United States Department of Veterans Affairs, or its successor, to be in receipt of compensation at the 100% rate for a permanent disability sustained through military action or accident or resulting from a disease contracted while in such service and are registered with the veterans registry created by the Oklahoma Department of Veterans Affairs (ODVA). The exemption includes sales to the spouse of such veteran or to a household member where the veteran resides and who is authorized to make purchases on behalf of the veteran in the veteran's absence, so long as the purchase is for the benefit of the qualified veteran.
(b) General provisions for exemption afforded an unremarried surviving spouse of a veteran qualifying under subsection (a) of this Section or a person who died in the line of duty or a person who disability determination was made after their death. Sales of tangible personal property or services are exempt from sales tax when made to an unremarried surviving spouse of a deceased veteran qualifying for the exemption set out in subsection (a) of this Section or to an unremarried surviving spouse of a person determined by the United States Department of Defense or any branch of the United States military to have died while in the line of duty or to an unremarried surviving spouse under circumstances where the disability determination that would have been made while the disabled veteran was still living is not made final until after the death of the disabled veteran. The exemption includes sales to a household member where the qualifying surviving spouse resides who is authorized to make purchases on behalf of the spouse in his or her absence, so long as the purchase is for the benefit of the spouse.
(c) Qualification to receive an exemption card. To qualify for exemption under this Section and receive an exemption card a veteran or surviving spouse of a qualifying veteran must be an Oklahoma "resident" as defined in 68 O.S. §2353 and submit to the Business Tax Services Division, Oklahoma Tax Commission, Oklahoma City,OK 73194 the following information:
(1) Qualifying veteran. A letter Verification from the United States Department of Veterans Affairs or the Oklahoma Department of Veterans Affairs certifying that the veteran is receiving disability compensation at the 100% rate and proof of registration with the veterans registry established in accordance with 72 O.S. § 421.
(2) Unremarried surviving spouse of veterans qualifying for exemption under subsection (a) of this Section. A letter Verification from the United States Department of Veterans Affairs, Muskogee, OK certifying that the applicant is the unremarried spouse of the qualifying veteran.
(3) Unremarried surviving spouse of a person who died in the line of duty. An original or certified copy of the Department of Defense Form DD-1300 which certifies that the applicant is the surviving spouse of a person who died in the line of duty.
(4) Unremarried surviving spouse of a person whose disability determination was made after their death. A letter Verification from the United States Department of Veterans Affairs, Muskogee, OK certifying that the applicant is the unremarried spouse of a deceased veteran which also provides for the veteran’s qualifying service and disability determination made by the Department subsequent to their death.
(d) Exemption limitations. The authorized exemption in this Section is subject to the following limitations:
(1) Disabled veterans in receipt of compensation at the 100% rate. The authorized exemption for a qualified veteran is limited to Twenty-five Thousand Dollars ($25,000.00) $25,000 per year of qualifying purchases made by the qualified veteran, spouse or household member authorized to make purchases on behalf of the qualified veteran in the veteran's absence. The Tax Commission may request persons asserting or claiming exemption under this Section to provide a statement executed under oath, that the total sales amounts for which the exemption is applicable have not exceeded the yearly limitation of Twenty-five Thousand Dollars ($25,000.00)$25,000. If an exempt sale exceeds the exemption limitation, the sales tax in excess of the limitation shall be treated as a direct sales tax liability and the Tax Commission may recover the tax including penalty and interest by the use of any method authorized by law.
(2) Unremarried surviving spouse. The exemptions authorized in subsection (b) of this Section for an unremarried surviving spouse are limited to One Thousand Dollars ($1,000.00) $1,000 per year of qualifying purchases made by the qualified surviving spouse. The Tax Commission may request persons asserting or claiming exemption under this Section to provide a statement executed under oath, that the total sales amount for which the exemption is applicable has not exceeded the yearly limitation of One Thousand Dollars ($1,000.00) $1,000. If an exempt sale exceeds the exemption limitation, the sales tax in excess of the limitation shall be treated as a direct sales tax liability and the Tax Commission may recover the tax including penalty and interest by the use of any method authorized by law.
(e) Qualifying sales. Sales are exempt if the qualified veteran or surviving spouse has an interest in the funds presented and the purchase is made on his or her behalf, and the qualified person's spouse or household member or the surviving spouse's household member authorized to make purchases on behalf of the veteran or surviving spouse in their absence has presented the exemption card issued by the Oklahoma Tax Commission.
PART 43. SOCIAL, CHARITABLE, AND CIVIC ORGANIZATIONS AND ACTIVITIES
710:65-13-373. Organizations providing school supplies for underserved students [NEW]
(a) General provisions. Sales to or by a 501(c)(3) nonprofit whose principal purpose is to provide school supplies or clothing for underserved pre-K through 12th grade public school students in Oklahoma are exempt from sales tax.[See: 68 O.S. § 1356]
(b) Application process. To apply for this sales tax exemption permit, a completed Form 13-16-A must be mailed to the Oklahoma Tax Commission, Business Tax Services Division, Oklahoma City, OK 73194, along with all required documentation. Form 13-16-A is included in Packet E, which may be found online at tax.ok.gov. The following documentation must be included with the application at the time of submission:
(1) A letter from the Internal Revenue Service (IRS) recognizing the organization as exempt from federal income taxation pursuant to 26 U.S.C. § 501(c)(3); and,
(2) Documentation which shows the applicant meets the criteria set out in subsection (a) above as evidenced by copies of:
(A) Articles of incorporation;
(B) By-laws;
(C) Brochure; or,
(D) Notarized letter from the President or Chairman of the organization.
(c) Exemption limited to eligible, properly documented transactions. Only sales or purchases of the organization are exempt. The organization must keep accurate records to enable it to properly document the exemption on its purchases and to know when it is required to charge sales tax on its sales. If sales tax is collected by the organization on sales which could have been exempt under the provisions of this Section, the sales tax must be remitted to the Oklahoma Tax Commission. Only those purchases actually purchased by the organization, invoiced to the organization, and paid for by funds or check directly from the organization, will qualify for the exemption described in this Section.
(d) Purchases by contractors. Purchase of tangible personal property or services by a contractor, as defined by 68 O.S. § 1352, are taxable to the contractor. A contractor may not purchase tangible personal property or services to perform contracts with qualifying organizations exempt from sales tax.
SUBCHAPTER 19. SPECIFIC APPLICATIONS AND EXAMPLES
PART 11. "F"
710:65-19-117. Firearm and gun safety devices [NEW]
(a) General provisions. Effective November 1, 2025, sales of firearm safety devices and gun safety devices are exempt from sales tax.
(b) Definitions. The following words and terms, when used in this Section shall have the following meaning, unless the context clearly indicates otherwise:
(1) "Firearm safety device" means a gun safe, gun case, gun lock box, trigger lock, barrel lock, or other device that is designed to be used to store a firearm and that is designed to be unlocked only by means of a key, combination, or other similar means.[68 O.S. § 1357]
(2) "Gun safety device" means any integral device to be equipped or installed on a firearm that permits a user to program the firearm to operate only for specified persons designated by the user through computerized locking devices or other means integral to and permanently part of the firearm.[68 O.S. § 1357]
(c) Examples of firearm safety devices and gun safety devices. The following list of examples of items that qualify for this exemption is not intended to be an exhaustive list:
(1) Biometric gun safes with fingerprint scanners
(2) Combination or digital keypad gun safes
(3) Hard-shell pistol cases with key locks
(4) Rifle cases with combination locks
(5) Portable gun cases or lock boxes with biometric locks or digital keypads
(6) Cable trigger locks that thread through the trigger guard
(7) Clamshell trigger locks that cover the trigger area
(8) Combination trigger locks
(9) Keyed trigger locks
(10) Cable locks that run through the barrel and action
(11) Barrel plugs or inserts that block the barrel
(12) Chamber locks that prevent cartridge insertion
(13) Computerized safety systems that recognize authorized users through fingerprints or other biometric data
(14) Action locks that prevent the firearm from cycling
(15) Breech locks for break-action firearms
(16) Magazine locks that secure the ammunition feeding system
(d) Exclusions. The following list of examples of items that do not qualify for exemptions outlined in Subsection (a) is not intended to be an exhaustive list:
(1) Furniture with locking mechanisms
(2) Foot locker
(3) Tool chest, hope chest or other locked chests
(4) Tackle box
(5) Holsters
(6) Keepsake box, trinket box, or jewelry box
(7) Coin safe
(8) Trophy case
(9) Wardrobe or armoire
(10) Gun case, rack, or pouches that do not have internal/integral locking mechanisms
(11) Curio cabinet or display case
(12) Padlocks or other locks not designed to secure firearms
PART 25. "M"
710:65-19-215. Vehicle sales tax [AMENDED]
(a) Applicability. Vehicle sales occurring on or after July 1, 2017 which are subject to vehicle excise tax pursuant to Chapter 21 of Title 68 will also be subject to state sales/use tax at a rate of 1.25%. The referenced vehicle sales are not subject to the imposition of sales/use tax imposed by local taxing jurisdictions.
(b) Exceptions to general applicability. Sales tax is not collected at the time of initial titling or registration of purchased manufactured homes, boats, outboard motors, special mobilized machinery, low-speed/medium speed electrical vehicles.
(c) Date due; penalty. The sales/use tax and must be paid within thirty (30) days from the transfer of vehicle ownership in the same manner and at the same time as vehicle excise tax. After the thirtieth (30th) day, interest is to be collected in addition to the tax due, accruing until paid. After the forty-fifth (45th) day following purchase, a penalty amount is assessed. Sales tax, interest and penalty levy amounts are established by statute.
(d) Taxable value. Sales tax assessment is based upon the purchase price of the vehicle before any credit or discount is allowed for a vehicle trade-in. Sales tax on the purchase of a motor vehicle shall be based on the actual consideration paid for the vehicle. If the transaction includes a trade-in, the taxable gross receipts shall be calculated on the difference between the actual sales price of the purchased vehicle and the value of the trade-in vehicle.
[OAR Docket #26-441; filed 6-1-26]
TITLE 710. Oklahoma Tax Commission
CHAPTER 70. TOBACCO, TOBACCO PRODUCTS, AND CIGARETTES
[OAR Docket #26-442]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 2. Cigarette Stamp Tax
Part 1. General Provisions
710:70-2-9.1. Vehicle and Vending Machine Cigarette Licenses [AMENDED]
710:70-2-9.2. Wholesaler’s Vehicle Cigarette Licenses [NEW]
AUTHORITY:
68 O.S. §§ 203, 304, 322, 345, 415 & 420; Oklahoma Tax Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through January 6, 2026
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
Establishes distinct rule sections and clarifies licensing requirements for cigarette vending machines and vehicles.
CONTACT PERSON:
Corey Jager, Agency Liaison, Tax Policy Division, Oklahoma Tax Commission, Oklahoma City, Oklahoma 73194; Telephone number: (405) 521-4155; Email: corey.jager@tax.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 2. CIGARETTE STAMP TAX
PART 1. GENERAL PROVISIONS
710:70-2-9.1. Vehicle and Vending Machine Cigarette Licenses [AMENDED]
(a) Vehicles and vending machines Each vending machine from which cigarettes are sold constitute a "place of business" and are required to must be permitted. If the vehicle or vending machine is owned or operated by a place of business for which the regular Two Hundred Fifty Dollar ($250.00) fee has been paid, or if the owner or operator has obtained a retail or wholesale cigarette license, the fee for the vehicle or vending machine is to be $10.00 and the expiration date of the vehicle or vending machine license permit is to be the expiration date of the permit issued to the other place of business. A separate sales tax permit, designated for cigarette and/or tobacco sales, is required for each machine. If a vending machine sells both cigarettes and other tobacco products, only one permit is needed, provided both product types are listed. A copy of the permit must be displayed inside the machine’s glass, visible from the outside.
(b) A separate cigarette license permit must be obtained for each vehicle or vending machine. If a vending machine sells both cigarette and tobacco products, only one license is necessary as long as both license types are listed. A copy of the license must be displayed on the inside of the glass, visible from the outside. A separate permit is not required if the vending machine is owned or operated by, and located within, a business that already holds a cigarette or tobacco sales tax permit.
(c) The physical location address of the vending machine must be provided on the application, and if the vending machine location changes before the license expires, the new address must be provided to the Tax Commission using Form BT-115-C.
710:70-2-9.2. Wholesaler’s Vehicle Cigarette Licenses [NEW]
(a) Retail sales from vehicles are prohibited. Vehicle Cigarette Licenses may only be issued to licensed cigarette wholesalers. Each vehicle from which cigarettes are sold is considered a “place of business” and must be licensed. A separate vehicle license, designated for cigarette and/or tobacco sales, is required for each vehicle. If a vehicle sells both cigarettes and other tobacco products, only one license is needed, provided both product types are listed. A copy of the license must be displayed on the vehicle and visible from the outside.
(b) The vehicle identification number (VIN) and tag number must be provided on the application.
[OAR Docket #26-442; filed 6-1-26]
TITLE 710. Oklahoma Tax Commission
CHAPTER 90. WITHHOLDING
[OAR Docket #26-444]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
710:90-1-13. Pensions, annuities, and certain other deferred income [AMENDED]
AUTHORITY:
68 O.S. § 203; Oklahoma Tax Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
October 24, 2025
COMMENT PERIOD:
November 17, 2025 through January 6, 2026
PUBLIC HEARING:
January 6, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 20, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
Amendments allow a taxpayer to request withholding in addition to the top rate.
CONTACT PERSON:
Corey Jager, Agency Liaison, Tax Policy Division, Oklahoma Tax Commission, Oklahoma City, Oklahoma 73194; Telephone number: (405) 521-4155; Email: corey.jager@tax.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
710:90-1-13. Pensions, annuities, and certain other deferred income [AMENDED]
(a) Treatment of designated distributions. Designated distributions, as defined by the Internal Revenue Code (IRC), Section 3405, whether periodic or non-periodic, may be subject to Oklahoma income tax withholding.
(b) Treatment of periodic payments. The amount to be withheld from a periodic payment is determined as if it were a payment of wages. The marital status and number of withholding allowances a recipient may claim in determining the tax to be withheld shall be claimed on Form OK-W-4-P, Withholding Certificate for Pension or Annuity Payments.
(1) If the recipient has not provided a withholding certificate, tax will be withheld as if the recipient were married and claiming three (3) withholding allowances.
(2) The recipient can choose not to have tax withheld, regardless of how much tax is owed for the previous year, or is expected to be owed in the current year.
(c) Treatment of non-periodic payments. Tax will be withheld at the top marginal individual income tax rate on any non-periodic payments.
(1) The recipient must use Form OK-W-4-R, Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions to determine whether income tax will be withheld.Elect to have income tax withheld at the top marginal individual income tax rate;
(2) The recipient can also use Form OK-W-4-R, to choose not to have tax withheld.Elect to have income tax withheld at the top marginal individual income tax rate plus an additional specified amount; or
(3) Elect to have no income tax withheld.
(d) Employer contributions. Employer contributions to qualified cash or deferred arrangements are not subject to Oklahoma withholding tax.
[OAR Docket #26-444; filed 6-1-26]
TITLE 715. Teachers' Retirement System
CHAPTER 1. ADMINISTRATIVE OPERATIONS
[OAR Docket #26-448]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
715:1-1-5. Executive Director [AMENDED]
AUTHORITY:
70 O.S. §17-106(9); Teachers' Retirement System Board of Trustees
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 14, 2026
PUBLIC HEARING:
January 15, 2026
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
715:1-1-5 describes the chief administrative officer of the Teachers’ Retirement System, administrative duties of the chief administrative officer, and internal controls regarding vouchers drawn on the System. It is being amended to correctly reference the titles of the Chief Operating Officer and Deputy Chief Financial Officer of Teachers’ Retirement System of Oklahoma in relation to the internal controls on vouchers.
CONTACT PERSON:
Phyllis Bennett, phyllis.bennett@trs.ok.gov, 405-521-4745
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
715:1-1-5. Executive Director [AMENDED]
The Executive Director shall be the administrative officer for the Board of Trustees and shall be responsible for the general administration of the Teachers' Retirement System.
(1) All employees shall be under the direct supervision of the Executive Director.
(2) All vouchers drawn against TRS shall be signed by two members of the administrative staff: the Executive Director, the Deputy Executive Director of OperationsChief Operating Officer, Chief Financial Officer, or the AssistantDeputy Chief Financial Officer.
(3) The Executive Director shall make reports to the Board of Trustees at its regularly scheduled meetings regarding administrative matters, funds and budgetary matters, and present statements showing the general condition of the System's finances.
[OAR Docket #26-448; filed 6-2-26]
TITLE 715. Teachers' Retirement System
CHAPTER 10. GENERAL OPERATIONS
[OAR Docket #26-450]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Membership Provisions
715:10-1-5. Ineligible for TRS membership [AMENDED]
715:10-1-6. Date of Membership [AMENDED]
Subchapter 3. Service Eligibility
715:10-3-1. Requirements for creditablemembership service [AMENDED]
715:10-3-2. Requirements for fulltime service [AMENDED]
715:10-3-3. Requirements for half-time service [AMENDED]
715:10-3-4. Combining fractional years of service [AMENDED]
Subchapter 5. Establishing Other Service Credits
715:10-5-10. Military service credit [AMENDED]
715:10-5-30. Ten-year averagingAveraging of sick leave [AMENDED]
715:10-5-36. Compliance with USERRA and Code Section 414(u), including applicable HEART Act provisions [AMENDED]
Subchapter 7. Membership Vesting and Termination
715:10-7-2. Limitation of benefits to an inactive, vested member [AMENDED]
Subchapter 9. Survivor Benefits
715:10-9-3. Monthly annuity in lieu of death benefit [AMENDED]
715:10-9-6. Probate waivers [AMENDED]
715:10-9-7. Beneficiary designation following a divorce [AMENDED]
Subchapter 13. Contributions for Membership Service
715:10-13-2. Contributions required on all regular annual compensation from all employers [AMENDED]
715:10-13-3. Employee contribution rates [AMENDED]
715:10-13-8. Procedure for making contribution deductions [AMENDED]
715:10-13-10. Annual report of employment [AMENDED]
715:10-13-11. Percentage limits on compensation increases [AMENDED]
715:10-13-13. Contributions while receiving workers' compensation payments [AMENDED]
715:10-13-15. Waiver of employer late fees [AMENDED]
Subchapter 15. Service Retirement
715:10-15-1. Eligibility for service retirement [REVOKED]
715:10-15-2. Age, service requirements for regulareligibility, and other requirements for service retirement [AMENDED]
715:10-15-10. Retirement plans [AMENDED]
715:10-15-10.1. "Pop-up" of Option 2 or Option 3 retirement plans [AMENDED]
715:10-15-10.2. Partial lump-sum payments [AMENDED]
715:10-15-11.1. Designation of Trustee of Oklahoma Discretionary and Special Needs Trust as joint annuitant or beneficiary [AMENDED]
Subchapter 17. Post-Retirement Employee
715:10-17-5. Permissible employment [AMENDED]
715:10-17-13. Election to return to qualifying employment [AMENDED]
715:10-17-15. Salary limitations for certain returning classroom teachers [REVOKED]
Subchapter 23. State and Education Employees Group Health and Dental Insurance ProgramOklahoma Employees Insurance and Benefits Act [AMENDED]
715:10-23-1. State and Education Employees Group Health and Dental Insurance ProgramOklahoma Employees Insurance and Benefits Act [AMENDED]
715:10-23-2. Monthly health insurance premium supplementsubsidy paid by the Teachers' Retirement System [AMENDED]
715:10-23-3. Participating education employers not enrolled in the State and Education Employees Group Insurance Plan [REVOKED]
715:10-23-4. Retired members who return to employment [AMENDED]
715:10-23-5. Retired members ineligible for health insurance supplement who are ineligible for health insurance premium subsidy [AMENDED]
715:10-23-6. Health Insurance Tax treatment of the Health Insurance Premium Contribution [AMENDED]
AUTHORITY:
70 O.S. §17-106(9); Teachers' Retirement System Board of Trustees
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 24, 2025
COMMENT PERIOD:
December 15, 2025 through January 14, 2026
PUBLIC HEARING:
January 15, 2026
ADOPTION:
January 28, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 29, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 1, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
715:10-1-5 is being amended to align with language in 715:10-1-4 regarding when non-classified optional personnel are eligible for participation in the System. It is also being amended to correct a statutory reference typographical error. Lastly, it is being amended to strike a vague statement about ineligible employment which is being more clearly incorporated into 715:10-13-2.
715:10-1-6 is being amended to reflect amendments to Title 70 of the Oklahoma Statutes enacted by House Bill 2528 in the 2024 legislative session. House Bill 2528 was re-organized with current statutory referencing system which changed the citations of current provisions. The amendment to this rule is to correct the statutory citation to the proper reference.
715:10-3-1 is being amended to conform to statutory definitions of membership and creditable service reflected in Title 70 of the Oklahoma Statutes, most recently confirmed by enactment in House Bill 2528 in the 2024 legislative session. TRS treats the service correctly as directed by statute but references to the service types in rules were incorrect.
715:10-3-2 is being amended to conform to statutory definitions of membership and creditable service reflected in Title 70 of the Oklahoma Statutes, most recently confirmed by enactment in House Bill 2528 in the 2024 legislative session. TRS treats the service correctly as directed by statute but references to the service types in rules were incorrect.
715:10-3-3 is being amended to conform to statutory definitions of membership and creditable service reflected in Title 70 of the Oklahoma Statutes, most recently confirmed by enactment in House Bill 2528 in the 2024 legislative session. TRS treats the service correctly as directed by statute but references to the service types in rules were incorrect.
715:10-3-4 is being amended to conform to statutory definitions of membership and creditable service reflected in Title 70 of the Oklahoma Statutes, most recently confirmed by enactment in House Bill 2528 in the 2024 legislative session. TRS treats the service correctly as directed by statute but references to the service types in rules were incorrect.
715:10-5-10 is being amended to conform to statutory amendments to Title 70 of the Oklahoma Statutes enacted in the 2025 legislative session under House Bill 1465 which added a definition for “military service”. TRS statutes allow the purchase of military service under certain circumstances. TRS is adding this definition to rules. Notably, TRS was already using this definition of military service, so there are no operational changes.
715:10-5-30 is being amended to conform to statutory definitions of membership and creditable service reflected in Title 70 of the Oklahoma Statutes, most recently confirmed by enactment in House Bill 2528 in the 2024 legislative session. It is also being amended to provide a good cause exception to the requirement to use 10 years of employment sick leave records for averaging when such records do not exist. This is a member friendly change which allows members to take advantage of an average of accumulated unused sick leave when, through no fault of their own, records from a previous or current employer do not exist.
715:10-5-36 is being amended to clarify that payment for make-up contributions related to qualified military service under USERRA which a member wants included in the calculation of service credit for retirement must be received before a member terminates employment with his or her pre-service employer or the member’s effective retirement date, whichever comes first. This edit clarifies for TRS members and employers the interplay between federal regulations and TRS operational requirements for retirement.
715:10-7-2 is being amended to strike an outdated reference to the tax-sheltered annuity program which is no longer in existence and to correct the reference to the Oklahoma Employees Insurance and Benefits Plan.
715:10-9-3 is being amended to reflect amendments to Title 70 of the Oklahoma Statutes enacted by House Bill 2528 in the 2024 legislative session. House Bill 2528 was re-organized with current statutory referencing system which changed the citations of current provisions. The amendment to this rule is to correct the statutory citation to the proper reference. This rule is also being amended to provide the period in which a survivor will accrue a survivor benefit under this rule and the timing of payment of the survivor benefit described in this rule. The rule also now provides an example of its application for clarity.
715:10-9-6 is being amended to reflect amendments to Title 70 of the Oklahoma Statutes enacted by House Bill 2528 in the 2024 legislative session. Particularly, consistent with statutory amendments, this rule will now allow probate waivers for all persons, instead of just members, entitled to a benefit from the System, provided they meet certain other statutory qualifications. Additionally, because many beneficiaries use the funds from a probate waiver process to pay last expenses, TRS eliminated the requirement for proof of payment of last expenses and now accepts a notarized statement that last expenses are either paid or provided for.
715:10-9-7 is being amended to clarify members who divorce have a responsibility to provide the System a copy of their file-stamped divorce decree so that the System can properly administer and pay survivor benefits.
715:10-13-2 is being amended to incorporate a clearer statement of the stricken language from 715:10-1-5, which clarifies that when a member works secondary employment that would be ineligible if the member was not otherwise participating in TRS with eligible employment, the member will be credited for the associated salary received in that ineligible employment but will not receive additional service credit. This practice allows a member to potentially increase their final average salary which goes into their retirement benefit calculation.
715:10-13-3 is being amended to comply with amendments to Title 70 of the Oklahoma Statutes enacted in House Bill 1544 from the 2024 legislative session which recognized and defined certified athletic trainers as certified school personnel, provided they meet certain statutory conditions. Pursuant to 70 O.S. §17-108.2, certified personnel may receive the state credit offset from the State Department of Education provided they meet all applicable conditions, and the amendment to the rule will reflect that certified athletic trainers are so entitled.
715:10-13-8 is being amended to bring the rule into alignment with prior edits to 715:10-13-2 which requires anyone who joins the System after their qualifying employment began to make contributions back to the date their qualifying employment began. The prior rule text was confusing on the term for which contributions would be due, suggesting contributions could be due for a period of time prior to a member’s eligibility for the System, which is incorrect.
715:10-13-10 is being amended to clarify the System’s authority under 70 O.S. §17-108.1(E) for the annual year-end report and to bring the rule text into alignment with statute and current practice.
715:10-13-11 is being amended to clarify that the limit the System applies to compensation increases for purposes of retirement benefit calculation applies only when any of the last three years of service are used to calculate the member’s final average salary for retirement benefit calculation. This is current practice but was unclearly stated.
715:10-13-13 is being amended to clarify that contributions payable when a member is receiving workers’ compensation temporary total disability benefits must be made 90 days prior to retirement, which brings this rule into alignment with 715:10-15-3.
715:10-13-15 is being amended to reflect the System’s current practice of applying late fees attributable to late contribution amounts due from prior fiscal years. This practice presents a break to employers of the monthly compounding interest called for in this rule in exchange for annual compounding interest, resulting in lower late charges being applied.
715:10-15-1 is being revoked as largely duplicative of 715:10-15-2. Elements of 715:10-15-1 which were not duplicated in 715:10-15-2 were incorporated into that rule. Both rules are very brief, and simply refer the reader back to 70 O.S. §17-105 for age, eligibility and other requirements for service retirements. This action complies with Executive Order 2020-03 which tasked agencies with addressing duplicative rules.
715:10-15-2 is being amended to incorporate the non-duplicative language from 715:10-15-1, and the rule now refers the reader to 70 O.S. §17-105 for age, eligibility and other requirements for service retirements. This action complies with Executive Order 2020-03 which tasked agencies with addressing duplicative rules.
715:10-15-10 is being amended to reflect that notwithstanding the Board’s prior decision in 2025 Permanent Rulemaking to revoke the Option 4 retirement plan as a retirement option effective December 31, 2025, members who were eligible for retirement (early or normal) on or before December 31, 2025 can elect the Option 4 retirement plan even though it has been discontinued. Further, the rule also clarifies Option 4 retirement plan can no longer be elected for any member becoming eligible for retirement January 1, 2026 or thereafter. Finally, the amendments more clearly describe for TRS members the current practice of calculating an Option 1 retirement benefit and calculating survivor benefits due upon the death of an Option 4 retiree and to whom the payment goes when multiple beneficiaries are selected – all of which are current practice.
715:10-15-10.1 is being amended to correctly reference the Maximum Plan of Retirement derived from amendments to Title 70 of the Oklahoma Statutes made in the 2024 legislative session under House Bill 2528.
715:10-15-10.2 is being amended to clarify current practice for payments of partial lump sums due certain retirees who are eligible and choose same. Specifically, these payments are issued by direct deposit as required by state statute and not with a paper check. It is also being amended to strike a reference to the previously terminated tax-sheltered annuity plan.
715:10-15-11.1 is being amended to reflect amendments to Title 70 of the Oklahoma Statutes enacted by House Bill 2528 in the 2024 legislative session. House Bill 2528 was re-organized with current statutory referencing system which changed the citations of current provisions. The amendment to this rule is to correct the statutory citation to the proper reference.
715:10-17-5 is being amended to reflect amendments to Title 70 of the Oklahoma Statutes enacted by House Bill 2528 in the 2024 legislative session. House Bill 2528 was re-organized with current statutory referencing system which changed the citations of current provisions. The amendment to this rule is to correct the statutory citation to the proper reference.
715:10-17-13 is being amended to reflect amendments to Title 70 of the Oklahoma Statutes enacted by House Bill 2528 in the 2024 legislative session. House Bill 2528 was re-organized with current statutory referencing system which changed the citations of current provisions. The amendment to this rule is to correct the statutory citation to the proper reference.
715:10-17-15 is being revoked as the statutory provision which authorized an exemption from earnings limits for active classroom teachers only authorized the exception through June 30, 2024. That period has now expired.
715:10-23-1 is being amended to more accurately describe the statutory mechanism through which certain TRS members may continue in force certain insurance benefits under the Oklahoma Employees Insurance and Benefits Act, to clarify that eligibility for these insurance benefits will be determined by the Oklahoma Employee Insurance and Benefits Board, and to correctly reference that governing board.
715:10-23-2 is being amended to more accurately and clearly describe the health insurance subsidy TRS will pay to certain members who properly continue in force their insurance benefits under the Oklahoma Employees Insurance and Benefits Act set out in 74 O.S. §1316.3. The amendments also include stricken text from 715:10-23-3 and 715:10-23-6 which is more appropriately reflected in 715:10-23-2 for complete comprehension of the process. These edits also allow revocation of other rules which, if not revoked, result in duplicative text for context. This action complies with Executive Order 2020-03 which tasked agencies with addressing duplicative rules.
715:10-23-3 is being revoked. Part of the text is duplicative of the text in 715:10-23-2 and part of the text has been incorporated into 715:10-23-2 for a comprehensive understanding of the subsidy. This action complies with Executive Order 2020-03 which tasked agencies with addressing duplicative rules.
715:10-23-4 is being amended to correct the reference that TRS will pay a health insurance subsidy rather than a health insurance supplement and to otherwise reference TRS in short form for consistency throughout administrative rules. It is also being amended to clarify that the subsidy which was terminated upon return to active employment will only resume if the retiree follows the protocols required under the Oklahoma Insurance and Benefits Act and associated governing Board.
715:10-23-5 is being amended to more accurately and clearly describe that when TRS members are not enrolled in an insurance benefit plan as allowed under the Oklahoma Employees Insurance and Benefits Act, pursuant to 74 O.S. §1316.3 TRS will not pay the subsidy. The rule also sets out statutory exceptions to that general statutory requirement.
715:10-23-6 is being amended to reflect amendments to Title 70 of the Oklahoma Statutes enacted by House Bill 2528 in the 2024 legislative session. House Bill 2528 was re-organized with current statutory referencing system which changed the citations of current provisions. The amendment to this rule is to correct the statutory citation to the proper reference and to correctly reference the state employee insurance program. Amendments were also made to strike duplicate text and to re-organize portions of text into 715:10-23-2 to provide a comprehensive approach to the subsidy payment in one rule for better understanding.
CONTACT PERSON:
Phyllis Bennett, phyllis.bennett@trs.ok.gov, 405-521-4745
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2026:
SUBCHAPTER 1. MEMBERSHIP PROVISIONS
715:10-1-5. Ineligible for TRS membership [AMENDED]
The following employees are ineligible to be members of the Teachers' Retirement System when employed exclusively as any of the following:. (Note: Ineligible employment cannot be combined with eligible employment.)
(1) A non-classified employee regularly working less than 20 hours per week.
(2) A substitute, irregular, seasonal, graduate assistant, fellowship recipient, adjunct supplemental or temporary employee. This provision does not apply to adjunct teachers as described in 70 O.S. § 6-122.3 who shall be considered non-classified employees and who may qualify for membership pursuant to OAC 715:10-1-4. (Note: Certain substitute and adjunct employment may qualify for service credit. See OAC 715:10-5-2 and OAC 715:10-5-34).
(3) Persons employed as a consultant or persons contracting with a public school to transport students, to provide food service, or to provide any other services, who are not "regular" employees of the school. (NOTE: School bus drivers or food service personnel who are regular employees of the school are eligible for membership, subject to the requirements of OAC 715:10-1-2, 10-1-4, 10-1-5.)
(4) An employee whose primary function at a school or institution is that of a student. If both the following conditions apply, a person employed in an Oklahoma public school, college or university shall be considered to be a student employee.
(A) The employment is conditional upon the employee's being enrolled as a student at the same institution; and
(B) The employee has no other employment during the same payroll period which is eligible for membership in TRS.
(5) Any persons whose employment compensation comes from federal or other funds and is not administered by an Oklahoma public education employer. (Note: If the employee is not paid by the school on a state warrant, the employee is not considered to be an employee of the school or the State of Oklahoma. Regular employees whose salaries are paid in part or in whole by federal or other funds are eligible for membership if they were hired by the school and paid by the school.)
(6) Any person employed by the public schools of Oklahoma after July 1, 1991, who is covered by another federal, state, county or local public retirement plan which will provide benefits on the employment service covered by the Teachers' Retirement System.
(7) Employees of employers that are not governmental employers within the definition of Internal Revenue Code Section 414 and 70 O.S. 17-116.2J§17-116.2(J).
(8) Any person employed by the University of Oklahoma or Oklahoma State University or the entities of either comprehensive university who elects to participate in an alternative retirement plan provided by the comprehensive university as provided by the Alternate Retirement Plan for Comprehensive Universities Act.
715:10-1-6. Date of Membership [AMENDED]
Date of membership is the date the initial contribution is made to TRS under the current membership account. Any former member of TRS who has previously withdrawn contributions and who redeposits said withdrawn contributions as permitted by law shall have his or her initial date of membership reinstated. Any person who transfers service from the Oklahoma Public Employees Retirement System in accordance with 70 O.S., Section §17-116.2(LK), shall be eligible to use his or her initial entry date into the Oklahoma Public Employees Retirement System as his or her date of membership in TRS for all purposes except the member shall not be considered an ''eligible participant'' under OAC 715:10-15-27 unless the member first joined TRS prior to July 1, 1996. If a current member purchases non-contributory service for those years of qualified employment prior to the current date of membership, the official date of membership will remain the date the member's current membership account was opened. If a member purchases adjunct service in Higher Education that was performed prior to current date of membership, such purchased service shall be considered contributing service for purposes of vesting and membership date.
SUBCHAPTER 3. SERVICE ELIGIBILITY
715:10-3-1. Requirements for creditablemembership service [AMENDED]
(a) All members of TRS must be employed a specified amount of time as related to their educational employment position, and earn a minimum salary, before creditablemembership service will be awarded. A school\employment year typically falls between July 1 and June 30 of any year. No membership service performed as an unpaid volunteer shall be counted as service credit. For membership service performed on or after July 1, 2013, creditablemembership service will be awarded based upon the information provided by each employer certifying full-time equivalent for each position, subject to approval by TRS. No member shall receive one (1) year of membership service credit for less than 960 hours of employment. (This does not mean that a member working 960 hours is automatically entitled to receive one (1) year of creditablemembership service.) No more than one (1) year of creditablemembership service shall be awarded for all service in any one (1) school year. For membership service performed on or after July 1, 2013, fractional membership service will be awarded for less than full-time employment performed during the contract year.
(b) For membership service performed from July 1, 2016, through June 30, 2019, membership service credit will be the result of the days the employee worked during the employment year divided by the number of days the full-time equivalent for that position would be required to work during the entire employment year. A member employed in a position where the full-time equivalent is required to work at least 6 hours per day, 30 hours per week, and 8 months per year shall be considered a full-time employee.
(c) For membership service performed from July 1, 2016, through June 30, 2019, the fractional membership service credit awarded for part-time employment will be based on the number of hours the employee works per week divided by the number of hours the full-time equivalent for that position would be required to work per week. A member employed less than 6 hours per day, 30 hours per week, or 8 months in a year shall be considered a part-time employee. If the employee works lessfewer days per week or employment year than the full-time equivalent, fractional membership service credit will also be awarded based on the number of days the employee works in the employment year divided by the number of days the full-time equivalent works during the employment year.
(d) For membership service performed on or after July 1, 2019, the formula used to calculate membership service credit will be applied in the same manner for both full-time and part-time employment. The minimum requirement for full-time employment is 6 hours per day, 30 hours per week, and 8 months per year. Membership Serviceservice credit will be reduced if the employee works less than the minimum requirement for full-time employment or less than the full-time equivalent for the position worked. Membership Serviceservice credit will be calculated by multiplying the full-time equivalent percentage by the employment year percentage as follows:
(1) Full-time equivalent percentage is calculated by dividing the number of hours per week the member was employed by the number of hours per week for the full-time equivalent position.
(2) Employment year percentage is calculated by dividing the number of days the member was employed by the number of days required for the full-time equivalent position for the full employment year.
(e) For membership service performed on or after July 1, 2016, service credit of less than 1.0 shall be rounded to the nearest tenths (.4 hundredths0.04 and lower will round down, and .5 hundredths0.05 and higher will round up).
715:10-3-2. Requirements for fulltime service [AMENDED]
(a) For membership service performed prior to July 1, 2013, a member employed at least six (6) hours per day (30 hours per week) shall be considered a full-time employee.
(1) A full-time employee may receive one (1) year of creditablemembership service credit after completing six (6) months or more of employment in a school year.
(2) No member shall receive one (1) year of membership service credit for less than 720 hours of employment. (This does not mean that a member working 720 hours is automatically entitled to one (1) year of creditablemembership service credit.)
(b) For membership service performed on or after July 1, 2013, creditablemembership service credit will be awarded as outlined in 715:10-3-1.
715:10-3-3. Requirements for half-time service [AMENDED]
(a) For membership service performed prior to July 1, 2013, a member employed at least four (4) but less than six (6) hours per day (at least 20 but less than 30 hours per week) shall be considered a half-time employee.
(1) A half-time employee may receive one-half (1/2) year of creditablemembership service credit after completing six (6) months or more of employment in a school year.
(2) No member shall receive one-half (1/2) year of membership service credit for less than 480 hours of employment. (This does not mean that a member working 480 hours is automatically entitled to one-half (1/2) year of creditablemembership service credit.
(3) A member who is employed one-half (1/2) the standard workload of other persons employed in similar positions shall not receive more than one-half (1/2) year of membership service credit even if total hours worked exceed 720 hours.
(4) Members who joined TRS prior to July 1, 1991, may receive one-half (1/2) membership service credit for a minimum of three (3) hours per day (540 hours per school year) as long as they remain employed in the same or similar position for the same employing school. Any break in employment shall end this special provision and the member will be required to qualify for full-time or half-time membership service credit as provided for in Subchapters 1 and 3 of this chapter.
(b) For membership service performed on or after July 1, 2013, creditablemembership service credit will be awarded as outlined in 715:10-3-1.
715:10-3-4. Combining fractional years of service [AMENDED]
(a) For membership service performed prior to July 1, 2013, fractions of school terms performed as an active contributing member of TRS of at least one (1) school month, in different school years, may be combined to make a total of six (6) months for one (1) year of creditablemembership service credit. It is not permissible to divide membership service rendered in one (1) year into fractional parts and combine these fractions with membership service rendered in two (2) or more years in order to gain additional years of membership service credit. All fractional membership service must be combined together before days of unused sick leave are applied to fractional membership service to obtain service credit. No more than one (1) year of membership service credit will be given for all employment in any one (1) school year. However, if the member has one hundred twenty (120) or more days of unused sick leave and has ninety (90) days or more days of combined work experience at the end of the school year when the member retires, TRS will grant one (1) year of creditable service credit for the 120 days of unused sick leave and round the 90 days of work experience to count as one (1) year of creditable service.
(b) For membership service performed on or after July 1, 2013, fractional membership service credit will be added together and the resulting sum value shall be included in the retirement formula calculations.
SUBCHAPTER 5. ESTABLISHING OTHER SERVICE CREDITS
715:10-5-10. Military service credit [AMENDED]
An active contributing member of TRS may purchase service credit for active duty military service. As defined in 70 O.S. §17-113, military service includes in the Armed Forces of the United States of AmericaUnited States Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, and the reserve components of these services, as well as the federal and state counterparts of both the Air National Guard and Army National Guard. The member must have received an honorable discharge from the Armed Servicesmilitary to qualify for military service credit. Active duty is defined as that time a member served in the Armed Forces of the United States of Americamilitary from the date inducted to the date of separation. (Time spent between enlistment and induction, or other time spent as a civilian between military service periods, will not be counted as military service.) Credit for military service shall not exceed the number of years obtained when the total months of service are applied to calendar years (January 1 to December 31 periods). Therefore, thirty-six (36) months of military service cannot count for more than three (3) years of TRS membership; forty-eight (48) months cannot count for more than four (4) years; etc.
715:10-5-30. Ten-year averagingAveraging of sick leave [AMENDED]
When a member cannot obtain documentation of accumulated sick leave because records at the employing school(s) are not available, TRS will calculate an average using the last ten (10) years of available eligible Oklahoma public education employment records, provided for good cause shown TRS may use less than ten (10) years. The number of sick leave days absentused each year during the last ten (10) years of available eligible Oklahoma public education employment shall be averaged to determine the average number of sick leave days used each year. The average sick leave days used will be subtracted from a standard ten (10) days of sick leave per school year and the difference multiplied by the total years of creditable Oklahoma membership service.
715:10-5-36. Compliance with USERRA and Code Section 414(u), including applicable HEART Act provisions [AMENDED]
(a) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing USERRA-qualified military service (as defined in Internal Revenue Code Section 414(u)), to the extent required by Internal Revenue Code Section 401(a)(37), survivors of a member are entitled to any additional benefits that TRS would provide if the member had resumed employment and then died, such as survivor benefits that are contingent on the death of an in-service member (as defined in OAC 715:10-9-2). For benefit accrual purposes, a member who dies while performing qualified military service will be treated as if the member had resumed pre-service employment in accordance with USERRA on the day preceding the date of death and then terminated employment on the actual date of death.
(b) Beginning January 1, 2009, to the extent required by Internal Revenue Code Sections 3401(h) and 414(u)(12), an individual receiving differential wage payments from an employer while the individual is performing qualified military service (as defined in Internal Revenue Code Section 414(u)) shall be treated as employed by that employer, and the differential wage payment shall be treated as earned compensation .
(c) Upon the member's timely reemployment with the pre-service employer, the member shall be treated as not having a break in employment and may elect to make-up contributions attributable to the rate of pay the employee would have received but for the member's period of qualified military service, including any differential wage payments.
(d) The member's make-up contributions may only be made during a time period starting with the date of reemployment and continuing for a period of up to three times the length of the member's immediate past period of qualified military service, not to exceed five (5) years. Provided, however, in all cases, payment for all years of qualified military service for which a member wants to receive credit must be received prior to the earlier of termination of the member's employment with the pre-service employer or the member's effective retirement date.
(e) The pre-service employer will not make contributions until the member is reemployed and elects to make-up his or her contributions. The member may elect to pay the make-up employee contributions through a written salary reduction agreement with the pre-service employer for the applicable time period. In that case, the employer would remit its share of the make-up employer contributions each time it remits a make-up employee contribution for the member. If the member elects to make up his or her contributions in a lump sum instead of a written salary reduction agreement with the pre-service employer, the make-up employer contributions are due in a lump sum within 90 days of TRS determining the applicable contributions due by the employer.
(f) If the member chooses not to or fails to repay all of his or her make-up contributions, fractional service credit can be awarded pursuant to OAC 715: 10-3-1 and 715:10-3-4, and credit for any make-up employer contributions paid in excess of the make-up employee contributions will be given to the pre-service employer pursuant to OAC 715:10-11-4.
(g) Make-up contributions made by the member and pre-service employer pursuant to this section shall not be charged interest, so long as repayment is made within the time period set forth in subsection (d).SUBCHAPTER 7. MEMBERSHIP VESTING AND TERMINATION
715:10-7-2. Limitation of benefits to an inactive, vested member [AMENDED]
A member who has a vested account, but who terminates employment and no longer remits contributions, has an "inactive-vested" account. An inactive-vested member is not entitled to the following:
(3) Option to elect, by the member's spouse, retirement benefits in lieu of a lump sum payment of account balance at the member's death.
(4)(3) The purchase of any additional past service credits.
(5)(4) Insurance coverage from the State and EducationOklahoma Employees Group Health Insurance and Benefits ProgramPlan, unless proper application is made for such coverage within thirty (30) days of termination of employment. (See Subchapter 23 of this chapter for more information about group health insurance.)
(1) Statutory death benefit payable to the beneficiaries of an active member.
(2) Participation in the Teachers' Retirement System tax-sheltered annuity program.
SUBCHAPTER 9. SURVIVOR BENEFITS
715:10-9-3. Monthly annuity in lieu of death benefit [AMENDED]
Pursuant to 70 O.S. §17-105(P), Thethe designated beneficiary of an in-service member who qualified for service retirement and had ten (10) years or more of creditable service may elect to receive, in lieu of the return of contributions and the $18,000 death benefit, the retirement benefit to which the deceased member would have been entitled at the time of death under the Option 2 retirement plan.
(1) To qualify for this option, the designated beneficiary must have been named as the sole beneficiary at the time of the member's death (see OAC 715:10-15-1 and 10-15-2 and 70 O.S. §17-105(11)).
(2) This option is only available when the beneficiary is the member's spouse, another person, or the beneficiary of a Discretionary and Special Needs Trust, provided if the designated beneficiary is not the member's spouse, IRS Regulations require that the adjusted member/beneficiary age difference cannot be more than ten (10) years. [See OAC 715:10-15-10, to determine the adjusted member/beneficiary age difference]. [See also OAC 715:10-9-7, if the member and beneficiary were divorced before death].
(3) Beginning the first day of the month following the member’s date of death, the designated beneficiary is eligible to elect a survivor benefit paid monthly in an amount equal to what the member would have been paid under the Option 2 retirement plan. However, the effective date of the election shall be the first day of the month following receipt and approval of the required documentation by TRS. TRS pays monthly benefits in arrears. The first monthly survivor benefit payment and any owed amounts will be made on the first day of the month following the effective date of the election. Owed amounts will be paid without interest. The designated beneficiary who makes this election will receive this monthly survivor benefit for the designated beneficiary's lifetime.
(4) Notwithstanding paragraph (3) above, regarding owed amounts, TRS shall only make retroactive monthly survivor benefit payments to the designated beneficiary for the months attributable to the period between the date the designated beneficiary first became eligible to elect this benefit to the effective date of the election, and this payment shall be capped at 6 months’ of accrued payments. For example, if a member passes away in January and TRS receives valid paperwork from the designated beneficiary in August, the designated beneficiary would have been eligible to elect the monthly annuity to commence on February 1, and the effective date of the election would be September 1. TRS would owe monthly payment amounts attributable to the period between February 1 to September 1, limited to a total of 6 payments. Because TRS pays benefits in arrears, this would be April 1, May 1, June 1, July 1, August 1, and September 1 payments. No payment would be made for March 1, as it exceeds the 6-month cap. Monthly payments would continue as of October 1.
715:10-9-6. Probate waivers [AMENDED]
(a) In the event a member dies, leaving no living beneficiary or having designated histhe member's estate as beneficiary, or upon the death of any individual who may be entitled to a benefit from TRS, the SystemTRS shall require the judicial appointment of an administrator or executor for the member'sdecedent's estate prior to payment of any benefits or unpaid contributions. However, this requirement may be waived by the SystemTRS for any benefits or unpaid contributions in the amount of $25,000.00 or less, upon receipt of the decedent's death certificate and presentation of:
(5) proof of payment of expenses of last sickness, death and burial, including all medical, hospital and funeral expenses.
(1) the member'sdecedent's valid Last Will and Testament;
(2) an Affidavit of Heirship naming all heirs to the member'sdecedent's estate which must state:
(A) that the value of the deceased member'sdecedent's entire estate is subject to probate, and that the entire estate wherever located, less liens and encumbrances, does not exceed the amount permitted by law, including the payment of benefits or unpaid contributions from the SystemTRS;
(B) a description of the personal property claimed (including the death benefit or unpaid contributions or both), together with a statement that such personal property is subject to probate; and
(C) a claim by each individual claiming heir identifying the amount of personal property that the heir is claiming from the SystemTRS, and that the heir has been notified of, is aware of, and consents to the identified claims of all the other claiming heirs of the deceased memberdecedent pending with the SystemTRS.; and
(D) that all debts of the decedent, including payment of last sickness, hospital, medical, death, funeral, and burial expenses have been paid or provided for.
(3) a Hold Harmless Agreement signed by all heirs; and
(4) a Corroborating Affidavit from someone other than an heir who is familiar with the deceased memberdecedent; and
(b) The Executive Director of TRS shall retain complete discretion in determining which requests for probate waiver may be granted or denied, for any reason. If there is any question as to the validity of any document herein required, the judicial appointment requirement shall not be waived.
(c) After paying any death benefits or unpaid contributions to any claiming heirs as provided by this section, TRS is discharged and released from any and all liability, obligation and costs to the same extent as if the SystemTRS had dealt with a personal representative of the deceased memberdecedent. The SystemTRS is not required to inquire into the truth of any matter specified in this section or into the payment of any estate tax liability.
715:10-9-7. Beneficiary designation following a divorce [AMENDED]
Following a divorce between an active or retired member and his or her spouse whom the member had designated as a beneficiary, the former spouse shall be treated as having predeceased the member for purposes of the death benefit payment and/or a return of contributions from the deceased member's Teachers' Retirement System account, unless the member has renamed the former spouse as a designated beneficiary. It is the member's responsibility to notify TRS of the divorce by providing TRS with a file-stamped copy of the final decree. (Note: The beneficiary designation is voided by this section and 15 O.S.§178, only if the member's designation of beneficiary was signed and dated after November 1, 1987).
SUBCHAPTER 13. CONTRIBUTIONS FOR MEMBERSHIP SERVICE
715:10-13-2. Contributions required on all regular annual compensation from all employers [AMENDED]
(a) Contributions shall be made on all regular annual compensation, as defined in OAC 715:10-13-1, received by a member from any participating employer, including federally-subsidized programs under the direct administration of a public school.
the Teachers' Retirement SystemTRS during the school year and who have been employed prior to becoming a member must make retroactive contributions from the date their qualifying employment began. The membership date of such a member is the date the first payment is received, not the beginning of the school year. The member shall not receive full service credit until the balance of contributions, including any contributions required by the employer, are received by TRS.
(b) For employees who are participating in TRS at one employer while maintaining employment in an ineligible position at the same or another employer: the employer that employs the member in the ineligible position must remit contributions on the regular annual compensation of that employee. This is generally known as contributing on secondary employment. This includes pay to a teacher who also drives a school bus, members of TRS who are working part-time for another school and members employed on a regular basis who are employed by the same or different school in a summer school or night school program. For clarification, contributing on secondary employment in an ineligible position will result in an increase to the associated salary denoted in TRS for the applicable fiscal year but will not result in the member earning any associated service credit.
(c) All public schools shall treat the employee contributions as being picked-up under the provisions of Section 414(h)(2) of the Internal Revenue Code.
(d) Individuals who join 715:10-13-3. Employee contribution rates [AMENDED]
(a) Beginning with the 1996-97 school year, the maximum compensation level for all members, other than those members employed by a comprehensive university on or before June 30, 1995, shall be the member's regular annual compensation. This includes any employee of a comprehensive university who transfers to another school or university after June 30, 1996, or who terminates paid employment status with a comprehensive university and returns to employment at a later date.
(b) Beginning with the 1996-97 school year, the maximum compensation level for those employees of a "comprehensive university", defined in statutes as the University of Oklahoma and all of its constituent agencies, including the University of Oklahoma Health Sciences Center, the University of Oklahoma Law Center and the Geological Survey, and Oklahoma State University and all of its constituent agencies, including the Oklahoma State Agricultural Experiment Station, the Oklahoma State University Agricultural Extension Division, the Oklahoma State University College of Veterinary Medicine, the Oklahoma State University Center for Health Sciences, the Technical Branch at Oklahoma City the Technical Branch at Okmulgee and Oklahoma State University-Tulsa, who were employed on or before June 30, 1995, shall contribute the following:
(1) for members who, prior to June 30, 1995, elected to contribute on a maximum compensation level not to exceed $25,000:
(A) $32,500 for service between July 1, 1996 and June 30, 1997,
(B) $37,500 for service between July 1, 1997 and June 30, 1998,
(C) $42,500 for service between July 1, 1998 and June 30, 2000,
(D) $47,500 for service between July 1, 2000, and June 30, 2001,
(E) $52,500 for service between July 1, 2001, and June 30, 2002,
(F) $57,500.00 for service between July 1, 2002, and June 30, 2003,
(G) $62,500.00 for service between July 1, 2003, and June 30, 2004,
(H) $67,500.00 for service between July 1, 2004, and June 30, 2005,
(I) $72,500.00 for service between July 1, 2005, and June 30, 2006,
(J) $77,500.00 for service between July 1, 2006, and June 30, 2007, and
(K) the full amount of regular annual compensation for service authorized and performed after June 30, 2007, and
(2) for members who, prior to June 30, 1995, elected to contribute on a maximum compensation level in excess of $25,000, or who did not make an election prior to June 30, 1995, because their annual salary was less than $25,000:
(A) $49,000 for service between July 1, 1996 and June 30, 1997,
(B) $54,000 for service between July 1, 1997 and June 30, 1998,
(C) $59,000 for service between July 1, 1998 and June 30, 2000,
(D) $64,000 for service between July 1, 2000, and June 30, 2001,
(E) $69,000 for service between July 1, 2001, and June 30, 2002,
(F) $74,000 for service between July 1, 2002, but not later than June 30, 2003,
(G) $79,000 for service between July 1, 2003, and June 30, 2004,
(H) $84,000 for service between July 1, 2004, and June 30, 2005,
(I) $89,000 for service between July 1, 2005, and June 30, 2006,
(J) $94,000 for service between July 1, 2006, and June 30, 2007, and
(K) the full amount of regular annual compensation for service authorized and performed after June 30, 2007.
(c) A person employed by any school district or technology center school district who holds a valid certificate issued by the State Department of Education or the State Board of Career and Technology Education and is employed on a full-time basis as a teacher, principal, supervisor, administrator, superintendent, counselor, librarian, or certified or registered nurse, or certified athletic trainer pursuant to 70 O.S. §1-116 shall have a specific amount credited against the employee's contribution amount to TRS. The State of Oklahoma shall pay an annual amount as set forth in 70 O.S. §17-108.2 for each fiscal (or plan) year.
(d) Each school district or technology center school district shall adjust each eligible employee's monthly contribution to TRS in accordance with statutory provisions and shall cause the annual amount paid by the State of Oklahoma as provided in the preceding paragraph to be deducted from the monthly remittance to each eligible employee's retirement account and a like amount added to the gross pay of the eligible employee.
(1) If the school district pays the retirement contribution in addition to the employee's total compensation, the employer must reduce the employee's annual retirement contribution which the school pays to TRS by the appropriate amount and add that amount to each eligible employee's gross pay.
(2) If the school district deducts the retirement contribution from each employee's total compensation, whether as a salary reduction to pay the retirement contribution as a fringe benefit or as a deduction on an after-tax basis, the employer must adjust the employee's annual retirement deduction in accordance with the amount to be paid by the State. The adjustment in the retirement deduction will result in an increase to the eligible employee's gross pay.
(3) The State contribution to each eligible employee's retirement account is determined by the total experience of each employee as verified by the State Department of Education or the Oklahoma Department of Career and Technology Education.
(4) The State contribution must be calculated and paid in equal monthly installments as determined by the eligible employee's contract, i.e., ten months, eleven months or twelve months. Eligible employees who work full-time for less than a full contract year shall have the prescribed State contribution prorated proportionately based on the employee's full-time employment during the relevant contract period.
715:10-13-8. Procedure for making contribution deductions [AMENDED]
The Teachers' Retirement SystemTRS contribution deduction shall start with the payment for the first month of a "classified" employee's contract, or the first month of membership for an optional "non-classified" member. This contribution shall be based on the total compensation for the month but shall not apply to the compensation of a substitute teacher or any employee working on a less than one-half time basis. Individuals who join the SystemTRS during the school year, and who have been employed prior to becoming a member, must make retroactive contributions from the beginning of that school yeardate their qualifying employment began. The membership date of such a member is the date of first payment not the beginning of the school year. The member shall not receive full service credit for a year of service until the balance of contributions, including any contributions required by the employer, are received by TRS. Interest compounded annually at ten percent (10%) per annum shall be levied against the balance due until paid.
(1) The total deductions in any one school year shall not exceed the maximum limit prescribed by statutes as defined in OAC 715:10-13-3.
(2) In determining the amount of the contribution for a member in any payroll period, the employer shall consider the total compensation earned from all sources. The contribution shall be calculated on the gross compensation before any deductions, such as tax-sheltered annuity, income taxes, Social Security, etc. Deductions shall be made at the statutory contribution rate on each month's compensation until the maximum annual compensation level is reached. Total monthly compensation shall be reported in the monthly salary column of the remittance report. Monthly compensation includes gross wages and fringe benefits paid or provided by the remitting agency.
(3) Monthly contributions for employees of a comprehensive university, whose maximum compensation level is less than the member's regular annual compensation, may be remitted in twelve equal payments to the member's account during the school year. It shall be the responsibility of the employer to ensure any required adjustment in contributions is made if a member terminates employment or the member's salary changes during the school year.
(4) Required contributions shall be remitted monthly.
(5) As of July 1, 1979, members who signed a waiver to contribute on a maximum annual salary of $7,800 are required by law to contribute on their total compensation not to exceed any current maximum contribution level.
(6) The Department of Corrections shall contribute the employer's share to the Teachers' Retirement SystemTRS. The contribution shall be the same dollar amount required of the member.
715:10-13-10. Annual report of employment [AMENDED]
Pursuant to 70 O.S. §17-108.1(E) for the purpose of establishing service credit and confirming the reporting of correct compensation and contributions, Atat the close of each fiscal year but prior to November 1, the payroll office of each employer shall file a report with Teachers' Retirement SystemTRS that certifies the number of hours worked that year by each less-than- fulltimethe total regular annual compensation, position information, days and hours worked, sick leave balance, and contributions paid for each participating employee. The report shall also include the names and total number of hours worked bycompensation for any employee receiving Teachers' Retirement System retirement benefitsperson who is a retired member of TRS. This report shall be known as the Employment Year End Report, and shall be provided in a manner required by TRS.
715:10-13-11. Percentage limits on compensation increases [AMENDED]
When any of a member's last three creditable years of service before retirement are used in determining the member's final average salary, the three years of service before retirement shall be known as the spiking review period. During the spiking review period, Thethe average of athe member's aggregate compensation for the last three creditableservice years in the spiking review period of service before retirement may not exceed by more than 20% the credited compensation of the immediately preceding creditable service year immediately preceding the spiking review periodfor service when worked in the same or similar positions by more than 20%. When appropriate, Teachers' Retirement SystemTRS may convert salary for part-time employment to its full-time equivalent in determining the permissible increases in annual compensation.
(1) Teachers' Retirement SystemTRS will adjust a member's annual compensation at the time of retirement to comply with the limits of this rule and will refund excess deposits to the member after the effective date of retirement.
(2) Increases in compensation due to a change in employment responsibilities or adjustments in salary schedules for the employees of school district shall be excluded by TRS in determining if an employee exceeds the 20% level. TRS retains the right to require individuals and the employing school to provide documentation to satisfy questions that may arise from increases in compensation in excess of 20% for any school year.
715:10-13-13. Contributions while receiving workers' compensation payments [AMENDED]
Any member who is an active contributing member and receives temporary total disability benefits during the period of absence from a public school due to a work-related injury or illness and qualifies for payment pursuant to the Workers' Compensation Act shall receive credit for said period of absence, if contributions were not remitted on the member's regular annual compensation while the member is receiving temporary total or partial disability benefits, subject to the following requirements:
(1) the member was employed by the public school immediately prior to and during the period of absence,
(2) the member must notify the SystemTRS in writing not later than four (4) months after the member's return to his or her job duties with the public school, or termination of the temporary total disability benefits, whichever is earlier, of the member's desire to receive service credit for the period of absence,
(3) the public school employer must certify to the SystemTRS in writing the dates during which temporary total disability benefit payments were paid to the member, and
(4) the member and the public school employer shall each pay the respective contributions required for the period of absence without interest within sixty (60) days of billing by the SystemTRS, or with interest at a rate consistent with the actuarial assumed earnings rate adopted by the Board of Trustees, compounded annually if paid after said sixty (60) days. Employee and employer contributions will be based on the member's regular annual compensation the member would have earned had the injury or illness not occurred.
(5) All balances due must be paid in full at least thirty (30) days prior to termination of employment orand, in all cases, ninety (90) days prior to the effective date of a member's officialeffective retirement date.
715:10-13-15. Waiver of employer late fees [AMENDED]
(a) TRS statutes provide that all employer and employee contributions must be remitted to TRS within 30 days after the end of the month in which the work was performed. If theyContributions which are remitted after the deadline they are untimely and will be assessed a late fee at a rate dependent upon the remission date. Untimely contributions due in the current fiscal year which are received in the current fiscal year or untimely contributions due the fiscal year immediately preceding November 1 which are received prior to November 1 will be assessed a 1 ½% late chargefee, compounding monthly. Untimely contributions due for any prior fiscal year which are received on or after November 1 will be assessed a late fee of 10% per annum, compounding annually consistent with OAC 715:10-13-5. The Board of Trustees may waive the late fee for good cause shown but may delegate this authority to staff. The Executive Director is authorized to waive these late fees. Good cause is generally shown in cases of an unforeseen circumstance such as a death or illness, acts of nature, or other unforeseen and unavoidable circumstance rendering the timely payment of contributions impossible.
(b) The SystemTRS will automatically waive late fees assessed for any contributions received late due to the late receipt of federal funds or workers' compensation payments.
(c) The SystemTRS will automatically waive any late fees assessed in the amount of $50 or less, provided the requesting employer has had one or less late remittances in the past 12 months.
(d) All other requests for waiver of late fees shall be presented to the SystemTRS for review and determination of good cause shown for waiver. All waiver requests must be made on district/employer letterhead and signed by the Superintendent, CEO, or CFO.
SUBCHAPTER 15. SERVICE RETIREMENT
715:10-15-1. Eligibility for service retirement [REVOKED]
715:10-15-2. Age, service requirements for regulareligibility, and other requirements for service retirement [AMENDED]
Service retirement requirements shall be administered as outlined in Title 70, Oklahoma Statutes, Section 17-105 [70 O.S. §17-105].
715:10-15-10. Retirement plans [AMENDED]
A member may elect to receive a monthly life annuity under one of the following plans:
(1) The Maximum Plan of Retirement (hereafter referred to as the maximum plan) provides the greatest monthly lifetime benefit that each individual member's years of creditable service and average salary permit. The maximum plan isprovides thea monthly benefit (also called a monthly annuity) calculated using the standard retirement formula set by statutes. In the event the total benefit payments made prior to the death of a retired member are less than the member's accumulated contributions (with any interest credited to the account prior to July 1, 1968), the difference shall be paid to the member's designated beneficiary or to the member's estate, whichever is applicable.
(2) Retirement Option 1 provides a slightly reduced lifetime benefit with the possibility of a lump sum death benefit that protects the member's accumulated contributions for a longer period of time than under the maximum plan. The Option 1 monthly benefit is the difference between the monthly annuity portion ofprovided under the maximum plan, actuarially reduced for the enhanced lump sum death benefit provided for under Option 1.and the annuity portion of an Option 1 retirement plan subtracted from the maximum plan. If the retired member dies before receiving in the annuity portion of the monthly payments an amount equal to the member's accumulated contributions deposits (with any interest credited to the account prior to July 1, 1968) are paid out to the member via the portion of the monthly benefit provided by the member's own contribution account balance, the remaining balance of accumulated contributions shall be paid in a lump sum to the member's designated beneficiary or to the member's estate, whichever is applicable. (The member's deposits are "protected" for the member's beneficiary for a longer period of time than under the maximum plan, hence, the monthly benefit is less than the maximum benefit.)
(3) Retirement Option 2 provides a reduced monthly benefit payable to the member for life. At the death of the retired member, the same monthly benefit payable to the member shall continue to the member's joint annuitant, if living. This option is known as a "100% joint survivor annuity." The reduction in the monthly benefit is based on actuarial tables developed for this purpose and approved by the Board of Trustees. The ages of the member and joint annuitant are an important factor in computing this benefit. The joint annuitant for the Option 2 retirement plan may be the member's spouse, another person, or the beneficiary of a Discretionary and Special Needs Trust as provided in 70 O.S. § 17-105(M)(3). If the designated joint annuitant is not the member's spouse, IRS Regulations require that the adjusted member/joint annuitant age difference cannot be more than ten (10) years. The adjusted member/joint annuitant age difference is determined by first calculating the excess of the age of the member over the age of the joint annuitant based on their ages on the date of retirement. If the member is younger than age 70, the age difference determined in the previous sentence is reduced by the number of years that the member is younger than age 70 based on the member's age on the date of retirement. If the adjusted member/joint annuitant age difference is greater than ten (10) years, the Option 2 retirement plan is not available. In the event the member's joint annuitant dies at any time after the member's retirement date but before the death of the member, the member shall return to the retirement benefit, including any post-retirement benefit increases the member would have received, had the member not selected the Option 2 retirement plan. The joint annuitant designation cannot be changed under any circumstance after the date of retirement except as provided in OAC 715:10-15-11. The reduction in the monthly payment is much greater than under all other retirement options because two people are protected for the life of both individuals.
(4) Retirement Option 3 provides a reduced monthly benefit payable to the member for life. At the death of the retired member, one-half (or 50%) of the monthly benefit payable to the member, shall continue to the member's joint annuitant, if living. This option is known as a "50% joint survivor annuity." The reduction in the monthly benefit is based on actuarial tables developed for this purpose and approved by the Board of Trustees. The age of the joint annuitant is an important factor in computing this benefit. The joint annuitant for the Option 3 retirement plan may be any person or the beneficiary of a Discretionary and Special Needs Trust as provided in 70 O.S. § 17-105(M)(3). In the event the member's joint annuitant dies at any time after the member's retirement date but before the death of the member, the member shall return to the retirement benefit, including any post-retirement benefit increases, the member would have received had the member not selected the Option 3 retirement plan. The joint annuitant cannot be changed under any circumstance after the date of retirement except as provided in OAC 715:10-15-11. The reduction in the monthly payment, while not as great as in the Option 2 plan, still requires a substantial reduction because two people are protected for the life of both individuals.
(5) Members who were eligible for an early or unreduced retirement benefit on or before December 31, 2025 may elect Retirement Option 4 which provides a reduced monthly benefit payable to the member for life. In the event the retired member dies within one hundred twenty (120) continuous months from the date of retirement, the balance of the payments is continued to the designated beneficiary until a total of one hundred twenty (120) months have been completed. The actual reduction is based on actuarial tables developed for this purpose and approved by the Board of Trustees. The beneficiary must be designated at the time of retirement. The Option 4 retirement plan is not available for a member whose retirement date is on or after the member reaches age 93. However, if the designated beneficiary is the member's spouse, the Option 4 retirement plan may be selected if the 120-month period does not extend beyond the joint life and last survivor expectancy of the member and the member's spouse. If theany beneficiary dies before the total number of "guaranteed"120 months of payments have been completed, the remaining payments due to the beneficiary shall be converted to a lump sumcomputed at the rate of interest used in determining the original guarantee Option 4 retiree's monthly benefit payable. The funds remaining and shall be paid to the administrators, executors or assigns of the last surviving payeedeceased beneficiary's estate. Option 4 retirement plan will bewas revoked by the Board of Trustees on December 31, 2025. Beginning January 1, 2026, it willis no longer be available as a retirement plan option for TRS members who were not eligible for an early or unreduced retirement benefit on or before December 31, 2025.
715:10-15-10.1. "Pop-up" of Option 2 or Option 3 retirement plans [AMENDED]
If the designated joint annuitant under the Option 2 or 3 retirement plan dies at any time after the member's retirement date, but before the death of the member, the member shall return to the retirement benefit, including any post-retirement benefit increases the member would have received had the member not selected the Option 2 or 3 retirement plan. In such an event, the member's monthly retirement benefit and any amount due at the death of the member shall be calculated as if the member had selected the Maximum Plan of Retirementretirement allowance. The increase in the member's monthly benefit becomes effective the first day of the month following the date of death of the designated joint annuitant and shall be payable for the member's remaining lifetime. The member shall notify TRS of the death of the designated joint annuitant in writingby providing a certified copy of the joint annuitant's death certificate. If the joint annuitant's death certificate has not yet been issued by the Medical Examiner, or for other good cause shown, the Executive Director of TRS may accept alternative documentation to establish proof of death for purposes of this section. In the absence of timely notice, TRS shall make retroactive benefit payments to the member, not to exceed six (6) months from the time the member first became eligible for increased benefits to the date notification is received. Notwithstanding any other provision, increased benefits will not be due for any period prior to July 1, 1994.
715:10-15-10.2. Partial lump-sum payments [AMENDED]
Any member of the Teachers' Retirement SystemTRS with 30 or more years of service credit may elect to receive a partial lump-sum payment in exchange for a reduced annuity. The application for a partial lump-sum payment will be added to the retiring member's final contract for retirement on a form prescribed by the Board of Trustees. A beneficiary of a deceased active member is not eligible to select a partial lump-sum payment.
(1) A member may elect to receive a partial lump-sum payment in an amount equal to the unreduced retirement benefit (Maximum Retirement Allowance) which would have been paid over a period of 12, 24 or 36 months, had the lump-sum option not been selected. Once the payout amount is selected, a reduced Maximum Retirement Allowance is then calculated using factors based upon the member's age at retirement and the payout option (12, 24, or 36 months) selected. This reduced Maximum Retirement Allowance then serves as the basis upon which other optional payment alternatives will be calculated pursuant to 70 O.S. §17-105 and OAC 715:10-15-10.
(2) The partial lump-sum payment shall be paid in a single checkissued separateseparately from the regular monthly retirement ninety (90) days after the date of the retiring member's first monthly benefit payment. The partial lump-sum payment cannot be returned to the Retirement SystemTRS once it has been received by the member.
(3) The partial lump-sum payment shall be subject to federal income tax in accordance with Internal Revenue Code or applicable Internal Revenue Service regulations. In accordance with IRS regulations, the member may elect to roll over the partial lump-sum payment into an eligible individual retirement account (IRA) or other eligible retirement plan, including the Oklahoma Teachers' Retirement System's 403b Tax Sheltered Annuity Plan if you already have an established account prior to expected retirement date.
(4) The total amount of the partial lump-sum payment shall be deducted from the member's account balance consisting of the employee contributions plus interest posted to the member's account prior to July 1, 1968, for the purpose of determining unused contributions remaining in the account.
(5) The partial lump-sum payment will be based on the service credit and average compensation, including projected compensation, at the time of retirement, but may be issued before final compensation and contributions are received and posted to the member's account. TRS reserves the right to correct any overpayment or underpayment discovered after final compensation and contribution postings have been received. Should the member have been overpaid, TRS will collect such overpayment from the member, based on an adjustment to the member's monthly benefit. Should the member have been underpaid, TRS will adjust future monthly benefit payments to compensate the member for the amount of the underpayment.
(6) A retiree, having received a partial lump-sum payment, who is reemployed and returns to membership contributing status pursuant to OAC 715:10-17-13, shall have his or her subsequent retirement benefit calculated taking into consideration that a partial lump-sum payment has been received.
(7) Should the retiring member die after the effective date of retirement, but before the partial lump-sum payment is made, the payment will be made to the beneficiary(ies) designated by the retiring member on the final contract for retirement, unless the member filed a separate beneficiary form specifically designating a third party as the beneficiary of the partial lump-sum payment.
(8) If the retiring member is married at the time of retirement, the member's spouse must sign the member's partial lump-sum application form acknowledging the retiring member's intent to receive a partial lump sum payment.
715:10-15-11.1. Designation of Trustee of Oklahoma Discretionary and Special Needs Trust as joint annuitant or beneficiary [AMENDED]
(a) 70 O.S. § 17-105(gM)(3) provides that any person who is eligible to be named as a beneficiary or joint annuitant, and who is also a beneficiary of a trust created under the Oklahoma Discretionary and Special Needs Trust Act, or comparable Trust Act under another state, may be a beneficiary or joint annuitant of a retired member by having the trustee of the trust established for the benefit of that individual named as the legal beneficiary or joint annuitant. Benefit payments shall be paid to the Trustee for the benefit of the beneficiary.
(b) If a beneficiary or joint annuitant, at the time of or subsequent to being named a beneficiary or joint annuitant of a TRS member, is or becomes the beneficiary of a Special Needs Trust, TRS will acknowledge the trust as the beneficiary or joint annuitant and make payments to the Trustee once the following has been submitted to and approved by TRS:
(1) Trust creation documents which include the following:
(A) Provision that the trust is non-revocable;
(B) Provision for only one beneficiary of the trust which cannot be changed and provision no other beneficiaries may be added; and,
(C) Provision that the beneficiary must hold all interests in the trust except for the remainder interest to be paid in the event of the beneficiary's death;
(2) Signed and notarized acknowledgment from Trustee that he or she will notify TRS within 15 (fifteen) days of the death of the beneficiary, or in the event a new Trustee is appointed, or any other change to the Trust documents that would affect the eligibility of the beneficiary or Trustee from being eligible to be named a beneficiary under subsection (b) such as addition of a beneficiary, etc.; and, the tax identification number of the Trust, as well as the Social Security number of the Trust beneficiary.
SUBCHAPTER 17. POST-RETIREMENT EMPLOYEE
715:10-17-5. Permissible employment [AMENDED]
Post-retirement employment in the public schools, institutions, and agencies covered by TRS is allowed after the break in employment outlined in OAC 715:10-17-2 has been met. Employment subject to this section shall include any services performed by a retired member, as defined in this subchapter, except for payments received as an employee of the State Department of Education pursuant to 70 O.S. § 17-103(7F) or as an independent contractor or consultant, pursuant to a lawful contract that complies with the requirements of 70 O.S. § 6-101.2(B) and which is approved by TRS within sixty (60) days of the contract's effective date. TRS will follow guidelines in 70 O.S. §6-101.2(B) and federal guidelines from the Department of Labor and the Internal Revenue Service in determining when a retired person qualifies as an independent contractor or consultant.
715:10-17-13. Election to return to qualifying employment [AMENDED]
Any retired member who returns to employment in the public schools of Oklahoma and is employed half-time or more as defined in OAC 715:10-3-2 and OAC 715:10-3-3 may return to post-retirement employment or active contributing status under the following conditions:
(1) Active Contributing Status. The retired member must file an irrevocable election to discontinue retirement benefits for the period of such employment. The return to membership contributing status must coincide with the beginning of a school year or the member must refund all benefit payments received from the beginning of the school year in which employment begins and make employee contributions on any compensation earned from the beginning of the school year to the date of the election to return to contributing status.
(2) The election must be completed by the employing school and signed by the retired member and an official who has authority to employ or pay regular employees of the school.
(3) The election must include the nature of the position held and the beginning date of employment. Retirement payments shall not be resumed during the summer months between consecutive years of this type of employment.
(4) The retired member and the employing public school shall remit employee and employer contributions in the same manner as active contributing employees.
(5) The retired member shall accumulate service credit in the same manner as active contributing employees of the system.
(6) Upon termination of employment, the retired member's monthly retirement benefits will resume with an adjustment to reflect credit for the additional employment as follows:
(A) The initial benefit calculated at the time of retirement will not be affected by the additional employment.
(B) Service credits will be accumulated and credited to the member's record in accordance with Subchapter 3 of this Chapter.
(C) A supplemental benefit for the year(s) of additional service will be calculated using the standard retirement benefit formula and the retirement plan and other options selected by the retiree when the member first retired (See OAC 715:10-15-7 and 715:10-15-7.1).
(D) The average salary used in calculating the supplement benefit will be the average of the salaries earned during this period of employment. In the event the member is employed for less than the number of years required to determine the appropriate average salary, the average will be determined by the number of years employed. Annual salaries will be based on contributions made and determined on a school year basis.
(7) If the retired member is employed for a period of time which does not qualify for additional service credit, the employee contributions remitted by the retired member or by the employer on the retired member's behalf will be refunded to the retired member without interest. Employer contributions as provided by OAC 715:10-13-3 will not be refunded.
(8) The employer shall provide written notice to TRS when the retired member's employment is terminated. The retired member cannot resume benefit payments under this rule and remain employed. The retired member must comply with the sixty (60)-day non-employment rule that applies to a member who elects normal retirement. Retirement payments will be resumed effective the first of the following month, provided the necessary retirement paperwork is received within the prescribed timelines, otherwise benefits will be resumed the first of the next succeeding month. Any supplemental benefit determined pursuant to this section shall commence at the same time.
(9) If the retired member dies while engaging in half-time or more employment as provided in this section, the retired member's beneficiaries will receive any survivor benefits specified in the terms of the retirement contract elected by the member, the $18,000 death benefit provided by OAC 715:10-9-2, if applicable, and a return of employee contributions, plus interest accumulated during the current employment, as defined in OAC 715:10-9-1. The beneficiaries of the deceased retired member will not be entitled to both the $18,000 death benefit and the $5,000 death benefit described in 70 O.S. §17-105(11P) and (12Q).
(10) If a retired member does not file an election to discontinue monthly benefits while employed by the public schools of Oklahoma, he or she waives the accrual of service credit and the right to any supplemental benefit from service in the position. The retired member will, however, be subject to the earnings limits outlined in 70 O.S. §17-116.10.
(11) Retired members returning to half-time or more employment under this subchapter and section shall not be considered "active members" for purposes of purchasing or transferring any form of prior service credit of whatever nature.
(12) A retiree having received a partial lump-sum payment, who is re-employed and returns to membership contributing status pursuant to OAC 715:10-17-13, shall have his or her subsequent retirement benefit calculated taking into consideration that a partial lump-sum payment has been received.
715:10-17-15. Salary limitations for certain returning classroom teachers [REVOKED]
SUBCHAPTER 23. STATE AND EDUCATION EMPLOYEES GROUP HEALTH AND DENTAL INSURANCE PROGRAMOKLAHOMA EMPLOYEES INSURANCE AND BENEFITS ACT [AMENDED]
715:10-23-1. State and Education Employees Group Health and Dental Insurance ProgramOklahoma Employees Insurance and Benefits Act [AMENDED]
Members of Teachers' RetirementTRS who retire or terminate employment with at least ten (10) years of creditable service are eligible to enroll inmay continue in force the insurance benefits authorized by the State and Education Employees Group Health and Dental Insurance ProgramOklahoma Employees Insurance and Benefits Act [74 O.S. §1301 et seq.]. The retiring member must conform to rules and regulations promulgated by the State and Education Employees Group InsuranceOklahoma Employees Insurance and Benefits Board, which is the final authority on questions of eligibility for membership and coverage provided by the insurance planunder the Act. Questions regarding eligibility for insurance coverage and monthly premiums should be referred to the local school district's health insurance coordinator or the State and Educations Employees Group InsuranceOklahoma Employees Insurance and Benefits Board.
715:10-23-2. Monthly health insurance premium supplementsubsidy paid by the Teachers' Retirement System [AMENDED]
(a) Teachers' RetirementTRS will pay a monthly health insurance premium subsidy in an amount between $100 and $105 as determined pursuant to 74 O.S. §1316.3(E) or the premium rate of the monthly health insurance benefit plan, whichever is less, on behalf of premium supplement for each retired member who had at least ten (10) years of creditable service prior to retirement and who isremains continuously enrolled in thea health insurance plan provided byauthorized by the State and Education Employees Group Health and Dental Insurance planOklahoma Employees Insurance and Benefits Act. or in
(b) These health insurance plans include an employer-sponsored insurance programplan provided to retired TRS members by a participating education employer who provides health insurance coverage to former employeesdoes not participate in the plans offered pursuant to the Oklahoma Employees Insurance and Benefits Act, provided the retired member had at least ten (10) years of Oklahoma service prior to retirement.
(1) The term "participating education employer" for purposes of this subchapter shall have the same meaning as the term "public school" as defined by 70 O.S., Section §17-101. The payment shall be in accordance with 74 O.S., Section 1316.3, as amended, which provides that the supplement paid by Teachers' Retirement shall be the premium rate of the Medicare supplement charged to the retired employees not to exceed an amount between $100 and $105, depending on length of service and the final average salary of the retired member as specified in subsection 4 of Section 1316.3 of Title 74 of the Oklahoma Statutes.
(2) For eligible group health insurance plans provided by a participating education employer who does not participate in the plans offered pursuant to the Oklahoma Employees Insurance and Benefits Act, TRS will contribute the amount required by law after the group insurance plan has provided all necessary information to TRS. The group health insurance plan must be in compliance with Oklahoma law.
(A) The participating education employer must notify TRS that a retired member will remain enrolled in the employer-sponsored insurance plan.
(B) Each month TRS will provide the participating education employer with a list of all retired members qualifying for the health insurance premium subsidy and a financial officer authorized by the participating education employer shall certify the list is correct.
(C) TRS will remit payment to the participating education employer upon receipt of the certified statement.
(D) The participating education employer will be responsible for collecting additional premiums and remitting the total premium for each retired member to the health insurance provider.
(E) The participating education employer shall file with TRS at least once each year the monthly premium charged for the insurance plan provided to retired members of the employer-sponsored insurance plan. In the event the premium is modified during the school year, the employer shall notify TRS at least thirty (30) days prior to the effective date of the change.
(c) Except as provided for in OAC 715:10-23-4, TRS shall contribute the subsidy amount required by 74 O.S. §1316.3(E) towards the cost of health insurance coverage authorized by the Oklahoma Employees Insurance and Benefits Act only for retired members who receive a monthly retirement benefit for that month. This contribution shall not be made for beneficiaries, survivors, or directly to the retired member.
(d) The monthly health insurance premium subsidy shall be paid in arrears for each eligible retired member.
715:10-23-3. Participating education employers not enrolled in the State and Education Employees Group Insurance Plan [REVOKED]
715:10-23-4. Retired members who return to employment [AMENDED]
A retired TRS member who returns to employment in the public schools of Oklahoma and becomes eligible for health insurance coverage as a regular employee of a participating education employer under a health insurance plan authorized by the Oklahoma Employees Insurance and Benefits Act will cease to be eligible for the health insurance supplementpremium subsidy paid by Teachers' RetirementTRS for the period of time the member is enrolled or eligible to be enrolled in the such health insurance plan participating education employer's group insurance plan. This applies even if the retired TRS member has not returned to active contributing status as provided for in OAC 715: 10-17-13. Upon termination of eligibility for health insurance coverage as a regular employee, and provided the TRS member maintains continous coverage as a retiree pursuant to the Oklahoma Employee Insurance and Benefits Act as determined by the Oklahoma Employees Insurance and Benefits Board, TRS will resume the health insurance premium supplementsubsidy will be resumed.
715:10-23-5. Retired members ineligible for health insurance supplement who are ineligible for health insurance premium subsidy [AMENDED]
(a) Retired members who are not enrolled in either the plans offered pursuant to the State and Education Employees Group Health Insurance planOklahoma Employees Insurance and Benefits Act, orwhich includes an employer-sponsored insurance plan provided by a participating education employer, are not eligible for the insurance supplementsubsidy provided for in 74 O.S., Section §1316.3 as amended.
(b) Except as provided in 74 O.S. §1316.3(A), eligible former employees who declined to continue in force or begin insurance coverage at the time of termination of service, or who subsequently dropped the insurance coverage, are not eligible for the monthly health insurance premium subsidy even if the insurance coverage is reinstated at a later date.
(c) Retired members who for any reason are not receiving monthly retirement benefits from the Teachers' Retirement SystemTRS are not eligible for the monthly health insurance premium supplementsubsidy provided for in 74 O.S. §1316.3.
715:10-23-6. Health Insurance Tax treatment of the Health Insurance Premium Contribution [AMENDED]
(ca) As provided under 70 O.S. Section §17-108(13C)(12), and pursuant to the federal Internal Revenue Code Section 401(h) and Treasury Regulation §1.401-14, the Retirement Medical Benefit Fund shall be maintained as a sub-account of the Retirement Benefit Fund. From the Retirement Medical Benefit Fund, the SystemTRS shall remit the subsidy amount specified in 74 O.S. Section §1316.3 fortoward health insurance premiums.
(db) All contributions to the Retirement Medical Benefit Fund shall be reasonable and ascertainable.
(ec) Contributions to the Retirement Medical Benefit Fund must be subordinate to the contributions to the Retirement Benefit Fund for retirement benefits. At no time shall the aggregate actual contributions to the Retirement Medical Benefit Fund (when added to actual contributions for life insurance protection under the plan, if any) be in excess of twenty-five percent (25%) of the total aggregate actual contributions made to the Retirement Benefit Fund (not including contributions to fund past service credits). The Board shall annually determine whether the twenty-five percent (25%) test has been met. If at any time the Retirement Medical Benefit Fund contributions (plus any life insurance contributions) would exceed the twenty-five percent (25%) test, the excess amount of contributions shall be transferred to the Retirement Benefit Fund for retirement benefits.
(fd) Forfeitures in the Retirement Medical Benefit Fund shall not be allocated to individual accounts under the fund, but shall be used for account expenses.
(ge) At no time prior to the satisfaction of all liabilities under the Retirement Medical Benefit Fund or termination of the fund shall any assets in the fund be used for, or diverted to, any purpose other than the providing of payment of the System'sTRS's portion of the monthly retiree health insurance premium benefit described by Title 74 O.S. Section §1316.3 and the payment of administrative expenses. Assets in the Retirement Medical Benefit Fund may not be used for retirement or disability benefits or any other purposes for which other assets held in the Retirement Benefit Fund are used.
(hf) The provisions of section 401(h)(5) of the Internal Revenue Code of 1986, as amended from time to time, shall apply upon the satisfaction of all liabilities under law of the Retirement Medical Benefit Fundunder law and the Retirement Benefit Fund.
[OAR Docket #26-450; filed 6-2-26]
TITLE 730. Department of Transportation
CHAPTER 25. HIGHWAY CONTRACTORS
[OAR Docket #26-447]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Contractor Prequalification and Proposals [AMENDED]
730:25-3-1. Prequalification [AMENDED]
AUTHORITY:
69 O.S. §§ 30, 301, 304 ; 75 O.S. §§ 302, 309 et seq. ; Oklahoma Transportation Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
August 25, 2025
COMMENT PERIOD:
September 15, 2025 through October 15, 2025
PUBLIC HEARING:
N/A
ADOPTION:
December 8, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 13, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The Open Records Act reference contained in Title 51 of the Oklahoma Statutes was amended. The proposed rule change updates the statutory reference in 730:25-3-1(a) to comply with current statute.
CONTACT PERSON:
Sydney Collins, sbcollins@odot.org, 405-521-2635
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 13, 2026:
SUBCHAPTER 3. CONTRACTOR PREQUALIFICATION AND PROPOSALS [AMENDED]
730:25-3-1. Prequalification [AMENDED]
(a) The purpose of contractor qualification is to make an initial determination if a contractor has adequate financial resources, integrity, experience, and proven performance to maintain progress on Oklahoma Department of Transportation projects and to make timely payments to sub-contractors and material suppliers. Prequalification is the method of qualification which has been adopted by the Oklahoma Transportation Commission and the Department pursuant to the Public Competitive Bidding Act at Title 61 OS § 118. Prequalification provides a method by which the Department may review a contractor's financial resources and technical expertise before a contractor is allowed to bid on projects which have not been exempted from the prequalification requirement. Prequalification is not a license, but is rather a procedure used by the Department to evaluate prospective bidders' ability to perform. Prospective bidders must ensure that their prequalification application is accurate and complete in all aspects, and fully discloses all information requested in the application form. Prospective bidders will be allowed to submit one application in a twelve month period. The Department may request additional information for clarification of a prospective bidder's application. The owners and officers who comprise a company will be the determinative factor as to the existence of prior prequalification applications not an alteration or change of an organization name. The prequalification application and all financial information submitted to the Department by a contractor for the purpose of prequalification shall be held in confidence by the Department and shall not be an open record pursuant to the Oklahoma Open Records Act at Title 51 OS §24A.3(1)(d)5(1)(h).
(b) Except as provided in this subchapter, only prequalified contractors will be permitted to bid on construction and maintenance contracts to be awarded by the Commission on the recommendation of the Department. When projects do not encompass highway construction maintenance, the Department may waive prequalification when it is in the best interest of the State and to increase competition on individual projects of a special nature including, but not limited to:
(1) Right-of-Way Clearance
(2) Landscaping
(3) Wetland creation
(4) Repair or maintenance of railroad facilities
(5) Environmental cleanup or mitigation
(6) Transportation enhancement projects
(c) A prospective bidder may obtain a "sample" copy of the bidding documents for use in preparing bid computations after official advertisement of a project, but must submit an application for prequalification not less than twenty-one days prior to the announced bid opening date to the Office Engineer Division and obtain a Certificate of Qualification in order to submit a bid proposal to the Department. The submitted application for prequalification will be considered by a prequalification committee composed of the Office Engineer, along with representatives from the Comptroller Division, the Construction Division, Director of Operations, and the General Counsel's Office. Contractors prequalified by the committee may be approved for the classes of work specified by the applicant on the prequalification application, dependent on personnel, equipment, capital and experience in highway construction.
(d) A prospective bidder must submit as part of their Prequalification Application, an Audited Financial Statement in which a Certified Public Accountant has expressed an opinion. The prospective bidder's fiscal year end Audited Financial Statement shall not be dated more than 180 days prior to the date of receipt by the Department of the Prequalification Application. Based upon these statements and other materials submitted or subsequently requested by the Department, the Department may, at its discretion, grant the prospective bidder a conditional prequalification. The Department shall impose such additional requirements on a conditionally prequalified contractor as the Department deems necessary and in the best interests of the public. If a prospective bidder cannot provide a current Audited Financial Statement with their Prequalification Application, then the prospective bidder may provide their most recent Audited Financial Statement. If a conditional prequalification is granted, it is valid only for the remainder of the prospective bidder's fiscal year in which the conditional prequalification is granted, plus an additional period not to exceed 180 days.
(e) No prospective bidder will be qualified unless the prospective bidder's Prequalification Application and the Department's review of that Application determines that the prospective bidder possesses working capital, equipment, experience and personnel sufficient in the judgment of the Department, to indicate that the prospective bidder can satisfactorily perform its contract and meet all obligations incurred therein. The Audited Financial Statement must show all liabilities (current, deferred and contingent). The prospective bidder will not be qualified for more than two and one-half times its current working capital as computed by the Department, based on an evaluation of the contractor's Audited Financial Statement. When a conditionally prequalified contractor receives a notice of project completion on a project, that notice may be submitted to the Department for removal of that project from its bidding limit.
(f) If the prospective bidder submits cash value of life insurance as an asset, the applicant will support the submission with a letter from the insurance company, showing that the prospective bidder absolutely controls the cash value and that there are no legal encumbrances, preexisting loans or any other impediment which would prevent or interfere with the access of the prospective bidder to that cash value.
(g) When a partnership is being considered, an Audited Financial Statement of the partnership, which will include all the assets and liabilities of each member, will be required.
(h) Prospective bidders will furnish an itemized list of all Secondary Cash Resource items such as marketable securities, stocks and bonds.
(i) Prospective bidders will sign, under oath, all forms submitted to the Department.
(j) The Department will make such investigation of the information submitted as it deems necessary.
(k) The Department will qualify, or refuse to qualify, any prospective bidder for paving, grade and drain, bridge or other Department construction work in accordance with such prospective bidder's experience and financial condition.
(l) Prospective bidders who are conditionally prequalified will not be permitted to bid on individual projects that, in aggregate, exceed maximum bidding limits. Proposals may be "taken out" without limitation as to aggregate total. Should a conditionally prequalified contractor be low bidder on contracts totaling, in aggregate, more than the amount for which the contractor is conditionally prequalified, the Commission reserves the right to:
(1) Reject any or all of the contractor's bids and re-advertise for new bids as required in the best interests of the state; or,
(2) Award contract(s) on which the conditionally prequalified contractor would otherwise be the low bidder to the second lowest bidder; or
(3) Waive the maximum bidding limit and award all or any of such contracts to the conditionally prequalified contractor if the Department, in the exercise of sound discretion, shall determine that the contractor has the apparent ability to successfully perform the contract(s) and it is in the best interest of the Department for the award to be made.
(m) Any prospective bidder not satisfied with a rejection of its application for prequalification may appeal to the Department's Executive Director or the Executive Director's designated representative by giving notice of the applicant's objection by certified mail addressed to the Executive Director. The applicant's objection must be mailed within fourteen (14) calendar days after the date such prospective bidder received written notice of the Department's action. The Executive Director, or his designee, shall review the prequalification file and make an independent determination concerning the applicant's prequalification.
(n) Upon being conditionally prequalified a minimum of one (1) year from the date of the initial prequalification, and satisfactory final completion of either:
(1) A minimum of three (3) projects and not less than Five Million Dollars ($5,000,000) of Department projects requiring prequalification as a prime contractor, or
(2) A single project in excess of Ten Million Dollars ($10,000,000.00) as a prime contractor, the prequalification committee will consider upgrading the contractor's status from conditionally prequalified to fully prequalified. If found fully qualified, the Contractor's Certificate of Qualification will be reissued to allow the contractor to bid on and be awarded projects to the extent of their bonding capacity as a fully prequalified contractor. A conditionally prequalified contractor that completes a project as a joint venture with a fully prequalified contractor shall receive credit for its proportional share of the project and contract amount, limited to its bidding capacity.
(o) A conditionally prequalified contractor's certificate shall expire after a two year term at the completion of the contractor's fiscal years following issue of the contractor's Certificate of Qualification. After the expiration date of the contractor's Certificate of Qualification, the contractor shall have a period of 180 days to submit audited financial statements, or a financial review of the contractor's business operations. During this 180-day period the contractor shall remain prequalified under its current Certificate of Qualification. If a conditionally prequalified contractor does not submit audited financial statements or a financial review of its operations within the 180-day period following the expiration date of the contractor's Certificate of Qualification, the Department shall limit the potential bidder's bidding capacity to an amount not to exceed the company's working capital as determined by the contractor's most recent audited financial statement or financial review until such time that the contractor can provide the Department with a current audited financial statement or financial review.
(p) When a previously fully prequalified contractor re-applies for prequalification within two years of the expiration of their prequalification, upon approval the Department may, at its sole discretion, reinstate the contractor to fully prequalified status, provided that:
(1) the contractor was in good standing with the Department at the time that the contractor's prequalification expired,
(2) the contractor submits current audited financial statements that indicate financial resources equal to or greater than its last financial statements submitted to the Department, and
(3) it is demonstrated that such reinstatement of the contractor to fully prequalified status is in the best interests of the Department.
(q) The Department will consider a contractor to be in good standing if:
(1) The contractor was demonstrating satisfactory performance on contracts which the contractor was awarded by the Department;
(2) The contractor had settled all debts and obligations owed to the Department;
(3) The contractor had made all necessary payments to subcontractors in accordance with its subcontract agreements;
(4) The contractor had made all necessary payments to suppliers for materials to be used on Department contracts;
(5) The contractor had settled all claims against the contractor;
(6) The contractor was not in the process of being suspended or debarred by the Department, or any other government entity, and the action and/or decision was later upheld;
(7) The contractor was not party to any criminal suit against the contractor in which the contractor was later convicted.
(r) The Department may request a fully prequalified contractor's audited financial statement or financial review at any time for the purpose of evaluating the contractor’s working capital. If the contractor fails or refuses to provide the requested document(s) to the Department within 30 days of its request, the Department may reimpose a bidding limit upon the contractor of an amount not to exceed two and one-half times its working capital as computed by the Department, based on an evaluation of the contractor's most recent audited financial statement on file with the Department. The Department shall impose such additional requirements on a fully prequalified contractor as the Department deems necessary and for the best interest of the public.
(s) The contractor's audited financial statement or financial review of its operations must demonstrate that the contractor has a positive amount of working capital that is sufficient to satisfactorily perform its contract in the judgment of the Department. The Department will renew the contractor's Certificate of Qualification if the contractor's working capital is sufficient in the judgment of the Department. If the Department's review determines that the contractor has insufficient or negative working capital, the contractor's bidding capacity will be limited to the company's working capital as determined by the contractor's most recent audited financial statement or financial review until such time that the contractor can demonstrate to the Department that either:
(1)The contractor has sufficient working capital, or
(2)The contractor, in the judgment of the Department, has a viable financial recovery strategy to develop positive working capital which can be determined from the contractor's next year-end audited financial statement. The contractor's anticipation of obtaining future construction contracts with the Department will not be considered as part of the contractor's financial recovery strategy.
(t) If the Department determines the contractor's working capital is sufficient or the contractor's recovery strategy is approved, the contractor will have one and one-half years from the contractor's expiration date to demonstrate the company's positive working capital. If the contractor cannot demonstrate the company's positive working capital within the one and one-half year period, the contractor's prequalification status will cease and the contractor will not be eligible to submit bid proposals to the Department at that date.
[OAR Docket #26-447; filed 6-8-26]
TITLE 730. Department of Transportation
CHAPTER 50. SIZE AND WEIGHT PERMITS
[OAR Docket #26-455]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions [AMENDED]
730:50-1-1. Purpose [AMENDED]
730:50-1-2. Applicability; adoption by reference [AMENDED]
730:50-1-3. Permit parameters [AMENDED]
Subchapter 3. Size and Weight Permit Definitions, Application Process and Liabilities [AMENDED]
730:50-3-1. When a permit is required [AMENDED]
730:50-3-2. A permit is a legal document, permit types [AMENDED]
730:50-3-3. Requesting, obtaining, and paying for a permit [AMENDED]
730:50-3-4. Establishing a monthly billing account [AMENDED]
Subchapter 5. Size and Weight Permit Load [AMENDED]
730:50-5-1. Conditions and restrictions [AMENDED]
730:50-5-2. Method of placing permit in suspension where conditions exist beyond the control of the permitteepermit holder [AMENDED]
730:50-5-3. General conditions and restrictions on permits [AMENDED]
730:50-5-4. Overweight permits; specific conditions and restrictions [AMENDED]
730:50-5-6. Oversize permits; specific conditions and restrictions [AMENDED]
730:50-5-7. Unitized equipment [AMENDED]
730:50-5-8. Special mobilized machinery, rubber-tired truck cranes and rubber-tired construction vehicles [AMENDED]
730:50-5-9. Special combination vehicles - permits [AMENDED]
730:50-5-12. Movements of oversize and/or overweight vehicles during a life-threatening emergency [AMENDED]
730:50-5-13. Annual Envelope Vehicle Permit [AMENDED]
730:50-5-16. Requirements for escort vehicles and escort vehicle operators [AMENDED]
730:50-5-17. Certification of operators of escort vehicles for hire [AMENDED]
730:50-5-18. Oversize vehicles and loads [AMENDED]
730:50-5-19. Manufactured homes and industrialized housing [AMENDED]
730:50-5-20. Portable buildings [AMENDED]
730:50-5-21. Industrialized housing, houses, and buildings [AMENDED]
730:50-5-23. Unitized equipment [REVOKED]
730:50-5-24. Special mobilized machinery [REVOKED]
Subchapter 7. Special Combination Vehicles [AMENDED]
730:50-7-1. General provisions [AMENDED]
730:50-7-2. Issuance of permits [AMENDED]
730:50-7-3. Denial, modification, suspension, and revocation of permits [AMENDED]
730:50-7-4. Equipment requirements [AMENDED]
730:50-7-5. Operation of special combination vehicles [AMENDED]
730:50-7-7. Weight [AMENDED]
Appendix A. Dual Lane Axles [AMENDED]
AUTHORITY:
69 O.S. §§ 301, 303, 304, 75 O.S. §§ 302, 309 et seq., 47 O.S. § 14-101 et seq.; Oklahoma Transportation Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
August 25, 2025
COMMENT PERIOD:
September 15, 2025 through October 15, 2025
PUBLIC HEARING:
N/A
ADOPTION:
December 8, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 17, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1095
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 13, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed rules or changes will correct citations, update addresses for field offices, correct website information, and update phone numbers for consistency and accuracy throughout the chapter. The duplicate references to “unitized equipment” and “special mobilized machinery” were removed. Additionally, references to Turnpikes that are now designated as Interstates were updated. The proposed changes reduce the dual-lane configuration minimum from 16’ to 14’ and increase the length from 80’ to 90’ for escort requirements to be consistent with neighboring states thereby allowing for more travel through Oklahoma. The surrender of a Permit was updated from “any commissioned law enforcement officer” to “law enforcement officer of the Department of Public Safety” for accuracy.
CONTACT PERSON:
Sydney Collins, sbcollins@odot.org, 405-521-2635
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 13, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS [AMENDED]
730:50-1-1. Purpose [AMENDED]
(a) The Department of Transportation issues permits for oversize, overweight vehicles. The purpose of this chapter is to set forth the guidelines and procedures for obtaining size and weight permits. Through the process of granting oversize and overweight vehicle permits, it is the intent of the Oklahoma Transportation Department to ensure, to the greatest extent possible, that the traveling public is protected from potential traffic hazards and the public interest and investment in state owned state-owned transportation facilities are protected through meaningful control of vehicle sizes and weights exceeding statutory limitations while providing adequate eligibility to permit, where in the public interest, the non-routine movements of oversize and/or overweight vehicles.
(b) For purposes of this chapter, the term "oversize, overweight" shall mean oversize or overweight or both oversize and overweight.
730:50-1-2. Applicability; adoption by reference [AMENDED]
(a) Permits authorizing the movement of oversize, overweight vehicles upon all public-roads public roads and highways within the State of Oklahoma are issued in harmony with the Size, Weight and Load laws contained in Title 47, Oklahoma Statutes, Chapter 14, 47 O.S. Ch. 14 and the rules in this Chapter.
(b) This Chapter shall apply to all public roads and highways of this state which are subject to the permit provisions of the Oklahoma Statutes, and which direct the Executive Director of the Department of Transportation in the issuance of such permits. The provisions of this Chapter pertain to all routes of the State Highway System including, without limitation, the Dwight D. Eisenhower National System of Interstate and Defense Highways and all toll facilities (turnpikes) carrying an Interstate Highway, US Highway or State Highway designation, and such other roads, streets, or public ways as the Executive Director of the Department of Transportation shall deem appropriate.
730:50-1-3. Permit parameters [AMENDED]
A permit, when issued by the Executive Director of the Department of Transportation in accordance with the laws of the State of Oklahoma and provisions of this Chapter, shall, subject to the conditions and restrictions of the law and these rules, constitute the limited written permission of the State of Oklahoma for the movement of a specific vehicle and/or load, or both within the State which exceeds any size or weight limitations of Title 47 O.S. 2021, Chapter Ch. 14 and any lawful amendments thereto, or, with regard to the Dwight D. Eisenhower National System of Interstate and Defense Highways, exceeds any of the provisions of Title 23 U.S.C., Section § 127 or associated federal regulations.
SUBCHAPTER 3. SIZE AND WEIGHT PERMIT DEFINITIONS, APPLICATION PROCESS AND LIABILITIES [AMENDED]
730:50-3-1. When a permit is required [AMENDED]
A permit is required when a vehicle or load which exceeds legal size or weight limits, or both, is to be moved upon the roads and highways of this state. [47 O.S. §14-101 et seq. et seq.]
730:50-3-2. A permit is a legal document, permit types [AMENDED]
(a) Permit defined. A permit is a legal document authorizing the permittee to move a vehicle or load, which is oversize, overweight, or both, upon the public roads and highways of this state when the route constitutes the safest practical routing. A permit, subject to the conditions and restrictions of the law and these rules, constitutes the limited written permission of the State of Oklahoma for the movement of a specific vehicle, and/or load, or both which exceeds any size or weight limitations of Title 47 O.S. 2021, Chapter Ch. 14 and any lawful amendments thereto, or, with regard to the Dwight D. Eisenhower National System of Interstate and Defense Highways, exceeds any of the provisions of Title 23 U.S.C., Section § 127 or associated federal regulation. The permit shall be carried in the driver's possession and consist of:
(1) the information furnished by the applicant contained in the permit,
(2) the conditions and restrictions stated in the permit, and
(3) the applicable provisions of this Chapter, Oklahoma law, or any combination of provisions.
(b) Annual permits. Annual permits, as authorized by 47 O.S. §14-101 et seq. and this Chapter, shall be on a form and in a manner prescribed by the Executive Director of the Department of Transportation. Annual permits shall comport to 23 U.S.C. §127 for interstate applications, and to other state statutes relating to size and weight of vehicles and combinations of vehicles, and to the provisions of this Chapter for all roads and highways of this state. Annual permits shall may be for a duration of one calendar year from the date of issuance. Annual permits for the movement of vehicles, loads, or both which exceed the size or weight provisions, or both, of 47 O.S. §14-101 et seq., but do not exceed the provisions of this Chapter or state statutes relating to maximum allowable permit limits, shall be applied for and issued, using the procedures established in this Chapter, through the Size and Weight Permit Division of the Department of Transportation. Annual permits shall may not be restricted to non-divisible vehicles or loads and shall be specific to the towing vehicle of any vehicle operating as a combination of vehicles.
(1) Fees for annual permits shall be in accordance with the fee schedule contained in 47 O.S. §14-101 et seq. and will be published on the Department of Transportation website.
(2) Annual permits shall be subject to suspension, revocation or cancellation by the Executive Director of the Department of Transportation or an authorized representative upon due process, as outlined in this Subchapter.
(c) Single trip permits. Single trip permits, as authorized in OAC 730:50-5-3(2) of this Chapter, shall be on a form and in a manner prescribed by the Executive Director of the Department of Transportation. Single trip permits shall be applied for and issued, using the procedures established in this Chapter, through the Size and Weight Permit Division of the Department Transportation. All single trip permits shall comport to this Chapter and related state statutes and shall be for a duration of up to, but not to exceed, five (5) consecutive calendar days. Single trip permits shall be issued for non-divisible vehicles or loads, as defined in 23 C.F.R. § 658, which exceed the provision of state statutes but do not exceed the provisions of this Chapter or state statutes relating to maximum allowable permit limits. All or any permits may be revoked by any duly qualified law enforcement officer of the Department of Public Safety or an authorized employee of the Department of Transportation after having identified any violation of any of the provisions of the permit. The revocation shall be final, and no further movement of the vehicle or load shall be authorized until the vehicle or load is authorized by a proper permit.
(d) Multi-trip oversize permits. A multi-trip oversize permit may be issued for a specific motor vehicle, which can be identified by a vehicle identification number or serial number, for movement as set forth in this Chapter at 730:50-5-6(a)(1) and (j i).
(e) Annual envelope vehicle permit. An annual envelope vehicle permit shall be issued by the Department of Transportation in conformity with the requirements of this subchapter in addition to the provisions set forth in 730:50-5-13:
(E) Creek
(F)(E) Muskogee
(G) Kilpatrick
(H) Kickapoo
(1) An annual envelope permit shall not be used in conjunction with any other permit.
(2) An annual envelope permit shall be void if used for the movement of houses or modular or manufactured homes.
(3) An annual envelope permit shall be void if laminated.
(4) Reasonable access to and from terminals for fuel, food, repairs and rest shall not exceed five (5) statute miles from the roadways authorized by the Oklahoma Department of Transportation.
(5) A vehicle being moved under an envelope permit shall not be moved on turnpikes except on non-interstate turnpikes. Non-interstate turnpikes are:
(A) Indian Nation
(B) Cimarron
(C) Cherokee
(D) Chickasaw
(6) The operator of a vehicle in excess of nine (9) feet and six (6) inches in width which is moving under an envelope permit shall use a valid PikePass or use PlatePay to travel on any turnpike listed in paragraph (6).
(f) Special over-height trailer permit for limited travel. A Special Over-height Trailer Permit for Limited Travel (SOTPLT), in accordance with 47 O.S. § 14-103(B)(1), shall be issued in a manner and on a form prescribed by the Executive Director of the Department of Transportation.
(1) An SOTPLT shall be for a duration as determined by the Executive Director of the Department of Transportation, but under no circumstance shall the permit exceed one (1) calendar year.
(A) The fee for a single trip SOTPLT shall be Forty Dollars ($40.00) and shall be nonrefundable.
(B) The fee for a thirty (30) day SOTPLT shall be Five Hundred Dollars ($500.00) and shall be nonrefundable.
(C) The fee for a one (1) year SOTPLT shall be Two Thousand Dollars ($2000.00) and shall be nonrefundable.
(2) An SOTPLT shall not be restricted to non-divisible loads and shall be specific to the trailer being permitted.
(3) In addition to these requirements:
(A) An SOTPLT shall not be used in conjunction with any other permit.
(B) A trailer being moved under an SOTPLT shall not access nor be moved on any part of the National System of Interstates and Defense Highways or four-lane divided Federal Aid Primary System Highways, state highways or turnpikes.
(4) An SOTPTL shall comply with 730:50-5-18(b)(3), unless otherwise waived by the Executive Director of the Department of Transportation.
(5) An SOTPLT applicant shall submit a detailed application to the Executive Director of the Department of Transportation containing:
(A) Physical features of the route, including but not limited to:
(i) applicable speed limits,
(ii) specifications and description of any bridges,
(iii) infrastructure,
(iv) public or private utility overhead wire lines,
(v) traffic control devices,
(vi) road signage, and
(vii) any potential for pedestrian traffic.
(B) The duration of time the SOTPLT permit is needed.
(C) Trailer information including, but not limited to, VIN, tag number, height and specifications of the trailer.
(D) A certification from the permittee stating the permittee has contacted the effected affected City Street Department and/or County Commissioner and referenced any possible restrictions or obstacles within their jurisdiction that may impact the permittee's ability to travel.
(g) Any violation of any part of this section shall result in the permit being voided.
(h) Prima facie evidence. Undertaking the movement of the vehicles and loads specified in the permit is deemed prima facie evidence of an unequivocal allegation that the permit is accepted by the permittee. Acceptance of the permit by the permittee will be deemed prima facie evidence of an unequivocal allegation by the permittee that:
(1) Permittee is in compliance with all operational requirements;
(2) All dimension and weight limitations specified in the permit will not be exceeded;
(3) All operation, registration, and license requirements have been met;
(4) All financial responsibility obligations and other legal requirements have been met. The permittee assumes all responsibility for injury to any person or for damage to public or private property, including the permittee's own, or to the load being transported, caused directly or indirectly by the transportation of vehicles and loads authorized under the permit.
730:50-3-3. Requesting, obtaining, and paying for a permit [AMENDED]
(a) Requesting and obtaining a permit. A permit shall be applied for and obtained from the Size and Weight Permit Division of the Department of Transportation, by contacting a permit office either in person, by telephone, or from the Department of Transportation website. A permit for movement of a manufactured home shall be applied for and obtained in accordance with 68 O.S.§2813 and 47 O.S. §14-103D. The permit office shall make a determination as to whether the permit can be issued based upon the size of load, weight of load, the route to be traveled, the clearance of overhead structures, weather conditions, and traffic conditions.
(b) In-person permit application. All permit offices are open Monday through Friday, except on state holidays. Location and office hours of permit offices are.:
(A) Enid, 5725 West Owen K. Garriott Road. Office hours: 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to 4.00 p.m.
(B) Tulsa, 9191 East Skelly Drive. Office hours: 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to 4:00 p.m.
(1) Oklahoma City (main office), 200 N.E. 21st Street, Oklahoma City, OK 73105 Office hours: 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to 4:00 p.m.
(2) OfficesOffice at Oklahoma Highway Patrol district headquarters:
(3) Field Offices:
(A) Elk City, Merritt Road at the west junction of U.S. Highway 66 and State Highway 611097 N. 1970 Rd. Office hours: 8:00 a.m. to 12:00 p.m. (noon), and 1:00 p.m. to 4:00 p.m.
(B) Woodward, 2411 Williams Ave. Suite 112ATulsa, 4002 N. Mingo Valley Expressway. Office hours: 8:00 a.m. to 12:00 p.m. (noon), and 1:00 p.m. to 4:00 p.m.
(c) Telephone permit application. Telephone applications may be made by calling 405-425-7012 Monday through Friday, except on state holidays, between 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to 4:300 p.m.
(d) Website permit application. Website applications may be made through oklahoma.gov/odot/size-and-weight.htmlhttps://oklahoma.gov/odot/about-us/laws-and-rules/size-and-weight-permits.html.
(e) Payment for a permit. Payment for a permit is to be made by one of the following methods:
(1) Cash (exact change is required). Please do not mail cashCash payments are only accepted in person.
(2) Certified cashier's check. Make checks payable to "Oklahoma Department of Transportation."
(3) Money order. Make money orders payable to "Oklahoma Department of Transportation."
(4) Personal or company check. Make checks payable to "Oklahoma Department of Transportation." If a personal or company check is not honored by the bank upon which it is drawn, the Department of Transportation reserves the right to refuse all further checks from the person or company who issued the check.
(5) Credit card. Discover, MasterCard, American Express, or Visa will be accepted for payment.
(6) Monthly billing account. [See 730:50-3-4 regarding establishing monthly billing accounts.]
730:50-3-4. Establishing a monthly billing account [AMENDED]
The Size and Weight Permit Division may authorize monthly billing accounts for individuals, companies, and corporations to defer payment of special permits issued for oversize and overweight vehicles. A monthly billing account will be established in accordance with the following provisions:
(1) Posting of bond.
(A) A bond must be posted in an amount sufficient to cover the monthly billing. The minimum amount of such bond shall be Five Thousand Dollars ($5,000.00).
(B) The bonding company must be approved by the Oklahoma Insurance Commissioner to do business in Oklahoma and maintain such approval during the term of the bond.
(C) The bond must be on a form prepared by the Department of Transportation. The completed original form must be submitted to the Department of Transportation for final approval. The form may be obtained by contacting the Size and Weight Permit Division of the Department of Transportation.
(D) The surety company must notify the Department of Transportation by written notice a minimum of thirty (30) days prior to cancellation or reduction of the amount of coverage and state the effective date of the change in coverage. The surety company shall send the notice by certified mail to the Size and Weight Permit Division.
(E) It is the responsibility of the company holding the bond to give the monthly billing account number only to persons qualified to use the account. Establishing an account implies full agreement to the terms of the account and any related activities thereof. Sharing your password with anyone, is a violation of our agreement, as it may compromise the account holder's confidential information and could result in outside charges on your account for which you will be responsible and liable. The charges incurred on your account are the responsibility of the owner as described in the profile, no matter who makes the actual charge. Once the bond has been approved by the Department of Transportation, notification of the monthly billing account number will be given. Information concerning accounts may be obtained by calling (405) 522-9004 or 405-522-2290(405) 521-2591.
(2) Payment of account. Each monthly billing account will be invoiced aton the first of each month. Payment must be received by the Department of Transportation at 200 N.E. 21st Street, Oklahoma City, OK, 73105 by the fifteenth (15th) day of the invoice month. Accounts whichthat are not paid will not be issued permits until the account is paid. Accounts not paid by the twenty-second (22nd) day of the invoice month can no longer purchase permits regardless of payment method. Accounts not paid by the first (1st) of the following month will be sent to the bonding company for collection. The Department of Transportation may close any account for which the deferred payment is habitually delinquent.
SUBCHAPTER 5. SIZE AND WEIGHT PERMIT LOAD [AMENDED]
730:50-5-1. Conditions and restrictions [AMENDED]
The following conditions and restrictions shall apply to the issuance of permits for the operation of oversize and overweight vehicles:
(1) Travel time. Movement shall be permitted in accordance with the dates and times provided in 47 O.S. §14-101 and in this sub-section.
(A) Oklahoma County. Movement of oversize permitted loads is not allowed on the National System of Interstate and Defense Highways in Oklahoma County from 7:00 a.m. to 9:00 a.m., and from 3:30 p.m. to 6:30 p.m., Monday through Friday.
(B) Tulsa County. Movement of oversize permitted loads is not allowed on the National System of Interstate and Defense Highways in Tulsa County from 7:00 a.m. to 9:00 a.m., and from 3:30 p.m. to 6:30 p.m., Monday through Friday.
(C) Cleveland County. Movement of oversize permitted loads is not allowed on the National System of Interstate and Defense Highways in Cleveland County from 7:00 a.m. to 9:00 a.m., and from 3:30 p.m. to 6:30 p.m., Monday through Friday. The two (2) mile section of Interstate 35 between State Highway 9 East (Exit 108) and State Highway 9 West (Exit 106) shall be exempt from this restriction.
(2) Required sign and flags. All oversized vehicles and loads require the regulation "Oversize Load" sign and flagging, as provided in 730-:50-5-15.
(3) Exceptions. The restrictions in this paragraph shall not apply to special combination vehicles, longer combination vehicles, and vehicles which are overweight only.
(4) Weather, traffic, road, and atmospheric conditions. Extreme caution in the operation of permitted vehicles and loads shall be exercised during hazardous conditions, including, but not limited to, snow, ice, sleet, fog, mist, rain, dust, smoke, excessive wind, or any weather, traffic, or road condition which would adversely affect traction or braking capabilities. When conditions become dangerous, the company or the operator shall discontinue operations, and operations shall not resume until the vehicle and load can be moved with reasonable safety. The state may restrict or prohibit operations during periods, when, in the state's judgment, weather, traffic, road, or other conditions exist which make such operations unsafe or inadvisable. [See OAC 730:50-5-9(c)(2) regarding driving conditions.]
(5) Overweight load route review. Requests for permits for overweight loads which require a load route review shall be submitted to ensure they are received by the Oklahoma Department of Transportation Bridge Division a minimum of five (5) working days prior to the date of movement [730:50-5-4(k)].
(6) Brakes, drawbars, and lighting requirements. Equipment requirements for this Paragraph are found in 47 O.S. §§12-201 through -12-415, and in the Federal Motor Carriers Safety Regulations, 49 C.F.R. Part 393, Subchapters B, C, F, and H.
(7) Accuracy of information. It is the responsibility of the applicant to ensure accuracy of information contained in company profile and on the application when submitting for a permit. Sharing your password with anyone is a violation of our agreement, as it may compromise the account holder's confidential information and could result in outside charges on your account for which you will be responsible and liable. The charges incurred on your account are the responsibility of the owner as described in the profile, no matter who makes the actual charge. Permits will not be revised to alter the load description or the vehicle or load dimensions. Multi-trip or annual permits cannot be changed. Any other revisions shall be at the discretion of the permit office, and only one (1) revision will be allowed per permit.
730:50-5-2. Method of placing permit in suspension where conditions exist beyond the control of the permitteepermit holder [AMENDED]
(a) A permit may be placed in suspension by the permit holder for a maximum of two (2) weeks for inclement weather, road conditions due to weather and equipment breakdown. To place a permit in suspension the permit holder shall:
(1) Contact the permit office within the trip dates. If the permit expires when the permit office is closed, contact the permit office the next working day;
(2) Provide the permit number and trip dates;
(3) Before the permit may be reinstated due to equipment breakdown, proper documentation must be submitted to swpermits@odot.ok.gov.
(b) If the permit office is not contacted by the permit holder to remove the suspension of the permit within two (2) weeks of placing the permit in suspension, the permit shall become void, and the permit holder shall be required to apply for a new permit. Only one (1) suspension shall be granted by the Department of Transportation per permit.
730:50-5-3. General conditions and restrictions on permits [AMENDED]
Unless otherwise specifically required by law, the following provisions shall apply to the eligibility for permits issued by the Executive Director of the Department of Transportation for the operation of oversize, and/or overweight vehicles:
(1) Vehicles bearing an out-of-state license are ineligible for a permit of any type for a movement between an origin and destination, both of which are located within Oklahoma (intrastate movement), unless said vehicle is covered under an agreement between the licensing state and the State of Oklahoma which prorates the licensing and/or registration fees for such vehicles, or unless such vehicle has been temporarily licensed for operation in this state. Evidence of compliance with the provisions of this subparagraph must be provided with the application for any such permit.
(2) Only single trip permits may be requested by the vehicle owner or operator for non-divisible overweight vehicles and/or loads.
(A) A non-divisible load means any load or vehicle exceeding applicable length or weight limits which, if separated into smaller loads or vehicles, would meet any one of the following criteria:
(i) Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;
(ii) Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or
(iii) Require more than eight (8) work hours to dismantle using appropriate equipment. The applicant for a non-divisible load permit has the burden of proof as to the number of work hours required to dismantle the load.
(B) Emergency response vehicles and casks designed and used for the transport of spent nuclear materials, and military vehicles transporting marked military equipment and material shall be considered for permits as non-divisible vehicles or loads.
(C) Non-divisible loads not operating on the interstate Highway System mean loads which, in the opinion of the Executive Director of the Department of Transportation, cannot be reasonably and efficiently dismantled and which may safely operate on the permitted routemay operate off the Interstate Highway System when in the opinion of the Executive Director of the Department of Transportation, or their designee, the non-divisible load can safely operate on the permitted route.
(D) Permits may be issued only after proper consideration of:
(i) allowable weights on, and dimensions of, bridges;
(ii) potential damage to roadways;
(iii) highways under construction;
(iv) construction or other detours;
(v) traffic volumes;
(vi) interference with the normal flow of traffic; and
(vii) existing or reasonably anticipated weather conditions such as excessive winds, rain, fog, snow or ice, or any other condition which, in the opinion of the issuing agency, or any law enforcement officer, may adversely affect the safe operation of permitted vehicles or the public safety.
(3) Single trip permits for non-divisible overweight vehicles and/or loads may be requested only for vehicles which have been lawfully registered to carry the requested weight and only for the time reasonably necessary to accommodate the movement of said vehicle and/or load from its point of origin to its point of destination via the shortest practicable routing. Any return trip of said identical vehicle and/or load shall require an additional permit.
(4) All permit applications and issued permits must clearly and specifically identify the name and address of the vehicle owner, the vehicle involved including make, model, license number and state of issuance, the number of trailers, their license numbers and state of issuance, a brief description of the load to be transported and, if overweight, the gross permitted vehicle weight, the number of axles, axle configurations, spacings and weights and, if oversize, all oversize dimensions, the lengths of any front or rear load overhang and, for the movement of unlicensed equipment or mobile homes, a serial or other identification number unique to said load.
(5) No permit tolerances shall apply to any permitted vehicle and/or load.
(6) Permitted vehicles shall neither access nor move upon any part of the National System of Interstates and Defense Highways or four-lane divided Federal Aid Primary System Highways, state highway, or bridge unless the properly signed original permit or true and correct facsimile or copy thereof, specifically authorizing such movement, is in the driver's possession.
(7) All vehicles and/or loads moving under provisions of a permit shall travel to the right of the center of the roadway and shall yield the right of way to other traffic. An exception occurs on bridges when the permit specifies traveling on the centerline of the roadway.
(8) Permitted vehicles and/or loads, the movement of which requires an escort, shall not travel in convoy.
(9) Failure of the vehicle owner or driver to comply with any applicable law, rule, regulation, ordinance, posted speed limit or any permit term, condition, limitation or requirement, including, but not limited to, routes of travel may, in addition to all other legal remedies, immediately invalidateviolate or void the permit.
(10) Every effort shall be made to remove appendages that are attached to vehicles carrying loads of other vehicles or equipment if removal is both reasonable and will avoid the need for an oversize permit.
(11) Vehicles and/or loads which are both overweight and oversize shall require the issuance of a permit covering both the overweight and oversize movement; however, the permit fees shall apply as though both permits had been issued separately.
730:50-5-4. Overweight permits; specific conditions and restrictions [AMENDED]
(a) Unless otherwise specifically required by law, in addition to the applicable General Conditions and Restrictions on Permits as contained in 730:50-5-3 of this Chapter, no overweight vehicle and/or load and no combination of vehicles and/or loads shall be eligible for a permit unless all the following conditions are met:
(1) the permit application is for a single trip only; and
(2) the vehicle and/or load to which the application applies cannot be divided; and
(3) the applicant has justifiably certified that the movement proposed in the application is necessary due to the existence of a specific public emergency requiring the use of the State Highway System and the Executive Director of the Department of Transportation has concurred in the existence of such emergency; and
(4) the route requested constitutes the shortest practicable routing available; and
(5) the overweight vehicle and/or load to which the application applies does not require a fixed single axle loading in excess of 20,000 pounds or 600 pounds per inch and fractional partany fraction thereof of nominal tire tread width, whichever is the lesser.
(b) Except as otherwise provided in this subchapter overweight permits shall be required for the movement of vehicles and/or loads exceeding 80,000 pounds or any of the provisions of federal Formula "B" or Table "B", when proposed for movement on the Dwight D. Eisenhower National System of Interstate and Defense Highways and for the movement of vehicles and/or loads exceeding 90,000 pounds or any of the provisions of federal Formula "B" or Table "B", when proposed for movement on any other portion of the State Highway System.
(c) In accordance with the Federal Highway Administration interpretation of 23 U.S.C. § 127 longer combination vehicles, (LCV's) which are defined in § 127(d)(4) as any combination of a truck tractor and two or more trailers or semitrailers which operates on the Interstate System at a gross vehicle weight greater than 80,000 pounds in accordance with Federal Weight Formula "B" shall be allowed to operate on the Interstate System in Oklahoma at a gross vehicle weight of not to exceed 90,000 pounds, if the LCV configuration was in regular or periodic operation as permitted by the Executive Director of the Department of Transportation. LCV's shall be subject to all other requirements provided for by federal law, state law and this subchapter. The Federal Highway Administration requires that any LCV operating on the Interstate Highway in the State of Oklahoma at a gross vehicle weight in excess of 80,000 pounds, but not exceeding 90,000 pounds, first obtain from the Executive Director of the Department of Transportation a special annual divisible load permit for such operation on the Interstate Highways.
(d) The gross permittable axle weight on any axle which is capable of being lowered for use in supporting a load or retracted from such use by controls located in or accessible from the vehicle cab, shall not exceed the lesser of 8,000 pounds or the axle manufacturer's gross axle weight rating and no tire on any such axle shall be permitted to carry weights in excess of 240 pounds per inch and fractional part thereof of tread width. All tires on any such axle shall be compatible in size, width and air pressure with the tires on fixed load axles.
(e) No operator shall move any load without a permit which is over the weight limits provided by law.
(f) Maps for Load Posted Bridges on Oklahoma Highway System are available on the Department of Transportation web sitewebsite and updated within two weeks of when changes occur. The map indicates, at the time of its updating, the locations of all load restricted bridges and highways on the state highway system. The map does not, in any event, constitute a warranty, either express or implied.
(g) All applications shall be entered into the Department of Transportation automated overload permitting system and shall indicate all proposed axles, axle spacings and weights, the inner bridge dimensions, gross vehicle weight, vehicle width, height and length, origin, destination, and the proposed routing, and shall be referred in writing to the Department of Transportation for a specific load route review. Based upon the findings of that review, the Department of Transportation shall notify the applicant whether such a permit may be issued or whether such movement will pose an unacceptable risk of damage to the highways and/or bridges of this state or create a hazard to the public safety. Permits for proposed movements which pose an unacceptable risk in the opinion of the Department of Transportation shall be denied.
(h) Overweight load route reviews shall be made by the Department of Transportation's Bridge and Maintenance Divisions. Bridge reviews shall be performed in strict compliance with provisions of the current AASHTO Manual for Bridge Evaluation. The computed stresses for a bridge due to an overweight load proposed for permitting shall not, under any circumstances whatsoever, exceed those specified in said manual; provided, the Department of Transportation may reduce the AASHTO recommended allowable computed stress values where necessary to account for deterioration in any of the structural members of any bridge.
(i) Based upon previously completed load route reviews, the Department of Transportation has compiled and maintains an Overweight Truck Permit Map which is intended for use in permitting the movement of standard configurations of overweight trucks which have been previously studied and are shown on Standard Drawing OL-1. Said drawing indicates the maximum gross vehicle weight and axle group loading, minimum number of axles and inner bridge dimensions for all truck combinations shown. The Overweight Truck Permit Map and the Standard Drawing OL-1 are herein incorporated by reference and constitute an integral part of this subchapter and will be updated by the Department of Transportation not less than once every two years for the purpose of approving or rejecting applications for overweight permits for the movement of indicated vehicles and/or loads without requesting a load route review by the Department of Transportation for the previously studied routes shown on the map. The Department of Transportation reserves the right to add, delete or modify at any time, any routes or portions thereof shown on the map due to any change in the condition of highways relating to their ability to carry such loads, by oral or written notification to the Executive Director of the Department of Transportation or his designated representative. Neither the Overweight Truck Permit Map or the Standard Drawing OL-1 constitutes a warranty, express or implied.
(j) All requests for overweight permits must go through the Department of Transportation's automated overload permitting system. Requests must be received a minimum of five working days prior to the date requested for actual movement of the load. Additional time may be required where several bridges are involved. Routes shown in red on said map are incapable of supporting permitted overweight vehicles shown on the Standard Drawing OL-1. Permits may be issued for vehicles shown on Standard Drawing OL-1 on routes shown in green on said map.
(k) Reducing bridge impact loading by restricting the speed of more conventional permit loads shall not be considered by the Department of Transportation where long hauls are to be made by permitted overweight vehicles. Restricted speedThe Department will be consideredconsider restricted speeds only for extremely short hauls where it can be shown that an alternate means of transportation is not readily available.
(l) The Department of Transportation will review specific routes and bridges for various combinations of oversize and overweight trucks including superloads to determine the probability of specific structures and pavements to support such loads; however, due to unknown factors, such as recent changes in conditions or any other unknown factor, the Department of Transportation shall not warrant, guarantee or certify that a particular overweight load or superload can be safely moved over any route without incurring a substantial risk of structural failure to the paving surface or bridge structure due to the higher level of stress permitted for these oversize or overweight loads and no such warranty, guarantee or certification is hereby expressed or implied. The Department of Transportation reserves the right to require an evaluation of potential damage to the pavement on a specific route. A superload is defined as any overweight permit load that exceeds the Standard Drawing OL-1 trucks described in paragraphs (i) and (j) of this subsectionsection. If the route has not been studied previously for the proposed superload, a detailed structural analysis will be required to check each bridge to be crossed by the proposed superload to determine if adequate safety factors exist in the bridge to assure that damage will not occur unless it can be shown by a comparative analysis that it will not exceed stresses developed by OL-1. Bridge stress and safety factors shall be in strict conformance with paragraph (h) of this subsection.
(m) Superloads with dual-lanesdual-lane axles may be considered as separate side-by-side axles for analysis and permit purposes, as shown by the Oklahoma Department of Transportation Standard Drawing OL-1. Superloads with dual lanes meeting the following requirements will be reviewed by the Oklahoma Department of Transportation for specific routes:
(1) Each axle shall include a minimum of four (4) tires and not exceed 20,000 lbs.pounds or 600 lbs.pounds per inch and fractional part thereof of nominal tire tread width, whichever is the lesser. No more than one axle per lane will be allowed for dual lane configurations.
(2) The dual lane configuration has a minimum out-to-out width of 16'0"14'-0" regardless of the type of equipment being used.
(3) The Gage, "G", between consecutive dual wheels on each axle must be a minimum of 4'0" regardless of the type of equipment being used.
(4) The Passing Distance "P", or split inside distance separating axles between centers of inside dual wheels, must be a minimum of 4'-0" measured between centers of inside dual wheels, regardless of the type of equipment being used.
(5) The minimum longitudinal axle spacing must be 4'6".
(6) The permit application is for a single trip only.
(7) The vehicle and/or load cannot be reasonably modified or dismantled for operation in compliance with all legally defined maximum dimensions.
(8) The load does not exceed 1614 feet in width when proposed for operation on the Dwight D. Eisenhower National System of Interstate and Defense Highways during any portion of the trip or 20'-0" on the state highway system.
(9) The height of the vehicle and/or load will clear, by a minimum of two (2) inches, the minimum posted height limitation for any overhead structure. A Vertical Clearance of Bridge Structures Map is produced by and available from the Oklahoma Department of Transportation, but the map does not, in any event, constitute a warranty, either expressed or implied.
(10) The track of the vehicle and/or load does not require the use of highway shoulders and the turning radius of the vehicle and/or load does not require leaving the surface of roadway travel lanes, the travel lanes of interchange loops or ramps, to negotiate turns.
(11) The towing vehicle has sufficient power to move the oversize load safely.
(12) All applications received by the Executive Director of the Department of Transportation for overweight permits shall indicate all proposed axle spacings including gage and wheel spacings, axle spacings and weights, the inner bridge dimensions, gross vehicle weight, vehicle width, height and length, origin, destination and proposed routing, and shall be referred to the Department of Transportation for a specific load route review. As a general rule, increasing the Gage, "G", and the Passing Distance "P", will, in most cases, improve the load distribution and allow larger gross vehicle weights to pass over the bridges.
(13) As a general rule, the allowance of dual lane axles is intended for shorter hauls or, for instances when no other means is available, to move the load and the movement originates or terminates in the State of Oklahoma with the exception given to the panhandle region of the state. In order to minimize disruption to traffic, preference should be given to the use of single lanesingle-lane equipment.
730:50-5-6. Oversize permits; specific conditions and restrictions [AMENDED]
(a) Unless otherwise specifically required by law, in addition to the applicable General Conditions and Restrictions on Permits as contained in 730:50-5-3, no oversize vehicle shall be eligible for a permit unless all of the following conditions are met:
(1) the permit application is for a single trip only; however, in cases where an industry located near the Oklahoma State line routinely ships oversize loads directly across the nearby state line, or in other unusual instances, the Executive Director of the Department of Transportation may issue multi-trip oversize permits for specific movements as set forth in 730:50-5-6(ji); and
(2) the vehicle and/or load is non-divisible as defined in 730:50-5-3(2)(A); and
(3) the load does not exceed 16 feet in width when proposed for operation on the Dwight D. Eisenhower National System of Interstate and Defense Highways during any portion of the trip; and
(4) the height of the vehicle and/or load will clear, by a minimum of 2 inches, the maximum height limitation for any overhead structure shown on the Vertical Clearance of Bridge Structures Map produced by and available from the Oklahoma Department of Transportation, which map does not, in any event, constitute a warranty, either express or implied; and
(5) the track of the vehicle and/or load does not require the use of highway shoulders, and the turning radius of the vehicle and/or load does not require leaving the surface of roadway travel lanes or the travel lanes of interchange loops or ramps, to negotiate turns; and
(6) the towing vehicle has sufficient power to move the oversize load safely at reasonable highway speeds.
(b) Unless otherwise provided for in this subchapter the following trailer and semi- trailer lengths may be permitted by the Executive Director of the Department of Transportation:
(1) Semi-trailers exceeding 53 feet in length, but not exceeding 59 feet 6 inches in length, operating in a truck tractor- semi-trailer combination may operate without a permit on the National Network of highways as designated by the United States Secretary of Transportation, plus the reasonable access provided for in this section as such combination is authorized by 49 U.S.C. App. § 2311 and 23 C.F.R. Part 658.
(2) Semi-trailers and trailers operating in a truck tractor- semi-trailer and trailer combination shall not exceed 53 feet in length. No permit may be issued for any such combination in which a semi-trailer or trailer exceeds 53 feet in length. In no event shall the total length of the cargo carrying units exceed 110 feet. Such combination vehicles may only operate on the Interstate and four-lane divided federal-aid primary systems.
(3) Semi-trailers and trailers operating in a truck tractor-semi-trailer and trailer combination shall not exceed 29 feet in length for any semi-trailer or trailer which is a part of the vehicle combination, and no permit may be issued for such combination if any semi-trailer or trailer exceeds 29 feet in length or the overall cargo carrying capacity exceeds 95 feet in length. Such combination vehicles may operate only on the Interstate System and four-lane divided highways, plus reasonable access.
(4) In no case shall any trailer or semi-trailer be placed ahead of another trailer or semi-trailer which carries a 5,000 pound or more heavier load. The heaviest trailer or semi-trailer shall be placed in front and the lightest at the rear. An empty trailer or semi-trailer must not precede a loaded trailer or semi-trailer.
(5) Semi-trailer or trailer lengths shall be measured from the front of the trailer to the rear of the trailer or any extension of the load beyond the rear of the trailer. Any appendages to the rear of the trailer shall be included in the trailer length measurement.
(c) Truck or truck tractor and semi-trailer or trailer combinations which exceed 102 inches but not exceeding 120 inches in width may operate under authority of a special annual overwidth permit. Such permit shall be valid for the movement of single-trip overwidth loads exceeding 8½ feet on roads and highways having a surface width of 20 feet or more and for travel to and subsequent travel from the initial permitted movement. Such vehicles may be utilized to transport legally dimensioned loads only when a single-trip overwidth permitted movement precedes or follows the legal load movement. Proof of the overwidth permitted movement shall be made available upon demand. Such permits shall be specific to the truck tractor.
(d) Semi-trailer exceeding 53 feet but not exceeding 59 feet 6 inches and which are transporting a legal load or no load may operate on roads and highways which are not part of the National Network of Highways under the authority of a special round trip overlength permit issued for the vehicle to proceed to and/or return from a single trip overlength (more than 53 foot long load or where the use of the longer trailer to move a non-divisible load would cause axle weights which would exceed the legal weight to conform to the legal limits) movement performed under permit. The permit shall state the specific route of the trip. Special round-trip permits shall be trailer-specific.
730:50-5-7. Unitized equipment [AMENDED]
Unless otherwise specifically required by law:
(1) unitized equipment, for purposes of this Subchapter, is defined as a single unit vehicle and inseparable load; and
(2) unitized equipment exceeding 8 feet 6 inches in width, excluding both tire bulge and approved safety devices when traveling on highways of twenty feet or more in width or exceeding 8 feet 6 inches in width, excluding both tire bulge and approved safety devices, when traveling on highways of less than twenty feet in width, constitutes an overwidth vehicle and is eligible for a permit; and
(3) unitized equipment exceeding a height of thirteen and one-half (13 1/2) feet on any county road, or fourteen (14) feet on any turnpike, interstate, U.S., or state highway; and unitized equipment having a vehicle length of more than 45 feet, exclusive of any protrusion of its unitized equipment, constitutes an overlength vehicle and is eligible for a permit; and
(4) unitized equipment with longitudinal protrusions extending beyond the vehicle a distance in excess of two-thirds (2/3) of the vehicle's wheelbase shall only operate on the state highway system under the authority of an annual oversize permit. Protrusion length shall be measured by adding the front and rear overhang distances. Protrusions shall be properly counterbalanced with such additional weight or by a transfer of weight as may be required for equal weight distribution; and (5) unitized equipment, when traveling by permit, shall tow no trailer or semi- trailer., and
(5) to obtain a unitized equipment permit or endorsement to an oversize permit, the following information is required:
(i) make and model of vehicle;
(ii) vehicle length (truck);
(iii) wheelbase measurement;
(iv) protrusion measurements (front and rear); and
(v) measurement of lowest point of protrusion above road surface.
(6) The protrusion shall bear luminous tape sufficient to warn the public of the extent of the protrusion.
730:50-5-8. Special mobilized machinery, rubber-tired truck cranes and rubber-tired construction vehicles [AMENDED]
Unless otherwise specifically required by law:
(1) all equipment of this class shall move upon the highways of Oklahoma only by an Annual Operating Permit in accordance with the provisions of 47 O.S. 2021,Section § 1129 and any lawful amendments thereto; and
(2) permits for special mobilized machinery as defined in 47 O.S. § 1129 and authorized by 47 O.S. § 14-118 shall be issued upon application and approval, when such application is accompanied by a certificate of registration or receipt of ad valorem fees paid for such special mobilized machinery. Permit holders shall operate in accordance with the safety requirements of the Oklahoma Statutes relating to motor vehicle operations and required equipment found in 47 O.S. Chs. 11, 12, and 74 and any related provisions of this subchapter;
(5) Permits for oversize and/or overweight special mobilized machinery shall be issued upon proper application and approval under the authority of 47 O.S. §§ 14-103, 14-118, and this Chapter. Machines that exceed twelve (12) feet in width and fifteen (15) feet in height shall not be authorized an annual permit. All oversize equipment shall display the regulation "Oversize Load" sign on the front and rear of the equipment.
730:50-5-9. Special combination vehicles - permits [AMENDED]
(a) Unless otherwise specifically required by law, no special combination vehicle, as defined in 47 O.S. 2021, Section § 14-121 and any lawful amendments thereto, shall be eligible for operation in this state except by authority of an Annual Operating Permit.
(b) The Executive Director of the Department of Transportation is required by law to promulgate rules for the issuance of such permits and no person, firm or corporation shall operate or authorize the operation of any such vehicle unless a valid Annual Operating Permit has been issued to the owner of such vehicle by the Permits Section of the Department of Transportation, properly signed by the Executive Director of the Department of Transportation or his authorized designee, and the original or certified copy thereof is available for inspection at all times in the vehicle cab. No other trailer configuration or multiple trailer combination shall be authorized or operated under said permit. Any violation of a permit provision shall constitute grounds for immediate permit suspension or revocation of said permit.
(c) The content, requirements, and limitations of Annual Operating Permits for special combination vehicles are subject to the provisions of this subchapter and all such permits issued shall require the operation of such vehicles in accordance with the following provisions:
(1) vehicles bearing an out-of-state license are ineligible for a permit of any type for a movement between an origin and destination, both of which are located within Oklahoma (intrastate movement), unless said vehicle is covered under an agreement between the licensing state and the State of Oklahoma which prorates the licensing and/or registration fees for such vehicles, or unless such vehicle has been temporarily licensed for operation in this state; and
(2) no such vehicle combination shall operate under conditions of decreased visibility or when lateral winds in excess of 45 miles per hour are present or during periods when pavement surfaces are slick, icing, icy or snow packed; and
(3) such vehicle combinations shall operate only upon the Dwight D. Eisenhower National System of Interstate and Defense Highways, or other four-lane divided highways which are part of a lawfully identified federal-aid system and may operate on other routes only for purposes of reasonable access, as hereinafter prescribed, between points of origin and destination; and
(4) reasonable access to and from terminals and for fuel, food, repairs and rest shall not exceed 5 statute miles from the vehicle's point of access to, or exit from, those highways authorized for use in paragraph (3) of this subsection and as set forth in 730:50-5-6(h); and
(5) the maximum weight on any single axle of such vehicle shall not exceed 20,000 pounds or 600 pounds per inch and fractional part thereof of nominal tire tread width, whichever is the lesser; and
(6) except as otherwise provided in these rules the maximum gross vehicle weight for any such vehicle and/or load shall not exceed 80,000 pounds or any of the provisions of federal Formula "B" or Table "B" when operating upon any highway of the Dwight D. Eisenhower National System of Interstate and Defense Highways or 90,000 pounds or any of the provisions of federal Formula "B" or Table "B", when operating on other state highways as are authorized in paragraph (3) of this section for use by such vehicles; and
(7) in no case shall any trailer or semi-trailer be placed ahead of another trailer or semi-trailer which carries a 5,000 pound or more heavier load. The heaviest trailer or semi-trailer shall be placed in front and the lightest at the rear. An empty trailer or semi-trailer must not precede a loaded trailer or semitrailer; and
(8) no vehicle, trailer or semi-trailer used in such combination vehicle shall exceed 8 feet 6 inches in width, exclusive of both tire bulge and approved safety devices, or 14 feet in height, or 29 feet in length; and
(9) vehicles or combinations thereof with cargo carrying capacity exceeding 95 feet shall not be eligible for such special combination vehicle permit.
(d) All special Annual Operating Permit holders and drivers must comply with the latest Federal Motor Carrier Safety Regulations [49 CFR Parts 390-397] of the U.S. Department of Transportation.
(e) The driver must at all times during operation of said vehicle be under the control and supervision of the holder of the special Annual Operating Permit.
(f) Failure to comply with any of the provisions of this Section shall constitute grounds for the immediate suspension or revocation of the Annual Operating Permit in a manner prescribed by the Executive Director of the Department of Transportation. Any suspension of said permit shall remain in effect for a period of not less than 6 months. Any revocation of said permit shall be for a period of not less than 1 year.
(g) Special combination vehicle permits shall be truck tractor specific.
730:50-5-12. Movements of oversize and/or overweight vehicles during a life-threatening emergency [AMENDED]
(a) For purpose of this subchapter, "Disaster" includes flood, tornado, fire, or any other large scale emergency situation that causes or threatens to cause the loss of life or destruction or damage to property of such magnitude as to seriously endanger the public health, safety, or welfare, or causes or threatens destruction of or major damage to any transportation system.
(b) During major emergencies, authorization may be obtained from the Executive Director, or his designee, of the Department of Transportation Permit Office for the emergency movement of necessary vehicles and/or loads which exceed the maximum legal dimensions and weight limitations, to or within the emergency area without a standard oversize or overweight permit; however, normal permit requirements shall be observed unless otherwise authorized. During regular office hours, the Department of Transportation Permit Office shall be contacted for assistance in routing. When the Permit Office is closed, the Communications Center of the Department of Public Safety (405)/ 425-2424) will contact Permit officials for permit authorization. All movements made on emergency authorization are required to obtain the applicable permit or permits on the next Department of Transportation working day.
(c) Following the emergency, unless otherwise authorized, the vehicles and/or loads shall be moved from the disaster area under normal permit, conditions, and authority. The Executive Director of the Department of Transportation may issue an emergency authorization or permit for movement to an emergency and return on the same route to the point of origin. The permit or authorization for vehicles going to the emergency may also allow night, weekend, or holiday travel. The permit or authorization to return to the point of origin may also allow daytime weekend or holiday travel.
(d) In the event an area has been declared a disaster area by the President or Governor, manufactured homes may be authorized to move into the area without a standard permit; provided, the 16 feet maximum width limitation shall apply when traveling on routes of the Dwight D. Eisenhower National System of Interstate and Defense Highways. The manufactured homes must be owned by the victims of the disaster or otherwise brought into the area for public relief purposes. If the units are furnished by the Federal Department of Housing and Urban Development (HUD), the Permit Office of the Department of Transportation will generally authorize movement in conformance with the American Association of State Highway and Transportation Officials' National Policy; the Permit Office may include such additional restrictions in its authorization as are considered necessary. Movements under this emergency authorization are required to obtain the appropriate permit or permits on the next business day.
(e) The emergency movement of vehicles and/or loads to railroad derailments may be authorized on state highways during periods when normal permits are restricted, provided:
(1) a loss of life is threatened, or hazardous materials are involved, or a mainline railroad or other major rail line or transportation facility is blocked; and
(2) during normal working hours, the emergency service company shall obtain standard permits by contacting a Department of Transportation Permit Office. If the emergency occurs when the Permit Office is closed, the emergency service company may, if authorized, obtain a permit through the Oklahoma permitting system under established rules. A representative shall contact the Department of Public Safety Communications Center (405/425-2424) to request emergency movement authorization. The information required before authorization will be granted includes the permit number, location of the incident, time of occurrence, description of equipment needed and the origin and requested routing of the movement. If loss of life is threatened or any major transportation facility is blocked, Permit Officials may waive the requirement for certain items of such information.
730:50-5-13. Annual Envelope Vehicle Permit [AMENDED]
(a) The Executive Director of the Department of Transportation may issue an Annual Envelope Vehicle Permit in accordance with 47 O.S. § 14-103G, to a specific vehicle, for the movement of non-divisible oversize or overweight vehicles or loads as defined in 47 O.S. § 14-107(4). Unless otherwise noted, permits issued under this rule are subject to the conditions described.
(1) Vehicle Permit Dimensions
(A) A vehicle transporting an oversize or overweight non-divisible load operating under an Annual Envelope Vehicle Permit may not exceed any of the following:
(i) 12 feet in width;
(ii) 14 feet in height;
(iii) 110 feet in length;
(iv) 120,000 pounds gross weight.
(B) Except as provided in section (c) of this rule, the Annual Envelope Vehicle Permit will be issued for these dimensions and weights.
(2) A vehicle transporting an oversize or overweight non-divisible load operating under an Annual Envelope Vehicle Permit may not transport a load that has more than 25 feet of front overhang, or more than 30 feet of rear overhang.
(3) The fee for an Annual Envelope Vehicle Permit is $4,000, and is non- refundable.
(4) The Annual Envelope Vehicle Permit shall be valid for a period of one year beginning on the date of issue stated on the permit.
(5) An Annual Envelope Vehicle Permit authorizes operation of the permitted vehicle only on the state highway system.
(6) The permitted vehicle is not permitted travel on any part of the Interstate Highway System. Further, the permitted vehicle may only be operated on routes shown as "green" routes on the current Annual Envelope Vehicle Permit Map. The Executive Director of the Department of Transportation shall provide a copy of this rule and a copy of the Annual Envelope Vehicle Permit Map to the permittee when the permit is issued. The permittee assumes the responsibility for assuring that the Annual Envelope Vehicle Permit Map in its possession is current. The most current edition of the Annual Envelope Vehicle Permit Map may be found on the Oklahoma Department of Transportation's website. The permittee also assumes responsibility for obtaining the Vertical Clearance of Bridge Structures Map from the Department of Transportation and assuring the map is correct. The most current edition of the map may be found on the Oklahoma Department of Transportation website. The permittee is also responsible for determining the location of any construction restriction. Construction restrictions may be found on the Department of Transportation Size and Weight Permit website. https://oklahoma.gov/odot/about-us/laws-and-rules/size-and-weight-permits.html.
(7) The vehicle or vehicle combination operating under the authority of an Annual Envelope Vehicle Permit must be registered in accordance with 47 O.S. § 1151A(4), for not less than the maximum weight allowed.
(8) A permit issued under section 14-103G or this rule is non-transferable.
(9) A permit issued under section 14-103G or this rule may be transferred from one vehicle to another vehicle in the permittee's fleet provided:
(A) the permitted vehicle is destroyed or otherwise becomes permanently inoperable, to an extent that it will no longer be utilized, and the permittee presents proof that the negotiable certificate of title or other qualifying documentation has been surrendered; or
(B) the certificate of title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof that the negotiable certificate of title or other qualifying documentation has been transferred from the permittee.
(b) The Executive Director of the Department of Transportation may issue an Annual Envelope Vehicle Permit to a specific motor carrier, for the movement of a vehicle transporting an oversize or overweight non-divisible load as defined in 47 O.S. § 14-107(4). Unless otherwise noted, permits issued under this section are subject to the conditions described in section (a) (1-8) of this rule. A permit issued under section 14-103G or this rule may be transferred from one vehicle to another vehicle in the permittee's fleet provided:
(1) that no more than one vehicle per permit is operated at a time; and
(2) the original certified permit is carried in the vehicle that is being operated under the terms of the permit.
(c) The Executive Director of the Department of Transportation may issue an Annual Envelope Vehicle Permit for vehicles transporting turbine blades used for the purpose of wind power generation. Unless otherwise noted, permits issued under this section are subject to the conditions described in section (a) (1-8). A vehicle operating under this permit may not exceed a cargo length of one hundred sixty (160) feet when transporting the turbine blades. The permit shall be valid only when the vehicle is transporting the blades.
(d) An Annual Envelope Vehicle Permit issued under section (a), (b) or (c) of this rule will be sent to the permittee via registered mail, or at the permittee's request and expense, by overnight delivery service. This permit will be replaced only if:
(1) the permittee did not receive the original permit within seven business days after its date of issuance;
(2) a request for replacement is submitted to the Department of Transportation within 10 business days after the original permit's date of issuance; and
(3) the request for replacement is accompanied by a notarized statement signed by a principle or officer of the permittee acknowledging that the permittee understands the permit may not be duplicated or altered, and that if the original permit is located, the permittee must return either the original or replacement permit to the Department of Transportation Size and Weights Permit Office.
(e) A request for replacement of a permit issued under section (a), (b) or (c) of this rule will be denied if the Executive Director of the Department of Transportation can verify that the permittee received the original.
(f) Lost, misplaced, damaged, destroyed, or otherwise unusable permits will not be replaced. A new permit will be required.
(g) No duplication or alteration of the Annual Envelope Vehicle Permit is authorized. The permit shall be issued on title-quality or better paper and shall have a raised gold or similar seal. Any duplication or alteration of the permit by any means voids the permit.
(h) Operation of a vehicle under the authority of an Annual Envelope Vehicle Permit authorized by 47 O.S. § 14-103G or this rule on an Interstate Highway or a route not listed as a "green" route on the current Annual Envelope Vehicle Permit Map, except as provided in section (n) of this rule, voids the permit.
(i) Operation of a vehicle under the authority of an Annual Envelope Vehicle Permit during the hours of darkness in violation of 47 O.S. § 14-101(F) voids the permit.
(j) Operation of a vehicle under the authority of an Annual Envelope Vehicle Permit in excess of any limit set forth in section (a) (1) or (2) of this rule voids the permit, except as provided herein. If the violation of section (a) (1) does not exceed one thousand (1,000) pounds on any axle, or group of axles or the gross weight of the vehicle, the Annual Envelope Vehicle Permit shall not be valid for that move only and the permit remains valid for additional moves. The one thousand (1,000) pound allowance is cumulative among the axles and groups of axles so that the total allowance in no event shall exceed one thousand (1,000) pounds.
(k) Axle Weight Limitations
(1) No axle on a vehicle operating under the authority of an Annual Envelope Vehicle Permit shall exceed any of the following:
(A) Steer axle 600 lbs. x the nominal inch per tire tread width x number of tires, not to exceed a maximum of 15,000 lbs.
(B) Single axle 20,000 lbs. per axle.
(C) Tandem (2) axle groups 40,000 lbs. / 20,000 per axle, not less than 4 tires per axle.
(D) Triple (3) axle groups 60,000 lbs. / 20,000 per axle, not less than 4 tires per axle.
(2) Except as provided for in subsection (j), operation of a vehicle under the authority of an Annual Envelope Vehicle Permit in excess of the weights set forth in this section or Appendix A voids the permit.
(l) Annual Envelope Vehicle Permits are valid only on the State highway system. Operation of the equipment on city streets or county roads may require additional authorization from local officials.
(m) Operators of vehicles operating under an Annual Envelope Vehicle Permit shall comply with the holiday restrictions of 47 O.S. § 14-101G.
(n) Operators of vehicle operating under the Annual Envelope Vehicle Permit shall comply with the curfew restrictions in Oklahoma, Tulsa and Cleveland Counties which are set forth in Department of Transportation rule OAC 730:50-5-1(1). Violation of these curfew restrictions voids the permit.
(o) Operators of vehicles operating under Annual Envelope Vehicle Permit shall comply with the weather restrictions set forth in 730:50-5-1(4).
(p) The Annual Envelope Vehicle Permit is not valid for the operation of unitized equipment or special mobilized machinery. Use of the permit for the movement of unitized equipment or special mobilized machines voids the permit.
(q) Operators of vehicles operating under an Annual Envelope Vehicle Permit shall comply with the escort requirements set forth in Department of Transportation rule 730:50-5-18(b).
(r) The operator of any vehicle shall, upon request, surrender a voided permit to any commissioned law enforcement officerduly qualified law enforcement officer of the Department of Public Safety or an authorized employee of the Department of Transportation. Upon receipt of a surrendered permit, the officer shall return the permit to the Department of Transportation Size and Weights Permit Office.
730:50-5-16. Requirements for escort vehicles and escort vehicle operators [AMENDED]
(a) General requirements for escort vehicles. Any vehicle to be used as an escort vehicle must be either a pickup truck of not less than one-quarter (1/4) ton rated load capacity or an automobile of not less than 2,000 pounds. The escort vehicle must be properly licensed under the statutes of the State of Oklahoma [47 O.S. § 1101 et seq.] or properly licensed in another state If commercially licensed, an escort for an intrastate move must obtain a temporary registration from the Oklahoma Tax Commission Motor Vehicle Registration Division.
(b) Identification of escort vehicles. The owner of an escort vehicle must have displayed on each side of the escort vehicle the name, city and state of the escort vehicle company or operator, or the owner of the escort vehicle, or both. Such identifying markings must be:
(1) Plainly legible and visible to the motoring public.
(2) Readily legible during daylight hours from a distance of fifty (50) feet while the vehicle is stationary.
(3) Kept and maintained in a manner to preserve legibility.
(4) In a color(s) or colorscolor(s) which sharply contrast with the background on which they are placed.
(c) Equipment of escort vehicles. An escort vehicle must carry the following items of equipment at all times when escorting an oversize/overweight vehicle or load:
(1) Flags. Red flags shall be at least twelve (12) inches square and shall be attached to standards angled upward to the left and right at forty-five (45) degrees and mounted on the top of the cab. No flags shall be displayed unless the escort vehicle is actually actively engaged in escorting.
(2) Mirrors. The vehicle shall be equipped with an outside rear-view mirror on each side of the vehicle.
(3) Radio. Escort and towing vehicles shall be equipped with a two-way radio which is capable of transmitting and receiving voice messages over a minimum distance of one (1) mile and which is compatible with radios in the escorted vehicle and any other escort vehicle(s).
(4) Fire extinguisher. One (1) ten-pound or two (2) five-pound ABC fire extinguishers. Extinguishers shall be checked annually to ensure they are operational.
(5) Flares or reflectors. Four (4) LED type flares, three (3) traffic cones or three (3) portable triangle reflector units.
(6) Sign. The regulation "Oversize Load" sign, as provided in 730:50-5-15(a), except that sign shall be at least ten (10) inches high, shall be mounted either on the front or the roof of front escort vehicles and on the rear or on the roof of the rear escort vehicle while escorting an oversize vehicle or load. The sign shall be clearly visible without an obstruction. No signs shall be displayed unless the escort vehicle is actually actively engaged in escorting.
(7) Warning lights. One AAMVA-approved rotating or flashing amber beacon or a flashing amber light bar system shall be mounted on top of the escort vehicle and shall be of sufficient intensity when illuminated to be visible from five hundred (500) feet in normal sunlight, and shall rotate, oscillate, or flash through 360 degrees. Blue lights are strictly prohibited and, red, or white rotating lights are not authorized under Oklahoma statutes. In addition:
(A) Headlights of escort vehicles shall be lightedlit at all times during movement.
(B) Warning lights in conformance with 47 O.S. § 12-220(B) may be used in conjunction with the headlights.
(C) No warning lights shall be displayed unless the escort vehicle is actually actively engaged in escorting.
(8) Measuring pole. A current height measuring pole made of non-conductive, flexible, non-fragile material when escorting a load or vehicle which is fifteen (15) feet and nine (9) inches or more in height.
(9) Traffic control sign. Two (2)One (1) "STOP" and "SLOW" paddle signs at least 18" inches in diameter with letters at least 6" high with a reflective surface which meets standards set by the Manual on Uniform Traffic Control Devices.
(10) Safety clothing. A hard hat and a jacket or vest, both of which meet standards set by the Manual on Uniform Traffic Control Devices, for each person who may be assigned to traffic control, setting reflectors or any other duties conducted on or near a roadway.
(11) Flashlight. At least one (1) operating handheld flashlight that is visible for at least 500 feet.
(12) Spare tire. A full-size spare tire for the escort vehicle, tire jack and lug wrench.
(d) Prohibitions when operating escort vehicles. The escort vehicle shall not:
(1) Carry any item, equipment, or load in or upon the vehicle which:
(A) ExceedsExceeding the height, length, or width of the vehicle, overhangs the escort vehicle; or otherwise impairs its immediate recognition as an escort vehicle by the motoring public.
(B) Impairs the view of the operator of the escortescorted vehicle or the escorted vehicle.
(C) Obstructs the view of signs or flags used by the escortescorted vehicle or causes safety risks to the motoring public.
(D) Impairs the performance of the escortescorted vehicle.
(2) Tow any trailer or other vehicle, except that an escort vehicle operator not required to be certified by the Department may tow a trailer when escorting a manufactured home. Such trailer shall not exceed eight and one-half (8 1/2) feet in width and twenty (20) feet in length with siding not to exceed four (4) feet in height measured from the bed of the trailer. The trailer may only be used to transport supplies and equipment necessary to carry out the mission of escort vehicle operators [47 O.S. § 14-120.1(C)] and shall not be used to carry other supplies, equipment, or cargo.
(3) The operator of the escort vehicle shall not perform as a tillerman or steerman while performing escort operations. A passenger in the escort vehicle may act as a steerman. For purposes of this paragraph, "tillerman" means a person who is physically located on the CMV, has a valid commercial driver license and who operates by remote control or other means any axle of the CMV; "steerman" means a person who is not physically located on the CMV, not required to have a valid commercial driver license, and who operates by remote control or other means any axle of the CMV.
(e) Duties of escort vehicle operators.
(1) Traffic control. In the performance of duties as the operator of an escort vehicle, the operator is authorized to direct traffic to stop, slow down, or proceed in situations where such direction is necessary to allow traffic or the escorted vehicle or load to continue moving safely. Pilot/Escort operators must be trained and certified to perform the above duties according to MUTCD (Section 6E.01 Qualifications for Flaggers).
(A) The operator of the escort vehicle shall require the escorted vehicle or load to stop, and the escorted vehicle shall move as far off of the roadway as practicable and stop to allow other traffic to pass, under the following conditions:
(i) When the escorted vehicle or load becomes disabled.
(ii) When the movement of the escorted vehicle or load on a particular section of roadway presents a safety risk or unreasonable risk to or unreasonably interferes with the efficient movement of other traffic, based upon such factors as the widths of the escorted vehicle or load, roadway, volume of traffic, limited visibility, or mountainous terrain.
(iii) When driving conditions for the escorted vehicle or load are hazardous for any reason including weather.
(B) When the escorted vehicle or load stops, the escorted vehicle operator shall direct other traffic past the escorted vehicle or load as necessary until such time as the escorted vehicle or load can reenter the roadway and continue moving without presenting a safety risk or unreasonably interfering with efficient movement of other traffic.
(C) Escort vehicle operators when performing escort duties shall have their driver's license and escort certification on their person and present them for inspection at the request of any law enforcement officer.
(2) Escort vehicle operation.
(A) The operator of an escort vehicle must comply with all applicable traffic laws of this state and with the requirements of this Chapter when escorting a vehicle on all routes of the state highway system, including but not limited to the Dwight D. Eisenhower National System for Interstate and Defense Highways, all turnpikes, and such other roads, streets, or public ways that the Oklahoma Department of Transportation shall deem appropriate.
(B) On two-lane highways, the first escort vehicle will travel far enough to the front and the second escort vehicle, if required, will travel far enough to the rear of the escorted vehicle or load to timely warn approaching motorists. On multi-lane highways, the first escort vehicle will travel far enough to the rear of the escorted vehicle or load to timely warn motorists approaching from the rear.
(C) The operator of an escort shall not:
(i) possess, use, or be under the influence of alcohol, or have any measurable alcohol concentration within four (4) hours before or at any time while operating or in actual physical control of any escort vehicle.
(ii) use alcohol or be under the influence of alcohol within four (4) hours before going on duty or while operating or having actual physical control of an escort vehicle; or
(iii) use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of an escort vehicle.
(iv) Operate an escort vehicle and be in possession of wine, beer, or distilled spirits.
(v) be on duty and possess, be under the influence of, or use, any of the following drugs or other substances:
(I) Any Title 63 O.S. §2-204 Schedule I substance;
(II) An amphetamine or any formulation thereof;
(III) A narcotic drug or any derivative thereof; or
(IV) Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.
(f) Insurance. Each certified escort vehicle operator who operates in interstate commerce, and on and after August 1, 2012, each certified escort vehicle operator, shall maintain a valid insurance policy issued by an insurance company currently authorized to issue policies of insurance covering risks in the State of Oklahoma, and proof of insurance shall be carried in the escort vehicle at all times. The insurance policy shall protect the public against loss of life, bodily injury to persons, and damage to property, as evidenced by a current certificate of insurance, including any applicable endorsement, which indicates that the operator, or the operator's employer, has in full force and effect insurance coverage for bodily injury or property damage, or both, as a result of the operation of the escort vehicle or of the actions of escort vehicle operator, or of both, causing the bodily injury or property damage, or both, arising out of an act or omission by the escort vehicle operator relating to the escort duties required by this chapter. The insurance shall be no less than $1,000,000 combined single limit or $1,000,000 per occurrence, or both, of commercial liability coverage, as applicable, and must be maintained at all times during the term of the certification.
730:50-5-17. Certification of operators of escort vehicles for hire [AMENDED]
(a) Requirements. Every person who drives an escort vehicle for hire to escort a permitted over-dimensional load or vehicle in this state must be certified by the Department of Transportation. To be certified, the person must meet the following requirements:
(1) Be at least eighteen (18) years of age.
(2) Possess a valid driverdriver's license from the state or jurisdiction in which the person is a resident.
(3) Submit an application for certification to the Size and Weight Permit Division of the Department of TransportationTransportation's Size and Weight Division on the form provided by the Department of Transportation. The application must contain all required information including a driving record issued within the immediately preceding thirty (30) days.
(4) Attend a course in escort vehicle certification, as prescribed by the Department of Transportation, and successfully pass the escort vehicle certification examination.
(b) Course and examination. The course will be taught by the Oklahoma State University College of Engineering, Architecture and Technology (CEAT). Courses will be taught at locations throughout the state. Class size shall be determined by the Oklahoma State University CEAT.
(c) Certification. The Department of Transportation will grant a certification card to any person who completes an escort vehicle course prescribed by the Department of Transportation, passes the escort vehicle certification examination with a score of seventy-five percent (75%) or higher, and satisfies all other requirements.
(1) The term of the certification shall be for a maximum period of five (5) years, subject to subsection (d), and shall expire automatically five (5) years after the date of issuance. Upon expiration of the certification, the operator must again comply with the requirements in (a)(1), (a)(2), (a)(3), and (a)(4) of this Section before the Department of Transportation will issue a new certificate.
(2) Operators must notify the Department of Transportation,'s Size and Weight Permit Division in writing within thirty (30) days of any change of address or name.
(d) Denial or withdrawal of certification. The following circumstances shall result in denial or withdrawal of certification:
(1) Failure to satisfy the requirements of or failure to give required or correct information on the application for certification as an escort vehicle operator, or the commission of any fraud in making the application.
(2) Violation of rules established by the certifying state.
(3) Suspension, revocation, cancellation, or denial of the driver license of the certified operator. The certified operator shall notify the Department of Transportation, Size and Weight Permit Division, within five (5) days of any such suspension, revocation, cancellation, or denial, and shall provide the Division a copy of the Order from the Department of Public Safety documenting the suspension, revocation, cancellation, or denial of the driver license.
(e) Hearing. Any party aggrieved by the denial or withdrawal of certification under this Section may request a hearing, in writing, with the Department of Transportation by sending the hearing request to the Office of General Counsel, 200 N.E. 21st, Oklahoma City, OK 73105.
(f) Certification by other states. An escort vehicle operator shall possess an Oklahoma certification, unless the escort vehicle operator is a resident of a state other than Oklahoma which has a reciprocal agreement with Oklahoma recognizing escort vehicle operator certifications issued by that state [47 O.S., §14-120.1(E)] and is in possession of a current escort vehicle operator certification issued by that state. Under all circumstances, an escort vehicle operator who is an Oklahoma resident shall have an Oklahoma certification.
730:50-5-18. Oversize vehicles and loads [AMENDED]
(a) General. Permitted oversize vehicles and loads shall be subject to the following conditions and restrictions:
(1) The applicant for a permit must provide the length, height, and width of the vehicle or combination of vehicles and load requiring a permit.
(2) Date and time of travel shall be permitted as provided for in 47 O.S. §14-101 and in 730:50-5-1.
(3) Certain highways and areas may be designated for use or prohibited from use for a limited time, due to events which would impede traffic conditions.
(4) An escort vehicle or vehicles will be required as provided in (b) of this Section or as provided in 730:50-5-19 for manufactured homes.
(b) Escorts for oversize loads.
(1) Loads greater than twelve (12) feet in width but not more than fourteen (14) feet in width are required to be accompanied by a front escort vehicle on two-lane highways and on super two-lane highways and by a rear escort on multi-lane highways with the required "Oversize Load" sign and flagging on the front of the towing vehicle and on the rear of the load or the towed vehicle, whichever extends the farthest.
(2) Loads more than fourteen (14) feet in width are required to be accompanied by two (2) escort vehicles, one in the front and one in the rear, on two-lane highways or super two-lane highways. A rear escort is required on all multi-lane highways. All loads more than sixteen (16) feet in width are required to be accompanied by two (2) escort vehicles, one in the front and one in the rear, on all roads and highways. The required "Oversize Load" sign and flagging is required on the front of the towing vehicle and on the rear of the load or the towed vehicle, whichever extends the farthest.
(3) Loads with an overall height of fifteen (15) feet and nine (9) inches or more are required to be accompanied by two (2) escort vehicles, one in the front and one in the rear. The required "Oversize Load" sign and flagging is required on the front of the towing vehicle and on the rear of the load or the towed vehicle, whichever extends the farthest. All public utilities and railroads along the route must be contacted in advance of the move by the permittee. Measuring Pole (Height Pole) shall be meet the requirements as provided by in730:50-5-16(8).
(4) A truck-tractor/,semi-trailer, or any other combination of vehicles which is more than eighty (80) ninety (90) feet in overall length is required to be accompanied by one front escort on two-lane highways. A combination other than a truck-tractor/semi-trailer which is more than eighty (80) feet in overall length is required to be accompanied by one front escort on two-lane highways or super two-lane highways.
(5) A truck-tractor/semi-trailer combination or any other combination of vehicles which is more than one hundred (100) feet in overall length is required to be accompanied by two (2) escort vehicles, one in the front and one in the rear, on two-lane highways and super two-lane highways.
730:50-5-19. Manufactured homes and industrialized housing [AMENDED]
(a) General provisions for manufactured homes. Permits for movement of manufactured homes and industrialized housing shall require the "Oversize Load" sign and flagging in accordance with 730:50-5-15. Other requirements are:
(1) Oversize movement is subject to the provisions of 47 O.S. §14-101 and 730:50-5-1(1).
(2) The towing vehicle must be at least fourteen (14) feet from bumper to bumper, or have a wheelbase of at least one hundred eighteen (118) inches to tow a manufactured home or industrialized housing at least twelve (12) feet but not more than sixteen (16) feet in width. All towing vehicles must have dual wheels on the drive axles. If the manufactured home is less than twelve (12) feet wide, the towing vehicle must be a truck of at least three-quarter (3/4) ton capacity. If the manufactured home is twelve (12) feet wide or more, the towing vehicle must be of at least two (2) ton capacity.
(3) Red flags and the "Oversize Load" sign are required as provided in 730:50-5-15.
(b) Manufactured homes not more than ten (10) feet wide. Manufactured homes not more than ten (10) feet wide and with an overall length which exceeds seventy (70) feet are required to have an overwidth permit. The towing vehicle must be a truck with a rated capacity of three-quarter (3/4) ton or more. The regulation "Oversize Load" sign and flagging are required, as provided in 730:50- 5-15. An "Oversize Load" sign shall be placed on the front of the towing vehicle and the rear of the manufactured home.
(c) Manufactured homes at least twelve (12) feet wide but not more than fourteen (14) feet wide. For manufactured homes at least twelve (12) feet wide but not more than fourteen (14) feet wide, the towing vehicle must be a truck of at least two (2) ton rated capacity, with dual rear wheels. A front escort is required on all two-lane and super two-lane roads and highways. A rear escort is required on all multi-lane highways. The regulation "Oversize Load" sign and flagging are required, as provided in 730:50-3-15. An "Oversize Load" sign shall be placed on the front of the towing unit and the rear of the manufactured home. The towing vehicle must maintain a minimum speed of 40 mph on all multi-lane highways if conditions are favorable. The load must not extend more than one foot on each side at the eaves.
(d) Manufactured homes more than fourteen (14) feet wide but not more than eighteen (18) feet wide. ManufacturesManufacture homes more than fourteen (14) feet wide but not more than eighteen (18) feet wide will be issued permits in accordance with 47 O.S. §14-103(A). The towing vehicle must be a truck of at least two (2) ton rated capacity, with dual rear wheels. Both front and rear escorts are required on all two-lane and super two-lane roads and highways. A rear escort is required on all multi-lane highways. The regulation "Oversize Load" sign and flagging are required, as provided in 730:50-5-15. An "Oversize Load" sign shall be placed on the front of the towing unit and the rear of the manufactured home. Manufactured homes of this width will not be permitted to travel on any turnpike but will be permitted on the Dwight D. Eisenhower System of Interstate and Defense Highways. The towing vehicle must maintain a minimum speed of 40 mph on all multi-lane highways if conditions are favorable. The load must not extend more than one foot on each side at the eaves.
(e) Manufactured homes more than eighteen (18) feet wide. Manufactured homes more than eighteen (18) feet will be issued permits in accordance with 47 O.S. § 14-103(A). Manufactured homes more than eighteen (18) feet shall not be permitted for movements on the Dwight D. Eisenhower System of interstate and defense highways. The towing vehicle must be a tandem-axle truck of not less than two hundred twenty (220) horsepower. Both front and rear escorts are required on all two-lane and super two-lane roads and highways. A rear escort is required on all multi-lane highways. The regulation "Oversize Load" sign and flagging are required on the front of the towing unit and the rear of the manufactured home. Manufactured homes of this width will not be permitted to travel on any turnpike. The towing vehicle must maintain a minimum speed of 40 mph on all multi-lane highways if conditions are favorable. The load must not extend more than one foot on each side at the eaves.
730:50-5-20. Portable buildings [AMENDED]
Movement of portable buildings requires the following:
(1) The towing vehicle for portable buildings not exceeding fourteen (14) feet in width shall be any type of truck. For portable building exceeding fourteen (14) feet in width, but not exceeding sixteen (16) feet in width, the towing vehicle must be at least a ¾-ton truck.
(2) Portable buildings must meet the same provisions for escorts and the regulation "Oversize Load" sign and flagging, as provided in 730:50-5-15, as are required for manufactured homes [see 730:50-5-19 regarding these provisions].
730:50-5-21. Industrialized housing, houses, and buildings [AMENDED]
Permits for house or building movement will be issued in accordance with 47 O.S. §14-103(C).
(1) The maximum width will not exceed thirty-two (32) feet at the base and thirty-four (34) feet at the top. The height shall not exceed twenty-one (21) feet on any state or federal highway.
(2) Travel shall be on highways and at times and dates determined by the Department of Transportation and consistent with public convenience and safety, as specified on the permit. Permits will be issued in accordance with 47 O.S. §14- 101 et seq.; provided, the structures shall not be moved on Saturday or Sunday.
(3) Loads which are fourteen (14) feet or more in width, or in excess of eighty (80) feet in overall length must have two (2) escorts with a flag person.
(4) House movers will be required to notify any railroad company across whose railroad a house or building is to be moved of the date, time of the anticipated crossing and obtain the train schedule. In all cases when overhead lines are present and the load is fifteen (15) feet and nine (9) inches or more in height, the house mover will be required to notify any affected utility or railroad company in advance of the anticipated move, so overall safety measures can be taken, and flag person(s) can be provided.
(5) Any structure in excess of sixteen (16) feet in width, the towing unit shall be a tandem-axle truck of no less than two hundred twenty (220) horsepower.
730:50-5-23. Unitized equipment [REVOKED]
730:50-5-24. Special mobilized machinery [REVOKED]
SUBCHAPTER 7. SPECIAL COMBINATION VEHICLES [AMENDED]
730:50-7-1. General provisions [AMENDED]
(a) Defined. Special combination vehicles are defined and subject to 47 O.S. § 14-121, and the Department of Transportation rules pertaining to the movement of oversized and/or overweight vehicles and loads within this state. Annual permits issued shall be specific to the power unit.
(b) Return to Department of Transportation. Any operator that disposes of or removes a Special Combination Vehicle from operation shall return the issued permit for that particular vehicle to the Department.
(c) Service of notice. Any notice required by law or by the rules of the Department of Transportation to be served upon any holder of a Special Combination Vehicle Permit shall be served personally or mailed to the last known address of such person as reflected by the records on file with the Department of Transportation. Notice is deemed complete ten (10) days after mailing. It is the duty of every permit holder to notify the Department of TransportationTransportation's Size and Weight Division, in writing, as to any change in the address of such person or his principal place of business.
730:50-7-2. Issuance of permits [AMENDED]
The requirements for issuance of special combination vehicle permits are the following:
(1) Where to apply. Application shall be made to the Director of the Size and Weight Permit Division, Department of TransportationTransportation's Size and Weight Permit Office, 200 N.E. 21st Street, Oklahoma City, Oklahoma, 73105, on a form prescribed by the Department.
(2) Cost. A completed and signed application will be accompanied by a tender of for an annual fee of Two Hundred Forty Dollars ($240.00) for each permit issued.
(3) Number. One permit is required for each special combination vehicle.
(4) Expiration. Permits will expire one year from the date of issuance.
(5) Refunds. Refunds for unused portions of issued permits will not be made.
(6) Renewal. The filing of an application for permit or renewal of same does not authorize operation. Operation may only commence after the issuance of a permit by the Department of Transportation.
730:50-7-3. Denial, modification, suspension, and revocation of permits [AMENDED]
(a) Failure to qualify. The Department of Transportation may deny or cancel a permit of any applicant or current permit holder who fails to qualify for the issuance of a permit as provided in this Chapter, Oklahoma Tax Commission rules or State Lawstate law.
(b) Violation. The Department of Transportation may deny, cancel, modify, suspend or revoke a permit of any holder who has committed a violation of any of the provisions of this Chapter.
(c) Minor disqualification. Where the Department of Transportation determines that minor disqualification and/or violation exists which may be readily rectified by the applicant, holder or driver, the Department of Transportation may informally notify such party by mail or telephone of such minor disqualification or violation, with a request for compliance within a specified period of time. If such party fails to rectify the minor disqualification or violation, the Department of Transportation may proceed according to other provisions of this Chapter, and 730:50-5-9(f) which states: Failure to comply with any of the provisions of this Section shall constitute grounds for the immediate suspension or revocation of the Annual Operating Permit in a manner prescribed by the Executive Director of the Department of Transportation. Any suspension of said permit shall remain in effect for a period of not less than six (6) months. Any revocation of said permit shall be for a period of not less than one (1) year. [OAC 730:50-5-9(f)].
(d) Denial. In addition to all other provisions of this subchapter any Special Combination Vehicle Permit may be denied, suspended, revoked, or modified, in whole or in part when:
(1) The applicant makes a false statement on the application for a permit.
(2) The applicant fails to provide valid and applicable information on the application for a permit.
(3) The applicant fails to submit the applicable permit fee as required.
(4) The Department of Transportation determines that the applicant cannot comply with the requirements of this Chapter, Oklahoma Tax Commission rules or State Law.
(5) The applicant failed to comply with or obtain a previous Special Combination Vehicle Permit.
(e) Procedures. In the event that the Department of Transportation has determined that a permit should be denied, suspended, revoked or canceled for any reason, the following procedures shall apply. [75 O.S. §301 et seq.]:
(1) The Department of Transportation shall send written notice containing all information required [75 O.S §309] to the concerned applicant or permit holder. Notice will be made as provided in 47 O.S §2-116. Notice will set forth the specific reasons for and the particular action which will be taken.
(2) The notice shall provide that the Department of Transportation action shall become effective twenty (20) days after mailing unless the licensee timely files a written request for a hearing with the Department of Transportation's Size and Weight Permit Division. Such request shall be timely when filed prior to the effective date of the Department of Transportation action.
(3) If a timely hearing is requested, such hearing shall be scheduled not less than seven (7) days nor more than fifteen (15) days from the date the Department of Transportation receives the request. The hearing will be held at the Department of Transportation Size and Weight Permit Division in Oklahoma City or at another location set by the Department of Transportation and agreeable to all parties.
(4) A hearing officer shall be designated by the Executive Director of the Department of Transportation and each party shall be afforded an opportunity to be heard and to present evidence. [75 O.S. Section §304, et seq.]
(5) The scope of the hearing shall be confined to the specific reasons for the particular action, all of which will be set forth in the notice letter.
(6) The hearing officer shall render a decision thereon based upon the law and evidence presented.
(7) The decision of the hearing officer becomes final after ten (10) days from the date of its entry, unless written request under the provisions of 75 O.S §317, is timely made.
(8) If the applicant or permit holder fails to appear at the scheduled hearing without good cause, the hearing officer shall record the nonappearance and enter an order reflecting the effective date.
(9) If the Department of TransportationTranspotation's representative fails to appear without good cause, the hearing officer shall record the nonappearance and enter an order of dismissal of the Department of TransportationTransportation's action; such order of dismissal shall be without prejudice if the basis for the action constitutes noncompliance or a continuing violation of the rules of this Chapter.
(10) Where a timely written request for a rehearing, reopening or reconsideration of the case is received, the Department of TransportationTransportation's action shall be stayed until a final order has been entered, except as provided in (11) of this Subsection.
(11) Department of Transportation action shall become effective immediately where:
(A) An original application for a permit is denied for failure to qualify.
(B) The Department of Transportation finds that the health, safety, or welfare of the public imperatively requires such action and a finding to the effect is incorporated in its order. [75 O.S §314].
(12) Each party shall be notified of each action taken by the hearing officer.
730:50-7-4. Equipment requirements [AMENDED]
Each licensee shall insure that the operation of special combination vehicles complies with the following rules in addition to other equipment requirements established by state or federal laws or rules:
(1) Power. All truck-tractors shall be powered to provide adequate acceleration and hill climbing ability under normal operating conditions, and to operate on level grades at speeds compatible with other traffic. The ability to maintain a minimum speed of 40 mph under normal operating conditions on any grade over which the combination is operated is required.
(2) Traction. All truck-tractors shall have adequate traction to maintain a minimum speed of 20 mph under normal operating conditions on any grade over which the combination is operated and to be able to resume a speed of 20 mph after stopping on any such grade and, except in extreme road or weather conditions, to negotiate at any speed all grades encountered.
(3) Tires. Stiff sidewall tires are recommended. Adequate treadtreads and safe conditionconditions is are required.
(4) Fifth wheel. A heavy duty fifth wheel is required. All fifth wheels must be clean and lubricated with a light duty grease at all times while operating in this state.
(5) Pick-up plates. Pick-up plates must be of equal strength to the fifth wheel.
(6) King pin. The kingpin must be of a solid type and permanently fastened. Screw out or folding type kingpins are prohibited.
(7) Pintle hook and eye. All hitch connections must be of a no-slack type, preferably air actuated ram. Air actuated hitches which are isolated from the primary air transmission system are recommended.
(8) Drawbar. The length of the drawbars (a beam which serves as a point of connection for some trailers) shall be consistent with the clearance required between trailers for turning and backing maneuvers.
(9) Axles. Axles must be those designed for the width of the body.
(10) Brakes. All braking systems must comply with state and federal requirements. In addition, fast air transmission and release valves must be provided on all trailers, semi-trailers and converter dolly axles. A brake force limiting valve, sometimes called a "slippery road" valve may be provided on the steering axle if Federal Motor Carrier Safety regulations would so allow. Indiscriminate use of engine retarder brakes is prohibited.
(11) Mud flaps or splash guards. As required by state law. [47 O.S. §12-405.3]
730:50-7-5. Operation of special combination vehicles [AMENDED]
The procedures established below shall be followed when operating a special combination vehicle in this state:
(1) Minimum distance. A minimum distance of 500 feet shall be maintained between Special Combination Vehicles and other vehicles except when overtaking and passing. Except when passing another vehicle in the same direction, or when emergency conditions exist, a Special Combination Vehicle shall remain at all times in the right-hand outside lane.
(2) Disabled vehicle. In the event a Special Combination Vehicle is disabled for any reason other than an accident, it shall be parked as far off the travelled roadway as possible and proper warning devices displayed as required by state law.
(3) Explosives, poisons and radioactive materials. Transportation by Special Combination Vehicles of Class A and B explosives, Class A poisons and Class 1, 2 and 3 radioactive material or any other Material deemed to be unduly hazardous by the Department of Transportation is prohibited. This prohibition does not include the transportation of gasoline, fuel, oil or heating oil, or such petroleum products.
730:50-7-7. Weight [AMENDED]
The total weight on any single axle shall not exceed 20,000 pounds. The total axle weight on any tandem axle shall not exceed 34,000 pounds. The total weight on any group of two or more consecutive axles shall not exceed the amounts shown in 23 U.S.C Section §27. All Special Combination Vehicles must be properly registered.
APPENDIX A. DUAL LANE AXLES [AMENDED]
[OAR Docket #26-455; filed 6-8-26]
TITLE 748. Oklahoma Uniform Building Code Commission
CHAPTER 17. EDUCATION AND TRAINING
[OAR Docket #26-443]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Regional Training
748:17-1-2. Definitions [AMENDED]
748:17-1-3. Regional continuing educationtraining courses [AMENDED]
748:17-1-4. Regional Training held or sponsored by the OUBCC [AMENDED]
748:17-1-5. Regional training sponsored by a private organization, association, or group [NEW]
748:17-1-6. Workforce Development [NEW]
AUTHORITY:
Oklahoma Uniform Building Code Commission; O.S. 1000.23 (D), (E) and 1000.24
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 4, 2025
COMMENT PERIOD:
December 1, 2025 through January 5, 2026
PUBLIC HEARING:
January 13, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 23, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1091
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
SUBCHAPTER 1. Regional Training
748:17-1-2. [AMENDED]
748:17-1-3. [AMENDED]
748:17-1-4. [AMENDED]
748:17-1-5. [NEW]
748:17-1-6. [NEW]
748:17-1-2. [AMENDED]
748:17-1-3. [AMENDED]
748:17-1-4. [AMENDED]
748:17-1-5. [NEW]
748:17-1-6. [NEW]
Gubernatorial Approval:
December 8, 2025
Register Publication:
43 Ok Reg 389
Docket Number:
25-1062
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
These rules revise and add definitions for the chapter in Section 748:17-1-2. Amend the title of section 748:17-1-3. Clarify training held by the OUBCC may include workforce development training; add notice that fees directly related to the training may be passed to attendees other than code officials; and clarify the OUBCC will, upon request of any attendee, seek to obtain continuing education credit approvals from other qualifying agencies or entities. Add new language in Section 748:17-1-5 allowing the OUBCC to sponsor training with other private organizations, associations or groups and provide a framework for that sponsorship. And in 748:17-1-6, clarify that the OUBCC has been given the responsibility and authority to create a Workforce Development Program(s) for the purpose of increasing the number of available code officials in Oklahoma and will form a Commission Committee to develop such policies and procedures for that program(s).
CONTACT PERSON:
Kathy Hehnly, Executive Assistant, 405-521-6501, Kathy.Hehnly@oubcc.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. REGIONAL TRAINING
748:17-1-2. Definitions [AMENDED]
The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act" means the Oklahoma Uniform Building Code Commission Act, 59 O.S.2011 & Supp. 2014, §1000.20-1000.291000.30, as amended.
"Association" means any private organization, association or group.
"Attendee" means any person participating from time to time in Regional Training for Residential Building Code Inspectors, and Commercial Building Code Inspectors, and state and local governmental construction industry personnel affected by the codes adopted by the commission including but not limited to code enforcement personnelofficials, design professionals and trade workers.
"Authority Having Jurisdiction" means an organization, office, or individual responsible for enforcing the requirements of the State Adopted Building Codes, including the prior authorization for approval of any equipment, materials, installations or procedures used in all or part of the construction of a new, or the alteration or renovation of an existing building or structure, including integral finishes, fixtures and building systems therein.
"Code Official" means any person who on behalf of an Authority Having Jurisdiction enforces building and building related codes and other regulations to protect public health, safety and welfare.
"Inspections" means the examination of plumbing, electrical, mechanical, structural, and other aspects of building and construction, for the purpose of enforcing compliance with applicable state adopted building codes or standards.
"Regional Training" means continuing education training in theResidential Building Code Inspectors, and Commercial Building Code Inspectors, and state and local governmental code enforcement construction industry personnel affected by the codes adopted by the commission including but not limited to code officials, design professionals and trade workers, where the State of Oklahoma may be divided into such districts or units as the OUBCC deems desirable for efficiency, and which districts or units may be revised by the OUBCC as it finds necessary or expedient.
"State Adopted Building Codes" means any legally applicable building code currently in force and effect in the State of Oklahoma or a governing jurisdiction until superseded by a code adopted by the OUBCC.
"Workforce Development Training" means educational and skill building initiatives that enhance the number of available code officials in Oklahoma.
748:17-1-3. Regional continuing educationtraining courses [AMENDED]
Pursuant to §1000.23(D) of the Act, the OUBCC shall offer or provide Regional Training opportunities for Attendees, on such subjects, in such quantity or number, and in such manner as the OUBCC deems necessary or expedient.
748:17-1-4. Regional Training held or sponsored by the OUBCC [AMENDED]
(a) All Regional Training shall be held either by the OUBCC itself or sponsored by the OUBCC in cooperation with an Association shall be offered at no cost to the attendee Code Officials. Regional Traiing may include Workforce Development Training.
(b) In connection with any Regional Training held by the OUBCC itself or sponsored by the OUBCC in cooperation with an Association, there may be optional charges and the attendee can choose to pay for items that may include, but are not limited to, workbooks, light refreshments, coffee breaks, and meals. Such optional charges, if any, shall be offered and provided at the cost paid by the OUBCC or an Association to supply the item(s).
(c) A fee may be assessed to all attendees other than code officials and shall be directly associated with the cost of the training.
748:17-1-5. Regional training sponsored by a private organization, association, or group [NEW]
(a) Within its discretion, the OUBCC may determine to provide reimbursement to an Association for sponsoring and providing Regional Training for Attendees, provided that such request for reimbursement is made in writing to the OUBCC and is received by the OUBCC not less than 120 days prior to the date(s) requested for the course.
(b) Associations seeking such OUBCC reimbursement must meet the qualifications listed in 748:17-1-4 and provide the following to the OUBCC:
(1) Complete the application form provided by the OUBCC to include, but not be limited to, the following required information:
(A) Association Name;
(B) Two authorized Association Contact Names, Titles (signifying their respective authority to obligate the Association), respective mailing addresses, telephone numbers and e-mail addresses;
(C) Date and location of the Regional Training for which reimbursement will be requested;
(D) Name of the Regional Training instructor and vendor that will be providing the training for the course;
(E) The requested amount of reimbursement; and
(F) Such other information deemed necessary or convenient by the OUBCC.
(2) Complete the Letter of Agreement in the form provided by the OUBCC that will contain, among other things, two signatures from such persons as are authorized by the Association to obligate the Association to meet the requirements of the Letter of Agreement.
(c) Associations seeking OUBCC reimbursement will be reimbursed only the amount the vendor charges the Association for providing the regional continuing education instructor.
(d) Associations seeking OUBCC reimbursement shall not charge attendees any fee solely for attending the Regional Training.
(e) Associations seeking OUBCC reimbursement shall not limit Regional Training attendance solely to members of its Association.
(f) Associations seeking OUBCC reimbursement may be reimbursed by its membership or individual course attendees for costs incurred for supplying or providing all the required course workbooks plus costs for shipping, handling, and taxes (if any), and any costs associated with providing light or other refreshments, meals, coffee breaks, sporting or other events held within a conference in which the Regional Training is held and any other goods and services as the Association may in its own discretion choose to offer or provide, including, but not limited to membership dues of the Association.
(g) Any Regional Training to be reimbursed by the OUBCC shall include instruction in the applicable code amendments adopted by the OUBCC through its rulemaking process as the State Adopted Building Codes.
(h) Any Association seeking OUBCC reimbursement shall provide appropriate public disclosure of all arrangements with the OUBCC in its promotional materials and at the Regional Training.
(i) Any Association seeking OUBCC reimbursement is solely responsible for and shall seek continuing education credits, if any, from the Construction Industries Board or from any other agency or entity, for the purpose of licensing or certification. It is the responsibility of the Association to meet and comply with requirements of agencies and entities providing continuing education credits prior to approval for a course.
(j) Only those Regional Training courses that have been pre-approved by the OUBCC shall be reimbursed in arrears after the course has actually been conducted.
(k) The OUBCC will not reimburse the Association for any unapproved courses, cancelled courses, or courses that are in any other way changed from that approved by the OUBCC.
(l) All attendees in Regional Training sponsored by the OUBCC in cooperation with an Association seeking OUBCC reimbursement must sign in to document their attendance in the Regional Training on a form provided by the OUBCC in order to qualify for OUBCC reimbursement. Such form must be properly completed and provided to the OUBCC before reimbursement from the OUBCC will be considered or made.
(m) Upon an attendee’s successful completion of a Regional Training course, a certificate shall be issued to each attendee by the Association to certify such course completion signed by an appropriate official of the Association or his or her designee.
748:17-1-6. Workforce Development [NEW]
(a) The Commission has the responsibility and authority to create a Workforce Development Program(s) for the purpose of increasing the number of available Code Officials in Oklahoma.
(b) The Commission shall establish a standing committee to develop policies and procedures for such Workforce Development Program(s).
(b) The Commission shall establish a standing committee to develop policies and procedures for such Workforce Development Program(s).
[OAR Docket #26-443; filed 6-1-26]
TITLE 748. Oklahoma Uniform Building Code Commission
CHAPTER 20. ADOPTED CODES [AMENDED]
[OAR Docket #26-452]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 2. IBC® 20182024 [AMENDED]
748:20-2-1. Adoption of the International Building Code®, 2018 Edition (IBC® 20182024 Edition (IBC® 2024) [AMENDED]
748:20-2-2. Effect of Adoption [AMENDED]
748:20-2-3. IBC® 20182024 and Other Appendices [AMENDED]
748:20-2-4. IBC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-2-6. IBC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-2-7. IBC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-2-8. IBC® 20182024 Chapter 3 Use and Occupancy Classification [AMENDED]
748:20-2-9. IBC® 20182024 Chapter 4 Special Detailed Requirements Based on Use and Occupancy [AMENDED]
748:20-2-10. IBC® 20182024 Chapter 5 General Building Heights and Areas [AMENDED]
748:20-2-12. IBC® 2018 Chapter 7 Fire and Smoke Protection Features [REVOKED]
748:20-2-14. IBC® 20182024 Chapter 9 Fire Protection Systems [AMENDED]
748:20-2-15. IBC® 20182024 Chapter 10 Means of Egress [AMENDED]
748:20-2-16. IBC® 2024 Chapter 11 Accessibility [NEW]
748:20-2-20. IBC® 20182024 Chapter 15 Roof Assemblies and Rooftop Structures [AMENDED]
748:20-2-21. IBC® 20182024 Chapter 16 Structural Design [AMENDED]
748:20-2-22. IBC® 2018 Chapter 17 Special Inspections and Tests [REVOKED]
748:20-2-23. IBC® 20182024 Chapter 18 Soils and Foundations [AMENDED]
748:20-2-28. IBC® 2018 Chapter 23 Wood [REVOKED]
748:20-2-32. IBC® 2018 Chapter 27 Electrical [REVOKED]
748:20-2-34. IBC® 20182024 Chapter 29 Plumbing Systems [AMENDED]
748:20-2-36. IBC® 2018 Chapter 31 Special Construction [REVOKED]
748:20-2-37. IBC® 20182024 Chapter 32 Encroachments into the Public Right-of-Way [AMENDED]
748:20-2-38. IBC® 2024 Chapter 33 Safeguards During Construction [NEW]
748:20-2-40. IBC® 20182024 Chapter 35 Referenced Standards [AMENDED]
Subchapter 4. IFC® 20182024 [AMENDED]
748:20-4-1. Adoption of the International Fire Code®, 2018 Edition (IFC® 20182024 Edition (IFC® 2024) [AMENDED]
748:20-4-2. Effect of Adoption [AMENDED]
748:20-4-3. IFC® 20182024 and Other Appendices [AMENDED]
748:20-4-4. IFC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-4-6. IFC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-4-7. IFC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-4-8. IFC® 20182024 Chapter 3 General Requirements [AMENDED]
748:20-4-9. IFC® 2018 Chapter 4 Emergency Planning and Preparedness [REVOKED]
748:20-4-10. IFC® 20182024 Chapter 5 Fire Service Features [AMENDED]
748:20-4-11. IFC® 20182024 Chapter 6 Building Services and Systems [AMENDED]
748:20-4-14. IFC® 20182024 Chapter 9 Fire Protection Systems [AMENDED]
748:20-4-15. IFC® 20182024 Chapter 10 Means of Egress [AMENDED]
748:20-4-16. IFC® 20182024 Chapter 11 Construction Requirements for Existing Buildings [AMENDED]
748:20-4-17. IFC® 2018 Chapter 12 Energy Systems [REVOKED]
748:20-4-28. IFC® 20182024 Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages [AMENDED]
748:20-4-38. IFC® 2024 Chapter 33 Fire Safety during Construction and Demolition [NEW]
748:20-4-44. IFC® 20182024 Chapter 39 Processing and Extraction Facilities [AMENDED]
748:20-4-58. IFC® 20182024 Chapter 53 Compressed Gases [AMENDED]
748:20-4-60. IFC® 20182024 Chapter 55 Cryogenic Fluids [AMENDED]
748:20-4-62. IFC® 20182024 Chapter 57 Flammable and Combustible Liquids [AMENDED]
748:20-4-66. IFC® 20182024 Chapter 61 Liquefied Petroleum Gases [AMENDED]
748:20-4-85. IFC® 20182024 Chapter 80 Referenced Standards [AMENDED]
748:20-4-86. Appendix OP, Egress Path Markings for Existing Buildings [AMENDED]
Subchapter 6. IRC® 20182024 [AMENDED]
748:20-6-1. Adoption of International Residential Code® 2018 (IRC® 20182024 (IRC® 2024) [AMENDED]
748:20-6-2. Effect of Adoption [AMENDED]
748:20-6-3. IRC® 20182024 and Other Appendices [AMENDED]
748:20-6-4. IRC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-6-6. IRC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-6-7. IRC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-6-8. IRC® 20182024 Chapter 3 Building Planning [AMENDED]
748:20-6-9. IRC® 20182024 Chapter 4 Foundations [AMENDED]
748:20-6-10. IRC® 20182024 Chapter 5 Floors [AMENDED]
748:20-6-11. IRC® 20182024 Chapter 6 Wall Construction [AMENDED]
748:20-6-12. IRC® 20182024 Chapter 7 Wall Covering [AMENDED]
748:20-6-13. IRC® 20182024 Chapter 8 Roof-Ceiling Construction [AMENDED]
748:20-6-14. IRC® 20182024 Chapter 9 Roof Assemblies [AMENDED]
748:20-6-15. IRC® 2018 Chapter 10 Chimneys and Fireplaces [REVOKED]
748:20-6-16. IRC® 20182024 Chapter 11 Energy Efficiency [AMENDED]
748:20-6-18. IRC® 2024 Chapter 13 General Mechanical System Requirements [NEW]
748:20-6-19. IRC® 20182024 Chapter 14 Heating and Cooling Equipment and Appliances [AMENDED]
748:20-6-20. IRC® 2024 Chapter 15 Exhaust Systems [AMENDED]
748:20-6-21. IRC® 20182024 Chapter 16 Duct Systems [AMENDED]
748:20-6-24. IRC® 2018 Chapter 19 Special Appliances, Equipment and Systems [REVOKED]
748:20-6-28. IRC® 20182024 Chapter 23 Solar Thermal Energy Systems [AMENDED]
748:20-6-29. IRC® 20182024 Chapter 24 Fuel Gas [AMENDED]
748:20-6-30. IRC® 20182024 Chapter 25 Plumbing Administration [AMENDED]
748:20-6-31. IRC® 20182024 Chapter 26 General Plumbing Requirements [AMENDED]
748:20-6-32. IRC® 20182024 Chapter 27 Plumbing Fixtures [AMENDED]
748:20-6-33. IRC® 20182024 Chapter 28 Water Heaters [AMENDED]
748:20-6-34. IRC® 20182024 Chapter 29 Water Supply and Distribution [AMENDED]
748:20-6-35. IRC® 20182024 Chapter 30 Sanitary Drainage [AMENDED]
748:20-6-39. IRC® 2018 Chapter 34 General Requirements (Electrical) [REVOKED]
748:20-6-41. IRC® 2024 Chapter 36 Services [NEW]
748:20-6-44. IRC® 2024 Chapter 39 Power and Lighting Distribution [NEW]
748:20-6-46. IRC® 2024 Chapter 41 Appliance Installation [NEW]
748:20-6-47. IRC 20182024® Chapter 42 Swimming Pools [AMENDED]
748:20-6-49. IRC® 20182024 Chapter 44 Referenced Standards [AMENDED]
748:20-6-50. Appendix UBP, Automatic Fire Systems [AMENDED]
748:20-6-51. Appendix VBQ, Swimming Pools, Spas, and Hot Tubs [AMENDED]
748:20-6-52. Appendix W, Energy Efficiency [REVOKED]
748:20-6-53. Appendix XBR, Residential Tornado Provisions [AMENDED]
Subchapter 8. IEBC® 20182024 [AMENDED]
748:20-8-1. Adoption of the International Existing Building Code®, 2018 Edition (IEBC® 20182024 Edition (IEBC® 2024) [AMENDED]
748:20-8-2. Effect of Adoption [AMENDED]
748:20-8-3. IEBC® 20182024 Appendices [AMENDED]
748:20-8-4. IEBC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-8-6. IEBC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-8-8. IEBC® 2024 Chapter 3 Provisions for all Compliance Methods [NEW]
748:20-8-10. IEBC® 2018 Chapter 5 Prescriptive Compliance Methods [REVOKED]
748:20-8-14. IEBC® 2018 Chapter 9 Alterations, Level 3 [REVOKED]
748:20-8-15. IEBC® 20182024 Chapter 10 Change of Occupancy [AMENDED]
748:20-8-16. IEBC® 2018 Chapter 11 Additions [REVOKED]
748:20-8-20. IEBC® 2024 Chapter 15 Construction Safeguards [NEW]
748:20-8-21. IEBC® 20182024 Chapter 16 Referenced Standards [AMENDED]
Subchapter 12. IFGC® 20182024 [AMENDED]
748:20-12-1. Adoption of the International Fuel Gas Code®, 2018 Edition (IFGC® 20182024 Edition (IFGC® 2024) [AMENDED]
748:20-12-2. Effect of Adoption [AMENDED]
748:20-12-3. IFGC® 20182024 Appendices [AMENDED]
748:20-12-4. IFGC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-12-6. IFGC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-12-7. IFGC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-12-8. IFGC® 20182024 Chapter 3 General Regulations [AMENDED]
748:20-12-9. IFGC® 20182024 Chapter 4 Gas Piping Installations [AMENDED]
748:20-12-13. IFGC® 20182024 Chapter 8 Referenced Standards [AMENDED]
Subchapter 14. IMC® 20182024 [AMENDED]
748:20-14-1. Adoption of the International Mechanical Code®, 2018 Edition (IMC® 20182024 Edition (IMC® 2024) [AMENDED]
748:20-14-2. Effect of Adoption [AMENDED]
748:20-14-3. IMC® 20182024 Appendices [AMENDED]
748:20-14-4. IMC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-14-6. IMC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-14-8. IMC® 20182024 Chapter 3 General Regulations [AMENDED]
748:20-14-10. IMC® 20182024 Chapter 5 Exhaust Systems [AMENDED]
748:20-14-11. IMC® 20182024 Chapter 6 Duct Systems [AMENDED]
748:20-14-13. IMC® 2018 Chapter 8 Chimneys and Vents [REVOKED]
748:20-14-16. IMC® 20182024 Chapter 11 Refrigeration [AMENDED]
748:20-14-19. IMC® 2018 Chapter 14 Solar Thermal Systems [REVOKED]
748:20-14-20. IMC® 20182024 Chapter 15 Referenced Standards [AMENDED]
Subchapter 16. IPC® 20182024 [AMENDED]
748:20-16-1. Adoption of the International Plumbing Code®, 2018 Edition (IPC® 20182024 Edition (IPC® 2024) [AMENDED]
748:20-16-2. Effect of Adoption [AMENDED]
748:20-16-3. IPC® 20182024 Appendices [AMENDED]
748:20-16-4. IPC® 20182024 Provisions Adopted and Modified [AMENDED]
748:20-16-6. IPC® 20182024 Chapter 1 Scope and Administration [AMENDED]
748:20-16-7. IPC® 20182024 Chapter 2 Definitions [AMENDED]
748:20-16-8. IPC® 20182024 Chapter 3 General Regulations [AMENDED]
748:20-16-9. IPC® 20182024 Chapter 4 Fixtures, Faucets and Fixture Fittings [AMENDED]
748:20-16-11. IPC® 20182024 Chapter 6 Water Supply and Distribution [AMENDED]
748:20-16-12. IPC® 20182024 Chapter 7 Sanitary Drainage [AMENDED]
748:20-16-13. IPC 2018 Chapter 8 Indirect/Special Waste [REVOKED]
748:20-16-14. IPC® 20182024 Chapter 9 Vents [AMENDED]
748:20-16-15. IPC® 2024 Chapter 10 Traps, Interceptors, and Separators [AMENDED]
748:20-16-16. IPC® 20182024 Chapter 11 Storm Drainage [AMENDED]
748:20-16-18. IPC® 20182024 Chapter 13 Nonpotable Water Systems [AMENDED]
748:20-16-20. IPC® 20182024 Chapter 15 Referenced Standards [AMENDED]
AUTHORITY:
Oklahoma Uniform Building Code Commission; 59 O.S. § 1000.23 and 1000.24
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 4, 2025
COMMENT PERIOD:
December 1, 2025 through January 5, 2026
PUBLIC HEARING:
January 13, 2026
ADOPTION:
January 13, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 23, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1092
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
September 14, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
International Code Council, International Building Code, 2024 Edition; International Code Council, International Fire Code, 2024 Edition; International Code Council, International Residential Code, 2024 Edition; International Code Council, International Existing Building Code, 2024 Edition; International Code Council, International Fuel Gas Code, 2024 Edition; International Code Council, International Mechanical Code, 2024 Edition; and International Code Council, International Plumbing Code, 2024 Edition.
Incorporating Rules:
748:20-2-1., 748:20-2-2., 748:20-2-3., 748:20-2-4., 748:20-2-6., 748:20-2-7., 748:20-2-8. 748:20-2-9., 748:20-2-10., 748:20-2-14., 748:20-2-15., 748:20-2-16., 748:20-2-20., 748:20-2-21., 748:20-2-23., 748:20-2-34., 748:20-2-37., 748:20-2-38., 748:20-2-40., 748:20-4-1., 748:20-4-2., 748:20-4-3., 748:20-4-4., 748:20-4-6., 748:20-4-7., 748:20-4-8., 748:20-4-10., 748:20-4-11., 748:20-4-14., 748:20-4-15., 748:20-4-16., 748:20-4-28., 748:20-4-38., 748:20-4-44., 748:20-4-58., 748:20-4-60., 748:20-4-62., 748:20-4-66., 748:20-4-85., 748:20-4-86., 748:20-6-1., 748:20-6-2., 748:20-6-3., 748:20-6-4., 748:20-6-6., 748:20-6-7., 748:20-6-8., 748:20-6-9., 748:20-6-10., 748:20-6-11., 748:20-6-12., 748:20-6-13., 748:20-6-14., 748:20-6-16., 748:20-6-18., 748:20-6-19., 748:20-6-20., 748:20-6-21., 748:20-6-28., 748:20-6-29., 748:20-6-30., 748:20-6-31., 748:20-6-32., 748:20-6-33., 748:20-6-34., 748:20-6-35., 748:20-6-41., 748:20-6-44., 748:20-6-46., 748:20-6-49., 748:20-6-50., 748:20-6-51., 748:20-6-53., 748:20-8-1., 748:20-8-2., 748:20-8-3., 748:20-8-4., 748:20-8-6., 748:20-8-8., 748:20-8-15., 748:20-8-20., 748:20-8-21., 748:20-12-1., 748:20-12-2., 748:20-12-3., 748:20-12-4., 748:20-12-6., 748:20-12-7., 748:20-12-8., 748:20-12-9., 748:20-12-13., 748:20-14-1., 748:20-14-2., 748:20-14-3., 748:20-14-4., 748:20-14-6., 748:20-14-8., 748:20-14-10., 748:20-14-11., 748:20-14-16., 748:20-14-20., 748:20-16-1., 748:20-16-2., 748:20-16-3., 748:20-16-4., 748:20-16-6., 748:20-16-7., 748:20-16-8., 748:20-16-9., 748:20-16-11., 748:20-16-12., 748:20-16-14., 748:20-16-15., 748:20-16-16., 748:20-16-18., and 748:20-16-20.
Availability:
8:00 a.m. to 4:30 p.m. Monday through Friday at the Oklahoma Uniform Building Code Commission, 2401 NW 23rd St., Suite 82, Oklahoma City, OK 73107, 405-521-6501.
GIST/ANALYSIS:
748:20-2-1., 748:20-2-2., 748:20-2-3., and 748:20-2-4., adopt the IBC® 2024 edition, without appendices and establishes the IBC® 2024 edition as the statewide minimum code for commercial construction in the State of Oklahoma. 748:20-2-6., adopts Chapter 1 of the IBC® 2024 only to the extent its provisions are not inconsistent with other laws or lawfully established code administration and enforcement policies. 748:20-2-7., 748:20-2-8., 748:20-2-9., 748:20-2-10., 748:20-2-14., 748:20-2-15., 748:20-2-16., 748:20-2-20., 748:20-2-21., 748:20-2-23., 748:20-2-34., 748:20-2-37., 748:20-2-38., and 748:20-2-40., set forth the OUBCC's adoption of Oklahoma modifications to the provisions of the IBC®, 2024 in Chapters 1, 2, 3, 4, 5, 9, 10, 11, 15, 16, 18, 29, 32, 33, and 35 respectively.
748:20-4-1., 748:20-4-2., 748:20-4-3., and 748:20-4-4., adopt the IFC® 2024 edition, without appendices and establishes the IFC® 2024 edition as the statewide minimum code for residential and commercial fire prevention and fire protection systems in the State of Oklahoma. 748:20-4-6., adopts Chapter 1 of the IFC® 2024 only to the extent its provisions are not inconsistent with other laws or lawfully established code administration and enforcement policies. 748:20-4-7., 748:20-4-8., 748:20-4-10., 748:20-4-11., 748:20-4-14., 748:20-4-15., 748:20-4-16., 748:20-4-28., 748:20-4-38., 748:20-4-44., 748:20-4-58., 748:20-4-60., 748:20-4-62., 748:20-4-66., 748:20-4-85 and 748:20-4-86., set forth the OUBCC's adoption of Oklahoma modifications to the provisions of the IFC®, 2024 in Chapters 2, 3, 5, 6, 9, 10, 11, 23, 33, 39, 53, 55, 57, 61, 80 and the OUBCC created appendix entitled "Appendix P, Egress Path Markings for Existing Buildings," respectively.
748:20-6-1., 748:20-6-2., 748:20-6-3., and 748:20-6-4., adopt the IRC® 2024 edition, without appendices and establishes the IRC® 2024 edition as the statewide minimum code for residential building construction for one- and two-family dwellings and townhouses in the State of Oklahoma. 748:20-6-6., adopts Chapter 1 of the IRC® 2024 only to the extent its provisions are not inconsistent with other laws or lawfully established code administration and enforcement policies. 748:20-6-7., 748:20-6-8., 748:20-6-9., 748:20-6-10., 748:20-6-11., 748:20-6-12., 748:20-6-13., 748:20-6-14., 748:20-6-16., 748:20-6-18., 748:20-6-19., 748:20-6-20., 748:20-6-21., 748:20-6-28., 748:20-6-29., 748:20-6-30., 748:20-6-31., 748:20-6-32., 748:20-6-33., 748:20-6-34., 748:20-6-35., 748:20-6-41., 748:20-6-44., 748:20-6-46., 748:20-6-49., 748:20-6-50.; 748:20-6-51., and 748:20-6-53., set forth the OUBCC's adoption of Oklahoma modifications to the provisions of the IRC®, 2024 in Chapters 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 14, 15, 16, 23, 24, 25, 26, 27, 28, 29, 30, 36, 39, 41, 44 and in the OUBCC created appendices entitled "Appendix BP Automatic Fire Systems," "Appendix BQ Swimming Pools, Spas, and Hot Tubs, " and "Appendix BR Residential Tornado Provisions," respectively.
748:20-8-1., 748:20-8-2., 748:20-8-3., and 748:20-8-4 adopt the IEBC® 2024 edition, without appendices and establishes the IEBC® 2024 edition as the statewide minimum code for commercial existing building construction in the State of Oklahoma. 748:20-8-6., adopts Chapter 1 of the IEBC® 2024 only to the extent its provisions are not inconsistent with other laws or lawfully established code administration and enforcement policies. 748:20-8-8., 748:20-8-15, 748:20-8-20, and 748:20-8-21., set forth the OUBCC's adoption of Oklahoma modifications to the provisions of the IEBC®, 2024 in Chapters 3, 10, 15, and 16, respectively.
748:20-12-1., 748:20-12-2., 748:20-12-3., and 748:20-12-4., adopt the IFGC® 2024 edition without appendices and establishes the IFGC® 2024 edition as the statewide minimum code for commercial fuel gas construction within the State of Oklahoma. 748:20-12-6., adopts Chapter 1 of the IFGC® 2024 only to the extent its provisions are not inconsistent with other laws or lawfully established code administration and enforcement policies. 748:20-12-7., 748:20-12-8., 748:20-4-9., and 748:20-4-13 set forth the OUBCC's adoption of Oklahoma modifications to the provisions of the IFGC® 2024 in Chapters 2, 3, 4, and 8, respectively.
748:20-14-1., 748:20-14-2., 748:20-14-3., and 748:20-14-4., adopt the IMC® 2024 edition without appendices and establishes the IMC® 2024 edition as the statewide minimum code for commercial mechanical construction in the State of Oklahoma. 748:20-14-6 adopts Chapter 1 of the IMC® 2024 only to the extent its provisions are not inconsistent with other laws or lawfully established code administration and enforcement policies. 748:20-14-8., 748:20-14-10., 748:20-14-11., 748:20-14-16., and 748:20-14-20 set forth the OUBCC's adoption of Oklahoma modifications to the provisions of the IMC® 2024 in Chapters 3, 5, 6, 11, and 15, respectively.
748:20-16-1., 748:20-16-2., 748:20-16-3., and 748:20-16-4., adopt the IPC® 2024 edition without appendices and establishes the IPC® 2024 as the statewide minimum for commercial plumbing construction in the State of Oklahoma. 748:20-16-6., modifies the adoption of Chapter 1 of the IPC® 2024 only to the extent its provisions are not inconsistent with other laws or lawfully established code administration and enforcement policies. 748:20-16-7., 748;20-16-8., 748:20-16-9., 748:20-16-11, 748:20-16-12., 748:20-16-14., 748:20-16-15., 748;20-16-16., 748:20-16-18., and 748:20-16-20., set forth the OUBCC's adoption of Oklahoma modifications to the provisions of the IPC® 2024 in Chapters 2, 3, 4, 6, 7, 9, 10, 11, 13, and 15, respectively.
CONTACT PERSON:
David Adcock, Chief Executive Officer, OUBCC, 2401 NW 23rd St, suite 82, Oklahoma City, OK 73107, 405-521-6501
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF SEPTEMBER 14, 2026:
SUBCHAPTER 2. IBC® 20182024 [AMENDED]
748:20-2-1. Adoption of the International Building Code®, 2018 Edition (IBC® 20182024 Edition (IBC® 2024) [AMENDED]
(a) The Oklahoma Uniform Building Code Commission (the "OUBCC") hereby adopts the International Building Code®, 2018 2024 Edition (IBC® 2018 2024), second first printing (January 2019August 2023) as amended and modified in this subchapter as the statewide minimum code for commercial building construction in the State of Oklahoma pursuant to 59 O.S. 1000.23.
(b) The OUBCC through formal action expressly chose to adopt the IBC® 2018 2024 as amended and modified in this subchapter, as the statewide minimum code for commercial building construction in the State of Oklahoma. In like manner, the OUBCC through formal action expressly chose not to adopt the International Building Code® 2021 Edition (IBC® 2021) for any purpose.
(c) As part of its 2012 code cycle, the International Code Council, Inc.® (ICC®) reorganized the format of certain of its model codes as it was foreseeable to ICC that additional chapters will need to be added in the future as model regulations for new processes or operations are developed. The format reorganization was designed by ICC to accommodate such future chapters by providing reserved (unused) chapters in several parts of certain of its model codes as part of its 2012 code cycle. The format reorganization continues into the ICC's 2018 2024 code cycle and is adopted by the OUBCC to the extent provided in this subchapter by the phrase "reserved for future use" inserted in lieu of titles for chapters.
(d) The OUBCC has pulled, from the ICC website, published errata to the second printing of the IBC® through July 31, 2019. Any errata Errata published by the ICC for the IBC® 2024 edition after that date has not been reviewed or incorporated into these rules.
(e) This material contains information which is proprietary to and copyrighted by the International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED.
748:20-2-2. Effect of Adoption [AMENDED]
The IBC® 2018 2024 as amended and revised by these rules, is hereby established and adopted as the statewide minimum code for commercial building construction in Oklahoma pursuant to 59 O.S. § 1000.23, and may only be amended or altered by other jurisdictions pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code.
748:20-2-3. IBC® 20182024 and Other Appendices [AMENDED]
(a) None of the appendices of the IBC® 2018 2024 have been adopted by the OUBCC for inclusion in the statewide minimum code for commercial building construction in the State of Oklahoma.
(b) Appendices A through748:20-2-4. IBC® 20182024 Provisions Adopted and Modified [AMENDED]
(a) All chapters and provisions within chapters, including exceptions, of the IBC® 2018 2024 not specifically addressed within these rules as being modified, deleted, moved or removed are hereby adopted without modification as the statewide minimum code for commercial building construction within the State of Oklahoma pursuant to 59 O.S. § 1000.23. Chapters and provisions within chapters, including exceptions adopted with modifications are specifically addressed in these rules.
(b) The ICC® has reserved Chapter 34 for possible future use. The OUBCC has not adopted Chapter 34 and the chapter is not considered part of the statewide minimum code for commercial building construction within the State of Oklahoma.
(c) To the extent any references in the IBC® 2018 2024 as amended and modified in this sub-chapter are made to any other code or standard, the particular edition for that reference is defined in the referenced standards found in the IBC® 2018 2024 as amended and modified in this sub-chapter and in the IBC® 2018 2024 Chapter 35 entitled "Referenced Standards."
748:20-2-6. IBC® 20182024 Chapter 1 Scope and Administration [AMENDED]
Chapter 1 of the Oklahoma adopted IBC® 2018 2024 includes the following Preamble at the very beginning of the chapter:
(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IBC® 2018 2024 as amended and revised by the OUBCC, as the statewide minimum code to be used by all entities for commercial building construction in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IBC® 2018 2024 is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for commercial building construction.
(2) All provisions of the adopted IBC® 2018 2024, including Chapter 1, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for commercial building construction in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.
(3) Section 105.1.1 Annual permit. This section has been modified to clarify an annual permit is a yearly permit that represents a group of individual permits for each alteration to already approved electrical, gas, mechanical or plumbing installation. This section shall read: 105.1.1 Annual permit. An annual permit is a yearly permit which represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. The building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
(4) Section 105.1.2 Annual permit records. This section has been modified to require the building official to collect the OUBCC permit fee for each individual permit that is part of the annual permit at the completion of the annual permit term. This section has been modified to read: 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such detailed records of alterations at all times. At the completion of the entity's annual permit term, the applicant shall file such detailed records of alterations with the building official. Pursuant to the authority of 59 O.S. § 1000.25, the building official shall collect fees for each individual permit which is part of the annual permit once the detailed records are submitted and remit such fees to the OUBCC.
(5) The OUBCC's adoption of Chapter 1 in this manner is made with the recognition that the legal authority granting state and local code administration and enforcement jurisdictions the power and discretion to administer and enforce codes arises from Oklahoma laws governing those jurisdictions. Furthermore, the OUBCC also recognizes that many state and local code administration and enforcement jurisdictions have already created, or have the lawful authority to create, departments, offices and administrative policies pursuant to various applicable laws and other adopted model codes with "Scope and Administration" provisions similar to Chapter 1 of the adopted IBC® 2018 2024.
(6) This limited adoption of Chapter 1 is made in recognition of the authority and discretion possessed by jurisdictions to administer and enforce building codes. Exercising such authority and jurisdiction in a manner inconsistent with Chapter 1 must be supported by Oklahoma law. Code administration and enforcement jurisdictions shall not use the OUBCC's limited adoption of Chapter 1 to circumvent the remainder of the requirements established by the Oklahoma adopted IBC®748:20-2-7. IBC® 20182024 Chapter 2 Definitions [AMENDED]
Chapter 2 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modifications:
(1) FIRE CODE OFFICIAL. This defintion has been added to clarify the different individuals that may have authority within the code. This definition has been added to read: FIRE CODE OFFICIAL. The fire cheif or other designated authority charged with the administration and enforcment of the International Fire Code®, or a duly authorized representative.
(2) SHARED COMMON USE AREAS. This defitnion has been added to clarify what is considred as shared common use areas. This defintion has been added to read: SHARED COMMON USE AREAS. Rooms, spaces, or elements, inside or outside of a building which are available for the use of the occupants of more than one tenant space or building. These areas may include, but are not limited to, restrooms, hallways, lounges, lobbies, reception counters, laundry rooms, refuse rooms, mail rooms, recreation areas and passageways among or between buildings or tenant spaces.
748:20-2-8. IBC® 20182024 Chapter 3 Use and Occupancy Classification [AMENDED]
Chapter 3 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modifications:
(1) Section 305.2.4 Seven or fewer children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility in the home and clarifies the total number of children includes both those under and over two and one-half years of age. This section has been added to read: 305.2.4 Seven or fewer children in a dwelling. A facility such as the above within a detached dwelling and having seven or fewer children receiving such day care shall be permitted to comply with the International Residential Code®. This number shall include children two and one-half years or less of age.
(2) Section 305.2.5 Eight to 12 children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility with eight to 12 children in a dwelling, allowing the licensed daycare facility to comply with the requirements of the IRC® so long as the structure if fire-sprinklered, and clarifies the total number of children include both those under and over two and one-half years of age. This section has been added to read: 305.2.5 Eight to 12 children in a dwelling. A facility such as the above within a detached dwelling and having eight to 12 children receiving such day care shall comply with the International Residential Code® provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code®. This number shall include children two and one-half years or less of age.
(3) Section 308.5.5 Seven or fewer children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility in the home and clarifies the total number of children includes both those under and over two and one-half years of age. This section has been added to read: 308.5.5 Seven or fewer children in a dwelling. A facility such as the above within a detached dwelling and having seven or fewer children receiving such day care shall be permitted to comply with the International Residential Code®. This number shall include children two and one-half years or less of age.
(4) Section 308.5.6 Eight to 12 children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility with eight to 12 children in a dwelling, allowing the licensed daycare facility to comply with the requirements of the IRC® so long as the structure if fire-sprinklered, and clarifies the total number of children include both those under and over two and one-half years of age. This section has been added to read: 308.5.6 Eight to 12 children in a dwelling. A facility such as the above within a detached dwelling and having eight to 12 children receiving such day care shall comply with the International Residential Code® provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code®. This number shall include children two and one-half years or less of age.
(A) Buildings that do not contain more than two dwelling units
(B) Care facilities that provide accommodations for five or fewer persons receiving care
(C) Congregate living facilities (nontransient) with 16 or fewer occupants
(i) Boarding houses (nontransient)
(ii) Convents
(iii) Dormitories
(iv) Emergency services living quarters
(D) Congregate living facilities (transient) with 10 or fewer occupants - Boarding houses (transient)
(E) Lodging houses (transient) with four or fewer guest rooms and no not more than 2 two persons per room.
(F) Hotels (nontransient) with five or fewer guest rooms.
(G) Motels (nontransient) with five or fewer guest rooms.748:20-2-9. IBC® 20182024 Chapter 4 Special Detailed Requirements Based on Use and Occupancy [AMENDED]
Chapter 4 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modifications:
(A) Item 1. The canopy shall meet or exceed Type I construction requirements.
(B) Item 2. Operations located under canopies shall be limited to refueling only.
(C) Item 3. The canopy shall be constructed in a manner that prevents the accumulation of gas.(A) Exception 1. Group E day care facilities.
(B) Exception 2. Group E occupancies used in conjunction with religious activities accessory to places of religious worship.
(C) Exception 3. Buildings meeting the requirements for shelter design in ICC 500®.
(D) Exception 4. Additions to Group E occupancies shall comply with the requirements of Section(C) Exception 3. Where approved by the building code official, temporary facilities shall be exempt from storm shelter requirements, when said facilities are part of a phased building project that include a storm shelter.
(14) 423.6.7 Sanitation support method and storage capacity for supply and wastewater. This section has been added to clarify ICC 500 Sections 702.4.4 and 702.4.4.1 are omitted from the minimum requirements of this code. This section has been added to read: 423.6.7 Sanitation support method and storage capacity for supply and wastewater ICC 500 Sections 702.4.4 and 702.4.4.1 are omitted.
748:20-2-10. IBC® 20182024 Chapter 5 General Building Heights and Areas [AMENDED]
Chapter 5 of the Oklahoma adopted IBC 2018 2024 is adopted with the following modificationmodifications: Table 509 Incidental uses has been modified to remove the row related to stationary storage battery systems. This table has been modified read as follows: Table 509 Incidental uses. The table contains 18 rows with 2 columns in each row as described below:
(1) 508.5 Live/work units. This section has been modified to remove a reference to Section 508.5.7 live/work units in a building constructed in accordance with the International Residential Code® in Item 2 and to add two exceptions to the section. This section has been modified to read: 508.5 Live/work units. Live/work units shall comply with one of the following:
(A) Item 1. For a live/work unit located in a building constructed in accordance with this code, both the residential and non-residential portions of the live/work unit shall comply with Sections 508.5 through 508.5.11.
(B) Item 2. For a live/work unit located in a building constructed in accordance with the International Residential Code®, the non-residential portion of the live/work unit shall comply with Sections 508.5.1 through 508.5.11, and the residential portion of the live/work unit shall be constructed in accordance with the International Residential Code®.
(C) Exceptions:
(i) Exception 1. Dwelling or sleeping units that include an office that is less than 10 percent of the area of the dwelling unit are permitted to be classified as dwelling units with accessory occupancies in accordance with Section 508.2.
(ii) Exception 2. Group B, M, and F occupancies other than facilities utilizing materials classified as physical hazards in accordance with Section 307 of this code, that are located in a detached dwelling unit complying with the limitations of Section 508.5.1, shall be permitted to be constructed in accordance with the International Residential Code®.
(iii) Exception 3. The office of a self-service storage facility with a dwelling or sleeping unit shall not be considered a live/work unit.(2) Section 508.5.1 Limitations. This section has been modified to clarify the square foot of the non-residential portion of the live/work unit. This section has been modified to read: 508.5.1 Limitations. The following shall apply to live/work areas:
(A) Item 1. The nonresidential portion of the live/work unit is permitted to be not greater than 2500 square feet (232 square meters) in area.
(B) Item 2. The nonresidential area is permitted to be not more than 50 percent of the area of each live/work unit.
(C) Item 3. The nonresidential area function shall be limited to the first or main floor only of the live/work unit.
(3) Section 508.5.7 Fire protection. This seciton has been modified to remove a requirement for fire sprinklers for live/work units constructed in accordance with the International Residential Code®. This section has been modified to read: 508.5.7 Fire protection. Live/work units in buildings constructed in accordance with this code shall be provided with all of the following:
(A) Item 1. An automiatic sprinkler system in accordance with Section 903.3.1.1 or 903.1.2.
(B) Item 2. Smoke alarms in accordance with 907.2.11.
(C) Item 3. Where required by Section 907.2.9.2, a manual fire alarm system.
748:20-2-12. IBC® 2018 Chapter 7 Fire and Smoke Protection Features [REVOKED]
748:20-2-14. IBC® 20182024 Chapter 9 Fire Protection Systems [AMENDED]
Chapter 9 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modificationsmodification: Section 903.5.1 Records retention. This section has been added to require all new fire sprinkler systems record documentation to be provided with a documentation cabinet as approved and specify what documentation shoudl be inside the cabinet. This section has been added to read: 903.5.1 Records retention. For all new fire sprinkler systems, record documentation must be provided in a documentation cabinet at an approved location. This documentation cabinet shall include as-built drawings, product data, hydraulic calculations, and all approval documentation as required by the fire code official.
(1) Section 903.2.9 Group S-1. This section has been modified to add an exception to the fifth requirement in the list for when an automatic fire sprinkler system is required. This section has been modified to read: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
(A) A Group S-1 fire area exceeds 12,000 square feet (1115 square meters).
(B) A Group S-1 fire area is located more than three stories above grade plane.
(C) The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 square meters).
(D) A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 square meters).
(E) A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet (232 square meters). Exception: Self-service storage facility where the fire area is less than 5,000 square feet (464 square meters).
(2) Section 907.2.22 Energy storage systems. This section has been modified to change the header name from "Battery rooms" to "Energy storage systems" and to add an option for radiant-energy detection systems to be installed in rooms and walk-in units containing energy storage systems as required in Section 1206. This section has been modified to read: 907.2.22 Energy storage systems. An automatic smoke detection system or radiant-energy detection system shall be installed in rooms, areas, and walk-in units containing energy storage systems as required in Section 1206 of the International Fire Code®.
(3) Section 907.2.23 Capacitor energy storage systems. This section has been stricken from the code.
(4) Section 911.1.3 Size. This section has been modified to include an exception to make the fire command center smaller when approved by the fire code official. This section has been modified to read: 911.1.3. Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 square meters) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater. Exception: When approved by the fire code official the fire command center can be reduced in size to not less than a minimum of 96 square feet (9 square meters) with a minimum dimension of 8 feet (2438 mm).
(5) Section 916.7 Gas sampling. This section has been modified to correct errata published by the ICC, in the second exception to clarify the toxic gases sample analysis to be performed is for all toxic gas that are not HPM. This section has been modified to read: 916.7 Gas sampling. Gas sampling shall be performed continuously. Sample analysis shall be processed immediately after sampling, except as follows:
(A) For HPM gases, sample analysis shall be performed at intervals not exceeding 30 minutes.
(B) For toxic gases that are not HPM, sample analysis shall be performed at intervals not exceeding 5 minutes, in accordance with Section 6004.2.2.7 of the International Fire Code®.
(C) Where a less frequent or delayed sampling interval is approved.
748:20-2-15. IBC® 20182024 Chapter 10 Means of Egress [AMENDED]
Chapter 10 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modifications:
(A) Exception 1. Guards are not required when the skylight is located at least 42 inches (1067 mm) above the highest point of the walking surface adjacent to the skylight or component.
(B) Exception 2. Guards are not required if some other provision for skylight fall-thru protection is provided and approved by the authority having jurisdiction.
(6) Section 1016.2.2 Shared common use areas. This section has been added to clarify when shared common use areas are utilized by more than one tenant, a direct independent means of egress must be provided without the necessity to return through any tenant space or building and clarifies the signage and illumination requirements for the access. This section has been added to read: 1016.2.2 Shared common use areas. Shared common use areas utilized by more than one tenant must provide for direct access to an independent means of egress without the necessity to return through any tenant space or building. Such common areas shall be provided with signage designating each adjoining suite to comply with the ICC ANSI A-117.1® and the International Fire Code® as well as means of egress signage and illumination complying with other sections of this Chapter and those required to be accessible in accordance with Chapter 11 and Section 1111.
(7) 1031.2 Where required. This section has been modified to require emergency escape and rescue openings to be provided for all Group R-2 occupancies and authorize the fire code official to increase the minimum height requirement for emergency escape and rescue openings based on the responding fire department's capabilities. This section has been modified to read: 1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in the following occupancies:
(A) Item 1. Group R-2 occupancies.
(B) Item 2. Group R-3 and R-4 occupancies.
(8) Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. Exceptions:
(A) Exception 1. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.
(B) Exception 2. Emergency escape and rescue openings are not required for basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way.
(C) Exception 3. Basements without habitable spaces and having not more than 200 square feet (10.16 square meters) in floor area shall not be required to have emergency escape and rescue openings.
(D) Exception 4. Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.
(E) Exception 5. Within individual dwelling and sleeping units in Groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:
(i) Exception 5.1 One means of egress and one emergency escape and rescue opening.
(ii) Exception 5.2 Two means of egress.
(F) Exception 6. The fire code official is authorized to increase the minimum height requirement for emergency escape and rescue openings based on the responding fire department's capabilities
748:20-2-16. IBC® 2024 Chapter 11 Accessibility [NEW]
Chapter 11 of the Oklahoma adopted IBC® 2024 is adopted with the following modifications:
(1) Section 1110.4 Adult changing stations. This section has been modified to require compliance with ICC ANSI A117.1, to include ICC Supplement 1 and add an exception to the section related to required adult changing stations installed in areas serving outdoor uses, accessible to the public outside of normal operational hours to allow for the installation of stationary, non-adjustable changing tables with a specific height range. This section has been modified to read: 1110.4 Adult changing stations. Where required, adult changing stations shall be accessible. Where required, adult changing stations shall be accessible and shall comply with Sections 1110.4.1 through 1110.4.4 and the ICC ANSI A117.1, 2017 to include ICC Supplement 1. Exception: Adult changing stations located in areas serving outdoor uses, such as but not limited to public parks, which are accessible to the public outside of normal operational hours, are permitted to install stationary, non-adjustable, changing tables with a surface height between 17 inches (431.8 mm) to 19 inches (482.6 mm).
(2) Section 1110.4.1 Where required. This section has been modified to require adult changing stations be provided in public or private parks and campgrounds. This section has been modified to read: 1110.4.1 Where required. Not fewer than one adult changing station shall be provided in the following locations:
(A) Item 1. In assembly and mercantile occupancies, where family or assisted-use toilets or bathing rooms are required to comply with Section 1110.2.1.
(B) Item 2. In Group B occupancies providing education facilities for students above the 12th grade, where an aggregate of 12 or more male and female water closets are required to serve the classrooms and lecture halls.
(C) Item 3. In Group E occupancies, where a room or space used for assembly purposes requires an aggregate of six or more male and female water closets for the room or space.
(D) Item 4. In highway rest stops and highway service plazas.
(E) Item 5. Public or private parks and campgrounds.
(3) Section 11104.2 Room. This section has been modified to add a second exception to the section to allow for the room to be locked during normal hours of operation under certain circumstances. This section has been modified to read: 1110.4.2 Room. Adult changing stations shall be located in toilet rooms that include only one or more water closets and only one lavatory. Fixtures located in such rooms shall be included in determining the number of fixtures provided in the occupancy. The occupants shall have access to the required adult changing station at all times that the associated occupancy is occupied. Exceptions:
(A) Exception 1. Adult changing stations shall be permitted to be located in family or assisted toilet rooms required in Section 1110.2.1.
(B) Exception 2. Where adult changing stations are provided in separate rooms, and in addition to the minimum fixture requirements as listed elsewhere by this code, such rooms shall be permitted to be locked during normal hours of operation where access may be granted by staff, and information signage is posted at the door to the facility. This exception shall not apply to those rooms otherwise required by or used in combination with this code as to be provided for family or assisted use; nor shall it be interpreted to allow for such facilities to be locked where other single, multi-user, or family restrooms are not.
748:20-2-20. IBC® 20182024 Chapter 15 Roof Assemblies and Rooftop Structures [AMENDED]
Chapter 15 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modification: Section 1511.3.1.1 1512.3 Roof recover Exceptions. This section has been modified to add a fourth condition when a roof recover shall not be permitted. This section has been modified to read: 1511.3.1.1 Exceptions 1512.3 Roof recover. The installation of a new roof covering over an existing covering shall be permitted where any of the following conditions occur:
(1) Where the new roof covering is installed in accordance with the roof covering manufacturer's approved instructions.
(2) Complete and separate roofing systems, such as standing-seam metal roof panel systems, that are designed to transmit the roof loads directly to the building's structural system and do not rely on existing roofs and roof coverings for support shall not require the removal of the existing roof coverings.
(3) Metal panel, metal shingle and concrete and clay tile roof coverings shall be permitted to be installed over existing wood shake roofs when applied in accordance with Section 1512.3.1.
(4) The application of a new protective roof coating over an existing protective roof coating, metal roof panel, built-up roof, spray polyurethane foam roofing system, metal roof shingle, mineral-surfaced roll roofing, modified bitumen roofing or thermoset and thermoplastic single-ply roofing shall be permitted without tear off of existing roof coverings.
(5) Exceptions: A roof recover shall not be permitted where any of the following conditions occur:748:20-2-21. IBC® 20182024 Chapter 16 Structural Design [AMENDED]
Chapter 16 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modifications modification: Section 1611.1 Design rain loads. This section has been modified to specify the rainfall data needed for designing secondary drains shall be pulled from the National Oceanic and Atmospheric Administration Precipitation Frequency Data Server (PFDS) and that the sizing shall be based on the data for a 15-minute duration from the nearest station for the specified Risk Category of the structure. This section has been modified to read: 1611.1 Design rain loads. Each portion of a roof shall be designed to sustain the load of rainwater as per the requirements of Chapter 8 of ASCE 7. Rain loads shall be based on the summation of the static head, d with a subscript "s", hydraulic head, d with a subscript "h", and ponding head, d with a subscript "p", using Equation 16-20. The hydraulic calculations assuming a flow rate corresponding to a rainfall intensity equal to or greater than 15-minute duration storms by the rainfall found in the National Oceanic and Atmospheric Administration Precipitation Frequency Data Server (PFDS). The sizing shall be based on the data for 15-minute rainfall rates at the nearest station for the risk categories given in Table 1611.1. The ponding head shall be based on structural analysis as the depth of water due to deflections on the roof subjected to unfactored rain load and unfactored dead load.
(1) Section 1604.10 Loads on storm shelters. This section has been modified to add a reference to Section 423.5.3 to point to a change made to that section related to roof live loads and storm shelters. This section has been modified to read: 1604.10 Loads on storm shelters. Loads and load combinations on storm shelters shall be determined in accordance with Section 423.5.3 and ICC 500®.
(2) Figure 1609.3(1) Basic Wind Speeds, V, for Risk Category II Buildings and Other Structures. The footnotes to this figure have been modified to correct errata published by the ICC. The errata corrects the URL reference in footnote number 6 from "www.atcouncil.org/windspeed" to "www.hazards.atcouncil.org." The footnotes for this figure have been modified to read: Notes:
(A) Footnote 1. Values are nominal design 3-second gust wind speeds in miles per hour (m divided by s) at 33 feet (10 meters) above the ground for Exposure C category.
(B) Footnote 2. Linear interpolation is permitted between contours. Point values are provided to aid with interpolation.
(C) Footnote 3. Islands, coastal areas, and land boundaries outside the last contour shall use the last wind speed contour.
(D) Footnote 4. Mountainous terrain, gorges, ocean promontories, and special wind regions shall be examined for unusual wind conditions.
(E) Footnote 5. Wind speeds correspond to approximately a 7 percent probability of exceedance in 50 years (Annual Exceedance Probability equals 0.00143, MRI equals 700 Years).
(F) Footnote 6. Location-specific basic wind speeds shall be permitted to be determined using www.hazards.atcouncil.org.
(3) Figure 1609.3(2) Basic Wind Speeds, V, for Risk Category III Buildings and Other Structures. The footnotes to this figure have been modified to correct errata published by the ICC. The errata corrects the footnotes to include the "N" in the word "Notes" above the footnotes and to include the footnote numbers cut off in the printing. Footnote 6 has been modified to change the URL reference from "www.atcouncil.org/windspeed" to "www.hazards.atcouncil.org." The footnotes for this figure have been modified to read: Notes:
(A) Footnote 1. Values are nominal design 3-second gust wind speeds in miles per hour (m divided by s) at 33 feet (10 meters) above the ground for Exposure C category.
(B) Footnote 2. Linear interpolation is permitted between contours. Point values are provided to aid with interpolation.
(C) Footnote 3. Islands, coastal areas, and land boundaries outside the last contour shall use the last wind speed contour.
(D) Footnote 4. Mountainous terrain, gorges, ocean promontories, and special wind regions shall be examined for unusual wind conditions.
(E) Footnote 5. Wind speeds correspond to approximately a 3 percent probability of exceedance in 50 years (Annual Exceedance Probability equals 0.000588, MRI equals 1700 Years).
(F) Footnote 6. Location-specific basic wind speeds shall be permitted to be determined using www.hazards.atcouncil.org.
(4) Figure 1609.3(3) Basic Wind Speeds, V, for Risk Category IV Buildings and Other Structures. The footnotes to this figure have been modified to correct errata published by the ICC. The errata corrects the URL reference in footnote number 6 from "www.atcouncil.org/windspeed" to "www.hazards.atcouncil.org." The footnotes for this figure have been modified to read: Notes:
(A) Footnote 1. Values are nominal design 3-second gust wind speeds in miles per hour (m divided by s) at 33 feet (10 meters) above the ground for Exposure C category.
(B) Footnote 2. Linear interpolation is permitted between contours. Point values are provided to aid with interpolation.
(C) Footnote 3. Islands, coastal areas, and land boundaries outside the last contour shall use the last wind speed contour.
(D) Footnote 4. Mountainous terrain, gorges, ocean promontories, and special wind regions shall be examined for unusual wind conditions.
(E) Footnote 5. Wind speeds correspond to approximately a 1.6 percent probability of exceedance in 50 years (Annual Exceedance Probability equals 0.00033, MRI equals 3000 Years).
(F) Footnote 6. Location-specific basic wind speeds shall be permitted to be determined using www.hazards.atcouncil.org.
(5) Figure 1609.3(1) Basic Wind Speeds, V, for Risk Category I Buildings and Other Structures. The footnotes to this figure have been modified to correct errata published by the ICC. The errata corrects the URL reference in footnote number 6 from "www.atcouncil.org/windspeed" to "www.hazards.atcouncil.org." The footnotes for this figure have been modified to read: Notes:
(A) Footnote 1. Values are nominal design 3-second gust wind speeds in miles per hour (m divided by s) at 33 feet (10 meters) above the ground for Exposure C category.
(B) Footnote 2. Linear interpolation is permitted between contours. Point values are provided to aid with interpolation.
(C) Footnote 3. Islands, coastal areas, and land boundaries outside the last contour shall use the last wind speed contour.
(D) Footnote 4. Mountainous terrain, gorges, ocean promontories, and special wind regions shall be examined for unusual wind conditions.
(E) Footnote 5. Wind speeds correspond to approximately a 15 percent probability of exceedance in 50 years (Annual Exceedance Probability equals 0.00333, MRI equals 300 Years).
(F) Footnote 6. Location-specific basic wind speeds shall be permitted to be determined using www.hazards.atcouncil.org.
(6) Section 1611.1 Design rain loads. This section has been modified to increase secondary drain size for short duration intensities the equation at the end of the section is still applicable. This section has been modified to read: 1611.1 Design rain loads. Each portion of a roof shall be designed to sustain the load of rainwater that will accumulate on it if the primary drainage system for that portion is blocked plus the uniform load caused by water that rises above the inlet of the secondary drainage system at its design flow. The design rainfall shall be based on a rainfall rate of 10.2 inches per hour.
(A) Equation 16-35
(B) R equals 5.2 (d with a subscript "s" plus d with a subscript "h")
(C) For SI: R equals 0.0098 (d with a subscript "s" plus d with a subscript "h") where:
(i) d with a subscript "h" equals Additional depth of water on the undeflected roof above the inlet of secondary drainage system at its design flow (in other words, the hydraulic head) in inches (mm).
(ii) D with a subscript "s" equals Depth of water on the undeflected roof up to the inlet of secondary drainage system when the primary drainage system is blocked (in other words, the static head) in inches (mm).
(iii) R equals Rain load on the undeflected roof, in psf (kN divided by square meters). Where the phrase "undeflected roof" is used, deflections from loads (including dead loads) shall not be considered when determining the amount of rain on the roof.
748:20-2-22. IBC® 2018 Chapter 17 Special Inspections and Tests [REVOKED]
748:20-2-23. IBC® 20182024 Chapter 18 Soils and Foundations [AMENDED]
(1) Section 1807.2.1 General. This section was modified to require any retaining wall greater than 4 feet (1219 mm) from the bottom of the footing to the top of the wall to have engineered plans from a professional engineer licensed in Oklahoma. This section has been modified to read: 1807.2.1 General. Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure, and water uplift. Any retaining wall greater than 4 feet (1219 mm) from the bottom of the footing to the top of the wall shall include prepared plans, signed and sealed by a professional engineer licensed in the State of Oklahoma.
(2) Section 1809.4 Depth and width of footings has been modified to provide an exception to the code for minor buildings such as small storage buildings to be constructed without expensive foundations and be mounted on skids and would apply to light gage guage metal or similar carports provided they are adequately anchored. This section has been modified to read: 1809.4 Depth and width of footings. The minimum depth of footings below the undisturbed ground surface shall be 12 inches (305 mm). Where applicable, the requirements of Section 1809.5 shall be satisfied. The minimum width of footings shall be 12 inches (305 mm). Exception: Single story free-standing building meeting all of the following conditions shall be permitted without footings:
(1)(A) Item 1. Assigned to Occupancy Risk Category 1, in accordance with Section 1604.5;
(2)(B) Item 2. Light-frame wood or metal construction;
(3)(C) Item 3. Area of 400 square feet (37 square meters) or less;
(4)(D) Item 4. Eave height of 10 feet (3048 mm) or less; and
(5)(E) Item 5. Building height of 15 feet (4572 mm) or less.
748:20-2-28. IBC® 2018 Chapter 23 Wood [REVOKED]
748:20-2-32. IBC® 2018 Chapter 27 Electrical [REVOKED]
748:20-2-34. IBC® 20182024 Chapter 29 Plumbing Systems [AMENDED]
Chapter 29 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modification modifications:
(1) Section 2902.1 Minimum number of fixtures. This section has been modified to add an exception for required plumbing fixtures for buildings or facilities intended to be unoccupied as approved by the code official. This section has been modified to read: 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided in the minimum number as shown in Table 2902.1 based on the actual use of the building or space. Uses not shown in Table 2902.1 shall be considered individually by the code official. The number of occupants shall be determined by this code. Exception: Plumbing fixtures shall not be required for buildings and facilities intended to be unoccupied and as approved by the code official, such as but not limited to, personal self-storage bays, shipping containers used only for on-site storage of materials, and structures housing equipment.
(2) Section 2902.4.1 Directional signage has been modified to limit the requirement to Group A, B, I, M, and R-1 occupancies, clarify the number of signs needed, and provide two exceptions to the requirement. This section has been modified to read: 2902.4.1 Directional signage. Directional signage indicating the route to the required public toilet facilities in group A, B, I, M, and R-1 occupancies shall be posted in a lobby, corridor, aisle, or similar space, such that the sign can be readily seen from the main entrance to the building or tenant space. Only one sign at each main entrance that is intended for public use shall be required. Exceptions:
(2) Section 2902.4.1 Directional signage has been modified to limit the requirement to Group A, B, I, M, and R-1 occupancies, clarify the number of signs needed, and provide two exceptions to the requirement. This section has been modified to read: 2902.4.1 Directional signage. Directional signage indicating the route to the required public toilet facilities in group A, B, I, M, and R-1 occupancies shall be posted in a lobby, corridor, aisle, or similar space, such that the sign can be readily seen from the main entrance to the building or tenant space. Only one sign at each main entrance that is intended for public use shall be required. Exceptions:
(3) Section 2902.7 Substitution. This section has been added to clarify when the requirements for drinking fountains may be substituted with water dispensers under specific circumstances. This section has been added to read: 2902.7 Substitution Where restaurants provide drinking water in a container free of charge, drinking fountains shall not be required in those restaurants. In other occupancies where three or more drinking fountains are required, water dispensers shall be permitted to be substituted for not more than 50 percent of the required number of drinking fountains. Exceptions:
(A) Exception 1. In Group A use with an occupant load of 50 or fewer where facilities are provided for the consumption of food or beverage and a container is provided free of charge, a water dispenser connected to the potable water distribution system and the drainage system shall be permitted to be substituted for the required drinking fountain. Water dispensers shall not be portable.
(B) Exception 2. In Group B, F, M, I-4 and S occupancies with an occupant load of 50 or fewer, a water dispenser connected to the potable water distribution system and the drainage system shall be permitted to be substituted for the required drinking fountain. Water dispensers shall not be portable.
(4) Section 2902.8 Service sink location. This section has been modified to change the Section number from 2902.7 to 2902.8. This section has been modified to read: 2902.8 Service sink location. Service sinks shall not be required to be located in individual tenant spaces in a covered mall provided that service sinks are located within a distance of travel 300 feet (91 meters) of the most remote location in the tenant space and not moved more than one story above or below the tenant space. Service sinks shall be located on an accessible route.748:20-2-36. IBC® 2018 Chapter 31 Special Construction [REVOKED]
748:20-2-37. IBC® 20182024 Chapter 32 Encroachments into the Public Right-of-Way [AMENDED]
Chapter 32 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modification: Section 3201.3 Other Laws has been modified to allow the authority having jurisdiction the ability in unusual circumstances to evaluate the risk of making an exception to a requirement in this chapter. This section has been modified to read: 3201.3 Other Laws. The provisions of this chapter shall not be construed to permit the violation of other laws or ordinances regulating the use and occupancy of public property or to prevent the holders of public right-of-way to grant special permission for encroachments in their rights-of-way greater than those permitted in Section 3202.
748:20-2-38. IBC® 2024 Chapter 33 Safeguards During Construction [NEW]
Chapter 33 of the Oklahoma adopted IBC® 2024 is adopted with the following modifications:
(1) Section 3311.1 Where required. This section has been modified to change the height requirement of standpipes provided for use during construction from 40 feet to 30 feet. This section has been modified to read: 3311.1 Where required. In buildings required to have standpipes by Section 905.3.1, not fewer than one standpipe shall be provided for use during construction. Such standpipes shall be installed prior to construction exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access. Such standpipes shall be provided with fire department hose connections at locations adjacent to stairways complying with Section 3310.1. As construction progresses, such standpipes shall be extended to within one floor of the highest point of construction secured to decking or flooring.
(2) Section [F] 3313.1 Where required. The exception to this section has been modified to allow the fire code official to approve other water supply alternatives under certain circumstances. This section has been modified to read: [F] 3313.1 Where required. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible building materials arrive on the site, on commencement of vertical combustible construction, and on installation of a standpipe system in buildings under construction, in accordance with Sections 3313.2 through 3313.5. Exception: The fire code official is authorized to reduce the fire flow requirements or approve other water supply alternatives for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements is impractical.
(3) Section [F] 3313.2 Combustible building materials. This section has been modified to add an exception to authorize the fire code official to reduce the fire flow requirements or allow other alternatives under certain circumstances. This section has been modified to read: [F] 3313.2 Combustible building materials. When combustible building materials of the building under construction are delivered to a site, a minimum fire flow of 500 gallons per minute (1893 liters per minute) shall be provided. The fire hydrant used to provide this fire flow supply shall be within 500 feet (152 meters) of the combustible building materials, as measured along an approved fire apparatus access lane. Where the site configuration is such that one fire hydrant cannot be located with 500 feet (152 meters) of all combustible building materials, additional fire hydrants shall be required to provide coverage in accordance with this section. Exception: The fire code official is authorized to reduce the fire flow requirements or allow other alternatives for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements is impractical.
748:20-2-40. IBC® 20182024 Chapter 35 Referenced Standards [AMENDED]
Chapter 35 of the Oklahoma adopted IBC® 2018 2024 is adopted with the following modifications:
(1)(2) The reference to ICC 500® has been modified to change the sections to be referenced. This section has been modified to read: ICC 500®-14 ICC 500® 2023 ICC/NSSA Standard on the Design and Construction of Storm Shelters, Code reference sections: 202, 423.1, 423.2, 423.3, 423.3.1, 423.4, 423.5, 423.5.1, 423.5.2, 423.5.2.1, 423.5.3, 423.5.4, 423.5.5, 423.5.6, 423.5.6.1, 423.5.7, 423.5.8, 423.5.9, 423.5.10, 423.6, 423.6.1, 423.6.2, 423.6.3, 423.6.4, 423.6.4.1, 423.6.5, 423.6.6, 423.6.7, 1031.2, 1604.5.1 and 423.5.11 1604.10.
(2)(3) The reference to the International Existing Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IEBC®-18 IEBC®-24 International Existing Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(3)(4) The reference to the International Energy Conservation Code® has been modified to change the edition year to 2006. This section has been modified to read: IECC®-06 International Energy Conservation Code®.
(4)(5) The reference to the International Fire Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFC®-18 IFC®-24 International Fire Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(5)(6) The reference to the International Fuel Gas Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFGC®-18 IFGC®-24 International Fuel Gas Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(6)(7) The reference to the International Mechanical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IMC®-18 IMC®-24 International Mechanical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(7)(8) The reference to the International Plumbing Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IPC®-18 IPC®-24 International Plumbing Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(8)(9) The reference to the International Residential Code® has been modified to change the edition year to 2018 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IRC®-18 IRC®-24 International Residential Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(9)(10) The referenced standard for NFPA® 70 National Electrical Code® has been modified to add after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: 70-23 National Electrical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(10) The referenced standard ISO 668 - 2013 Series 1 Freight Containers - Classifications, Dimensions and Ratings has been added to the referenced standards. This standard has been added to read: ISO 668 - 2013 Series 1 Freight Containers - Classifications, Dimensions and Ratings. Code reference sections: Table 3114.8.5.3.
(11) The referenced standard ISO 1496-1 - 2013 Series 1 Freight Containers - Specification and Testing - Part 1: General Cargo Containers for General Purposes has been added to the referenced standards. This standard has been added to read: ISO1496-1 - 2013 Series 1 Freight Containers - Specification and Testing - Part 1: General Cargo Containers for General Purposes. Code reference sections: 3114.8, Table 3114.8.5.3.
(12) The referenced standard ISO 6346 - 1995 with Amendment 3 - 2012 Freight Containers - Coding, Identification and Marking has been added to the referenced standards. This standard has been added to read: ISO 6346 - 1995 with Amendment 3 - 2012 Freight Containers - Coding, Identification and Marking. Code reference section: 3114.3.
(13) The referenced standard NFPA® 780 - 17 Standard for the Installation of Lightning Protection Systems has been added to the referenced standards. This standard has been added to read: NFPA® 780 - 17 Standard for the Installation of Lighting Protection Systems. Code reference section: 2703.2.
(14) The referenced standard UL 96A - 2016 Standard for Installation Requirements for Lightning Protection Systems has been added to the referenced standards. This standard has been added to read: UL 96A - 2016 Standard for Installation Requirements for Lightning Protection Systems. Code reference section: 2703.2
(15) The referenced standard UL 1489-2016 Fire Resistant Piping Protection Systems Carrying Combustible Liquids has been added to the referenced standards. This standard has been added to read: UL 1489-2016 Fire Resistant Piping Protection Systems Carrying Combustible Liquids. Code reference sections: 403.4.8.2, 2702.1.2.
(1) The reference to ACI 318-19 Building Code Requirements for Structural Concrete® has been modified to change the edition year from 2019 to 2025. This section has been modified to read: ACI 318-25 Building Code Requirements for Structural Concrete®
SUBCHAPTER 4. IFC® 20182024 [AMENDED]
748:20-4-1. Adoption of the International Fire Code®, 2018 Edition (IFC® 20182024 Edition (IFC® 2024) [AMENDED]
(a) The Oklahoma Uniform Building Code Commission (the "OUBCC") hereby adopts the International Fire Code®, 2018 2024 Edition (IFC® 2018 2024), second first printing (April, 2018October, 2023) as amended and modified in this subchapter as the statewide minimum code for residential and commercial fire prevention and fire protection systems within the State of Oklahoma pursuant to 59 O.S. § 1000.23.
(b) The OUBCC through formal action expressly chose to adopt the IFC® 2018 2024 as amended and modified in this subchapter, as the statewide minimum code for residential and commercial fire prevention and fire protection systems within the State of Oklahoma. In like manner, the OUBCC through formal action expressly chose not to adopt the International Fire Code®, 2021 Edition (IFC®, 2021) for any purpose.
(c) As part of its 2012 code cycle, the International Code Council, Inc. (ICC) reorganized the format of certain of its model codes as it was foreseeable to ICC that additional chapters will need to be added in the future as model regulations for new processes or operations are developed. The format reorganization was designed by ICC to accommodate such future chapters by providing reserved (unused) chapters in several parts of certain of its model codes as part of its 2012 code cycle. The format reorganization continues into the ICC's 2018 2024 code cycle and is adopted by the OUBCC to the extent provided in this subchapter by the phrase "reserved for future use" inserted in lieu of titles for chapters.
(d) The OUBCC has pulled from the ICC website, published errata to the second printing of the IFC® through July 31, 2019. Any errata Errata published after that date by the ICC for the IFC® 2024 has not been reviewed or incorporated into these rules.
(e) This material contains information which is proprietary to and copyrighted by the International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED.748:20-4-2. Effect of Adoption [AMENDED]
The IFC® 2018 2024 as amended and revised by these rules is hereby established and adopted as the statewide minimum code for residential and commercial fire prevention and fire protection systems within the State of Oklahoma pursuant to 59 O.S. § 1000.23, and may only be amended or altered by other jurisdictions pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code.
748:20-4-3. IFC® 20182024 and Other Appendices [AMENDED]
(a) None of the appendices of the IFC® 2018 2024 have been adopted by the OUBCC for inclusion in the statewide minimum code for residential and commercial fire prevention and fire protection systems within the State of Oklahoma.
(b) The OUBCC hereby creates a new appendix entitled "Appendix O P, Egress Path Markings for Existing Buildings."
(c) The OUBCC has removed from Chapter 11 of the IFC® 2018 2024, Section 1104.25 entitled "Egress Path Markings" and has relocated and renumbered the section to the newly created Appendix O P entitled "Egress Path Markings for Existing Buildings."
(d) Appendices A through748:20-4-4. IFC® 20182024 Provisions Adopted and Modified [AMENDED]
(a) All chapters and provisions within chapters, including exceptions, of the IFC® 2018 2024 not specifically addressed within these rules as being modified, deleted, moved or removed are hereby adopted without modification as the statewide minimum code for residential and commercial fire prevention and fire protection systems within the State of Oklahoma pursuant to 59 O.S. § 1000.23. Chapters and provisions within chapters, including exceptions adopted with modifications are specifically addressed in these rules.
(b) The ICC® has reserved Chapters 13 through 19, Chapters 40 42 through 49, Chapter 52, and Chapters 68 through 79 for possible future use. The OUBCC has not adopted Chapters 13 through 19, Chapters 40 42 through 49, Chapter 52, and Chapters 68 through 79 and these chapters are not considered part of the statewide minimum code for residential and commercial fire prevention and fire protection systems within the State of Oklahoma.
(c) To the extent any references in the IFC®748:20-4-6. IFC® 20182024 Chapter 1 Scope and Administration [AMENDED]
Chapter 1 of the Oklahoma adopted IFC® 2018 2024 includes the following Preamble at the very beginning of the chapter:
(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IFC® 2018 2024 as amended and revised by the Commission, as the statewide minimum code to be used by all entities for residential and commercial fire prevention and fire protection systems in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IFC® 2018 2024 is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for residential and commercial fire prevention and fire protection systems.
(2) All provisions of the adopted IFC® 2018 2024, including Chapter 1, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for residential and commercial fire prevention and fire protection systems within Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.
(3) Section 105.1.1 Annual permit. This section has been modified to clarify an annual permit is a yearly permit that represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. This section has been modified to read: 105.1.1 Annual permit. An annual permit is a yearly permit which represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. The building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
(4) Section 105.1.2 Annual permit records. This section has been modified to require the building official to collect the OUBCC permit fee for each individual permit that is part of the annual permit at the completion of the annual permit term. This section has been modified to read: 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such detailed records of alterations at all times. At the completion of the entity's annual permit term, the applicant shall file such detailed records of alterations with the building official. Pursuant to the authority of 59 O.S. § 1000.25, the building official shall collect fees for each individual permit which is part of the annual permit once the detailed records are submitted and remit such fees to the OUBCC.
748:20-4-7. IFC® 20182024 Chapter 2 Definitions [AMENDED]
Chapter 2 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications:
(4) The definition of a SELF-SERVICE STORAGE FACILITY from the International Building Code®, (Section 202) has been added to clarify multiple references in the code. This definition has been added to read: SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.
(5) The definition of a SHARED COMMON USE AREAS has been added to clarify what is considered as shared common use areas. This definition has been added to read: SHARED COMMON USE AREAS. Rooms, spaces, or elements, inside or outside of a building which are available for the use of occupants of more than one tenant space or building. These areas may include, but are not limited to, restrooms, hallways, lounges, lobbies, reception counters, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between buildings or tenant spaces.
(6) Section 203.4.2.4 Seven or fewer children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility in the home and tclarifies the total number of children includes both those under and over two and one-half years of age. This section has been added to read: 203.4.2.4 Seven or fewer children in a dwelling. A facility such as the above within a detached dwelling and having seven or fewer children receiving such day care shall be permitted to comply with the International Residential Code®. This number shall include children two and one-half years or less of age.
(7) Section 203.4.2.5 Eight to 12 children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility with eight to 12 children in a dwelling, allowing the licensed daycare facility to comply with the requirements of the IRC® so long as the structure if fire-sprinklered, and clarifies the total number of children include both those under and over two and one-half years of age. This section has been added to read: 203.4.2.5 Eight to 12 children in a dwelling. A facility such as the above within a detached dwelling and having eight to 12 children receiving such day care shall comply with the International Residential Code® provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code®. This number shall include children two and one-half years or less of age.
(8) Section 203.7.4.5 Seven or fewer children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility in the home and clarifies the total number of children includes both those under and over two and one-half years of age. This section has been added to read: 203.7.4.5 Seven or fewer children in a dwelling. A facility such as the above within a detached dwelling and having seven or fewer children receiving such day care shall be permitted to comply with the International Residential Code®. This number shall include children two and one-half years or less of age.
(9) Section 203.7.4.6 Eight to 12 children in a dwelling. This section has been added to align the code with the Oklahoma Department of Human Services regulations for a licensed daycare facility with eight to 12 children in a dwelling, allowing the licensed daycare facility to comply with the requirements of the IRC® so long as the structure if fire-sprinklered, and clarifies the total number of children include both those under and over two and one-half years of age. This section has been added to read: 203.7.4.6 Eight to 12 children in a dwelling. A facility such as the above within a detached dwelling and having eight to twelve children receiving such day care shall comply with the International Residential Code® provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code®. This number shall include children two and one-half years or less of age(A) Buildings that do not include more than two dwelling units.
(B) Care facilities that provide accommodations for five or fewer persons receiving care.
(C) Congregate living facilities (nontransient) with 16 or fewer occupants
(i) Boarding houses (nontransient)
(ii) Convents
(iii) Dormitories
(iv) Emergency services living quarters
(v) Fraternities and sororities
(vi) Monasteries
(E) Boarding houses (transient)
(F) Lodging houses with four or fewer guest rooms and no more than 2 persons per room.
(G) Hotels (nontransient) with five or fewer guestrooms.
(H) Motels (nontransient) with five or fewer guestrooms.
(11) Section 203.9.3.2 [BG] Lodging houses. This section has been modified to align the section to the requirements in Title 74 O.S. § 317.1 and clarify the International Residential Code® (IRC®) can be utilized so long as the lodging house facilities have four or fewer rooms and limit the number of guests to no more than two persons per room, if constructed in compliance with the requirements of the International Residential Code®. This section has been modified to read: 203.9.3.2 Lodging houses. Owner-occupied lodging houses with four or fewer guest rooms and no more than 2 persons per room, shall be constructed in accordance with the International Building Code® or the International Residential Code®, provided that facilities constructed using the International Residential Code® are protected by an automatic sprinkler system installed in accordance with P2904 of the International Residential Code®.
748:20-4-8. IFC® 20182024 Chapter 3 General Requirements [AMENDED]
Chapter 3 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications:
(3) Section 311.5 Placards. This section has been modified to correct errata published by the ICC by changing the section number reference, to be utilized when determining if vacant or abandoned buildings or structures are deemed unsafe related from structural or interior hazards, from Section 110 to Section 111. This section has been modified to read: 311.5 Placards. Any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 111 of this code relating to structural or interior hazards shall be marked as required by Sections 311.5.1 through 311.5.5.
(4) Section 311.5.4 Placard symbols. This section has been modified to correct errata published by the ICC. The correction adds the symbols to be used for the placards. The section has been modified to read: 311.5.4 Placard symbols. The design of placards shall use the following symbols:
(A) A square comprised of four equal sides with four equal 90-degree angles drawn in black with a white center has been added as the symbol for the first placard. This symbol shall mean that the structure had normal structural conditions at the time of marking.
(B) A square comprised of four equal sides with four equal 90-degree angles drawn in black with a white center and a diagonal line drawn in the middle of the white center from the upper left 90-degree angle to the lower right 90-degree angle has been added for the symbol for the second placard. This symbol shall mean that structural or interior hazards exist and interior fire-fighting or rescue operations should be conducted with extreme caution.
(C) A square comprised of four equal sides with four equal 90-degree angles drawn in black with a white center and two diagonal lines drawn in the middle of the white center, one from the upper left 90-degree angle to the lower right 90-degree angle and one from the upper right 90-degree angle to the lower left 90-degree angle, forming a "X" has been added. This symbol shall mean that structure or interior hazards exist to a degree that consideration should be given to limit fire-fighting to exterior operations only; with entry only occurring for known life hazards.
(D) Vacant marker hazard identification symbols: The following symbols shall be used to designate known hazards on the vacant building marker. They shall be placed directly above the symbol.
(i) R/O - Roof open.
(ii) S/M - Stairs, steps and landing missing.
(iii) F/E - Avoid fire escapes.
(iv) H/F - Holes in floor.
(5) Table 315.7.6(1) Separation Distance between Wood Pallet Stacks and Buildings. This table lists the different separation distances needed between wood pallets based on the wall construction and opening type of the building where the pallets are stored. This table has been modified to change the separation distances between wood pallets in several categories. The table has been modified to read: Table 315.7.6(1) Separation Distance between Wood Pallet Stacks and Buildings. The modified table contains 9 rows and 3 columns with the third column split into three subcolumns as described below:
(A) Row 1 contains the header for each column and subcolumn and is listed below:
(i) Row 1, column 1 is entitled "Wall Construction."
(ii) Row 1, column 2 is entitled "Opening Type."
(iii) Row 1, column 3 is entitled "Wood Pallet Separation Distance (feet)" and has three subcolumns as described below:
(I) Row 1, column 3, subcolumn 1 is entitled "Less than or Equal to 50 Pallets."
(II) Row 1, column 3, subcolumn 2 is entitled "51 to 200 Pallets."
(III) Row 1, column 3, subcolumn 3 is entitled "Greater than 200 Pallets."
(B) Row 2 has not been modified and contains the following:
(i) Row 2, column 1 contains the wall type "Masonry."
(ii) Row 2, column 2 contains the wall type "None."
(iii) Row 2, column 3, subcolumn 1 contains the wood pallet separation distance "2."
(iv) Row 2, column 3, subcolumn 2 contains the wood pallet separation distance "2."
(v) Row 2, column 3, subcolumn 3 contains the wood pallet separation distance "2."
(C) Row 3 has not been modified and contains the following:
(i) Row 3, column 1 contains the wall type "Masonry."
(ii) Row 3, column 2 contains the wall type "Fire-rated glazing with open sprinklers."
(iii) Row 3, column 3, subcolumn 1 contains the wood pallet separation distance "2."
(iv) Row 3, column 3, subcolumn 2 contains the wood pallet separation distance "5."
(v) Row 3, column 3, subcolumn 3 contains the wood pallet separation distance "20."
(D) Row 4 has been modified in column 3 subcolumns 1 and 2. The row, with the corrected information, is listed below:
(i) Row 4, column 1 contains the wall type "Masonry."
(ii) Row 4, column 2 contains the wall type "Fire-rated glazing."
(iii) Row 4, column 3, subcolumn 1 contains the wood pallet separation distance "5."
(iv) Row 4, column 3, subcolumn 2 contains the wood pallet separation distance "10."
(v) Row 4, column 3, subcolumn 3 contains the wood pallet separation distance "20."
(E) Row 5 has been modified in column 3 subcolumns 1 and 2. The row, with the corrected information, is listed below:
(i) Row 5, column 1 contains the wall type "Masonry."
(ii) Row 5, column 2 contains the wall type "Plain glass with open sprinklers."
(iii) Row 5, column 3, subcolumn 1 contains the wood pallet separation distance "5."
(iv) Row 5, column 3, subcolumn 2 contains the wood pallet separation distance "10."
(v) Row 5, column 3, subcolumn 3 contains the wood pallet separation distance "20."
(F) Row 6 has been modified in column 3 subcolumns 1 and 2. The row, with the corrected information, is listed below:
(i) Row 6, column 1 contains the wall type "Noncombustible."
(ii) Row 6, column 2 contains the wall type "None."
(iii) Row 6, column 3, subcolumn 1 contains the wood pallet separation distance "5."
(iv) Row 6, column 3, subcolumn 2 contains the wood pallet separation distance "10."
(v) Row 6, column 3, subcolumn 3 contains the wood pallet separation distance "20."
(G) Row 7 has been modified in column 3 subcolumns 1 and 2. The row with the corrected information is listed below:
(i) Row 7, column 1 contains the wall type "Wood with open sprinklers."
(ii) Row 7, column 2 contains the wall type "dash."
(iii) Row 7, column 3, subcolumn 1 contains the wood pallet separation distance "5."
(iv) Row 7, column 3, subcolumn 2 contains the wood pallet separation distance "10."
(v) Row 7, column 3, subcolumn 3 contains the wood pallet separation distance "20."
(H) Row 8 has not been modified and contains the following:
(i) Row 8, column 1 contains the wall type "Wood."
(ii) Row 8, column 2 contains the wall type "None."
(iii) Row 8, column 3, subcolumn 1 contains the wood pallet separation distance "15."
(iv) Row 8, column 3, subcolumn 2 contains the wood pallet separation distance "30."
(v) Row 8, column 3, subcolumn 3 contains the wood pallet separation distance "90."
(I) Row 9 has not been modified and contains the following:
(i) Row 9, column 1 contains the wall type "Any."
(ii) Row 9, column 2 contains the wall type "Plain glass."
(iii) Row 9, column 3, subcolumn 1 contains the wood pallet separation distance "15."
(iv) Row 9, column 3, subcolumn 2 contains the wood pallet separation distance "30."
(v) Row 9, column 3, subcolumn 3 contains the wood pallet separation distance "90."
(J) Below the table the following information is listed: "For SI: 1 foot equals 304.8 mm."
(6)(3) Section 320 323 Storm Shelters. This section header has been added to the code to signify the addition of a new section of code to address upkeep and maintenance of commercial storm shelters. This section header has been added to read: SECTION 320 323 STORM SHELTERS.
(7)(4) Section 320.1 Inspection and maintenance 323.1 General. This section has been added to require the evaluation, maintenance and repair of commercial storm shelters to comply with an occupant load of 50 or more to be inspected and maintained in accordance with this section and ICC 500®. This section has been added to read: 320.1 Inspection and maintenance 323.1 General. Storm shelters with an occupant load of 50 or more shall be inspected and evaluated, maintained and repaired in accordance with this section and ICC 500®.
(8) Section 320.1.1 Visual inspection. This section has been added to require quarterly visual inspections of the shelter envelope and the impact protective devices, such as doors and door hardware to ensure there is no visible damage. This section has been added to read: 320.1.1 Visual inspection. Visual inspection of the shelter envelope and the impact protective devices, such as doors and door hardware, shall occur quarterly to ensure there is no visible damage to the shelter envelope or impact protective systems.
(9) Section 320.1.2 Functional inspection. This section has been added to require quarterly functional inspections of the impact protective devices, such as doors and door hardware to make sure the devices ensure proper door operation. This section has been added to read: 320.1.2 Functional inspection. Functional inspections of the impact protective devices, such as doors and door hardware, shall occur quarterly, to ensure these devices are maintained to ensure proper door operation.
(10) Section 320.1.3 Recordkeeping. This section has been added to require records to be kept of the quarterly inspections and any other tests, services and other operations and maintenance to be maintained on the premises or other approved location for not less than 3 years, or a different time period where specified in this code or referenced standards. It requires the records to be made available for inspection by the fire code official, if requested. This section authorizes the fire code official to prescribe the form and format of such recordkeeping and to require that certain required records be filed with the fire code official. This section has been added to read: 320.1.3 Recordkeeping. A record of the quarterly inspections, and any other tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official upon request, and a copy of the records shall be provided to the fire code official if requested. The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.
(11) Section 320.1.4 Supervision. This section has been added to require the maintenance and testing of the storm shelter to be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code. This section has been added to read: 320.1.4 Supervision. Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code.
(12) Section 320.2 Damage or missing components. This section has been added to require storm shelters to be maintained in accordance with ICC 500® so the roof and walls are intact and undamaged. The section requires any damage to the storm shelter or its impact protective systems that impairs the functionality of the shelter to be repaired or replaced and that missing equipment and components are replaced. This section has been added to read: 320.2 Damage or missing components. Storm shelters shall be maintained in accordance with ICC 500® so that walls and roofs are intact and undamaged. Any damage to the storm shelter or its impact-protective systems that impair functionality shall be repaired or replaced in accordance with ICC 500®. Missing equipment and components shall be replaced.
(13) Section 320.3 Replacement components. This section has been added to require when necessary, the replacement of any impact protective systems, including certified doors, shutters windows or their frames, hardware and closing mechanisms, replacements shall comply with the applicable ICC 500® requirements. This section has been added to read: 320.3 Replacement components. Where it is necessary to replace impact protective systems, including certified doors, shutters, windows or their frames, hardware and closing mechanisms, replacements shall comply with applicable ICC 500® requirements.
(1) Section 301.1 Scope. This section has been modified to clarify the scope of the chapter applies to life safety in addition to the occupancy and maintenance of all structures and premises for precautions against the spread of fire and general requirements of fire safety. This section has been modified to read: 301.1 Scope. The provisions of this chapter shall govern the occupancy and maintenance of all structures and premises for precautions against fire and the spread of fire and general requirements of fire and life safety.
(2) Section 308.1.6.3 Sky lanterns. This section has been modified to prohibit the use of any sky lanterns in the State of Oklahoma. This section has been modified to read: 308.1.6.3 Sky lanterns. A person shall not release or cause to be released a sky lantern in the State of Oklahoma per Title 68 O.S. § 1624.1.
748:20-4-9. IFC® 2018 Chapter 4 Emergency Planning and Preparedness [REVOKED]
748:20-4-10. IFC® 20182024 Chapter 5 Fire Service Features [AMENDED]
Chapter 5 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modification: Section 508.1.3 Size, has been modified to include an exception to make the fire command center smaller when approved by the fire code official. This section has been modified to read: 508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 square meters) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater. Exception: When approved by the fire code official the fire command center can be reduced in size to not less than a minimum of 96 square feet (9 square meters) with a minimum dimension of 8 feet (2438 mm). Section 510.1 Emergency responder communications enhancement systems in new buildings. This section has been modified to authorize the fire code official to require a third-party inspection by an approved agency to ensure adequate radio coverage is provided. This section has been modified to read:
(1) 510.1 Emergency responder communications enhancement systems in new buildings. Approved in-building emergency responder communications enhancement systems (ERCES) for emergency responders shall be provided in all new buildings. In-building ERCES within the building shall be based on the existing coverage levels of public safety communications systems utilized by the jurisdiction, measured at the exterior of the building. The ERCES where required, shall be of a type determined by the fire code official and the frequency license holder(s). This section shall not require improvement of the existing public safety communications system.
(2) The fire code official is authorized to require a third-party inspection by an approved agency to ensure adequate radio coverage is provided.
(3) Exceptions:
(A) Exception 1. Where approved by the building official and the fire code official, a wired communications system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained instead of an approved communications coverage system.
(B) Exception 2. Where it is determined by the fire code official that the communications coverage system is not needed.
(C) Exception 3. In facilities where emergency responder communications coverage is required and such systems, components or equipment required could have a negative impact on normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder communications coverage system.
(D) Exception 4. One-story buildings not exceeding 12,000 square feet (11115 square meters) with no below-ground areas.
748:20-4-11. IFC® 20182024 Chapter 6 Building Services and Systems [AMENDED]
Chapter 6 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications modification: (1) Section [M] 607.2 606.2 Where required. This section has been modified to allow a Type II hood equipped with a suppression system listed in accordance with UL 300A or meeting the requirements ICC-ES 1031, to be permitted in new construction or renovation of, when approved, adult day care facilities or child day care facilities having an occupant load of 16 or less, with a single domestic medium duty cooking appliance utilized for warming food only. This section has been modified to read:[M] 607.2 606.2 Where required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. Exceptions:
748:20-4-14. IFC® 20182024 Chapter 9 Fire Protection Systems [AMENDED]
Chapter 9 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications modification: Section 903.5.1 Records retention. This section has been added to require all new fire sprinkler systems record documentation to be provided with a documentation cabinet as approved and specify what documentation should be kept inside the cabinet. This section has been added to read: 903.5.1 Records retention. For all new fire sprinkler systems, record documentation must be provided in a documentation cabinet at an approved location. This documentation cabinet shall include as-built drawings, product data, hydraulic calculations, and all approval documentation as required by the fire code official.
(1) Section 903.2.9 Group S-1. This section has been modified to add an exception to the fifth requirement in the list for when an automatic fire sprinkler system is required. This section has been modified to read: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
(A) A Group S-1 fire area exceeds 12,000 square feet (1115 square meters).
(B) A Group S-1 fire area is located more than three stories above grade plane.
(C) The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 square meters).
(D) A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 square meters).
(E) A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet (232 square meters). Exception: Self-service storage facility where the fire area is less than 5,000 square feet (464 square meters).
(2) Table 903.2.11.6 Additional Required Fire Suppression Systems. This table has been modified to add a row for stationary and mobile energy storage systems. This table has been modified to read: Table 903.2.11.6 Additional Required Fire Suppression Systems. The table contains 62 rows with two columns per row and is described below:
(A) Row 1 is the header row and has the following headers in the two columns:
(i) Row 1, column 1 is entitled "Section"
(ii) Row 1, column 2 is entitled "Subject"
(B) Row 2 has not been modified and contains the following information:
(i) Row 2, column 1 contains the section number "914.2.1."
(ii) Row 2, column 2 contains the wording "Covered and open mall buildings."
(C) Row has not been modified and contains the following information:
(i) Row 3, column 1 contains the section number "914.3.1."
(ii) Row 3, column 2 contains the wording "High-rise buildings."
(D) Row 4 has not been modified and contains the following information:
(i) Row 4, column 1 contains the section number "914.4.1."
(ii) Row 4, column 2 contains the wording "Atriums."
(E) Row 5 has not been modified and contains the following information:
(i) Row 5, column 1 contains the section number "914.5.1."
(ii) Row 5, column 2 contains the wording "Underground structures."
(F) Row 6 has not been modified and contains the following information:
(i) Row 6, column 1 contains the section number "914.6.1."
(ii) Row 6, column 2 contains the wording "Stages."
(G) Row 7 has not been modified and contains the following information:
(i) Row 7, column 1 contains the section number "914.7.1."
(ii) Row 7, column 2 contains the wording "Special amusement buildings."
(H) Row 8 has not been modified and contains the following information:
(i) Row 8, column 1 contains the section number "914.8.2."
(ii) Row 8, column 2 contains the wording "Air traffic control towers."
(I) Row 9 has not been modified and contains the following information:
(i) Row 9, column 1 contains the section number "914.8.3, 914.8.6."
(ii) Row 9, column 2 contains the wording "Aircraft hangars."
(J) Row 10 has not been modified and contains the following information:
(i) Row 10, column 1 contains the section number "914.9."
(ii) Row 10, column 2 contains the wording "Flammable finishes."
(K) Row 11 has not been modified and contains the following information:
(i) Row 11, column 1 contains the section number "914.10."
(ii) Row 11, column 2 contains the wording "Drying rooms."
(L) Row 12 has not been modified and contains the following information:
(i) Row 12, column 1 contains the section number "914.11.1."
(ii) Row 12, column 2 contains the wording "Ambulatory care facilities."
(M) Row 13 has not been modified and contains the following information:
(i) Row 13, column 1 contains the section number "1029.6.2.3."
(ii) Row 13, column 2 contains the wording "Smoke-protected assembly seating."
(N) Row 14 has not been modified and contains the following information:
(i) Row 14, column 1 contains the section number "1103.5.1."
(ii) Row 14, column 2 contains the wording "Existing Group A occupancies."
(O) Row 15 has not been modified and contains the following information:
(i) Row 15, column 1 contains the section number "1103.5.2."
(ii) Row 15, column 2 contains the wording "Pyroxylin plastic storage in existing buildings."
(P) Row 16 has not been modified and contains the following information:
(i) Row 16, column 1 contains the section number "1103.5.3."
(ii) Row 16, column 2 contains the wording "Existing Group I-2 occupancies."
(Q) Row 17 has not been modified and contains the following information:
(i) Row 17, column 1 contains the section number "1103.5.4."
(ii) Row 17, column 2 contains the wording "Existing Group I-2, Condition 2 occupancies."
(R) Row 18 has not been modified and contains the following information:
(i) Row 18, column 1 contains the section number "1103.5.4."
(ii) Row 18, column 2 contains the wording "Pyroxylin plastics."
(S) Row 19 has been modified and contains the following information:
(i) Row 19, column 1 contains the section number "Table 1206.7, Table 1206.8, Table 1206.9, Table 1206.10."
(ii) Row 19, column 2 contains the wording "Stationary and mobile energy storage systems."
(T) Row 20 has not been modified and contains the following information:
(i) Row 20, column 1 contains the section number "2108.2."
(ii) Row 20, column 2 contains the wording "Dry cleaning plants."
(U) Row 21 has not been modified and contains the following information:
(i) Row 21, column 1 contains the section number "2108.3."
(ii) Row 21, column 2 contains the wording "Dry cleaning machines."
(V) Row 22 has not been modified and contains the following information:
(i) Row 22, column 1 contains the section number "2309.3.1.5.2."
(ii) Row 22, column 2 contains the wording "Hydrogen motor fuel-dispensing area canopies."
(W) Row 23 has not been modified and contains the following information:
(i) Row 23, column 1 contains the section number "2404.2."
(ii) Row 23, column 2 contains the wording "Spray finishing in Group A, E, I or R."
(X) Row 24 has not been modified and contains the following information:
(i) Row 24 column 1 contains the section number "2404.4."
(ii) Row 24, column 2 contains the wording "Spray booths and spray rooms."
(Y) Row 25 has not been modified and contains the following information:
(i) Row 25, column 1 contains the section number "2405.2."
(ii) Row 25, column 2 contains the wording "Dip-tank rooms in Group A, I or R."
(Z) Row 26 has not been modified and contains the following information:
(i) Row 26, column 1 contains the section number "2405.4.1."
(ii) Row 26, column 2 contains the wording "Dip tanks."
(AA) Row 27 has not been modified and contains the following information:
(i) Row 27, column 1 contains the section number "2405.9.4."
(ii) Row 27, column 2 contains the wording "Hardening and tempering tanks."
(BB) Row 28 has not been modified and contains the following information:
(i) Row 28, column 1 contains the section number "2703.10."
(ii) Row 28, column 2 contains the wording "HPM facilities."
(CC) Row 29 has not been modified and contains the following information:
(i) Row 29, column 1 contains the section number "2703.10.1.1."
(ii) Row 29, column 2 contains the wording "HPM work station exhaust."
(DD) Row 30 has not been modified and contains the following information:
(i) Row 30, column 1 contains the section number "2703.10.2."
(ii) Row 30, column 2 contains the wording "HPM gas cabinets and exhausted enclosures."
(EE) Row 31 has not been modified and contains the following information:
(i) Row 31, column 1 contains the section number "2703.10.3."
(ii) Row 31, column 2 contains the wording "HPM exit access corridor."
(FF) Row 32 has not been modified and contains the following information:
(i) Row 32, column 1 contains the section number "2703.10.4."
(ii) Row 32, column 2 contains the wording "HPM exhaust ducts."
(GG) Row 33 has not been modified and contains the following information:
(i) Row 33, column 1 contains the section number 2703.10.4.1."
(ii) Row 33, column 2 contains the wording "HPM noncombustible ducts."
(HH) Row 34 has not been modified and contains the following information:
(i) Row 34, column 1 contains the section number "2703.10.4.2."
(ii) Row 34, column 2 contains the wording "HPM combustible ducts."
(II) Row 35 has not been modified and contains the following information:
(i) Row 35, column 1 contains the section number "2807.3."
(ii) Row 35, column 2 contains the wording "Lumber production conveyor enclosures."
(JJ) Row 36 has not been modified and contains the following information:
(i) Row 36, column 1 contains the section number 2808.7."
(ii) Row 36, column 2 contains the wording "Recycling facility conveyor enclosures."
(KK) Row 37 has not been modified and contains the following information:
(i) Row 37, column 1 contains the section number "3006.1."
(ii) Row 37, column 2 contains the wording "Class A and B ovens."
(LL) Row 38 has not been modified and contains the following information:
(i) Row 38, column 1 contains the section number "3006.2."
(ii) Row 38, column 2 contains the wording "'Class C and D ovens."
(MM) Row 39 has not been modified and contains the following information:
(i) Row 39, column 1 contains the section number "Table 3206.2."
(ii) Row 39, column 2 contains the wording "Storage fire protection."
(NN) Row 40 has not been modified and contains the following information:
(i) Row 40, column 1 contains the section number "3206.4."
(ii) Row 40, column 2 contains the wording "Storage."
(OO) Row 41 has not been modified and contains the following information:
(i) Row 41, column 1 contains the section number "3704.5."
(ii) Row 41, column 2 contains the wording "Storage of more than 1,000 cubic feet of loose combustible fibers."
(PP) Row 42 has not been modified and contains the following information:
(i) Row 42, column 1 contains the section number "5003.8.4.1."
(ii) Row 42, column 2 contains the wording "Gas rooms."
(QQ) Row 43 has not been modified and contains the following information:
(i) Row 43, column 1 contains the section number "5003.8.5.2."
(ii) Row 43, column 2 contains the wording "Exhausted enclosures."
(RR) Row 44 has not been modified and contains the following information:
(i) Row 44, column 1 contains the section number "5004.5."
(ii) Row 44, column 2 contains the wording "Indoor storage of hazardous materials"
(SS) Row 45 has not been modified and contains the following information:
(i) Row 45, column 1 contains the section number "5005.1.8."
(ii) Row 45, column 2 contains the wording "Indoor dispensing of hazardous materials."
(TT) Row 46 has not been modified and contains the following information:
(i) Row 46, column 1 contains the section number "5104.4.1."
(ii) Row 46, column 2 contains the wording "Aerosol product warehouses."
(UU) Row 47 has not been modified and contains the following information:
(i) Row 47, column 1 contains the section number "5106.3.2."
(ii) Row 47, column 2 contains the wording "Aerosol display and merchandising areas."
(VV) Row 48 has not been modified and contains the following information:
(i) Row 48, column 1 contains the section number "5306.2.1."
(ii) Row 48, column 2 contains the wording "Exterior medical gas storage room."
(WW) Row 49 has not been modified and contains the following information:
(i) Row 49, column 1 contains the section number "5306.2.2."
(ii) Row 49, column 2 contains the wording "Interior medical gas storage room."
(XX) Row 50 has not been modified and contains the following information:
(i) Row 50, column 1 contains the section number "5306.2.3."
(ii) Row 50, column 2 contains the wording "Medical gas storage cabinet."
(YY) Row 51 has not been modified and contains the following information:
(i) Row 51, column 1 contains the section number "5606.5.2.1."
(ii) Row 51, column 2 contains the wording "Storage of smokeless propellant."
(ZZ) Row 52 contains the following information for the two columns described in header row 1.
(i) Row 52, column 1 contains the section number "5606.5.2.3."
(ii) Row 52, column 2 contains the wording "Storage of small arms primers."
(AAA) Row 53 has not been modified and contains the following information:
(i) Row 53, column 1 contains the section number "5704.3.7.5.1."
(ii) Row 53, column 2 contains the wording "Flammable and combustible liquid storage rooms."
(BBB) Row 54 has not been modified and contains the following information:
(i) Row 54, column 1 contains the section number "5704.3.8.4."
(ii) Row 54, column 2 contains the wording "Flammable and combustible liquid storage warehouses."
(CCC) Row 55 has not been modified and contains the following information:
(i) Row 55 column 1 contains the section number "5705.3.7.3."
(ii) Row 55, column 2 contains the wording "Flammable and combustible liquid Group H-2 or H-3 areas."
(DDD) Row 56 has not been modified and contains the following information:
(i) Row 56, column 1 contains the section number "6004.1.2."
(ii) Row 56, column 2 contains the wording "Gas cabinets for highly toxic and toxic gas."
(EEE) Row 57 has not been modified and contains the following information:
(i) Row 57, column 1 contains the section number "6004.1.3."
(ii) Row 57, column 2 contains the wording "Exhausted enclosures for highly toxic and toxic gas."
(FFF) Row 58 has not been modified and contains the following information:
(i) Row 58, column 1 contains the section number "6004.2.2.6
(ii) Row 58, column 2 contains the wording "Gas rooms for highly toxic and toxic gas."
(GGG) Row 59 has not been modified and contains the following information:
(i) Row 59, column 1 contains the section number "6004.3.3."
(ii) Row 59, column 2 contains the wording "Outdoor storage for highly toxic and toxic gas."
(HHH) Row 60 has not been modified and contains the following information:
(i) Row 60, column 1 contains the section number "6504.1.1."
(ii) Row 60, column 2 contains the wording "Pyroxylin plastic storage cabinets."
(III) Row 61 has not been modified and contains the following information:
(i) Row 61, column 1 contains the section number "6504.1.3."
(ii) Row 61, column 2 contains the wording "Pyroxylin plastic storage vaults."
(JJJ) Row 62 has not been modified and contains the following information:
(i) Row 62, column 1 contains the section number "6504.2."
(ii) Row 62, column 2 contains the wording "Pyroxylin plastic storage and manufacturing."
(KKK) Below the table, the following information is listed: For SI: 1 cubic foot equals 0.023 cubic meters.
(3) Section 907.2.6.1.1 Smoke alarms. This section has been modified to correct errata published by the ICC to change a section number reference from "907.2.11" to "907.2.10." This section has been modified to read: 907.2.6.1.1 Smoke alarms. Single-and multiple- station smoke alarms shall be installed in accordance with Section 907.2.10.
(4) Section 907.2.22 Energy storage systems. This section has been modified to change the header name from "Battery rooms" to "Energy storage systems" and by adding an option for a radiant-energy detection system to be installed in rooms, areas and walk-in units containing energy storage systems as required in Section 1206. This section has been modified to read: 907.2.22 Energy storage systems. An automatic smoke detection system or radiant-energy detection system shall be installed in rooms, areas, and walk-in units containing energy storage systems as required in Section 1206.
(5) Section 907.2.23 Capacitor energy storage systems. This section has been stricken from the code.
(6) Table 911.1 Explosion Control Requirements. This table has been modified to add electrochemical energy storage systems to the Special Uses section of the table and to add footnote "g" to the notes at the bottom of the table. This table has been modified to read: Table 911.1 Explosion Control Requirements. The title "Explosion Control Requirements" has a superscript "f" after the title indicating footnote "f" applies. The table contains 30 rows with four columns per row and is described below.
(A) Row 1 is the header row and contains the headers for the four columns listed below:
(i) Row 1, column1 header is entitled "MATERIAL."
(ii) Row 1, column 2 header is entitled "CLASS."
(iii) Row 1, column 3 header is entitled "Barricade construction (Explosion Control Method)."
(iv) Row 1, column 4 header is entitled "Explosion (deflagration) venting or explosion (deflagration) prevention systems (Explosion Control Method)."
(B) Row 2 has not been modified and contains the following:
(i) Row 2, column 1 contains the wording "HAZARD CATEGORY."
(ii) Row 2, column 2 is blank.
(iii) Row 2, column 3 is blank.
(iv) Row 2, column 4 is blank.
(C) Row 3 has not been modified and contains the following:
(i) Row 3, column 1 contains the wording "Combustible dusts" with a superscript "a" to indicate footnote "a" applies.
(ii) Row 3, column 2 contains a hyphen with no words or numbers.
(iii) Row 3, column 3 contains the wording "Not Required."
(iv) Row 3, column 4 contains the wording "Required."
(D) Row 4 has not been modified and contains the following:
(i) Row 4, column 1 contains the wording "Cryogenic fluids."
(ii) Row 4, column 2 contains the wording "Flammable."
(iii) Row 4, column 3 contains the wording "Not Required."
(iv) Row 4, column 4 contains the wording "Required."
(E) Row 5 has not been modified and contains the following:
(i) Row 5, column 1 contains the wording "Explosives."
(ii) Row 5, column 2 contains the wording "Division 1.1."
(iii) Row 5, column 3 contains the wording "Required."
(iv) Row 5, column 4 contains the wording "Not Required."
(F) Row 6 has not been modified and contains the following:
(i) Row 6, column 1 contains the wording "Explosives."
(ii) Row 6, column 2 contains the wording "Division 1.2."
(iii) Row 6, column 3 contains the wording "Required."
(iv) Row 6, column 4 contains the wording "Not Required."
(G) Row 7 has not been modified and contains the following:
(i) Row 7, column 1 contains the wording "Explosives."
(ii) Row 7, column 2 contains the wording "Division 1.3."
(iii) Row 7, column 3 contains the wording "Not Required."
(iv) Row 7, column 4 contains the wording "Required."
(H) Row 8 has not been modified and contains the following:
(i) Row 8, column 1 contains the wording "Explosives."
(ii) Row 8, column 2 contains the wording "Division 1.4."
(iii) Row 8, column 3 contains the wording "Not Required."
(iv) Row 8, column 4 contains the wording "Required."
(I) Row 9 has not been modified and contains the following:
(i) Row 9, column 1 contains the wording "Explosives."
(ii) Row 9, column 2 contains the wording "Division 1.5."
(iii) Row 9, column 3 contains the wording "Required."
(iv) Row 9, column 4 contains the wording "Not Required."
(J) Row 10 has not been modified and contains the following:
(i) Row 10, column 1 contains the wording "Explosives."
(ii) Row 10, column 2 contains the wording "Division 1.6."
(iii) Row 10, column 3 contains the wording "Required."
(iv) Row 10, column 4 contains the wording "Not Required."
(K) Row 11 has not been modified and contains the following:
(i) Row 11, column 1 contains the wording "Flammable gas."
(ii) Row 11, column 2 contains the wording "Gaseous."
(iii) Row 11, column 3 contains the wording "Not Required."
(iv) Row 11, column 4 contains the wording "Required."
(L) Row 12 has not been modified and contains the following:
(i) Row 12, column 1 contains the wording "Flammable gas."
(ii) Row 12, column 2 contains the wording "Liquefied."
(iii) Row 12, column 3 contains the wording "Not Required."
(iv) Row 12, column 4 contains the wording "Required."
(M) Row 13 has not been modified and contains the following:
(i) Row 13, column 1 contains the wording "Flammable liquids."
(ii) Row 13, column 2 contains the letters "IA" with a superscript "b" to indicated footnote "b" applies.
(iii) Row 13, column 3 contains the wording "Not Required."
(iv) Row 13, column 4 contains the wording "Required."
(N) Row 14 has not been modified and contains the following:
(i) Row 14, column 1 contains the wording "Flammable liquids."
(ii) Row 14, column 2 contains the letters "IB" with a superscript "c" to indicate footnote "b" applies.
(iii) Row 14, column 3 contains the wording "Not Required."
(iv) Row 14, column 4 contains the wording "Required."
(O) Row 15 has not been modified and contains the following:
(i) Row 15, column 1 contains the wording "Organic peroxides."
(ii) Row 15, column 2 contains the wording "Unclassified detonable."
(iii) Row 15, column 3 contains the wording "Required."
(iv) Row 15, column 4 contains the wording "Not Permitted."
(P) Row 16 has not been modified and contains the following:
(i) Row 16, column 1 contains the wording "Organic peroxides."
(ii) Row 16, column 2 contains the letter "I."
(iii) Row 16, column 3 contains the wording "Required."
(iv) Row 16, column 4 contains the wording "Not Permitted."
(Q) Row 17 has not been modified and contains the following:
(i) Row 17, column 1 contains the wording "Oxidizer liquids and solids."
(ii) Row 17, column 2 contains the number "4."
(iii) Row 17, column 3 contains the wording "Required."
(iv) Row 17, column 4 contains the wording "Not Permitted."
(R) Row has not been modified and contains the following:
(i) Row 18, column 1 contains the wording "Pyrophoric."
(ii) Row 18, column 2 contains the wording "Gases."
(iii) Row 18, column 3 contains the wording "Not Required."
(iv) Row 18, column 4 contains the wording "Required."
(S) Row 19 has not been modified and contains the following:
(i) Row 19, column 1 contains the wording "Unstable (reactive)."
(ii) Row 19, column 2 contains the number "4."
(iii) Row 19, column 3 contains the wording "Required."
(iv) Row 19, column 4 contains the wording "Not Permitted."
(T) Row 20 has not been modified and contains the following:
(i) Row 20, column 1 contains the wording "Unstable (reactive)."
(ii) Row 20, column 2 contains the wording "3 Detonable."
(iii) Row 20, column 3 contains the wording "Required."
(iv) Row 20, column 4 contains the wording "Not Permitted."
(U) Row 21 has not been modified and contains the following:
(i) Row 21, column 1 contains the wording "Unstable (reactive)."
(ii) Row 21 column 2 contains the wording "3 Nondetonable".
(iii) Row 21, column 3 contains the wording "Not Required."
(iv) Row 21, column 4 contains the wording "Required."
(V) Row 22 has not been modified and contains the following:
(i) Row 22, column 1 contains the wording "Water-reactive liquids and solids."
(ii) Row 22, column 2 contains the number "3."
(iii) Row 22, column 3 contains the wording "Not Required."
(iv) Row 22, column 4 contains the wording "Required."
(W) Row 23 has not been modified and contains the following:
(i) Row 23 column 1 contains the wording "Water-reactive liquids and solids."
(ii) Row 23, column 2 contains the number "2" with a superscript "e" to indicate footnote "e" applies.
(iii) Row 23, column 3 contains the wording "Not Required."
(iv) Row 23, column 4 contains the wording "Required."
(X) Row 24 has not been modified and contains the following:
(i) Row 24 column 1 contains the wording "SPECIAL USES."
(ii) Row 24, column 2 is blank
(iii) Row 24, column 3 is blank.
(iv) Row 24, column 4 is blank.
(Y) Row 25 has not been modified and contains the following:
(i) Row 25 column 1 contains the wording "Acetylene generator rooms"
(ii) Row 25, column 2 contains a hyphen
(iii) Row 25, column 3 contains the wording "Not Required."
(iv) Row 25, column 4 contains the wording "Required."
(Z) Row 26 has been added to the table and contains the following:
(i) Row 26 column 1 contains the wording "Electrochemical energy storage systems" followed by a superscript "g."
(ii) Row 26, column 2 contains a hyphen.
(iii) Row 26, column 3 contains the wording "Not Required."
(iv) Row 26, column 4 contains the wording "Required."
(AA) Row 27 has not been modified and contains the following:
(i) Row 27 column 1 contains the wording "Grain processing."
(ii) Row 27, column 2 contains a hyphen.
(iii) Row 27, column 3 contains the wording "Not Required."
(iv) Row 27, column 4 contains the wording "Required."
(BB) Row 28 has not been modified and contains the following:
(i) Row 28 column 1 contains the wording "Liquefied petroleum gas-distribution facilities."
(ii) Row 28, column 2 contains a hyphen.
(iii) Row 28, column 3 contains the wording "Not Required."
(iv) Row 28, column 4 contains the wording "Required."
(CC) Row 29 has not been modified and contains the following:
(i) Row 29 column 1 contains the wording "Where explosion hazards exist" followed by a superscript "d."
(ii) Row 29, column 2 contains the wording "Detonation."
(iii) Row 29, column 3 contains the wording "Required."
(iv) Row 29, column 4 contains the wording "Not Permitted."
(DD) Row 30 has not been modified and contains the following:
(i) Row 30 column 1 contains the wording "Where explosion hazards exist" with a superscript "d" to indicate footnote "d" applies.
(ii) Row 30, column 2 contains the wording "Deflagration."
(iii) Row 30, column 3 contains the wording "Not Required."
(iv) Row 30, column 4 contains the wording "Required."
(EE) Footnote "a" states: "Combustible dusts that are generated during manufacturing or processing. See definition of "Combustible dust" in Chapter 2."
(FF) Footnote "b" states: "Storage or use."
(GG) Footnote "c" states: "In open use or dispensing."
(HH) Footnote "d" states: "Rooms containing dispensing and use of hazardous materials where an explosive environment can occur because of the characteristics or nature of the hazardous materials or as a result of the dispensing or use process."
(II) Footnote "e" states: "A method of explosion control shall be provided where Class 2 water-reactive materials can form potentially explosive mixtures."
(JJ) Footnote "f" states: "Explosion venting is not required for Group H-5 fabrication areas complying with Chapter 27 and the International Building Code®."
(KK) Footnote "g" has been added and states: "Where explosion control is required in Section 1206.6."
748:20-4-15. IFC® 20182024 Chapter 10 Means of Egress [AMENDED]
Chapter 10 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications:
(A) Exception 1. Guards are not required when the skylight is located at least 42 inches (1067 mm) above the highest point of the walking surface adjacent to the skylight or component.
(B) Exception 2. Guards are not required if some other provision for skylight fall through protection is provided and approved by the authority having jurisdiction.
(6) Section 1016.2.2 Shared common use areas. This section has been added to clarify when shared common use areas are utilized by more than one tenant, a direct independent means of egress must be provided without the necessity to return through any tenant space or building; and clarifies the signage and illumination requirements for the access. This section has been modified to read: 1016.2.2 Shared common use areas. Shared common use areas utilized by more than one tenant must provide for direct access to an independent means of egress without the necessity to return through any tenant space or building. Such common areas shall be provided with signage designating each adjoining suite to comply with ICC ANSI A-117.1®, means of egress signage and illumination, and complying with other sections of this code and those required to be accessible in accordance with Chapter 11, Section 1111 of the International Building Code®.
(7) 1031.2 Where required. This section has been modified to require emergency escape and rescue openings to be provided for all Group R-2 occupancies and authorize the fire code official to increase the minimum height requirement for emergency escape and recue openings based on the responding fire department's capabilities. This section has been modified to read: 1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in the following occupancies:(A) Item 1. Group R-2 occupancies.
(B) Item 2. Group R-3 and R-4 occupancies.(8) Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. Exceptions:
(A) Exception 1. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.
(B) Exception 2. Emergency escape and rescue openings are note required for basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way.
(C) Exception 3. Basements without habitable spaces and having not more than 200 square feet (10.16 square meters) in floor area shall not be required to have emergency escape and rescue openings.
(D) Exception 4. Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.
(E) Exception 5. Within individual dwelling and sleeping units in Groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:(i) Exception 5.1 One means of egress and one emergency escape and opening.
(ii) Exception 5.2 Two means of egress.(F) Exception 6. The fire code official is authorized to increase the minimum height requirement for emergency escape and rescue openings based on the responding fire department's capabilities.
748:20-4-16. IFC® 20182024 Chapter 11 Construction Requirements for Existing Buildings [AMENDED]
Chapter 11 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications:
(2) Section 1103.7.6 Group R-2. This section has been modified to address errata published by the ICC. The correction is in the last exception and requires each dwelling unit to be provided with smoke alarms complying with the requirements of Section 907.2.10. This section has been modified to read: 1103.7.6 Group R-2. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-2 occupancies more than three stories in height or with more than 16 dwelling or sleeping units. Exceptions:
(A) Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rating of not less than 3/4 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade.
(B) A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants.
(C) A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress doors opening directly to an exterior exit access that leads directly to the exits or are served by open ended corridors designed in accordance with Section 1027.6, Exception 3.
(D) A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units, do not exceed three stories in height and comply with both of the following:
(i) Each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than 3/4 hour.
(ii) Each dwelling unit is provided with smoke alarms complying with the requirements of Section 907.2.10.
(3)(2) Section 1104.25 Egress path markings. This section, including the exception, has been moved and renumbered into the newly created Appendix OP, entitled "Egress Path Markings for Existing Buildings" and is not adopted as a minimum standard for residential or commercial fire prevention and fire protection systems within the State of Oklahoma. The section number 1104.25 itself, will stay as part of this code for numbering alignment but will not have any requirements attached to it.
(1) Section 1103.4.2 Three to five stories. This section has been modified to add a fifth exception to provide relief from this section of the code when vertical openings comply with the requirements of Section 803.2.1 of the IEBC®. This section has been modified to read: 1103.4.2 Three to five stories. In other than Group I-2 and I-3 occupancies, interior vertical openings connecting three to five stories shall be protected by either 1-hour fire-resistant-rated construction or an automatic sprinkler system shall be installed throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2. Exceptions:
(A) Vertical opening protection is not required for Group R-3 occupancies.
(B) Vertical opening protection is not required for open parking garages.
(C) Vertical opening protection for escalators shall be in accordance with Section 1103.4.5, 1103.4.6 or 1103.4.7.
(D) Exit access stairways and ramps shall be in accordance with Section 1103.4.8.
(E) Vertical openings that comply with the requirements of Section 802.2.1 of the IEBC®.
748:20-4-17. IFC® 2018 Chapter 12 Energy Systems [REVOKED]
748:20-4-28. IFC® 20182024 Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages [AMENDED]
Chapter 23 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications:
(9) Section 2307.7 Public fueling of motor vehicles. This section has been modified to provide an exception to the owner's requirement to train users when the dispensing equipment meets the guidelines of NFPA® 58 for a "Low emission transfer." This section has been modified to read: 2307.7 Public fueling of motor vehicles.
(A) Self-service LP-gas dispensing systems, including key, code and card lock dispensing systems, shall be limited to the filling of permanently mounted containers providing fuel to the LP-gas powered vehicle.
(B) The requirements for self-service LP-gas dispensing systems shall be in accordance with the following:
(i) The arrangement and operation of the transfer of product into a vehicle shall be in accordance with this section and Chapter 61.
(ii) The system shall be provided with an emergency shut-off switch located within 100 feet (30 480 mm) of, but not less than 20 feet (6096 mm) from dispensers.
(iii) The owner of the LP-gas motor fuel-dispensing facility or the owner's designee shall provide for the safe operation of the system and the training of users. Exception: If the LP-gas motor fuel-dispensing facility meets the requirements of a low emission transfer station per NFPA® 58, then training of the users is not the responsibility of the facility.
(iv) The dispenser and hose-end valve shall release not more than 1/8 fluid ounce (4 cc) of liquid to the atmosphere upon breaking the connection with the fill valve on the vehicle.
(v) Portable fire extinguishers shall be provided in accordance with Section 2305.5.
(vi) Warning signs shall be provided in accordance with Section 2305.6.
(vii) The area around the dispenser shall be maintained in accordance with Section 2305.7.
(10)(9) Section 2308.3.2 Warning signs. This section has been added to require warning signs to be posted on Compressed Natural Gas (CNG) dispensing devices. This section has been added to read: 2308.3.2 Warning signs. Warning signs complying with Section 310 shall be posted as follows:
(11)(10) Section 2308.4 Private fueling of motor vehicles. This section has been modified to allow for the industry practice of utilizing CNG trailers that are not permanently attached to CNG powered vehicles and delete the requirement for the owner to ensure the user of a CNG powered vehicle to be properly trained on the vehicle's filling procedures. This section has been modified to read: 2308.4 Private fueling of motor vehicles.
(12)(11) Section 2308.7 Emergency shutdown control. This section has been modified to change the word "control" to "devices" in the section heading, clarify the requirements of the emergency manual shutdown device and provide an exception to those requirements for time-fill applications. This section has been modified to read: 2308.7 Emergency shutdown devices. A remote and local emergency manual shutdown device shall be provided. Upon activation, the emergency shutdown system shall automatically close valves between the main gas supply and the compressor and between the storage containers and dispensers, and automatically shut off the power supply to the compressor and the following associated devices: dispensing enclosures; remote pumps; power, control, and signal circuits; and electrical equipment in the hazardous (classified) locations surrounding the fuel dispensing enclosures. All labeled emergency shutdown devices shall be interconnected, whether required or not. Resetting from an emergency shutoff condition shall require manual intervention and the manner of resetting shall be approved by the Authority Having Jurisdiction. Exception: In time-fill applications, in lieu of a defined remote and local emergency manual shutdown device, an emergency manual shutdown device shall be provided within 50 feet (15 240 mm) of each fixed point of dispensing hose attachment and located inside and outside the compressor area within 10 feet (3048 mm) of the main access to the compressor area.
(13)(12) Section 2308.7.1 Remote emergency shutdown device. This section has been added to clarify the distance requirements for remote emergency manual shutdown device placement and provide for an exception to the maximum distance required when located within line of sight of the dispensing enclosures and approved by the Authority Having Jurisdiction. This section has been added to read: 2308.7.1 Remote emergency shutdown device. A remote emergency manual shutdown device shall be located within 100 feet (30 480 mm) of, but not less than 20 feet (6096 mm) from all dispensing enclosures and shall be provided inside and outside the compressor area within 10 feet (3048 mm) of the main access to the compressor area. Exception: A remote emergency shutdown device may be located greater than 100 feet (30 480 mm) from one or more dispensing enclosures when within line of sight of the dispensing enclosures and approved by the Authority Having Jurisdiction.
(14)(13) Section 2308.7.2 Local emergency shutdown device. This section has been added to require a local emergency manual shutdown device be provided within 15 feet (4572 mm) of each dispensing enclosure. This section has been added to read: 2308.7.2 Local emergency shutdown device. A local emergency manual shutdown device shall be located within 15 feet (4572 mm) of each dispensing enclosure.
(15)(14) Section 2311.4.3 Ventilation. This section has been modified to clarify the point at which the mechanical ventilation should be exhausted in a basement or pit. This section has been modified to read: 2311.4.3. Ventilation. Where class Class I liquids or LP-gas are stored or used within a building having a basement or pit wherein flammable vapors could accumulate, the basement or pit shall be provided with mechanical ventilation in accordance with the International Mechanical Code®, at a minimum rate of 1 1/2 cubic feet per minute per square foot (cfm divided by square foot) [0.0008 cubic meters per (second meter squared)] taken from a point within 12 inches (305 mm) of the floor to prevent the accumulation of flammable vapors.
(16)(15) Section 2311.8.1 Preparation of vehicles for repair. This section has been modified to clarify Liquefied Natural Gas vehicles comply with Section 2311.8.1.1 as applicable. This section has been modified to read: 2311.8.1 Preparation of vehicles for repair.
(17)(16) Section 2311.8.1.1. Liquefied Natural Gas (LNG) This section has been added to clarify the process needed to measure and record the pressure of the LNG vehicle fuel system prior to and on every third day while in the repair facility to ensure the fuel pressure does not exceed the maximum allowable fuel pressure. This section has been added to read: 2311.8.1.1. Liquefied Natural Gas. Liquefied Natural Gas (LNG) vehicle fuel system pressure shall be measured and recorded prior to entering the repair facility and at least every third day the vehicle remains in the building. Records shall be posted on the windshield of the vehicle. The maximum allowable system pressure shall be no more than 170 psig. Pressure above 170 psig shall be reduced by operating the vehicle, or limited venting outdoors as required.
(1) Section 2301.7 Liquid natural gas (LNG) motor fuel-dispensing facilities. This section has been added to clarify that motor fuel-dispensing facilities for LNG shall comply with the requirements of Section 2303 and Chapter 55. This section has been added to read: 2301.7 Liquid natural gas motor fuel-dispensing facilities. Motor fuel-dispensing facilities utilizing liquid natural gas (LNG) fuel shall comply with the requirements of Section 2303 and Chapter 55.
(2) Section 2302 Definitions. This section has been modified to add to the terms "Main Railroad Track" and "Dispensing Area" to the list of terms defined in Chapter 2. This section has been modified to read: 2302.1 Definitions. The following terms are defined in Chapter 2:
(A) AIRCRAFT MOTOR-VEHICLE FUEL-DISPENSING FACILITY.
(B) ALCOHOL-BLENDED FUELS.
(C) AUTOMOTIVE MOTOR FUEL-DISPENSING FACILITY.
(D) DISPENSING AREA.
(E) DISPENSING DEVICE, OVERHEAD TYPE.
(F) FLEET VEHICLE MOTOR FUEL-DISPENSING FACILITY.
(G) LIQUEFIED NATURAL GAS (LNG).
(H) MAIN RAILROAD TRACK.
(I) MARINE MOTOR FUEL-DISPENSING FACILITY.
(J) REPAIR GARAGE.
(K) SELF-SERVICE MOTOR FUEL-DISPENSING FACILITY.
(3) Section 2303.1 Location of dispensing devices. This section has been modified to provide a sixth seventh requirement when different types of fuel-dispensing devices for different fuels are located under the same canopy to prevent the accumulation or entrapment of ignitable vapors or all the electrical equipment located under the canopy must be suitable for Class I, Division 2 hazardous (classified) location. This section has been modified to read: 2303.1 Location of dispensing devices.Dispensing devices shall be located as follows:
(A) Item 1. Ten feet (3048 mm) or more from lot lines.
(B) Item 2. Ten feet (3048 mm) or more from buildings having combustible exterior wall surfaces or buildings having noncombustible exterior wall surfaces that are not part of a 1-hour-fire-resistance-rated assembly or buildings having combustible overhangs. Exception:Canopies constructed in accordance with the International Building Code® providing weather protection for the fuel islands.
(C) Item 3. Such that all portions of the vehicle being fueled will be on the premises of the motor fuel-dispensing facility.
(D) Item 4. Such that the nozzle, when the hose is fully extended, will not reach within 5 feet (1524 mm) of building openings.
(E) Item 5. Twenty feet (6096 mm) or more from fixed sources of ignition.
(F) Item 6. Such that fuel dispensing is in view of the attendant at attended self-service motor fuel-dispensing facilities as required by Section 2304.2.4.
(G) Item 7. Where compressed natural gas (CNG), LNG, or Hydrogen motor fuel-dispensing devices are installed beneath a canopy or within an enclosure, either the canopy or enclosure shall be designed to prevent the accumulation or entrapment of ignitable vapors, including provisions for natural or mechanical ventilation means, or all electrical equipment installed beneath the canopy or within the enclosure shall be suitable for Class I, Division 2 hazardous (classified) locations. Tank vents that are installed within or attached to the canopy or enclosure shall extend a minimum of 5 feet (1524 mm) above the highest projection of the canopy. Compression and storage equipment located on top of the motor fuel-dispensing facility canopies shall be in accordance with current State of Oklahoma adopted International Fire Code®, Section 2309 and International Building Code®, Section 406.
(4) Section 2303.2.2 Local emergency disconnect switches. This section has been added to clarify when local emergency disconnect switches are required and when those switches are required to be interlocked with other local emergency disconnect switches. This section has been added to read: 2303.2.2 Local emergency disconnect switches.A local emergency disconnect switch, provided within 20 feet (6096 mm) of any dispensing unit shall be interlocked with all other dispensing units of the same fuel type and all other dispensing devices located within 20 feet (6096 mm) of the local emergency disconnect switch.
(5) Section 2303.2.3 Emergency disconnect switch lighting. This section has been added to clarify the requirements for providing illumination for emergency disconnect switch lighting. This section has been added to read: 2303.2.3 Emergency disconnect switch lighting. Permanent lighting shall be provided during hours of operation in times of darkness at all dispensing devices, required signage, emergency disconnects and emergency shutdown controls. The lighting shall be designed to provide illumination such that all dispensing devices, required signage, emergency disconnect switches and emergency shutdown controls are visible to the operator.
(6) Section 2304.3.7 Quantity limits. This section has been modified to include an exception to the requirement that dispensing devices at unsupervised locations be programmed or set to limit uninterrupted fuel delivery to 25 gallons and require manual action to resume delivery. This section has been modified to read: 2304.3.7 Quantity limits. Dispensing equipment used at unsupervised locations shall comply with one of the following:
(A) Dispensing devices shall be programmed or set to limit uninterrupted fuel delivery to 25 gallons (95 L) and require a manual action to resume delivery. Exception: Dispensing devices that are equipped with a listed breakaway device or equal approved by the Authority Having Jurisdiction. Such emergency breakaway device shall be installed, maintained and replaced in accordance with the manufacturer's instructions.
(B) The amount of fuel being dispensed shall be limited in quantity by a preprogrammed card as approved.
(7) Section 2307.3 Attendants. This section has been modified to add an exception to the requirement for an attendant when the dispensing equipment meets the guidelines of NFPA® 58 for a "Low emission transfer." This section has been modified to read: 2307.3 Attendants. Motor fuel-dispensing operations for LP-gas shall be conducted by qualified attendants or in accordance with Section 2307.7 by persons trained in the proper handling of LP-gas. Exception: When the dispensing equipment meets the guidelines of NFPA® 58 for "Low emission transfer" an attendant is not required.
(8) Section 2307.4.1 Low emission transfer. This section has been added to clarify when the dispensing equipment meets the guidelines of NFPA® 58, Section 6.30.5 for "Low emission transfer" then the transfer distance shall be reduced by one-half. This section has been added to read: 2307.4.1 Low emission transfer. When the dispensing equipment is installed in accordance with Section 6.30.5 of NFPA® 58 for "Low emission transfer," the transfer distance requirements in Table 6.7.2.1 and Section 6.27.4.3 of NFPA® 58 shall be reduced by one-half.
(A) Warning sign(s) shall be conspicuously posted within sight of each dispenser in the fuel dispensing area and shall state the following:
(i) No smoking
(ii) Shut off motor
(iii) Flammable Gas
(iv) Natural gas vehicle fuel cylinders shall be inspected at intervals not exceeding 3 years or 36,000 miles to ensure safe operation of the vehicle
(v) Natural gas fuel cylinders past their end-of-life date shall not be refueled and shall be removed from service.
(B) A warning sign with the words "No smoking, flammable gas" shall be posted in all compressor and storage areas.
(C) The lettering on the sign shall be legible and large enough to be visible from each point of transfer.
(D) The service pressure of each dispenser shall be posted in view of the operator.
(A) Self-service CNG dispensing systems, including key, code and card lock dispensing systems, shall be limited to the filling of approved, permanently mounted fuel containers.
(B) In addition to the requirements in Section 2305, the owner of a self-service CNG motor fuel-dispensing facility shall ensure the safe operation of the system and the training of users.
(A) For vehicles powered by gaseous fuels, the fuel shutoff valves shall be closed prior to repairing any portion of the vehicle fuel system.
(B) Vehicles powered by gaseous fuels in which the fuel system has been damaged shall be inspected and evaluated for fuel system integrity prior to being brought into the repair garage. The inspection shall include testing of the entire fuel delivery system for leakage. Liquefied Natural Gas (LNG) vehicles shall comply with Section 2311.8.1.1 as applicable.
748:20-4-38. IFC® 2024 Chapter 33 Fire Safety during Construction and Demolition [NEW]
Chapter 33 of the Oklahoma adopted IFC® 2024 is adopted with the following modifications:
(1) Section 3307.5 Where required. This section has been modified to change the height requirement of standpipes provided for use during construction from 40 feet to 30 feet. This section has been modified to read: 3307.5 Where required. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipes shall be installed prior to construction exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access. Such standpipes shall be provided with fire department hose connections at locations adjacent to stairways complying with Section 3307.1.2. As construction progresses, such standpipes shall be extended to within one floor of the highest point of construction secured decking or flooring.
(2) Section 3307.2 Water supply for fire protection. This section has been modified to allow the fire code official to approve other water supply alternatives under certain circumstances. This section has been modified to read: 3307.2 Water supply for fire protection. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible building materials arrive on the site, on commencement of vertical combustible construction and on installation of a standpipe system in buildings under construction, in accordance with Sections 3307.2.1 through 3307.4. Exception: The fire code official is authorized to reduce the fire flow requirements or approve other water supply alternatives for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements is impractical.
(3) Section 3307.2.1 Combustible building materials. This section has been modified to add an exception to authorize the fire code official to reduce the fire flow requirements or allow other alternatives under certain circumstances. This section has been modified to read: 3307.2.1 Combustible building materials. When combustible building materials of the building under construction are delivered to a site, a minimum fire flow of 500 gallons per minute (1893 liters per minute) shall be provided. The fire hydrant used to provide this fire flow supply shall be within 500 feet (152 meters) of the combustible building material, as measured along an approved fire apparatus access lane. Where the site configuration is such that one fire hydrant cannot be located within 500 feet (152 meters) of all combustible building materials, additional fire hydrants shall be required to provide coverage in accordance with this section. Exception: The fire code official is authorized to reduce the fire flow requirements or allow other alternatives for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements is impractical.748:20-4-44. IFC® 20182024 Chapter 39 Processing and Extraction Facilities [AMENDED]
Chapter 39 of the Oklahoma adopted IFC® 2024 has been is adopted with the following modifications:
(1) Section 3903.2 Prohibited occupancies. This section has been modified to clarify the section is applicable to both extraction equipment and extraction processes utilizing materials classified as physical hazards in accordance with Section 307 of the International Building Code® and other provisions of this code and shall not be located in any building containing a Group A, E, I or R occupancy. This section has been modified to read: 3903.2 Prohibited occupancies. Extraction equipment and extraction processes utilizing materials classified as physical hazards in accordance with Section 307 of the International Building Code® and other provisions of this code shall not be located in any building containing a Group A, E, I or R occupancy.
(2) Section 3903.3 Location. This section has been modified to clarify extraction equipment and extraction processes utilizing materials classified as physical hazards in accordance with Section 307 of the International Building Code® and other provisions of this code shall be located in a room dedicated to extraction and prohibits the room from being used for any other purpose. The section prohibits the storage of solvents in the extraction room. This section has been modified to read: 3903.3 Location. The extraction equipment and extraction processes utilizing materials classified as physical hazards in accordance with Section 307 of the International Building Code® and other provisions of this code as solvents shall be located in a room dedicated to extraction and the room shall not be used for any other purpose. There shall be no storage of solvents in the extraction room.
(3) Section 3903.4 Post-process purification and winterization. This section has been modified to clarify post processing and winterization includes heating, cooling or pressurizing of the miscella to other than normal pressure or temperature to be approved and performed in an appliance listed for such use and requires compliance with Sections 3903.4.1 or 3903.4.2. The section prohibits the use of domestic or commercial cooking appliances. This section has been modified to read: 3903.4 Post-process purification and winterization. Post-processing and winterization involving the heating, cooling or pressurizing of the miscella to other than normal pressure or temperature shall be approved and performed in an appliance listed for such use and shall comply with Sections 3903.4.1 through 3903.4.3. Domestic or commercial cooking appliances and cooling appliances shall not be used.
(4) Section 3903.4.2 Refrigerators, freezers and other cooling equipment. This section has been added to require refrigerators, freezers and other cooling equipment used to store or cool flammable liquids to be listed for the storage of flammable and/or combustible liquids or shall be listed for Class I Division I locations in accordance with NFPA 70®. This section has been added to read: 3903.4.2 Refrigerators, freezers and other cooling equipment. Refrigerators, freezers and other cooling equipment used to store or cool flammable liquids shall be listed for the storage of flammable and/or combustible liquids or shall be listed for Class I, Division I locations in accordance with NFPA 70®.
(5) Section 3903.4.3. Post-processing. This section has been added to require post-processing operations, including dispensing of flammable liquids between containers, to be performed within a hazardous exhaust fume hood rated for exhausting flammable vapors and listed to UL 1805. The section requires the electrical equipment utilized within the hazardous exhaust fume hood to be rated for use in flammable atmospheres and provides an exception for the exhaust fume hood when an approved exhaust system is installed in accordance with NFPA 91®. This section has been added to read: 3903.4.3 Post-processing. Post-processing operations, including dispensing of flammable liquids between containers, shall be performed within a hazardous exhaust fume hood rated for exhausting flammable vapors and listed in accordance with UL 1805. Electrical equipment used within the hazardous exhaust fume hood shall be rated for use in flammable atmospheres. Exception: A hazardous exhaust fume hood is not required where an approved exhaust system is installed in accordance with NFPA 91®.
(6) Section 3903.5 Use of flammable and combustible liquids. This section has been modified to specify the use of flammable and combustible liquids for liquid extraction processes, including the dispensing of flammable liquids between containers, where the liquid is boiled, distilled, or evaporated, to be located within a hazardous exhaust fume hood, rated for exhausting flammable vapors and listed in accordance with UL 1805. The section requires all electrical equipment used within the hazardous exhaust fume hood to be rated for use in flammable atmospheres and prohibits the heating of flammable or combustible liquids over an open flame, and provides exceptions when certain conditions are met. This section has been modified to read: 3903.5 Use of flammable and combustible liquids. The use of flammable and combustible liquids for liquid extraction processes, including dispensing of flammable liquids between containers, where the liquid is boiled, distilled, or evaporated shall be located within a hazardous exhaust fume hood, rated for exhausting flammable vapors and listed in accordance with UL 1805. Electrical equipment used within the hazardous exhaust fume hood shall be rated for use in flammable atmospheres. Heating of flammable or combustible liquids over an open flame is prohibited. Exceptions:
(A) The use of a heating element not rated for flammable atmospheres, where documentation from the manufacturer, or approved testing laboratory indicates the element is rated for heating of flammable liquids.
(B) Unheated processes at atmospheric pressure using less than 16 oz. (473 ml) of flammable liquids are not required to be located within a hazardous exhaust fume hood.
(C) A hazardous exhaust fume hood is not required where an approved exhaust system is installed in accordance with NFPA 91®. Electrical equipment used within this room shall be rated for use in flammable atmosphere.
(7) Section 3903.6 Liquefied petroleum gas. This section has been modified to require plant processing and extraction utilizing liquefied petroleum gas to comply with Sections 3903.6.1 through 3903.6.4 and other applicable provisions of this code. This section has been modified to read: 3903.6 Liquefied petroleum gas. Plant processing and extraction utilizing liquefied petroleum gas shall comply with Section 3903.6.1 through 3903.6.4 and other applicable provisions of this code.
(8) Section 3903.6.1 Release of gas. This section has been added to prohibit liquefied petroleum gases to be released to the atmosphere except when released in accordance with Section 7.3 of NFPA 58®. This section has been added to read: 3903.6 Release of gas. Liquefied petroleum gases shall not be released to the atmosphere except where released in accordance with Section 7.3 of NFPA 58®.
(9) Section 3903.6.2 Exhaust. This section has been added to require any plant processing and extraction utilizing liquefied petroleum gas including processes for off- gassing spent plant material and oil retrieval to be located under a chemical fume hood and listed in accordance with UL 1805. The section provides an exception where an approved exhaust system is installed in accordance with NFPA 91® This section has been added to read: 3903.6.2 Exhaust. Plant processing and extraction utilizing liquefied petroleum gas, including processes for off-gassing spent plant material and oil retrieval, shall be located under a chemical fume hood, and listed in accordance with UL1805 UL 1805. Exception: A chemical fume hood is not required where an approved exhaust system is installed in accordance with NFPA 91®.
(10) Section 3903.6.3 Electrical. This section has been added to require the extraction room where liquefied petroleum gas is used as a solvent to be classified as Class I, Division I hazardous location in accordance with NFPA 70®. The section requires all conductive equipment and conductive objects within the extraction room to be bonded and grounded with a resistance of less than 1.0 times 10 to the sixth power ohms in accordance with NFPA 70®. This section has been added to read: 3903.6.3 Electrical. The extraction room where liquefied petroleum gas is used as a solvent shall be classified as Class I, Division I hazardous location in accordance with NFPA 70®. All conductive equipment and conductive objects within the extraction room shall be bonded and grounded with a resistance of less than 1.0 times 10 to the sixth power ohms in accordance with NFPA 70®.
(11) Section 3903.6.4 Automatic fire-extinguishing system. This section has been added to require chemical fume hoods and enclosures, including ductwork required by Section 3903.6.2 to be provided with an automatic fire-extinguishing system complying with Section 903.3.1.1, 904.6, 904.8 or 904.10. This section has been added to read: 3903.6.4 Automatic fire-extinguishing system. Chemical fume hoods and enclosures, including ductwork required by Section 3903.6.2 shall be provided with an automatic fire- extinguishing system complying with Section 903.3.1.1, 904.6, 904.8 or 904.10.
(12) Section 3903.7 3903.8 Carbon dioxide extraction. This section has been added to require plant processing and extraction facilities utilizing carbon dioxide solvents to comply with Sections 3903.7.1 3903.8.1 through 3903.7.3 3903.8.3, Section 5307 and other applicable provisions of the code. This section has been added to read: 3903.7 3903.8 Carbon dioxide extraction. Plant processing and extraction facilities utilizing carbon dioxide solvents shall comply with Sections 3903.7.1 3903.8.1 through 3903.7.3 3903.8.3, Section 5307 and other applicable provisions of this code.
(13) Section 3903.7.1 3903.8.1 Storage and handling. This section has been added to require all carbon dioxide compressed gas cylinders to be secured to a fixed object to prevent falling. This section has been added to read: 3903.7.1 3903.8.1 Storage and handling. All carbon dioxide compressed gas cylinders shall be secured to a fixed object to prevent falling.
(14) Section 3903.7.2 3903.8.2 Gas detection system. This section has been added to require a gas detection system complying with Sections 916 and 5307.4.3 to be provided in a room where carbon dioxide solvents are used in the extraction process. This section has been added to read: 3903.7.2 3903.8.2 Gas detection system. A gas detection system complying with Sections 916 and 5307.4.3 shall be provided in a room where carbon dioxide solvents are used in the extraction process.
(15) Section 3903.7.3 3903.8.3 Carbon dioxide discharge. This section has been added to require the carbon dioxide equipment pressure relief device and blow-off valves to be piped to the exterior of the building. This section has been added to read: 3903.7.3 3903.8.3 Carbon dioxide discharge. The carbon dioxide extraction equipment pressure relief device and blow-off valves shall be piped to the exterior of the building.
(16) Section748:20-4-58. IFC® 20182024 Chapter 53 Compressed Gases [AMENDED]
Chapter 53 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications modification:
748:20-4-60. IFC® 20182024 Chapter 55 Cryogenic Fluids [AMENDED]
Chapter 55 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modification: Section 5501.1 Scope. This section has been modified to add a third exception for liquefied natural gas (LNG) facilities for LNG vehicular applications to comply with Chapter 23 and NFPA® 52. This section has been modified to read: 5501.1 Scope.
(1) Storage, use and handling of cryogenic fluids shall comply with this chapter and NFPA® 55. Cryogenic fluids classified as hazardous materials shall also comply with the general requirements of Chapter 50. Partially full containers containing residual cryogenic fluids shall be considered as full for the purposes of the controls required. Exceptions:
(A) Exception 1. Fluids used as refrigerants in refrigeration systems (see Section 605).
(B) Exception 2. Liquefied natural gas (LNG), which shall comply with NFPA® 59 A.
(C) Exception 3. LNG facilities for LNG vehicular applications, which shall comply with Chapter 23 and NFPA® 52.
(2) Oxidizing cryogenic fluids, including oxygen, shall comply with Chapter 63, as applicable.
(3) Flammable cryogenic fluids, including hydrogen, methane, and carbon monoxide, shall comply with Chapters 23 and 58, as applicable.
(4) Inert cryogenic fluids, including argon, helium and nitrogen, shall comply with ANSI/CGA P-18.
748:20-4-62. IFC® 20182024 Chapter 57 Flammable and Combustible Liquids [AMENDED]
Chapter 57 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modification: Section 5705.5 Alcohol-based hand rubs classified as Class I or II. This section has been modified to require guards or shields on alcohol-based hand rub dispensers when installed over a carpeted area. This section has been modified to read: 5705.5 Alcohol-based hand rubs classified as Class I or II liquids. The use of wall-mounted dispensers containing alcohol-based hand rubs classified as Class I or II liquids shall be in accordance with all of the following:
(5)(6) Dispensers shall not release their contents except when the dispenser is manually activated. Facilities shall be permitted to install and use automatically activated "touch free" alcohol-based hand-rub dispensing devices with the following requirements:
(6)(7) Storage and use of alcohol-based hand rubs shall be in accordance with the applicable provisions of Sections 5704 and 5705.
(7)(8) Dispensers when installed over a carpeted area shall have a guard or shield to prevent alcohol-based hand rub product from dispensing onto the floor.
(1) The maximum capacity of each dispenser shall be 68 ounces (2 L).
(2) The minimum separation between dispensers shall be 48 inches (1219 mm)
(3) The dispensers shall not be installed above, below, or closer than 1 inch (25 mm) to an electrical receptacle, switch, appliance, device or other ignition source. The wall space between the dispenser and the floor or intervening counter top shall be free of electrical receptacles, switches, appliances, devices or other ignition sources.
(4) Dispensers shall be mounted so that the bottom of the dispenser is not less than 42 inches (1067 mm) and not more than 48 inches (1219 mm) above the finished floor.
(5) Dispensers shall not obstruct required means of egress or be placed within 3 feet (914 mm) of an open flame, heating devise or other ignition source.
(A) Item 6.1 The facility or persons responsible for the dispensers shall test the dispensers each time a new refill is installed in accordance with the manufacturer's care and use instructions.
(B) Item 6.2 Dispensers shall be designed and must operate in a manner that ensures accidental or malicious activations of the dispensing devices are minimized. At a minimum, all devices subject to or used in accordance with this section shall have the following safety features:
(i) Item 6.2.1 Any activations of the dispenser shall only occur when an object is placed within 4 inches (98 mm) of the sensing device.
(ii) Item 6.2.2. The dispenser shall not dispense more than the amount required for hand hygiene consistent with label instructions as regulated by the United States Food and Drug Administration (USFDA).
(iii) Item 6.2.3. An object placed within the activation zone and left in place will cause only one activation.
748:20-4-66. IFC® 20182024 Chapter 61 Liquefied Petroleum Gases [AMENDED]
Chapter 61 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications:
(1) Section 6106.1 Attendants. This section has been modified to provide an exception to the requirement for a qualified attendant if the motor fuel-dispensing equipment meets the guidelines of NFPA® 58 for a "Low emission transfer." This section has been modified to read: 6106.1 Attendants. Dispensing of LP-gas shall be performed by a qualified attendant. Exception: When the dispensing equipment meets the guidelines of NFPA® 58 for "Low emission transfer" an attendant is not required.
(2) Section 6106.2 Overfilling. This section has been modified to include an overfilling prevention device on the container as one of the ways to measure the volume in the container. This section has been modified to read: 6106.2 Overfilling. LP-gas containers shall not be filled or maintained with LP-gas in excess of either the volume determined using the fixed liquid-level gauge installed in accordance with the manufacturer's specifications and in accordance with Section 5.9.5 of NFPA® 58, the volume determined by the overfilling prevention device installed on the container, or the weight determined by the required percentage of water capacity marked on the container. Portable LP-gas containers shall not be refilled unless equipped with an overfilling prevention device (OPD) where required by Section 5.9.3 of NFPA® 58.
748:20-4-85. IFC® 20182024 Chapter 80 Referenced Standards [AMENDED]
Chapter 80 of the Oklahoma adopted IFC® 2018 2024 is adopted with the following modifications:
(9) The referenced standard NFPA® 76 Standard for the Fire Protection of Telecommunications Facilities, 2016 edition has been added to the code to reference sections in Chapter 12. This standard has been added to read: 76-16 Standard for the Fire Protection of Telecommunication Facilities, with the following section references: 1206.1.2.1, 1206.2.1, 1206.3.1, 1206.3.7.1, 1206.4.1, 1206.5.1, 1206.5.2, 1206.5.3, 1206.5.5, Table 1206.6, 1206.6.2.3, and Table 1206.7.
(10) The referenced standard for NFPA® 260 Methods of Tests and Classification Systems for Cigarette Ignition Resistance of Components of Upholstered Furniture has been modified to address errata published by the ICC and changes the edition year from 2018 to 2013. This section has been modified to read: 260-13 Methods of Tests and Classification Systems for Cigarette Ignition Resistance of Components of Upholstered Furniture.
(11) The referenced standard for NFPA® 289 Standard Method of Fire Test for Individual Fuel Packages has been modified to address errata published by the ICC and changes the edition year from 2018 to 2013. This section has been modified to read: 289-13 Standard Method of Fire Test for Individual Fuel Packages.
(12) The referenced standard UL 1974-18 Evaluation for Repurposing Batteries has been added to the code. This referenced standard has been added to read: 1974-18 Evaluation for repurposing Batteries, referenced in code section number: 1206.3.9.
(13) The referenced standard UL 9540A-18 Test Method for Evaluating Thermal Runaway Fire Propagation in Battery Energy Storage Systems, has been added to the code. This reference as has been added to read: 9540A-18 Test Method for Evaluating Thermal Runaway Fire Propagation in Battery Energy Storage Systems, Referenced in code section number: 1206.1.5, 1206.6.3
(1) The reference standard ICC 500® 2014 2023 ICC/NSSA Standard for the Design and Construction of Storm Shelters has been added to the list of referenced standards. The referenced standard has been added to read: ICC 500® 2014 2023 ICC/NSSA Standard for the Design and Construction of Storm Shelters. Code section references: 320.1, 320.2, 320.3
(2) The reference to the International Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IBC®-18 IBC® 24 International Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(3) The reference to the International Existing Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IEBC®-18 IEBC® 24 International Existing Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(4) The reference to the International Fuel Gas Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFGC®-18 IFGC® 24 International Fuel Gas Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(5) The reference to the International Mechanical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IMC®-18 IMC® 24 International Mechanical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(6) The reference to the International Plumbing Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through OUBCC." This section has been modified to read: IPC®-18 IPC® 24 International Plumbing Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(7) The reference to the International Residential Code® has been modified to change the edition year to 2018 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read:IRC®-18 IRC®-24 International Residential Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(8) The referenced standard for NFPA® 70® National Electrical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: 70-23 National Electrical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
748:20-4-86. Appendix OP, Egress Path Markings for Existing Buildings [AMENDED]
This appendix has been newly created and entitled "Appendix O P, Egress Path Markings for Existing Buildings." The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.
(1) Section O101 P101 General. This section has been added to clarify scope and intent for this appendix. This section has been added to read: O101 P101 General.
(A) Section O101.1 P101.1 Scope. This section has been added to specify the provisions of the appendix and shall apply to existing high-rise buildings of Group A, B, E, I, M and R-1 occupancies. This section has been added to read: O101.1 P101.1 Scope. The provisions of this appendix shall apply to existing high-rise buildings of Group A, B, E, I, M, and R-1 occupancies in addition to the requirements of Chapter 11.
(B) Section O101.2 P101.2 Intent. This section has been added to specify the intent of this appendix is to provide an additional degree of life-safety to persons occupying existing high-rise buildings of Group A, B, E, I, M and R-1 occupancies. This section has been added to read: O101.2 P101.2 Intent. The intent of this appendix is to provide an additional degree of life-safety to persons occupying existing high-rise buildings of Group A, B, E, I, M and R-1 occupancies where such buildings do not contain luminous egress path markings.
(2) Section O102 P102. Egress path markings. This section, formerly numbered Section 1104.25 has been moved into Appendix O entitled "Egress Path Markings for Existing Buildings." The section has been added to read: O102 P102. Egress path markings. Existing high-rise buildings of Group A, B, E, I, M and R-1 occupancies shall be provided with luminous egress path markings in accordance with Section 1025. Exception: Open, unenclosed stairwells in historic buildings designated as historic under a state or local historic preservation program.
SUBCHAPTER 6. IRC® 20182024 [AMENDED]
748:20-6-1. Adoption of International Residential Code® 2018 (IRC® 20182024 (IRC® 2024) [AMENDED]
(a) The Oklahoma Uniform Building Code Commission (the "OUBCC") hereby adopts the International Residential Code®, 2018 2024 Edition (IRC® 2018 2024), second printing (October 2024) as amended and modified in this subchapter to be the statewide minimum code for residential construction within the State of Oklahoma for one- and two-family dwellings and townhouses pursuant to 59 O.S. § 1000.23.
(b) The OUBCC through formal action expressly chose to adopt the IRC® 2018 2024 as amended and modified in this subchapter, as the statewide minimum code for residential construction in the State of Oklahoma. In like manner, the OUBCC through formal action expressly chose to not adopt the International Residential Code®, 2012 2021 Edition (IRC® 2012 2021) for any purpose.
(c) As part of its 2015 code cycle, the International Code Council, Inc.® (ICC®) reorganized the format of certain of its model codes as it was foreseeable to ICC® that additional appendices will need to be added in the future as model regulations for new processes or operations are developed. The format reorganization was designed by ICC® to accommodate such future appendices by providing reserved (unused) appendices in certain of its model codes as part of its 2015 code cycle. That format reorganization continues into the ICC's 2018 2024 code cycle and is adopted by the OUBCC to the extent provided in this subchapter by the phrase "reserved for future use" inserted in lieu of titles for chapters.
(d) Errata published by the ICC for the IRC® 2024 edition has not been reviewed or incorporated into these rules.
748:20-6-2. Effect of Adoption [AMENDED]
The IRC® 2018 2024, as amended and revised by these rules, is hereby established and adopted as the statewide minimum code for residential building construction for one- and two-family dwellings and townhouses in Oklahoma pursuant to 59 O.S. § 1000.23 and may only be amended or altered by other jurisdictions pursuant to Oklahoma law.
748:20-6-3. IRC® 20182024 and Other Appendices [AMENDED]
(a) The OUBCC through formal action has chosen not to adopt appendices A through X AA, AB, AC (Reserved), BA, BB, BC, BD, BE, BF, BG, BH, BI, BJ, BK, BL, BM, BN, BO, BP, BQ, BR, CA, CB, CC, CD, CE, CF, CG, CH, NA (Reserved), NB, NC, ND, NE, NF, NG, NH, NI, NJ, NK, NL or Resource A of the IRC® 2018 2024 for inclusion in the statewide minimum code for residential construction in the State of Oklahoma. Appendices A through X AA, AB, AC (Reserved), BA, BB, BC, BD, BE, BF, BG, BH, BI, BJ, BK, BL, BM, BN, BO, BP, BQ, BR, CA, CB, CC, CD, CE, CF, CG, CH, NA (Reserved), NB, NC, ND, NE, NF, NG, NH, NI, NJ, NK, NL and Resource A are informative and provide prescriptive requirements which are not mandatory unless specifically referenced in the adopting ordinance or order by other jurisdictions within the State of Oklahoma in accordance with 59 O.S. § 1000.29.
(b) The OUBCC hereby creates a new appendix U BP, entitled "Appendix U BP Automatic Fire Systems." Section R313.2 R309.2 entitled "One- and two-family dwellings automatic fire systems" and Section R313.2.1 R309.2.1 entitled "Design and installation" have been removed from Chapter 3 of the IRC® 2018 2024 and relocated to Appendix U BP, entitled "Appendix UBP, Automatic Fire Systems."
(c) The OUBCC hereby creates a new appendix V BQ, entitled "Appendix V BQ, Swimming Pools, Spas and Hot Tubs." Section R326.1 R328.1 entitled "General" has been modified and the original language published in this section has been removed from Chapter 3 of the IRC® 2018 2024 and relocated to Appendix V BQ entitled "Appendix V BQ Swimming Pools, Spas and Hot Tubs.
748:20-6-4. IRC® 20182024 Provisions Adopted and Modified [AMENDED]
(a) All chapters and provisions within chapters, including exceptions, of the IRC® 2018 2024 not specifically addressed within these rules as being modified, deleted, moved or removed are hereby adopted without modification as the statewide minimum code for residential construction within the State of Oklahoma for one- and two-family dwellings and townhouses pursuant to 59 O.S. § 1000.23. Chapters and provisions within chapters, including exceptions adopted with modifications are specifically addressed in these rules.
(b) To the extent any references in the IRC® 2018 2024 as amended and modified in this sub-chapter are made to any other code or standard, the particular edition for that reference is defined in the referenced standards found in the IRC® 2018 2024 as amended and modified in this sub-chapter and in the IRC® 2018 2024 Chapter 44 entitled "Referenced Standards."
748:20-6-6. IRC® 20182024 Chapter 1 Scope and Administration [AMENDED]
Chapter 1 of the Oklahoma adopted IRC® 2018 2024, includes the following Preamble at the very beginning of the chapter:
(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IRC® 2018 2024 as amended and revised by the OUBCC, as the statewide minimum code to be used by all entities for residential building construction in jurisdictions throughout and including the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IRC® 2018 2024 is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for residential construction.
(2) All provisions of the adopted IRC® 2018 2024, including Chapter 1, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for residential building construction for one- and two-family dwellings and townhouses in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.
(3) Section R101.2 Scope. This section has been modified to amend the exceptions related to live/work units to remove the language "located in townhouses;" align the requirements for lodging houses to comply with statutes in Title 74 O. S. § 317.1; and to align the number of children in a home day care facility with those allowed by the Oklahoma Department of Health regulations as modified in the Oklahoma Uniform Building Code Commission adoption of the International Building Code® and International Fire Code®. This section has been amended to read: R101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with this code where provided with an automatic sprinkler system complying with Section P2904:
(A) Item 1. Live/work units in buildings constructed in accordance with this code and complying with the requirements of Section 508.5 of the International Building Code®.
(B) Item 2. Owner-occupied lodging houses with four or fewer guestrooms and not more than two persons per room, provided that the facilities are protected with an automatic fire sprinkler system in accordance with Section P2904.
(C) Item 3. A care facility with five or fewer persons receiving custodial care within a dwelling unit.
(D) Item 4. A care facility with five or fewer persons receiving medical care within a dwelling unit.
(E) Item 5. A day care facility for Occupancy Groups other than E or I with five or fewer persons of any age receiving care within a dwelling unit.
(F) Item 6. A day care facility for Occupancy Groups E or I with eight to twelve children receiving such day care within a dwelling unit. This number shall include children two and one-half years or less of age.
748:20-6-7. IRC® 20182024 Chapter 2 Definitions [AMENDED]
Chapter 2 of the IRC® 2018 2024 is adopted with the following modifications:
(2) NATIONALLY RECOGNIZED TESTING LABORATORY. This definition has been added to define a Nationally Recognized Testing Laboratory. This definition has been added to read: NATIONALLY RECOGNIZED TESTING LABORATORY. A testing facility given this designation from the United States Occupational Safety and Health Administration (OSHA) that provides product safety testing and certification services to manufacturers.
(1) BUILDING DRAIN. This definition has been modified to align with the industry standard where the site sewer (civil) picks up 5 feet (1524 mm) outside of the building. This definition has been modified to read: BUILDING DRAIN. That part of the lowest piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside and that extends 5 feet (1524 mm) in developed length of pipe beyond the exterior walls of the building and conveys the drainage to the building sewer.
(2) LIVE/WORK UNIT. This definition has been modified to remove a requirement for the nonresidential portion of the live/work unit to be operated by the tenant and to clarify the unit complies with Section 508.5 of the International Building Code®. This definition has been modified to read: LIVE/WORK UNIT. A dwelling unit or sleeping unit in which a portion of the space includes a nonresidential use that complies with Section 508.5 of the International Building Code®.
(3) STORM SHELTER. The definition of a "STORM SHELTER" has been added to define a building, structure or portion thereof, built to provide protection from severe wind storm events such as tornados or hurricanes. The definition has been added to read: STORM SHELTER. A building, structure, or portions thereof, constructed in accordance with ICC 500® and designated for use during a severe wind storm event such as a hurricane or tornado.
(A) Community storm shelter. A storm shelter not defined as a "Residential storm shelter."
(B) Residential storm shelter. A storm shelter serving occupants of dwelling units and having an occupant load not exceeding 16 persons.
748:20-6-8. IRC® 20182024 Chapter 3 Building Planning [AMENDED]
Chapter 3 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Table R301.2(1) Climatic and Geographic Design Criteria. This table has been modified to fill in the blank cell in row 2 under the Ice Barrier Underlayment Required column in the first section of the table with a “no” to clarify ice and water shield is not required in Oklahoma, except as otherwise provided for in Section 905.2.1 Ice barriers. This table has been modified to read: Table R301.2(1) Climatic and Geographic Design Criteria. The table contains two parts, the first part has two rows and nine eight columns with two of columns that contain containing subcolumns. The second part of the table contains five rows and eight seven columns with the first row merged into one column that reads "Manual J Design Criteria" with a superscript "n" following the title to indicate footnote "n" is applicable to this portion of the table. The second part of the table and all the footnotes have not been modified. The table and the modification are described below:
(A) Row 1: The first row of part one contains the headers for each column in this portion of the table is as described below:
(i) Row 1, column 1 header is entitled "Ground Snow Load" with a superscript "o" to indicate footnote "o" is applicable.
(ii) Row 1, column 2 header is entitled "Wind Design" and contains four subcolumns as listed below:
(I) Row 1, column 2, subrow 1 header is entitled "Speed (mph)" with a superscript "d" after the word "speedSpeed" to indicate footnote "d" is applicable.
(II) Row 1, column 2, subrow 2 header is entitled "Topographic Effects" with a superscript "k" to indicate footnote "k" is applicable.
(III) Row 1, column 2, subrow 3 header is entitled "Special Wind Region" with a superscript "l" to indicated footnote "l" is applicable.
(IV) Row 1, column 2, subrow 4 header is entitled "Windborne Debris Zone" with a superscript "m" to indicate footnote "m" is applicable.
(iii) Row 1, column 3 header is entitled "Seismic Design Category" with a superscript "f" to indicate footnote "f" is applicable.
(iv) Row 1, column 4 header is entitled "Subject to Damage From" and contains three sub-columns as listed below:
(I) Row 1, column 4, subcolumn 1 header is entitled "Weathering" with a superscript "a" to indicate footnote "a" is applicable.
(II) Row 1, column 4, subcolumn 2 header is entitled "Frost Depth Line" with a superscript "b" to indicate footnote "b" is applicable.
(III) Row 1, column 4, subcolumn 3 header is entitled "Termite" with a superscript "c" to indicate footnote "c" is applicable.
(B) The second row of the first part has been modified to fill in the area under column 6 5 entitled "Ice Barrier and Underlayment Required" and is described below:
(i) Row 2, column 1 has been left blank for the authority having jurisdiction to complete based on local conditions as required in footnote "o."
(ii) Row 2, column 2 subcolumns 1 through 4 are described below:
(I) Row 2, column 2, subcolumn 1 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "d."
(II) Row 2, column 2, subcolumn 2 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "k."
(III) Row 2, column 2, subcolumn 3 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "l."
(IV) Row 2, column 2, subcolumn 4 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "m."
(iii) Row 2, column 3 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "f."
(iv) Row 2, column 4, subcolumns 1 through 3 are described below:
(I) Row 2, column 4, subcolumn 1 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "a."
(II) Row 2, column 4, subcolumn 2 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "b."
(III) Row 2, column 4, subcolumn 3 has been left blank for the authority having jurisdiction to complete based on local conditions as described in footnote "c."
(C) Row 3, the second part of the table has been merged into one column with the wording "Manual J Design Criteria" followed by a superscript "n" to indicate footnote "n" is applicable.
(D) Row 4 of the table has eight columns with the following headers:
(i) Row 4, column 1, contains the wording "Elevation."
(ii) Row 4, column 2, contains the wording "LatitudeAltitude correction factor" with a superscript "e" to indicate footnote "e" is applicable.
(iii) Row 4, column 3, contains the wording "Winter HeatingCoincident wet bulb."
(iv) Row 4, column 4, contains the wording "Summer CoolingIndoor winder design relative humidity."
(v) Row 4, column 5, contains the wording "Altitude Correction FactorIndoor winter design dry-bulb temperature."
(vi) Row 4, column 6, contains the wording "Indoor Design TemperatureOutdoor winter design dry-bulb temperature."
(vii) Row 4, column 7, contains the wording "Design Temperature CoolingHeating temperature difference."
(E) Row 5 of the table has eight seven columns that have been left blank for the authority having jurisdiction to complete.
(F) Row 6 of the table has eight columns that have the following headers:
(i) Row 6, column 1, contains the wording "Cooling Temperature DifferenceLatitude."
(ii) Row 6, column 2, contains the wording "Wind Velocity HeatingDaily range."
(iii) Row 6, column 3, contains the wording "Wind Velocity CoolingSummer design gains."
(iv) Row 6, column 4, contains the wording "Coincident Wet BulbIndoor summer design relative humidity."
(v) Row 6, column 5, contains the wording "Daily RangeIndoor summer design dry-bulb temperature."
(vi) Row 6, column 6, contains the wording "Winter HumidityOutdoor summer design dry-bulb temperature."
(vii) Row 6, column 7, contains the wording "Summer HumidityCooling temperature difference."
(G) Row 7 of the table has eight seven columns that have been left blank for the authority having jurisdiction to complete.
(H) Under the table the following wording is shown: "For SI: 1 pound per square foot equals 0.0479 kPa, 1 mile per hour equals 0.447 meters per second."
(I) Footnote "a" reads: "Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(4) R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216, or ASTM C652."
(J) Footnote "b" reads: "Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finished grade."
(K) Footnote "c" reads: "The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage."
(L) Footnote "d" reads: "The jurisdiction shall fill in this part of the table with the wind speed from the basic ultimate design wind speed map [Figure R301.2(5)A R301.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4."
(M) Footnote "e" reads: "The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. [Also see Figure R301.2(1).] The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction."
(N) Footnote "f" reads: "The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1."
(O) Footnote "g" reads: "The jurisdiction shall fill in this part of the table with: (A) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas),; (B) the date(s) of the Flood Insurance Study and (C) the panel numbers and dates of the currently effective FIRMSs and FBFMs and the title and date of the currently effective Flood Insurance Study or other flood hazard and map maps adopted by the authority having jurisdiction, as amended."
(P) Footnote "h" reads: "In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with a "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
(Q) Footnote "i" reads: "The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table Air Freezing Index-USA Method (Base 32 degrees Fahrenheit)."
(R) Footnote "j" reads: "The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table 'Air Freezing Index- USA Method (Base 32 degrees Fahrenheit.)"
(S) Footnote "k" reads: "In accordance with Section R301.2.1.5 R301.2(3), where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with 'YES.' Otherwise, the jurisdiction shall indicate 'NO' in this part of the table."
(T) Footnote "l" reads: "In accordance with Figure R301.2(5)A, where there is local historical damage data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with 'YES' and identify any specific requirements. Otherwise, the jurisdiction shall indicate 'NO' in this part of the table.
(U) Footnote "m" reads: "In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table."
(V) Footnote "n" reads: "The jurisdiction shall fill in these sections of the table to establish the design criterialcriteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction."
(W) Footnote "o" reads: "The jurisdiction shall fill in this section of the allowable stress design table using the Ground Snow Loads in Figure R301.2(6) R301.2(3)."
(2) Section R302.1 Exterior walls. This section has been modified to add a sixth exception to the section for open metal carport structures constructed within zero feet of the property line without fire-resistive or opening protection when the location of such is approved. This section has been modified to read: R302.1 Exterior walls. Construction, projections, openings and penetrations of the exterior walls of dwellings, townhouses and accessory buildings shall comply with Table R302.1(1) based on fire separation distance; or dwellings and townhouses equipped throughout with an automatic fire sprinkler system installed in accordance with Section P2904 shall comply with Table R302.1(2) based on fire separation distance.
(3) For the purposes of determining fire separation distance, dwellings and townhouses on the same lot shall be assumed to have an imaginary line between them. Where a new dwelling or townhouses is to be erected on the same lot as an existing dwelling or townhouse, the location of the assumed imaginary line with relation to the existing dwelling or townhouses shall be such that the existing dwelling or townhouse meets requirements of the section.
(4) Where a lot line exists between adjacent townhouse units, fire separation distance of exterior walls shall be measured to the lot line. Where a lot line does not exist between adjacent townhouse units, an imaginary line shall be assumed between the adjacent townhouse units and fire separation distance of exterior walls shall be measured to the imaginary line. Fire separation distance and requirements of Section R302.1 shall not apply to walls separating townhouse units that are required by Section R302.2. Exceptions:
(A) Exception 1. Walls, projections, openings or penetrations in walls perpendicular to the line used to determine the fire separation distance.
(B) Exception 2. Walls of individual dwelling units and their accessory buildings located on the same lot.
(C) Exception 3. Detached tool sheds and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.
(D) Exception 4. Detached garages accessory to a dwelling unit located within 2 feet (610 mm) of a lot line are permitted to have roof eave projections not exceeding 4 inches (102 mm).
(E) Exception 5. Foundation vents installed in compliance with this code are permitted.
(F) Exception 6. Open metal carport structures may be constructed within zero feet of the property line without fire-resistive or opening protection when the location of such is approved.
(A) Row 1 contains the headers for each column, which are listed below from column 1 through column 3.
(i) Row 1, column 1 header is entitled "EXTERIOR WALL ELEMENT."
(ii) Row 1, column 2 header is entitled "MINIMUM FIRE-RESISTANCE RATING."
(iii) Row 1, column 3 header is entitled "MINIMUM FIRE SEPARATION DISTANCE."
(B) Row 2 contains two sub-columns within column 1. The second sub-column in column 1 has three sub-rows that continue through columns 2 and 3. The row is described below:
(i) Row 2, column 1, sub-column 1 is entitled "Walls."
(ii) Row 2, sub-row 1, column 1, sub-column 2, is entitled "Fire-resistance rated."
(iii) Row 2, subrow 1, column 2, contains the wording "1 hour-tested in accordance with ASTM E119, UL 263 or Section 703.3 703.2.2 of the International Building Code® with exposure from both sides."
(iv) Row 2, sub-row 1, column 3, contains the wording "0 feet."
(v) Row 2, sub-row 2, column 1, sub-column 2 is entitled "Not fire-resistance rated."
(vi) Row 2, sub-row 2, column 2, contains the wording "0 hours."
(vii) Row 2, sub-row 2, column 3, has been modified to change the fire separation distance to "greater than or equal to 3 feet."
(C) Row 3 contains two sub-columns within column 1. The second sub-column in column 1 has three sub-rows within that continue through columns 2 and 3. The row is described below:
(i) Row 3, column 1, sub-column 1 is entitled "Projections."
(ii) Row 3, sub-row 1, column 1, sub-column 2, is entitled "Not allowed" and has been deleted from the table along with the remaining content in columns 2 and 3.
(iii) Row 3, sub-row 2, column 1, sub-column 2, is entitled "Fire-resistance rated."
(iv) Row 3, sub-row 1, column 2, contains the wording "1 hour on the underside, or heavy timber, or fire-retardant-treated wood" with a superscript "a, b" at the end to indicate footnotes "a" and "b" are applicable.
(v) Row 3, sub-row 1, column 3, has been modified to change the minimum fire separation distance to "greater less than 3 feet."
(vi) Row 3, sub-row 3, column 1, sub-column 3, is entitled "Not fire-resistance rated."
(vii) Row 3, sub-row 3, column 2, contains the wording "0 hours."
(viii) Row 3, sub-row 3, column 3, has been modified to change the minimum fire separation distance to "greater than or equal to 3 feet."
(D) Row 4 contains two sub-columns within column 1. The second sub-column in column 1 has three sub-rows 1 that continue through columns 2 and 3. The row is described below:
(i) Row 4, column 1, subcolumn 1, is entitled "Openings in walls."
(ii) Row 4, sub-row 1, column 1, sub-column 2, is entitled "Not allowed."
(iii) Row 4, sub-row 1, column 2, contains the wording "NA."
(iv) Row 4, sub-row 1, column 3, contains the wording "less than 3 feet."
(v) Row 4, sub-row 2, column 1, sub-column 2, is entitled "25 percent maximum of wall area" and has been deleted from the table along with the remaining content in columns 2 and 3.
(vi) Row 4, sub-row 3, column 1, sub-column 2, is entitled "Unlimited."
(vii) Row 4, sub-row 3, column 2, contains the wording "0 hours."
(viii) Row 4, sub-row 3, column 3, contains has been modified to change the minimum fire separation distance to "greater than or equal to 3 feet."
(E) Row 5 contains two sub-columns within column 1 and two sub-rows within columns 2 and 3. The row is described below:
(i) Row 5, column 1, sub-column 1, is entitled "Penetrations."
(ii) Row 5, column 1, subcolumn 2, is entitled "All."
(iii) Row 5, column 2, sub-row 1, contains the wording "Comply with Section R302.4."
(iv) Row 5, column 3, sub-row 1, contains the wording "less than 3 feet."
(v) Row 5, column 2, sub-row 2, contains the wording "None required."
(vi) Row 5, column 3, sub-row 2, has been modified to change the minimum fire separation distance to "greater than or equal to 3 feet."
(F) Under the table the following wording is listed "For SI: 1 foot equals 304.8 mm" and "NA equals Not Applicable."
(G) Footnote "a" reads: "The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing."
(H) Footnote "b" reads: "The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the rake overhang where gable vent openings that communicate with the attic are not installed in the overhang or gable wall."
(A) Row 1 contains the headers for each column, which are listed below from column 1 through column 3.
(i) Row 1, column 1, header is entitled "EXTERIOR WALL ELEMENT."
(ii) Row 1, column 2, header is entitled "MINIMUM FIRE-RESISTANCE RATING."
(iii) Row 1, column 3, header is entitled "MINIMUM FIRE SEPARATION DISTANCE."
(B) Row 2 contains two sub-columns within column 1 and two sub-rows within the second sub-column of column 1 that continue through columns 2 and 3. The row is described below:
(i) Row 2 sub-column 1, is entitled "Walls."
(ii) Row 2, sub-row 1, column 1, sub-column 2, is entitled "Fire-resistance rated."
(iii) Row 2, sub-row 1, column 2, contains the wording "1 hour-tested in accordance with ASTM E119, UL 263 or Section 703.3 703.2.2 of the International Building Code® with exposure from outside".
(iv) Row 2, sub-row 1, column 3, contains the wording "0 feet."
(v) Row 2, sub-row 2, column 1, sub-column 2, is entitled "Not fire-resistance rated."
(vi) Row 2, sub-row 2, column 2, contains the wording "0 hours."
(vii) Row 2, sub-row 2, column 3, contains the wording "3 feet" with a superscript "a" to clarify footnote "a" is applicable.
(C) Row 3 contains two sub-columns within column 1 and three sub-rows within the second sub-columns of column 1 that continue through columns 2 and 3. The row is described below:
(i) Row 3, column 1, sub-column 1, is entitled "Projections.
(ii) Row 3, sub-row 1, column 1, sub-column 2, is entitled "Not allowed" and has been deleted from the table along with the remaining content in columns 2 and 3.
(iii) Row 3, sub-row 2, column 1, sub-column 2, is entitled "Fire-resistance rated."
(iv) Row 3, sub-row 2, column 2, contains the wording "1 hour on the underside, or heavy timber, or fire-retardant-treated wood" with a superscript "b, c" at the end to indicate footnotes "b" and "c" are applicable.
(v) Row 3, sub-row 2, column 3, contains the wording "2 feet" with a superscript "a" to indicated footnote "a" is applicable.
(vi) Row 3, sub-row 3, column 1, sub-column 3, is entitled "Not fire-resistance rated."
(vii) Row 3, sub-row 3, column 2, contains the wording "0 hours."
(viii) Row 3, sub-row 3, column 3, contains the wording "3 feet."
(D) Row 4 contains two sub-columns within column 1 and two sub-rows within the second sub-column of column 1 that continue through columns 2 and 3. The row is described below:
(i) Row 4, column 1, sub-column 1, is entitled "Openings in walls."
(ii) Row 4, sub-row 1, column 1, sub-column 2, is entitled "Not allowed."
(iii) Row 4, sub-row 1, column 2, contains the wording "NA."
(iv) Row 4, sub-row 1, column 3, contains the wording "less than 3 feet."
(v) Row 4, sub-row 2, column 1, sub-column 2, is entitled "Unlimited."
(vi) Row 4, sub-row 2, column 2, contains the wording "0 hours."
(vii) Row 4, sub-row 2, column 3, contains the wording "3 feet" with a superscript "a" to indicate footnote "a" is applicable.
(E) Row 5 contains two sub-columns within column 1 and two sub-rows within columns 2 and 3. The row is described below:
(i) Row 5, column 1, sub-column 1, is entitled "Penetrations."
(ii) Row 5, column 1, sub-column 2, is entitled "All."
(iii) Row 5, sub-row 1 column 2, contains the wording "Comply with Section R302.4."
(iv) Row 5, sub-row 1 column 3, contains the wording "less than 3 feet."
(v) Row 5, sub-row 2 column 2, contains the wording "None required."
(vi) Row 5, sub-row 2 column 3, contains the wording "3 feet" with a superscript "a" to indicate footnote "a" is applicable.
(F) Under the table the following wording is listed "For SI: 1 foot equals 304.8 mm" and "NA equals Not Applicable."
(G) Footnote "a" reads: "For a residential subdivision where all dwellings are equipped throughout with an automatic sprinkler system installed in accordance with Section P2904, the fire separation distance for exterior walls not fire-resistance rated and for fire- resistance rated projections shall be permitted to be reduced to 0 feet, and unlimited unprotected openings and penetrations shall be permitted, where the adjoining lot provides an open setback yard that is 6 feet or more in width on the opposite side of the property line."
(H) Footnote "b" reads: "The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing."
(I) Footnote "c" reads: "The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the rake overhang where gable vent openings that communicate with the attic are not installed in the overhang or gable wall."
(7) R302.2.2 Common walls. This section has been modified to provide clarity to the section by adding the word fire in Item 1 and adding wording to clarify Item 2 is referring to existing structures. This section has been modified to read: R302.2.2 Common Walls. Common walls separating townhouse units shall be assigned a fire-resistance rating in accordance with Item 1 or 2 and shall be rated for fire exposure from both sides. Common walls shall extend to and be tight against the exterior sheathing of the exterior walls or face of exterior walls without stud cavities, and the underside of the roof sheathing. The common wall shared by two townhouse units shall be constructed without openings, plumbing or mechanical equipment, ducts or vents, other than water-filled fire sprinkler piping in the cavity of the common wall. Electrical installations shall be in accordance with Chapters 34 through 43. Penetrations of the membrane of common walls for electrical outlet boxes shall be in accordance with Section R302.4.
(A) Item 1. Where an automatic fire sprinkler system in accordance with Section P2904 is provided, the common wall shall be not less than a 1-hour fire-resistant-rated wall assembly tested in accordance with ASTM E119, UL 263 or Section 703.2.2 of the International Building Code®.
(B) Item 2. For existing structures where an automatic fire sprinkler system in accordance with Section P2904 is not provided, the common wall shall be not less than a 2-hour fire resistance-rated wall assembly tested in accordance with ASTM E119, UL 263 or Section 703.2.2 of the International Building Code®.
(8) Section R307.3 Required. This section has been added to stipulate in addition to other applicable requirements in this code, storm shelters shall be constructed in accordance with ICC 500® except as required by Sections R307.3.1 through R307.3.4.1 This section has been added to read: R307.3 Required. In addition to other applicable requirements in this code, storm shelters shall be constructed in accordance with ICC 500® except as required by Sections R307.3.1 through R307.3.4.1.
(9) Section R307.3.1 Design wind speed. This section has been added to modify the requirements of ICC 500® Section 304.2 to clarify the minimum design wind speed for all storm shelters in the State of Oklahoma shall be set at 250 miles per hour. This section has been added to read: R307.3.1 Design wind speed. For storm shelters, the minimum design wind speed for the entire State of Oklahoma shall be 250 miles per hour.
(10) Section R307.3.2 In-ground storm shelters. This section has been added to clarify for all in-ground storm shelters installed in garages, the rim of the shelter shall be raised a minimum of 1 inch (25 mm) above the highest point of the adjacent garage floor to resist surface drainage and to require the floor around the shelter to slope at a maximum slope of 1:8. This section has been added to read: R307.3.2 In-ground storm shelters. When installed in the floor of a garage, the rim of the storm shelter shall be raised a minimum of 1 inch (25 mm) above the highest point of the adjacent garage floor to resist surface drainage into the shelter. The floor around the shelter shall have an apron with a positive slope away from the shelter.
(11) Section R307.3.3 Height of storm shelter. This section has been added to clarify how to determine the location of the natural ventilation openings in storm shelters in accordance with ICC 500® Section 702.5.1, by providing a definition for the height of a storm shelter to be calculated by taking the average of the vertical dimensions from the floor elevation to the bottom of the storm shelter deck or to the underside of a hard ceiling within the storm shelter. This section has been added to read: R307.3.3 Height of storm shelter. When determining the location of natural ventilation in accordance with ICC 500® Section 702.5.1, the height of the storm shelter shall be defined as an average of the vertical dimensions from the floor elevation to the bottom of the storm shelter deck or to the underside of a hard ceiling within the storm shelter.
(12) Section R307.3.4 Occupant density. This section has been added to modify the requirements of ICC 500® Section 501.1.1 to clarify residential storm shelters may exceed the occupant density requirements in ICC 500® Table 502.4 and not be required to conform to the requirements of a community shelter. This section has been added to read: R307.3.4 Occupant density. Residential storm shelters located in or adjacent to one- and two-family dwellings may exceed the occupant density in ICC 500® Table 502.4 and shall not be required to conform to the requirements of a community shelter.
(13) R307.3.4.1 Shelter quantity requirement. This section has been added to clarify if a lot contains more than one townhouse or more than one single one- or two-family residence and a residential storm shelter is provided, there must be a minimum of one residential storm shelter provided for each dwelling unit, not including accessory dwelling units (ADUs) so long as applicable criteria is met. This section has been added to read: R307.3.4.1 Shelter quantity requirement. If a lot contains more than one townhouse or more than one single one- or two-family residence, and a residential storm shelter is provided, there must be a minimum of one residential storm shelter provided for each dwelling unit not including accessory dwelling units (ADUs), as long as all applicable provisions of this section are met.
(A) Each shelter must comply with the following:
(i) Item 1. Designated for the exclusive use of one specific dwelling unit.
(ii) Item 2. Clearly identified and available to the designated occupants at all times.
(iii) Item. 3. Located inside a dwelling unit or within a maximum travel distance of 500 feet from the entrance of the dwelling unit it serves.
(B) Providing a residential storm shelter to serve more than one dwelling unit shall be prohibited. Developments intending to provide shared storm shelter protection for multiple units shall be required to install a community storm shelter in accordance with ICC 500® requirements for community shelters.
(C) Exception: Tenants of dwelling units are not prohibited from installing their own personal storm shelter. However, any such shelter must be located either inside the tenant’s dwelling unit or in a private yard designated for that unit. The shelter must not be accessible to other residents of the community without the tenant’s explicit consent.
(14) Section R309.1 Townhouse automatic sprinkler systems. This section has been modified to add a second exception for new townhouses to clarify a sprinkler system is not required when a two-hour fire-resistance rated wall is installed between dwelling units. This section has been modified to read: R309.1 Townhouse automatic sprinkler systems. An automatic sprinkler system shall be installed in townhouses. Exceptions:
(A) Exception 1: An automatic sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed.
(B) Exception 2: An automatic sprinkler system shall not be required when a two-hour fire-resistance rated wall is installed between dwelling units.
(15) Section R309.2 One- and two-family dwellings automatic fire sprinkler systems. This section, including the exception, has been moved to the newly created Appendix BP, entitled "Appendix BP, Automatic Fire Systems" and is not adopted as a part of the statewide minimum code for residential construction within the State of Oklahoma. This section has been renumbered in Appendix BP to become BP101.1. Section R309.2 will stay as part of this code for numbering alignment but will not have any requirements attached to it.
(16) Section R309.2.1 Design and installation. This section has been moved to the newly created Appendix BP, entitled "Appendix BP, Automatic Fire Systems" and is not adopted as a part of the statewide minimum code for residential construction within the State of Oklahoma. This section has been renumbered in Appendix BP to become BP101.2. Section R309.2.1 will stay as part of this code for numbering alignment but will not have any requirements attached to it.
(A) Exception 1. The openings between adjacent treads is not limited on spiral stairways.
(B) Exception 2. The riser height of spiral stairways shall be in accordance with Section R311.7.10.1.
(C) Exception 3. The top and bottom riser in each flight of stairs may vary by 3/4 inch (19 mm).
(A) Exception 1. Swimming pools, spas and hot tubs on lots in excess of 2 acres are exempt from the requirements.
(B) Exception 2. A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346 need not comply with this section.
748:20-6-9. IRC® 20182024 Chapter 4 Foundations [AMENDED]
Chapter 4 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section R402.2 Concrete. This section has been modified to include an exception for interior concrete slabs on grade and enclosed garage slabs to the requirement the concrete be air entrained. This section has been modified to read: R402.2 Concrete. Concrete shall have a minimum specified compressive strength of f 'c, as shown in Table R402.2. Concrete subject to moderate or severe weathering as indicated in Table R301.2(1) shall be air entrained as specified in Table R402.2. The maximum weight of fly ash, other pozzolans, silica fume, slag or blended cements that is included in concrete mixtures for garage floor slabs and for exterior porches, carport slabs, and steps that will be exposed to deicing chemicals shall not exceed the percentages of the total weight of the cementitious materials specified in Section 19.3.3.4 of ACI 318. Materials used to produce concrete testing thereof shall comply with the applicable standards listed in Chapters 19 and 20 of ACI 318 or ACI 332. Exception: Interior concrete slabs on grade and enclosed garage slabs are not required to be air-entrained.
(A) Item 1. Add 2 number four (4) rebar to all footings.
(B) Item 2. All cold joints between footings and foundation walls (stem walls) shall be tied together by a number four (4) rebar at every corner not to exceed 6 feet (1828 mm) o.c. with embedment of 12 inches (304 mm) into each footing and wall.
(C) Exception: Portable structures not used as a dwelling unit not exceeding one story in height and 600 square feet (55.74 square meters) in area shall be exempt from the requirements of this section. In all cases, structuers shall be secured to the earth or foundation/slab element in a minimum of four locations by an approved method.
(A) R403.1.6 Foundation anchorage: Wood sill plates and wood walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.
(B) Cold-formed steel framing shall be anchored directly to the foundation or fastened to wood sill plates anchored to the foundation. Anchorage of cold-formed steel framing shall be in accordance with Section R505.3.1 or R603.3.1, as applicable. Wood sill plates supporting cold-formed steel framing shall be anchored to the foundation in accordance with this section.
(C) Wood sole plates at the exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum 1/2-inch-diameter (12.7 mm) anchor bolts spaced not greater than 6 feet (1829 mm) on center or approved anchors or anchor straps spaced as required to provide equivalent anchorage to 1/2-inch-diameter (12.7 mm) anchor bolts. Bolts shall extend not less than 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. The bolts shall be located in the middle third of the width of the plate. A nut and washer shall be tightened on each anchor bolt. There shall not be fewer than two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior load bearing wall sole plates that are not part of a braced wall panel shall be positively anchored with approved fasteners. Hand driven cut or concrete nails are not approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Section R317 and R318. Exceptions:
(i) Exception 1. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with not less than one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in Item 9 of Table R602.3(1).
(ii) Exception 2. Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached at corners as shown in Item 9 of Table R602.3(1).
(iii) Exception 3. Wood sole plates of braced wall panels at building interiors on monolithic slabs may be anchored using connector(s) with a shear capacity of 2300 pounds and a tensile capacity of 800 pounds over a maximum span of 6 feet.
(5) Section R404.1.3.3.1.a Steel reinforcement. This section heading number has been modified to add the letter "a" behind it to indicate there are two sections with this header number. No further changes were made to this section. This section was modified to read: R404.1.3.3.1.a. Steel reinforcement. Steel reinforcement shall comply with the requirements of ASTM A615, A706 or A996M. ASTM A99M bars produced from rail steel shall be Type R. In buildings assigned to Seismic Design Category A, B, or C, the minimum yield strength of reinforcing steel shall be 40,000 psi (Grade 40) (276 MPa). In buildings assigned to Seismic Design Category D with a subscript "0", D with a subscript "1" or D with a subscript "2", the minimum yield strength shall be 60,000 psi (Grade 60) (414 MPa).
(6) Section R404.1.3.3.7.1.b Glass Reinforced Polymer (GFRP) reinforcement. This section has been added to address the use of glass reinforced polymer for foundations and has been given the letter "b" behind the section header to indicate there are two sections with this header number and it is the second of the two. This section has been added to read: R404.1.3.3.7.1.b Glass Reinforced Polymer (GERP) reinforcement. GFRP reinforcement complying with ASTM D7959 and designed and constructed in accordance with ACI 440.11 shall be permitted for foundation walls and spread footings not more than 48 inches (1219 mm) in height. Preformed corners must be used with GFRP reinforcement.
748:20-6-10. IRC® 20182024 Chapter 5 Floors [AMENDED]
Chapter 5 of the IRC® 2018 2024 is adopted with the following modifications:
(1) 506.2.1 Post-tension reinforcement. This section has been added to require a label to be placed on the electrical panel advising the floor is post-tensioned to provide a notice to future contractors when remodeling may be needed. This section has been added to read: R506.2.1 Post-tension reinforcement. When slabs on grade are post-tension reinforced there shall be a label placed on the electric panel door that the floor is post tensioned.
748:20-6-11. IRC® 20182024 Chapter 6 Wall Construction [AMENDED]
Chapter 6 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Table R602.3(1) Fastening schedule. This table has been amended to add a new footnote "k j" to the table that is applicable to row 16 17 of the table. The table has 4647 rows, 39 41 of the rows have four columns per row and seven (7) six (6) rows have one merged column that break the table out into categories between certain rows as described below:
(A) Row 1 contains the column headers for the table and are listed below:
(i) Row 1, column 1 is entitled "ITEM."
(ii) Row 1, column 2 is entitled "DESCRIPTION OF BUILDING ELEMENTS."
(iii) Row 1, column 3 is entitled "NUMBER AND TYPE OF FASTENER" with the superscript letters "a," "b," and "c" following the word "FASTENER" to indicate footnotes "a," "b," and "c" are applicable.
(iv) Row 1, column 4 is entitled "SPACING AND LOCATION."
(B) Row 2 only has one column and is entitled "Roof."
(C) Row 3, column 1 lists a "1." No changes have been made to this row.
(D) Row 4, column 1 lists a "2." No changes have been made to this row.
(E) Row 5, column 1 lists a "3." No changes have been made to this row.
(F) Row 6, column 1 lists a "4." No changes have been made to this row.
(G) Row 7, column 1 lists a "5." No changes have been made to this row.
(H) Row 8, column 1 lists a "6." No changes have been made to this row.
(I) Row 9, column 1 lists a "7." No changes have been made to this row.
(J) Row 10 only has one column and is entitled "Wall Test."
(K) Row 11, column 1 lists an "8." No changes have been made to this row.
(L) Row 12, column 1 lists a "9." No changes have been made to this row.
(M) Row 13, column 1 lists a "10." No changes have been made to this row.
(N) Row 14, column 1 lists an "11." No changes have been made to this row.
(O) Row 15, column 1 lists a "12." No changes have been made to this row.
(P) Row 16, column 1 lists a "13." No changes have been made to this row.
(Q) Row 17, column 1 lists a "14." No changes have been made to this row.
(R) Row 18, column 1 lists a "15." No changes have been made to this row.
(S) Row 19, column 1 lists a "16." A new footnote "k" has been added to the table and is specific to this row. The row has two sub-rows and is described below.
(T) Row 20, column 1 lists a "17." No changes have been made to this row A new footnote "j" has been added to the table and is specific to this row. The row has two sub-rows and is described below.
(i) Row 19, column 2 lists "Top or bottom plate to stud" and has a superscript "j" after the word "stud" to indicate the newly added footnote "j" is applicable.
(ii) Row 19, column 3 has two sub-rows. No changes have been made to either sub-row in the column
(iii) Row 19, column 4 has two sub-rows. No changes have been made to either sub-row in the column.
(U) Row 21, column 1 lists a "18." No changes have been made to this row.
(V) Row 22, column 1 lists a "19." No changes have been made to this row.
(W) Row 23, column 1 lists a "20." No changes have been made to this row.
(X) Row 24, column 1 lists a "21." No changes have been made to this row.
(i) Footnote "a" reads: "Nails are smooth-common, box or deformed shanks except where otherwise stated. Nails used for framing and sheathing connections are carbon steel and shall have minimum average bending yield strengths as shown: 80 ksi for shank diameter of 0.192 inch (20d common nail), 90 ksi for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi for shank diameters of 0.142 inch or less. Connections using nails and staples of other materials, such as stainless steel, shall be designed by accepted engineering practice or approved under Section R104.2.2."
(ii) Footnote "b" reads: "Staples are 16 gage wire and have a minimum 7/16 -inch on diameter crown widthRSRS-10 is a Roof Sheathing Ring Shank nail meeting the specifications in ASTM F1667."
(iii) Footnote "c" reads: "Nails shall be spaced not more than 6 inches on center at all supports where spans are 48 inches or greater."
(iv) Footnote "d" reads: "Four-foot by 8-foot or 4-foot by 9-foot panels shall be applied vertically."
(v) Footnote "e" reads: "Spacing of fasteners not included in this table shall be based on Table R602.3(2)."
(vi) Footnote "f" reads: "For wood structural panel roof sheathing attached to gable end roof framing and to intermediate supports within 48 inches of roof edges and ridges, nails shall be spaced at 64 inches on center where the ultimate design wind speed is less than 130 mph in Exposure B or greater than 110 mph in Exposure C and shall be spaced 4 inches on center where the ultimate design wind speed is 130 mph or greater but less than 140 mph. Fastener spacing applies where roof framing specific gravity is 0.42 or larger. Where roof framing specific gravity is greater than or equal to 0.35 but less than 0.42 in accordance with AWC NDS, fastening of roof sheathing shall be with RSRS-03 (2 1/2-inch by 0.131-inch by 0.281-inch head) nails."
(vii) Footnote "g" reads: "Gypsum sheathing shall conform to ASTM C1396 and shall be installed in accordance with ASTM C1280 or GA 253. Fiberboard sheathing shall conform to ASTM C208."
(viii) Footnote "h" reads: "Spacing of fasteners on floor sheathing panel edges applies to panel edges supported by framing members and required blocking and at floor perimeters only. Spacing of fasteners on roof sheathing panel edges applies to panel edges supported by framing members and required blocking. Blocking of roof or floor sheathing panel edges perpendicular to the framing members need not be provided except as required by other provisions of this code. Floor perimeter shall be supported by framing members or solid blocking."
(ix) Footnote "i" reads: "Where a rafter is fastened to an adjacent parallel ceiling joist in accordance with this schedule, provide two toe nails on one side of the rafter and toe nails from the ceiling joists to top plate in accordance with this schedule. The toe nail on the opposite side of the rafter shall not be required."
(2) Table R602.3(3) Requirements for wood structural panel wall sheathing used to resist wind pressures with a superscript letters "a, b, and c" to indicate associated footnotes. This table has been modified to add footnote "d" to the table heading to allow for alternative fasteners when certain criteria is met. No changes to the table itself have been made. The table title has been modified to read: Table 602.3(3) Requirements for wood structural panel wall sheathing used to resist wind pressures, with the superscript letters "a," "b," "c," and "d" after the word "pressures." The footnotes have been modified to read:
(A) Footnote "a" reads: "Panel strength axis parallel or perpendicular to supports. Three- plywood sheathing with studs spaced more than 16 inches on center shall be applied with panel strength axis perpendicular to supports."
(B) Footnote "b" reads: "Table is based on wind pressures acting toward and away from building surfaces in accordance with Section R301.2. Lateral bracing requirements shall be in accordance with Section R602.10."
(C) Footnote "c" reads: "Wood structural panels with span ratings of Wall-16 or Wall-24 shall be permitted as an alternate to panels with a 24/0 span rating. Plywood siding rated at 16 o.c. or 24 o.c. shall be permitted as an alternate to panels with a 24/16 span rating. Wall-16 and Plywood siding 16 o.c. shall be used with studs spaced not more than 16 inches on center."
(D) Footnote "d" reads: "The following alternative fasteners will be acceptable with a wind exposure category of C or D, 0.099-inch x 2-1/4 inches at 3 inches o.c. along the edge and 6 inches o.c. in the field. Or 0.113-inch x 2-3/8 inches at 6 inches o.c. along the edge and12 inches o.c. in the field."
(3) Section R602.10.5 Minimum length of a braced wall panel. This section has been modified to allow for the portal frame to begin at 12 1/2 feet (3810 mm) from the wall line end for CS-PF method. This section has been modified to read: R602.10.5 Minimum length of a braced wall panel. The minimum length of a braced wall panel shall comply with Table R602.10.5. For methods CS-WSP and CS-SFB, the minimum panel length shall be based on the adjacent clear opening height in accordance with Table R602.10.5 and Figure R602.10.5. Where a panel has an opening on either side of differing heights, the taller opening height shall be used to determine the panel length. For method CS-PF, it is permissible to begin the portal frame at 12 1/2 feet (3810 mm) from the wall line end.
(4) Section R602.10.8 Braced wall panel connections. This section has been modified to include a fourth requirement to the section for anchoring wood sole plates to the building interiors on monolithic slabs using connectors with specific requirements. This section has been modified to read: R602.10. 8 Braced wall panel connections. Braced wall panels shall be connected to the floor framing or foundations as follows:
(A) Item 1. Where joists are perpendicular to a braced wall panel above or below, a rim joist, band joist or blocking shall be provided along the entire length of the braced wall panel in accordance with Figure R602.10.8(1). Fastening of top and bottom wall plates to framing, rim joist, band joist and/or blocking shall be in accordance with Table R602.3(1).
(B) Item 2. Where joists are parallel to a braced wall panel above or below, a rim joist, end joist or other parallel framing member shall be provided directly above and below the braced wall panel in accordance with Figure R602.10.8(2). Where a parallel framing member cannot be located directly above and below the panel, full-depth blocking at 16- inches (406 mm) spacing shall be provided between parallel framing members to each side of the braced wall panel in accordance with figure R602.10.8(2). Fastening of blocking and wall plates shall be in accordance with Table R602.3(1) and Figure R602.10.8(2).
(C) Item. 3. Connections of braced wall panels to concrete or masonry shall be in accordance with Section R403.1.6.
(D) Item 4. Wood sole plates of braced wall panels at building interiors on monolithic slabs maybe anchored using connector(s) with a shear capacity of 2300 pounds and a tensile capacity of 800 pounds over a maximum span of 6 feet (1829 mm).
(5) Section R602.12 Simplified wall bracing. This section has been modified to change wall height, roof eave height, and wind speed conditions. This section has been modified to read: R602.12 Simplified wall bracing. Buildings meeting all of the conditions listed below shall be permitted to be braced in accordance with this section as an alternate to the requirements of Section R602.10. The entire building shall be braced in accordance with this section; the use of other bracing provisions of Section R602.10, except as specified herein, shall not be permitted.
(A) Item. 1. There shall be not more than three stories above the top of a concrete or masonry foundation or basement wall. Permanent wood foundations shall not be permitted.
(B) Item 2. Floors shall not cantilever more than 24 inches (610 mm) beyond the foundation or bearing wall below.
(C) Item 3. Wall height shall not be greater than 12 feet (3658 mm)
(D) Item 4. The building shall have a roof eave-to-ridge height of 20 feet (6096 mm) or less.
(E) Item 5. Exterior walls shall have gypsum board with a minimum thickness of 1/2 inch (12.7mm) installed on the interior side fastened in accordance with Table R702.3.5.
(F) Item. 6. The structure shall be located where the ultimate design wind speed is less than or equal to 115 mph (51.4 m/s), and the exposure category is B or C.
(G) Item. 7. The structure shall be located in Seismic Design Category A, B, or C for detached one- and two-family dwellings or Seismic Design Category A or B for townhouses.
(H) Item 8. Cripple walls shall not be permitted in three-story buildings.
(6) Section R602.12.2 Sheathing materials. This section has been modified to change the minimum thickness of wood structural panels. This section has been modified to read: R602.12.2 Sheathing materials. The following sheathing materials installed on the exterior side of exterior walls shall be used to construct a bracing unit as defined in Section R602.12.3. Mixing materials is prohibited.
(A) Item 1. Wood structural panels with a minimum thickness of 7/16 inch (11.11 mm) fastened in accordance with Table R602.3(3).
(B) Item 2. Structural fiberboard sheathing with a minimum thickness of 1/2 inch (12.7 mm) fastened in accordance with Table R602.3(1).
748:20-6-12. IRC® 20182024 Chapter 7 Wall Covering [AMENDED]
Chapter 7 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section 703.1 General. This section has been modified to clarify and add requirements for direct applied exterior finish with water-resistive barrier installations. This section has been modified to read: 703.1 General. Exterior walls shall provide the building with a weather- resistive exterior wall envelope. The exterior wall envelope shall include flashing as described in Section R703.4. Direct Applied Exterior Finish Systems Cement Board based stucco finish and direct applied masonry or stone shall comply with the following:
(A) Item 1. Direct applied masonry or stone shall comply with Section R703.7.3 Water- resistive barriers and product manufacture's installation specifications.
(B) Item 2. Cement Board Stucco Exterior Finish Systems shall be installed per manufacturer installation instructions and meet the minimum wall assembly details below. Products that make up the finished wall system that consists of base coat, secondary coat, reinforcing mesh and finish coat shall be of same manufacturer to ensure product/material compatibility and performance.
(i) Item 2.1. Approved Sheathing.
(ii) Item 2.2. Base flashing at bottom of walls and roofs.
(iii) Item 2.3. Water resistant barrier equal to or greater than 60-minute Grade D paper or ASTM D226.
(iv) Item 2.4. Approved Cement Board for wall application base for exterior wall ASTM C1326.
(v) Item 2.5. Approved Cement Board Joint Reinforcement Coat and Mesh.
(vi) Item 2.6. Base Coat.
(vii) Item 2.7. Alkaline Resistant Reinforcing Mesh ASTM E2098(Alkaline Resistant).
(viii) Item 2.8. Second Base Coat.
(ix) Item 2.9. Finish Coat.
(x) Item 2.10. Other Design Considerations: Separation distance from finish exterior grade must be 6 inches or greater. Separation from roofs must be 1 inch or greater. Through wall flashing must be provided at horizontal locations at dissimilar materials. Expansion joints, if needed, shall comply with finish system manufacturer manufacturer's recommendations. Expansion gaps are required around all windows, doors, or other dissimilar material integrated in the wall and joints are required to be sealed.
(C) Exception: Log walls designed and constructed in accordance with the provisions of ICC 400®.
(2) Section R703.4 Flashing. This section has been modified to clarify that 6-mil polyethylene sheeting is an approved corrosion-resistant flashing in certain circumstances and to clarify flashing above doors is not required when the door is covered by a minimum of 3 feet. This section has been modified to read: R703.4 Flashing. Approved corrosion- resistant flashing shall be applied shingle-fashion in a manner to prevent entry of water into the wall cavity or penetration of water to the building structural framing components. 6-mil polyethylene sheeting is an approved corrosion-resistant flashing when not exposed to UV rays. Overlapped flashing shall be applied in shingle fashion. Self-adhered membranes used as flashing shall comply with AAMA 711. Fluid-applied membranes used as flashings in exterior walls shall comply with AAMA 714. The flashing shall extend to the surface of the exterior wall finish. Flashing shall be installed above deck ledgers in accordance with Section R507.9.1.5. Approved corrosion-resistant flashings shall be installed at the following locations:
(A) Item 1. Exterior window and door openings. Flashing at exterior window and door openings shall extend to the surface of the exterior wall finish or to the water-resistive barrier complying with Section R703.2 for subsequent drainage. Mechanically attached flexible flashings shall comply with AAMA 712. Flashing at exterior window and door openings shall be installed in accordance with one or more of the following: R703.4.1.
(B) Item 2. At the intersection of chimneys or other masonry construction with frame or stucco walls, with projecting lips on both sides under stucco copings.
(C) Item 3. Under and at the ends of masonry, wood or metal copings and sills.
(D) Item 4. Continuously above all projecting wood trim.
(E) Item 5. Where exterior porches, decks, or stairs attach to a wall or floor assembly of wood-frame construction.
(F) Item 6. At wall and roof intersections.
(G) Item 7. At built-in gutters.
(3) Section R703.7.3.2 Moist or marine climates. This section has been modified to clarify in option one the requirement is for direct applied materials and stucco applications, not including Stucco finish over cementitious board. This section has been modified to read: R703.7.3.2 Moist or marine climates. In the Moist (A) or Marine (C) climate zones indicated in Figure N1101.7, water-resistive barriers shall comply with one of the following:
(A) In addition to complying with Section R703.7.3.1, a space or drainage material not less than three sixteenths inch (5 mm) in depth shall be added to the exterior side of the water-resistive barrier for direct applied materials and stucco applications, not including Stucco Finish over cementitious board.
(B) In addition to complying with Section 703.7.3.1, Item 2, drainage on the exterior of the water-resistive barrier shall have a drainage efficiency of not less than 90 percent, as measured in accordance with ASTM E2273 or Annex A2 of ASTME 2925.
(4) Section R703.8 Anchored stone and masonry veneer, general. This section has been modified to specify anchored stone walls shall have an additional layer of No. 15 asphalt felt complying with ASTM D226 for Type I felt or other water-resistive barrier to provide a bond break between the primary water-resistive barrier and the back side of the stone and mortar. This section has been modified to read: R703.8 Anchored stone and masonry veneer, general. Anchored stone and masonry veneer shall be installed in accordance with this chapter, Table R703.3(1) and Figure R703.8. These veneers installed over a backing of wood or cold-formed steel shall be limited to the first story above grade plane and shall not exceed 5 inches (127 mm) in thickness. See Section R602.10 for wall bracing requirements for masonry veneer for wood-framed construction and Section R603.9.5 for wall bracing requirements for masonry veneer for cold-formed steel and connections. Anchored stone walls shall have an additional layer of No. 15 asphalt felt complying with ASTM D226 for Type I felt or other approved water-resistance barrier to provide a bond break between the primary water-resistive barrier and the back side of stone or mortar. Exceptions:
(A) Exception 1. For buildings in Seismic Design Categories A, B, and C, exterior stone or masonry veneer, as specified in Table R703.8(1) with a backing of wood or steel framing shall be permitted to the height specified in Table R703.8(1) above a noncombustible foundation.
(B) Exception 2. For detached one- and two-family dwellings in Seismic Design Categories D (subscript 0), D (subscript 1), and D (subscript 2), exterior stone or masonry veneer, as specified in Table 703.8(2) with a backing of wood framing shall be permitted to the height specified in Table 703.8(2) above a noncombustible foundation.
(5) Figure R703.8 R703.8(1) Typical Masonry Veneer Wall Details. This figure has been modified to add footnotes "e" and "f" and "g" to the footnote section and amend the figure heading to include a superscript "e" and "f" and "g" to indicate the associated footnotes. This figure's footnotes have been modified to read:
(A) Footnote "a" reads: "See Sections R703.4, R703.8.5, and R703.8.6."
(B) Footnote "b" reads: "See Section R703.2 and R703.8.4."
(C) Footnote "c" reads: "See Section R703.8.4. and Table R703.8.4.2 R703.8.4(1) and Section R703.8.4.2."
(6) Figure R703.8(2) Typical Masonry Veneer Wall Details. This figure has been modified to add footnotes "f" and "g" to the footnote section and amend the figure heading to include a superscript "f" and "g" to indicate the associated footnotes. This figure's footnotes have been modified to read:
(A) Footnote "a" reads: "See Sections R703.4, R703.8.5, and R703.8.6."
(B) Footnote "b" reads: "See Section R703.2 and R703.8.4."
(C) Footnote "c" reads: "See Section R703.8.4(1). and Section R703.8.4.2"
(D) Footnote "d" reads: "See Section R703.8.3."
(E) Footnote "e" reads: "Figures R703.8(1) and R703.8(2) illustrate typical construction details for a masonry veneer wall. For the actual mandatory requirements of this code, see the indicated sections of text. Other details of masonry veneer wall construction shall be permitted provided the requirements of the indicated sections of text are met.
(F) Footnote "f" reads: "Flashing shall be installed per Section R703.4, in accordance with a design from a registered design professional or in accordance with other approved methods or standard industry practices."
(G) Footnote "g" reads: "Flashing depicted under sill and above windows shall not be required with windows that have flanges for their primary attachment. Flange type windows shall be counter flashed into the weather-resistant barrier or installed per Section R703.4 and per window manufacturer's installation instructions."
(A) Item 1. ASTM E2568.
(B) Item 2. EIFS shall be limited to applications over substrates of concrete or masonry wall assemblies.
(C) Item 3. Flashing of EIFS shall be provided in accordance with the requirements of Section R703.4.
(D) Item 4. EIFS shall be installed in accordance with same manufacturer's instruction as instructions to ensure product/material compatibility and performance.
(E) Item 5. EIFS shall terminate not less than 6 inches (152 mm) above the finished ground level.
(F) Item 6. Decorative trim shall not be face-nailed through the EIFS.
(A) Item 1. ASTM E2568.
(B) Item 2. EIFS with drainage shall be required over all wall assemblies with the exception of substrates of concrete or masonry wall assemblies.
(C) Item 3. EIFS with drainage shall have an average minimum drainage efficiency of 90 percent when tested in accordance with ASTM E2273.
(D) Item 4. The water-resistive barrier shall comply with Section R703.2 or ASTM 2570.
(E) Item. 5. The water-resistive barrier shall be applied between the EIFS and the wall sheathing.
(F) Item 6. Flashing of EIFS with drainage shall be provided in accordance with the requirements of Section R703.4.
(G) Item 7. EIFS with drainage shall be installed in accordance with the same manufacturer's instructions to ensure product/material compatibility and performance.
(H) Item 8. EIFS with drainage shall terminate not less than 6 inches (152 mm) above the finished ground level.
(I) Item 9. Decorative trim shall not be face-nailed through the EIFS.
748:20-6-13. IRC® 20182024 Chapter 8 Roof-Ceiling Construction [AMENDED]
Chapter 8 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section R801.3 Roof drainage. This section has been stricken from the code.
(2) Section 802.3 R802.3 Ridge. This section has been modified to clarify a ridge beam shall be designed in accordance with acceptable engineer practices when the roof load exceeds specific criteria to carry one-half of the tributary load. This section has been modified to read: R802.3 Ridge. A ridge board used to connect opposing rafters shall be not less than 1 inch (25 mm) nominal thickness and not less in depth than the cut end of the rafter. Where ceiling joists or rafter ties do not provide continuous ties across the structure, a ridge beam shall be designed, in accordance with acceptable engineer practices, and supported on each end of the wall or girder, when roof loads exceed 10 per square foot pound dead loads and 20 per square foot pound live loads. In the case where rafters are used to support roof and finished ceiling (also known as a cathedral ceiling) with no connection of opposing rafters, ridge beam shall be designed, in accordance with acceptable engineer practices to carry one half of tributary load of the roof.
(3) Section R802.4.1 Rafter size. This section has been modified to provide guidance for builders framing rafters above the top sill of the wall system and provide an exception to require collar ties to be sized not less than the required size of the rafters they are connected to. This section has been modified to read: 802.4.1 Rafter size. Rafters shall be sized based on the rafter spans in Tables R802.4.1(1) through R802.4.1(8). Rafter spans shall be measured along the horizontal projection of the rafter. For other grades and species and for other loading conditions, refer to the AWC STJR. The tabulated rafter spans in Tables R802.4.1(1) through R802.4.1(8) assume ceiling joists are located at the bottom of the attic space or some other method of resisting the outward push of the rafter on the bearing walls, such as rafter ties is provided at that location. Where ceiling joists or rafter ties are located higher in the attic space, the rafter span in these tables shall be multiplied by the following rafter reduction factors: Where ceiling joists or rafter ties are located at one third the span of the rafter the adjustment factor is 0.67, at one quarter of the span of the rafter the rafter adjustment factor is 0.76, at one fifth the span of the rafter the adjustment factor is 0.83, at one sixth of the span of the rafter, the adjustment factor is 0.90, and at two fifteenths of the rafter or less, there is no need for adjusting the rafter capacity. Exception: Collar Ties. Installation of the collar ties to reduce the span of the rafters is permitted as shown in Figure R802.4.5. When collar ties are used to reduce rafter spans, the collar Collar ties shall be installed at every rafter and sized not less than the required size of the rafters they are connected.
(4) Section R802.4.2 Framing details. This section has been modified to change the rafter framing details. This section has been modified to read: R802.3 R802.4.2 Framing details.
(A) Rafters shall be framed opposite from each other to a ridge board, shall not be offset more than one and 1.5 inches (38 mm) from or to each other and shall be connected with a collar tie, gusset plate or ridge strap in accordance with Section R802.4.6 or directly opposite from each other to a gusset plate in accordance with Table R602.3(1). Rafters shall be nailed to the top wall plates in accordance with Table R602.3 (1) unless the roof assembly is required to comply with the uplift requirements of Section R802.11. Ridge board shall not be less than 1-inch (25 mm) nominal thickness and not less in depth and one size greater than the rafters attached to it.
(B) Where a 1-inch (25 mm) nominal thickness ridge is used, all rafters shall be framed not more than 1.5 inches (38 mm) offset from each other at the ridge board or if no ridge is used they should be framed directly opposite from each other with a gusset plate as a tie. When a nominal 2-inch rafter is used they may be offset with no limitations.
(5) Section 802.4.3 R802.4.3 Hips and valleys. This section has been modified to provide an exception for the use of a "Blind Valley," and provide a definition of a brace. This section has been modified to read: R802.4.3 Hips and Valleys. Hip and valley rafters shall be not less than 2 inches (51 mm) nominal in thickness and not less in depth than the cut end of the rafter. Hip and valley rafters shall be supported at the ridge by a brace to a bearing partition, or beam, or be designated to carry and distribute the specific load at that point. Exception: The use of a "Blind Valley" also known as a "Farmers Valley" or "California Valley" will be allowed. In this type of valley, the main roof is framed as usual, it may or may not be sheathed and the intersecting roof is framed on top of the main roof. The two valley plates or sleeps lie on the top of the main roof rafters or sheathing and provide a nailing base for the jack rafters and the ridge board of the intersecting roof. A definition of a brace includes:
(A) Item 1. A triangular configuration of framing members with a horizontal tie and rafter members.
(B) Item 2. King post or similar.
(6) Section R802.5.1 R802.4.5 Purlins. This section has been modified to include an exception for spacing the braces at not more than 6 feet (1829 mm) when certain conditions are met. The section has been modified to read: R802.5.1 R802.4.5 Purlins. Installation of purlins to reduce the span of rafters is permitted as shown in Figure R802.5.1 R802.4.5. Purlins shall be sized not less than the required size of the rafters that they support. Purlins shall be continuous and shall be supported by 2-inch by 4-inch (51 mm by 102 mm) braces installed to bearing walls at a slope not less than 45 degrees (0.79 rad) from the horizontal. The braces shall be spaced not more than 4 feet (1219 mm) on center and the unbraced length of the braces shall not exceed 8 feet (2438 mm). The tabulated rafter spans in Tables R802.4.1(1) through R802.4.1(8) assume ceiling joists are located at the bottom of the attic space or some other method of resisting the outward push of the rafter on the bearing walls, such as rafter ties is provided at that location. Where ceiling joists or rafter ties are located higher in the attic space, the rafter span in these tables shall be multiplied by the following rafter reduction factors: Where ceiling joists or rafter ties are located at one third the span of the rafter the adjustment factor is 0.67, at one quarter of the span of the rafter the rafter adjustment factor is 0.76, at one fifth the span of the rafter the adjustment factor is 0.83, at one sixth of the span of the rafter, the adjustment factor is 0.90, and at two fifteenths of the rafter or less, there is no need for adjusting the rafter capacity. Exception: Braces may be spaced not more than 6 feet (1829 mm) on center if:
(A) Item 1. The purlin brace is 2-inch by 6-inch (51 mm by 153 mm),
(B) Item 2. Purlins shall be sized one nominal size larger than the rafter they support, and;
(C) Item 3. Unbraced length of braces shall not exceed 8 feet (2438 mm).
(7) Section R802.5.2 Ceiling joist and rafter connections. This section has been modified to reflect current framing practices. This section has been modified to read: R802.3.1 R802.5.2 Ceiling joists and rafter connections. Where ceiling joists run parallel to rafters, they shall be connected to rafters at the top wall plate in accordance with Table R802.5.2. Where ceiling joists are not connected to the rafters at the top of the wall plate, they shall be installed in the bottom third of the rafter height in accordance with Figure R802.4.5 and Table R802.5.2 R802.5.2(1). Where ceiling joists do not run parallel to the rafters, the ceiling joists shall be connected to top plates in accordance with Table R602.3(1). Each rafter shall be tied across the structure with a rafter tie spaced 4 ft (1219 mm) on center. Where ceiling joists or rafter ties are not provided, the ridge formed by these rafters shall be supported by a wall or girder designed in accordance with accepted engineer practices.
(8) Section R802.5.2.2 Rafter ties. This section has been modified to change the required length of the rafter ties from 24 to 48 inches on center. This section has been modified to read: R802.5.2.2 Rafter ties. Wood rafter ties shall be not less than 2 inches by 4 inches (51 mm by 102 mm) installed in accordance with Table R802.5.2(1) at a maximum of 48 inches (1219 mm) on center. Other approved rafter tie methods shall be permitted.
748:20-6-14. IRC® 20182024 Chapter 9 Roof Assemblies [AMENDED]
Chapter 9 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section 905.1.2 Ice barriers. This section has been modified to clarify the conditions and add two more paragraphs to the section to require 36-inch wide locations where ice barriers shall to be installed on the roof under specific conditions and in specific locations. This section has been modified to read:(A) 905.1.2 Ice barriers. In areas where there has been a history of ice forming along the eaves causing a backup of water as designated in Table R301.2(1), an ice barrier shall be installed for asphalt shingles, metal roof shingles, mineral-surfaced roll roofing, slate and slate-type shingles, wood shingles and wood shakes. The An ice barrier shall consist of not fewer than two layers of underlayment cemented together, or a self-adhering polymer-modified bitumen sheet shall be used in place of normal underlayment and extend from the lowest edges of all roof surfaces to a point not less than 24 inches (610 mm) inside the exterior wall line of the building. On roofs with a slope equal to or greater than eight units vertical in 12 units horizontal (67 percent slope), ice barrier shall also be applied not less than 36 inches (914 mm) measured along the roof slope from the eave edge of the building installed in the following locations:.
(C) Item 3: For new construction, an 18-inch wide (457 mm) ice barrier shall be installed at wall and roof intersections, run the length of the wall, and be cemented on the wall and roof intersection adjacent to living space.
(D) Item 4. In areas where there has been a history of ice forming along the eaves causing a backup of water as designated in Table R301.2(1), an ice barrier shall be installed for asphalt shingles, metal roof shingles, mineral roll roofing, slate and slate-type shingles, wood shingles and wood shakes. The ice barrier shall be used in place of normal underlayment and extend from the lowest edges of all roof surfaces to a pint not less than 24 inches (610 mm) inside the exterior wall line of the building. On roofs with a slope equal to or greater than eight units vertical in 12 units horizontal (76 percent slope) ice barrier shall also be applied not less than 36 inches (914 mm) measured along the roof slope from the eve edge of the building.
(A) The installation of a new roof covering over an existing roof covering shall be permitted where any of the following conditions occur:
(i) Item 1. Where a new roof covering is installed in accordance with the roof covering manufacturer's approved instructions.
(ii) Item 2. Complete and separate roofing systems, such as standing-seam metal roof systems, that are designed to transmit the roof loads directly to the building's structural system and do not rely on existing roofs and roof coverings for support, shall not require the removal of existing roof coverings.
(iii) Item 3. Metal panel, metal shingle and concrete and clay tile roof coverings shall be permitted to be installed over existing wood shake roofs where applied in accordance with Section 908.4.1.
(iv) Item 4. The application of a new protective roof coating over an existing protective roof coating, metal roof panel, metal roof shingle, mineral surfaced roll roofing, built-up roof, modified bitumen roofing, thermoset and thermoplastic single-ply roofing and spray polyurethane foam roofing system shall be permitted without tear-off of existing roof coverings.
(B) Exceptions: A roof re-cover shall be permitted where any of the following conditions occur:
748:20-6-15. IRC® 2018 Chapter 10 Chimneys and Fireplaces [REVOKED]
748:20-6-16. IRC® 20182024 Chapter 11 Energy Efficiency [AMENDED]
Chapter 11 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section 1101.5 (R105.2) Information on construction documents when required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the local authority having jurisdiction has adopted the section, clarify the energy path is for prescriptive and performance, remove a requirement to include the area weighted U-factor and solar heat gain coefficient SHGC calculations from the required construction documents when they are completed, and require the air sealing details to comply with Table N1102.5.1.1. This section has been modified to read: 1101.5 (R105.2) Information on construction documents when required by the authority having jurisdiction. Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted when approved by the code official Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include the following as applicable:
(A) Item 1. Energy compliance path prescriptive or performance.
(B) Item 2. Insulation materials and their R-values.
(C) Item 3. Fenestration U-factors and solar heat gain coefficients (SHGC)
(D) Item 4. This item has been stricken from the code.
(E) Item 5. Mechanical system design criteria
(F) Item 6. Mechanical and service water heating systems and equipment types, sizes and efficiencies.
(G) Item 7. Equipment and systems controls.
(H) Item 8. Duct sealing, duct and pipe insulation and location.
(I) Item 9. Air sealing details to comply with Table N1102.5.1.1.
(2) Section N1101.13.1 (R401.2.1) Prescriptive Compliance Option. This section has been modified to delete references to Sections N1104 and N1108. This section has been modified to read: N1103.13.1 (R401.2.1) The Prescriptive Compliance Option requires compliance with Sections N1101 through N1103.
(A) Item 1 The predominate R-values of insulation installed in or on the ceilings, roofs, walls, foundation components such as slabs, basement walls, crawl space walls and floors, and ducts outside conditioned spaces.
(B) Item 2. U-factors of fenestration and the solar heat gain coefficient (SHGC) of fenestration. Where there is more than one value for any component of the building thermal envelope, the certificate shall indicate both the value covering the largest area and the area weighted average value if available.
(C) Item 3. The results from any required duct system and building thermal envelope air leakage testing performed on the building.
(D) Item 4 The types, sizes and efficiencies of heating, cooling and service water-heating equipment. Where a gas-fired unvented room heater, electric furnace, or baseboard electric heater is installed in the residence, the certificate shall indicate "gas-fired unvented room heater," "electric furnace" or "baseboard electric heater," as appropriate. An efficiency is not required to be indicated for gas-fired unvented room heaters, electric furnace and electric baseboard heaters.
(E) Item 5. Where on-site photovoltaic panel systems have been installed, the array capacity, inverter efficiency, panel title and orientation shall be noted on the certificate.
(F) Item 6. For building where an Energy Rating Index score is determined in accordance with Section N1106, the Energy Rating Index score, both with and without any on-site generation, shall be listed on the certificate.
(G) Item 7. The code edition under which the structure was permitted and the compliance path used.
(H) Item 8. The location and dimensions of a solar-ready zone where one is provided.
(4) Table N1102.1.2 (R402.1.2) Maximum Assembly U-Factors and Fenestration Requirements. This stable has been modified to change in Climate Zone 3, the Vertical Fenestration U-Factor from "0.30" to "0.35", the Wood Frame Wall U-Factor from "0.060" to "0.067" and the Unheated Slab F-factor from "0.54" to "zero." This table has been modified to read: Table N1102.1.2 (R402.1.2) Maximum Assembly U-Factors and Fenestration Requirements. A superscript "a" is after the word "factors" in the title to indicate footnote "a "is applicable. The table contains 14 rows and 9 columns with 5 footnotes at the end and is described below:
(A) Row 1 contains the headers for each of the columns as listed below:
(i) Row 1, column 1 heading is entitled "CLIMATE ZONE."
(ii) Row 1, column 2 heading is entitled "0"
(iii) Row 1, column 3 heading is entitled "1"
(iv) Row 1, column 4 heading is entitled " 2."
(v) Row 1, column 5 heading is entitled "3"
(vi) Row 1, column 6 heading is entitled "4 EXCEPT MARINE."
(vii) Row 1, column 7 heading is entitled "5 AND MARINE 4."
(viii) Row 1, column 8 heading is entitled "6."
(ix) Row 1, column 9 heading is entitled " 7 and 8."
(B) Row 2, contains the following information:
(i) Row 2, column 1 is entitled "VERTICAL FENESTRATION U-FACTOR."
(ii) Row 2, column 2 contains the number "0.50."
(iii) Row 2, column 3 contains the number "0.50."
(iv) Row 2, column 4 contains the number "0.40."
(v) Row 2, column 5, has been modified to change the Vertical Fenestration U-factor from "0.30" to "0.35."
(vi) Row 2, column 6 contains the number "0.30."
(vii) Row 2, column 7 contains the number "0.28" with a superscript "d" to indicate footnote "d" is applicable.
(viii) Row 2, column 8 contains the number "0.28" with a superscript "d" to indicate footnote "d" is applicable.
(ix) Row 2, column 9 contains the number "0.27" with a superscript "d" to indicate footnote "d" is applicable.
(C) Row 3, column 1 is entitled "SKYLIGHT U-FACTOR." No changes have been made to this row.
(D) Row 4, column 1 is entitled "GLAZED VERTICAL FENESTRATION SHGC." No changes have been made to this row.
(E) Row 5, column 1 is entitled " SKYLIGHT SHGC." No changes have been made to this row.
(F) Row 6, column 1 is entitled "CEILING U-FACTOR." No changes have been made to this row.
(G) Row 7, column is entitled "INSULATION ENTIRELY ABOVE ROOF DECK." No changes have been made to this row.
(H) Row 8, column 1 contains the following information:
(i) Row 8, column 1 is entitled "WOOD-FRAMED WALL U-FACTOR."
(ii) Row 8, column 2 contains the number "0.084."
(iii) Row 8, column 3 contains the number "0.084."
(iv) Row 8, column 4 contains the number "0.084."
(v) Row 8, column 5, has been modified to change the Wood-framed Wall U-factor from "0.060" to "0.067."
(vi) Row 8, column 6 contains the number "0.045."
(vii) Row 8, column 7 contains the number "0.045".
(viii) Row 8, column 8 contains the number "0.045".
(ix) Row 8, column 9 contains the number "0.045".
(I) Row 9, column 1 contains is entitled "MASS WALL U-FACTOR" with a superscript "b" to indicate footnote "b" is applicable. No changes have been made to this row.
(J) Row 10, column 1 is entitled "FLOOR U-FACTOR." No changes have been made to this row.
(K) Row 11, column 1 is entitled "BASEMENT WALL U-FACTOR." No changes have been made to this row.
(L) Row 12, column 1 contains the following information:
(i) Row 12, column 1 is entitled "UNHEATED SLAB F-FACTOR" with a superscript "e" to indicate footnote "e" is applicable.
(ii) Row 12, column 2 contains the number "0.73."
(iii) Row 12, column 3 contains the number "0.73."
(iv) Row 12, column 4 contains the number "0.73."
(v) Row 12, column 5, has been modified to change the Unheated Slab F-factor from "0.54" to "zero."
(vi) Row 12, column 6 contains the number "0.51."
(vii) Row 12, column 7 contains the number "0.54".
(viii) Row 12, column 8 contains the number "0.48".
(ix) Row 12, column 9 contains the number "0.48".
(M) Row 13, column 1 is entitled "HEATED SLAB F-FACTOR" with a superscript "e" to indicate footnote "e" is applicable. No changes have been made to this row.
(N) Row 14, column 1 is entitled "CRAWL SPACE WALL U-FACTOR." No changes have been made to this row.
(O) After the table the following information is listed: For SI" 1 foot – 304.8 mm.
(P) The footnotes at the end of the table state the following:
(i) Footnote "a" reads: Nonfenestration U-factors and F-factors shall be obtained from measurements, calculations an approved source or Appendix NF where such appendix is adopted or approved.
(ii) Footnote "b" reads: Mass walls shall be in accordance with Section N1102.2.6. where more than half the insulation is on the interior, the mass wall U-factor shall not exceed 0.17 in Climate Zones 0 and 1, 0.14 in Climate Zone 2, 0.12 in Climate Zone 3, 0.087 in Climate Zone 4 except Marine, 0.065 in Climate Zone 5 and Marine 4, and 0.057 in Climate Zones 6 through 8.
(iii) Footnote "c" reads: In warm Humid locations as defined by Figure N1101.7 and Table 1101.7, the basement wall U-factor shall not exceed 0.0360.
(iv) Footnote "d" reads: A maximum U-factor of 0.30 shall apply in marine Climate Zone 4 and Climate Zones 5 through 8 to vertical fenestration products installed in buildings located either: (1) Above 4,000 feet in elevation above sea level, or (2) In windborne debris regions where protection of openings is required by Section R301.2.1.2.
(v) Footnote "e" reads: F-factors for slabs shall correspond to the R-values of Table N1102.1.3 and the installation conditions of Section N1102.2.10.1.
(A) Row 1 contains the headers for each of the columns as listed below:
(i) Row 1, column 1 heading is entitled "CLIMATE ZONE."
(ii) Row 1, column 2 heading is entitled "FENSTRATION U-FACTOR0." and contains a superscript "b" to indicate footnote "b" is applicable.
(iii) Row 1, column 3 heading is entitled "SKYLIGHT U-FACTOR1." with a superscript "b" after the word "SKYLIGHT" to indicate footnote "b" is applicable.
(iv) Row 1, column 4 heading is entitled "GLAZED FENSTRATION SHGC2." with a superscript "b" and "e" to indicate footnotes "b" and "e" are applicable.
(v) Row 1, column 5 heading is entitled "CEILING R-VALUE3."
(vi) Row 1, column 6 heading is entitled "WOOD FRAME WALL R-VALUE4 EXCEPT MARINE."
(vii) Row 1, column 7 heading is entitled "MASS WALL R-VALUE5 AND MARINE 4." with a superscript "i" to indicate footnote "i" is applicable.
(viii) Row 1, column 8 heading is entitled "FLOOR R-VALUE6."
(ix) Row 1, column 9 heading is entitled "BASEMENT WALL R-VALUE7 AND 8." with a superscript "c" after the word "BASEMENT" to indicate footnote "c" is applicable.
(B) Row 2, column 1 contains the number "1." No changes have been made to this row. following information:
(i) Row 2, column 1 is entitled "Vertical Fenestration U-Factor."
(ii) Row 2, column 2 contains the number "0.50."
(iii) Row 2, column 3 contains the number "0.50."
(iv) Row 2, column 4 contains the number "0.40."
(v) Row 2, column 5, has been modified to change the number "0.30" to "0.35."
(vi) Row 2, column 6 contains the number "0.30."
(vii) Row 2, column 7 contains the number "0.28" with a superscript "g" to indicate footnote "g" is applicable.
(viii) Row 2, column 8 contains the number "0.28" with a superscript "g" to indicate footnote "g" is applicable.
(ix) Row 2, column 9 contains the number "0.27" with a superscript "g" to indicate footnote "g" is applicable.
(C) Row 3, column 1 contains the number "2" is entitled Skylight U-Factor." No changes have been made to this row.
(D) Row 4, contains the following information: column 1 is entitled "Glazed Vertical Fenestration SHGC." No changes have been made to this row.
(E) Row 5, column 1 contains the number and words is entitled "4 except MarineSkylight SHGC." No changes have been made to this row.
(F) Row 6, column 1 contains the number and words is entitled "5 and Marine 4Ceiling R-Value." No changes have been made to this row.
(G) Row 7, column 1 contains the number is entitled "6Insulation Entirely Above Roof Deck." No changes have been made to this row.
(H) Row 8, column 1 contains the numbers and word contains the following information:
(i) Row 8, column 1 is entitled "Wood-Framed Wall R-Value," with a superscript "e" to indicate footnote "e" is applicable.
(ii) Row 8, column 2 contains the following: "13 or 0&10ci."
(iii) Row 8, column 3 contains the following: "13 or 0&10ci."
(iv) Row 8, column 4 contains the following: "13 or 0&10ci."
(v) Row 8, column 5, has been modified to change the wording from "20 or 13 & 5ci or 0 and 15ci" with a superscript "h" to "R-15" with a superscript "i" to indicate footnote "i" is applicable.
(vi) Row 9, column 6 contains the following: "30 or 20&5ci or 13&10ci or 0&20ci."
(vii) Row 9, column 7 contains the following: "30 or 20&5ci or 13&10ci or 0&20ci."
(viii) Row 9, column 8 contains the following: "30 or 20&5ci or 13&10ci or 0&20ci."
(ix) Row 9, column 9 contains the following: "30 or 20&5ci or 13&10ci or 0&20ci."
(I) Row 10, column 1 is entitled "Mass Wall R-Value" with a superscript "f" to indicate footnote "f" is applicable. No changes have been made to this row.
(J) Row 11, column 1 is entitled "Basement Wall R-Value" with superscript letters "b" and "e" to indicate both footnotes are applicable. No changes have been made to this row.
(K) Row 12 contains the following information:
(i) Row 12, column 1 is entitled "Unheated Slab R-Value & Depth," with a superscript "c" to indicate footnote "c" is applicable.
(ii) Row 12, column 2 contains the following: "0."
(iii) Row 12, column 3 contains the following: "0."
(iv) Row 12, column 4 contains the following: "0."
(v) Row 12, column 5, has been modified to delete the requirement and leave the cell in the table blank.
(vi) Row 12, column 6 contains the following: "10ci, 3ft."
(vii) Row 12, column 7 contains the following: "10ci, 3ft."
(viii) Row 12, column 8 contains the following: "10ci, 4 ft."
(ix) Row 12, column 9 contains the following: "10ci, 4ft."
(L) Row 13, column 1 is entitled "Heated Slab R-Value & Depth" with a superscript "c" to indicate footnote "c" is applicable. No changes have been made to this row.
(M) Row 14, column 1 is entitled "Crawl Space Wall R-Value" with superscript letters "b" and "e" to indicate both footnotes are applicable. No changes have been made to this row.
(i) For SI" 1 foot – 304.8 mm
(ii) NR equals Not Required, ci equals Continuous Insulation.
(i) Footnote "a" reads: "R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall not be less than the R-value specified in the table."
(ii) Footnote "b" reads: "The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. Exception: In Climate Zones 1 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that the SHGC for such skylights does not exceed 0.30 5ci or 13" means R-5 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "10ci or 13" means R-10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "15 ci or 19 or 13&5ci" means R-15 continuous insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on the interior side of the wall: or R-13 cavity insulation on the interior of the wall in addition to R-5 continuous insulation on the interior or exterior surface of the wall."
(iii) Footnote "c" reads: " '10/13' means R-10 continuous insulation on the interior or exterior of the home or R-13 cavity insulation on the interior of the basement wall. '15/19' means R-15 continuous insulation on the interior or exterior of the home or R-19 cavity insulation on the interior of the basement wall. Alternatively, compliance with '15/19' shall be R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulation on the interior or exterior of the home." Slab insulation shall be installed in accordance with Section N1102.2.10.1.
(iv) Footnote "d" reads: "R-5 insulation shall be provided under the full slab area of a heated slab in addition to the required slab edge insulation R-value for slabs, as indicated in the table. The slab edge insulation for heated slabs shall not be required to extend below the slab." Basement wall insulation shall not be required in Warm Humid locations as defined by Figure N1101.7 and Table N1101.7.
(v) Footnote "e" reads: "There are no SHGC requirements in the Marine Zone." The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example "13&5" means R-13 cavity insulation plus R-5 continuous insulation.
(vi) Footnote "f" reads: "Basement wall insulation shall not be required in warm-humid locations as defined by Figure N1101.7 and Table 1101.7." Mass walls shall be in accordance with Section N1102.2.6. The second R-value applies where more than half of the insulation is on the interior of the mass wall.
(vii) Footnote "g" reads: "Alternatively, insulation sufficient to fill the framing cavity providing not less than an R-value of R-19." A maximum U-factor of 0.30 shall apply in Marine climate Zone 4 and Climate Zones 5 through 8 to vertical fenestration products installed in buildings located either:
(I) Above 4,000 feet in elevation
(II) In windborne debris regions where protection of openings is required by Section R301.2.1.2.
(viii) Footnote "h" reads: "The first value is cavity insulation, the second value is continuous insulation. Therefore, as an example, '13 +5' means R-13 cavity insulation plus R-5 continuous insulation."30 or 19+7.5ci or 20ci" means R-30 cavity insulation alone or R-19 cavity insulation with R-7.5 continuous insulation or R-20 continuous insulation alone.
(ix) Footnote "i" reads: "Mass walls shall be in accordance with Section N1102.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall." Full depth open cell foam complies with wood-framed R-value for 2x4 wall.
(6) Section N1102.2.2 (R402.2.2) Ceilings without attics. This section has been modified to add an exception where the ceiling is formed by the rafter in a slope or vaulted ceiling from the plate height to ceiling level of 2 feet, that the slope shall be considered an extension of the wall up to 4 feet and be insulated with R-19. This section has been modified to read: N1102.2.2 (R404.2.2) Ceilings without attics. Where Section N1102.1.3 requires insulation R-values greater than R-30 in the interstitial space above a ceiling and below the structural roof deck, and the design of the roof/ceiling assembly does not allow sufficient space for the required insulation, the minimum required insulation R-value for such roof/ceiling assemblies shall be R-30. Insulation shall extend over the top of the wall plate to the outer edge of such plate and shall not be compressed. This reduction of insulation from the requirements of Section N1102.1.3 shall be limited to 500 square feet (46 meters squared) or 20 percent of the total insulated ceiling area, whichever is less. This reduction shall not apply to the component performance alterative in Section N1102.1.5. Exception: Where the ceiling is formed by the rafter in a slope or vaulted ceiling from plate height to ceiling level of 2 feet, that slope shall be considered an extension of the wall up to 4 feet and be insulated with R-19.
(8) Section N1102.5.1.2 (R402.5.1.2) Air leakage testing where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section and adds a second exception to the section for visual testing. This section has been added to read: N1102.5.1.2 (R402.5.1.2) Air leakage testing where required by the authority having jurisdiction. The building or each dwelling unit or sleeping unit in the building shall be tested for air leakage. Testing shall be conducted in accordance with ANSI/RESNET/ICC 380, ASTM E770, ASTM E1827 or ASTM E3158 and reported at pressure differential of 0.2-inch water gauge (50 pascals). Where required by the code official, testing shall be conducted by an approved third party. A written report of the results shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope has been sealed.
(A) During testing:
(i) Item 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weather-stripping or other infiltration control measures.
(ii) Item 2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures.
(iii) Item 3. Interior doors, where installed at the time of the test, shall be open.
(iv) Item 4. Exterior or interior terminations for continuous ventilation systems shall be sealed.
(v) Item 5. Heating and cooling systems, where installed at the time of the test, shall be turned off.
(vi) Item 6. Supply and return registers, where installed at the time of the test, shall be fully open.
(B) Exceptions:
(i) Exception 1: For heated, attached private garages and heated, detached private garages accessory to one- and two-family dwellings and townhouses not more than three stories above grade plane in height, building thermal envelope tightness and insulation installation shall be considered acceptable where the items in Table N1102.5.1.1, applicable to the method of construction, are field verified. Where required by the code official, an approved third-party independent from the installer shall inspect both the air barrier and insulation installation criteria. Heated, attached private garage space and heated detached private garage space shall be thermally isolated from all other habitable, conditioned spaces in accordance with Sections N1102.2.13 and N1102.4.2, as applicable.
(ii) Exception 2: Visual inspection of air barrier shall be allowed to ensure leakage rates comply with Section N1102.5.1.3 and installation and sealing comply with Table N1102.5.1.1. by a local jurisdiction having authority or by approved third party.
(9) N1102.5.1.3 (R402.5.1.3) Maximum air leakage rate. This section has been amended to delete non-applicable Climate Zones and change the maximum air leakage rate in Climate Zone 3 from "4.0" "5.0" air changes per hour and change the air leakage rate in Climate Zone 4 from "3.0" to "4.0" changes per hour. This section has been modified to read. N1102.5.1.3 (R402.5.1.3) Maximum air leakage rate. Where tested in accordance with Section N1102.5.1.2, the air leakage rate for buildings, dwelling units or sleeping units shall be as follows:
(A) Item 1. Where complying with Section N1101.13.1, the building or the dwelling units or sleeping units in the building shall have an air leakage rate not greater than 5.0 air changes per hour in Climate Zone 3; and 4.0 air changes per hour in Climate Zone 4.
(B) Item 2. Where complying with Section N1101.13.2 or N1101.13.3, the building or the dwelling units or sleeping units in the building shall have an air leakage rate not greater than 4.0 air changes per hour, or 0.22 cubic feet per minute square foot [1.1 L/s times meters squared)] of the building thermal envelope area or the dwelling testing enclosure area, as applicable.
(C)Exceptions:
(i) Exception 1. Where dwelling units or sleeping units are attached or located in an R-2 occupancy, and are tested without simultaneously testing adjacent dwelling units or sleeping units, the air leakage rate is permitted to be not greater than 0.27 cubic feet per minute per square foot [1.4 L/s times meters squared)] of testing unit enclosure area. Where adjacent dwelling units are simultaneously tested in accordance with ASTM E799, the air leakage rate is permitted to be not greater than 0.27 cubic feet per minute per square feet [1.4 L/s times meters squared)] of the testing unit enclosure area that separates conditioned space from the exterior.
(ii) Exception 2. Where buildings have 1,500 square feet (139.4 meters squared) or less of conditioned floor area, the air leakage rate is permitted to be not greater than 0.27 cubic feet per minute per square foot [1.4 L/(s times meters squared)].
(10) Section N1103.3.2 Building Cavities. This section has been modified to clarify building cavities used as plenums shall be sealed and comply with Section M1601.1.1. This section has been modified to read: N1103.3.2 (R403.3.2) Building cavities. Building cavities shall not be used as supply ductwork. Building cavities used as plenums shall be sealed and comply with M1601.1.1.
(B) Exception 2: Testing shall be required where there is not more than 10 feet (3048 mm) of total ductwork external to the space conditioning equipment and both the following are met:
(i) Requirement 2.1: The duct system is located entirely within the conditioned space.
(ii) Requirement 2.2: The ductwork does not include plenums constructed of building cavities or gypsum board.
(C) Exception 3: Where the space conditioning equipment is not installed, testing shall be permitted. The total measured leakage of the return ductwork shall be less than or equal to 3.0 cubic feet per minute (85 L/min) per 100 square feet (9.29 meters) of conditioned floor area.
(13) Section N1103.3.8 (R403.3.8) Duct system leakage where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if authority having jurisdiction has adopted the section. This section has been modified to read: N1103.3.8 (R403.3.8) Duct system leakage where required by the authority having jurisdiction. The total measured duct system leakage shall not be greater than the values in Table 1103.3.8, based on the conditioned floor area, number of ducted returns and the location of the duct system. For buildings complying with N1105 or N1106, where duct system leakage to outside is tested in accordance with ANSI/RESNET/ICC 380 OR ASTM E1553, the leakage to the outside value shall not be used for compliance with this section, but shall be permitted to be used in the calculation procedures of Sections N1105 and N1106.
(15) Section N1103.5 (R403. 5) Service hot water systems where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1103.5 (R403. 5) Service hot water systems where required by the authority having jurisdiction. Energy conservation measures for service hot water systems shall be in accordance with Sections N1103.5.1 through N1103.5.3
(A) Item 1. Piping 1 inch (25 mm) and larger in nominal diameter. This item has been stricken from the code.
(B) Item 2. Piping serving more than one dwelling unit.
(C) Item 3. Piping located outside the conditioned space.
(D) Item 4. This item has been stricken from the code.
(E) Item 5. This item has been stricken from the code.
(F) Item 6. Buried piping outside structure
(G) Item 7. Supply and return piping in recirculation systems other than demand recirculation systems.
(17) Section N1103.6.2 (R403.6.2) Fan Efficacy for whole house mechanical ventilation systems and outdoor air ventilation systems. This section has been stricken from the code.
(18) Table N1103.6.2 (R403.6.2) Fan Efficacy for whole house mechanical ventilation systems and outdoor air ventilation systems. This table has been stricken from the code.
(19) Section N1103.6.3 (R403.6.3) Testing where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1103.6.3 (R403.6.3) Testing where required by the authority having jurisdiction. Mechanical ventilation systems shall be tested and verified to provide the minimum ventilation flow rates required by Section N1103.6 in accordance with ANSI/RESNET/ICC 380. Where required by the code official, testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Exceptions:
(A) Exception 1. Kitchen range hoods that are ducted to the outside with ducting having a diameter of 6 inches (152 mm) or larger, a length of 10 feet (3048 mm) or less, and not more than two 90-degree (1.57 rad) elbows or equivalent shall not require testing.
(B) Exception 2. A third-party test shall not be required where the ventilation system has an integrated diagnostic tool used for airflow measurement, and a user interface that communicates the installed airflow rate.
(20) Section N1103.6.4 (R403.6.5) Intermittent exhaust control for bathrooms and toilet rooms where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1103.6.4 (R403.6.5) Intermittent exhaust control for bathrooms and toilet rooms where required by the authority having jurisdiction.
(A) Where an exhaust system serving a bathroom or toilet room is designed for intermittent operation, the exhaust system controls shall include one or more of the following:
(i) Item 1. A timer control with one or more delay setpoints that automatically turns off exhaust fans when the selected setpoint is reached. Not fewer than one delay-off setpoint shall be 30 minutes or less.
(ii) Item. 2 An occupant sensor control with one or more delay setpoints that automatically turns off exhaust fans in accordance with the selected delay setpoint after all occupants have vacated the space. Not fewer than one delay-off setpoint shall be 30 minutes or less.
(iii) Item 3. A humidity control with an adjustable setpoint ranging between 50 percent or more and 80 percent or less relative humidity that automatically turns off exhaust fans when the selected setpoint is reached.
(iv) Item 4. A contaminant control that responds to a particle or gaseous concentration and automatically turns off exhaust fans when a design setpoint is reached.
(B) Manual-off functionality shall not be used in lieu of the minimum setpoint functionality required by this section.
(C) Exception: Bathroom and toilet room exhaust systems serving as an integral component of an outdoor air ventilation system or a whole-house mechanical ventilation system.
(21) Section N1103.10.2 (R403.10.2) Time switches where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1103.10.2 (R403.10.2) Time switches where required by the authority having jurisdiction. Time switches or other control methods that can automatically turn heaters and pump motors off and on according to a preset schedule shall be installed for heaters and pump motors. Heaters and pump motors that have built-in time switches shall be in compliance with this section. Exceptions:
(A) Exception 1. Where public health standards require 24-hour pump operation.
(B) Exception 2. Pumps that operate on-site renewable energy and waste-heat-recovery pool heating systems.
(22) Section N1104 (R404) Electrical Power, Lighting and Renewable Energy Systems. This section and all subsections and tables have been stricken from the code.
(23) Section N1105.1 (R405.1) Scope. This section has been modified to remove a reference to Section N1104. This section has been modified to read: N1105.1 (R405.1) Scope. This section establishes criteria for compliance using simulated building performance analysis. Such analysis shall include heating, cooling, mechanical ventilation and service water-heating energy only. Such analysis shall be limited to dwelling units. Spaces other than dwelling units in Group R-2, R-3 or R-4 buildings shall comply with Sections N1102 and N1103.
(24) Section 1105.2 Simulated building performance compliance. This section has been amended to remove the requirement from Item 3 related to units with one or more fuel-burning appliance for space heating, water heating or both to have the annual energy cost of the dwelling unit be less than or equal to 80 percent of the annual energy cost of the standard reference design and modifies the first exception to allow the energy use to be based on full fuel cycle energy expressed in Btu or Btu per square foot of contioned floor area to be substituted for the energy costs utilzing conversions from Table N1105.3. This section has been modified to read: N1105.2 (R405.2) Simulated building performance compliance. Compliance based on simulated building performance requires that the building comply with the following:
(A) Item 1: The requirements of the sections indicated within Table N1105.2
(B) Item 2: The proposed total building thermal envelope thermal conductance (TC) shall be less than or equal to the required total building thermal envelope TC using prescriptive U-factors and F-factors from Table N1102.1.2 multiplied by 1.08 in Climate Zones 0, 1 and 2 and 1.15 in Climate Zones 3 through 8, in accordance with Equation 11-6 and Section N1102.1.5. The area-weighted maximum fenestration SHGC permitted in Climate Zones 0 through 3 shall be 0.30.
(C) Equation 11-6: For Climate Zones 0-2: TC proposed design is less than or equal to 1.08 times the TC prescriptive reference design. For Climate Zones 3 -8: TC proposed design is less than or equal to 1.15 times TC prescriptive reference design.
(D) Item 3. For all dwelling units, the annual energy cost of the proposed design shall be less than or equal to 85 percent of the annual energy costs of the standard reference design. For each dwelling unit with greater than 5,000 square feet (465 square meters) of living space located above grade plane, the annual energy cost of the dwelling unit shall be reduced by an additional 5 percent of annual energy of the standard reference design. Energy prices shall be taken from an approved source, such as the US Energy Information Administration's State Energy Data System prices and expenditures reports. Code officials shall be permitted to require time-of-use pricing in energy cost calculations. Exceptions:
(I) Exception 1. The energy use based on full fuel cycle (FCC) energy expressed in Btu or Btu per square foot of conditioned floor area shall be permitted to be substituted for the energy cost. FCC energy conversions from annual site energy consumption shall use FCC factors shown in Table N1105.3.
(II) Exception 2. The energy use based on site energy expressed in Btu or Btu per square foot of conditioned floor area shall be permitted to be substituted for the energy cost.
(25) Table N1105.2 (R405.2) Requirements for Simulated Building Performances. This table has been modified to remove references to Section N1104. This table has been modified to read: Table N1105.2 (R405.2) Requirements for Simulated Building Performances. The table contains 2 columns and 36 rows, with one footnote and is described below:(A) Row 1 is the header row with two columns and is described below:
(i) Row 1, column 1 is entitled "Section" and contains a superscript "a" to indicate footnote "a" is applicable.
(ii) Row 1, column 2 is entitled "Title."
(B) Row 2, column 1 has been combined with column two and is entitled "General."
(C) Row 3, column 1 contains the section "N1101.14." No changes have been made to this row.
(D) Row 4, column 1 has been combined with column two and is entitled "Building thermal envelope."
(E) Row 5, column 1 contains the section "N1102.1.1." No changes have been made to this row.
(F) Row 6, column 1 contains the section "N1102.1.6." No changes have been made to this row.
(G) Row 7, column 1 contains the section "N1102.2.3." No changes have been made to this row.
(H) Row 8, column 1 contains the section "N1102.2.4." No changes have been made to this row.
(I) Row 9, column 1 contains the section "N1102.2.5.1." No changes have been made to this row.
(J) Row 10, column 1 contains the section "N1102.2.10." No changes have been made to this row.
(K) Row 11, column 1 contains the section "N1102.2.11." No changes have been made to this row.
(L) Row 12, column 1 contains the section "N1102.5.1.1." No changes have been made to this row.
(M) Row 13, column 1 contains the section "N1102.5.1.2." No changes have been made to this row.
(N) Row 14, column 1 contains the section "N1102.5.1.3." No changes have been made to this row.
(O) Row 15, column 1 contains the section "N1102.5.2." No changes have been made to this row.
(P) Row 16, column 1 contains the section "N1102.5.3." No changes have been made to this row.
(Q) Row 17, column 1 contains the section "N1102.5.4." No changes have been made to this row.
(R) Row 18, column 1 contains the section "N1102.5.5." No changes have been made to this row.
(S) Row 19, column 1 contains the section "N1102.6" No changes have been made to this row.
(T) Row 20, column 1 has been combined with column two and is entitled "Mechanical."
(U) Row 21, column 1, contains the section "N1103.1." No changes have been made to this row.
(V) Row 22, column 1, contains the section "N1103.2. "No changes have been made to this row.
(W) Row 23, column 1, contains the section "N1103.3." No changes have been made to this row.
(X) Row 24, column 1, contains the section "N1103.4." No changes have been made to this row.
(Y) Row 25, column 1, contains the section "N1103.5." No changes have been made to this row.
(Z) Row 26, column 1, contains the section "N1103.6." No changes have been made to this row.
(AA) Row 27, column 1, contains the following "N1103.7, except Section N1103.7.1." No changes have been made to this row.
(BB) Row 28, column 1, contains the section "N1103.8." No changes have been made to this row.
(CC) Row 29, column 1, contains the section "N1103.9.2." No changes have been made to this row.
(DD) Row 30, column 1, contains the section "N1103.10." No changes have been made to this row.
(EE) Row 31, column 1, contains the section "N1103.11." No changes have been made to this row.
(FF) Row 32, column 1, contains the section "N1103.12." No changes have been made to this row.
(GG) Row 33, column 1, contains the section "N1103.13." No changes have been made to this row.
(HH) Row 34, column 1 has been combined with column two and is entitled "Electrical power and lighting systems."
(II) Row 35 – this row has been stricken from the table.
(JJ) Row 36 – this row has been stricken from the table.
(KK) Footnote "a" reads as follows: Reference to a code section includes all the relative subsections except as indicated in the table.
(26) Table N1105.3 Full Fuel Cycle Conversion Factors. This table has been added to provide full-fuel cycle energy conversion factors for energy consumption requirements required in Section N1105.2, Item 3. This table has been added to read: Table N1105.3 Full Fuel Cycle Conversion Factors. The table contains 2 columns and 42 rows, with three of the rows combined to indicate sub-sections within the table. The table is described as follows:
(A) Row 1 is the header row with two column headers and is described below:
(i) Row 1, column 1 is entitled "ENERGY SOURCE."
(ii) Row 1, column 2 is entitled "FCC ENERGY CONVERSION FACTOR."
(B) Row 2, column 1 has been combined with column 2 and is entitled "Fossil Fuels Delivered to Buildings."
(C) Row 3 contains the following information:
(i) Row 3, column 1 is entitled "Natural Gas."
(ii) Row 3, column 2 contains the numeral "1.092."
(D) Row 4 contains the following information:
(i) Row 4, column 1 is entitled "LPG or propane."
(ii) Row 4, column 2 contains the numeral "1.151."
(E) Row 5 contains the following information:
(i) Row 5, column 1 is entitled "Fuel oil (residual)."
(ii) Row 5, column 2 contains the numeral "1.191."
(F) Row 6 contains the following information:
(i) Row 6, column 1 is entitled "Fuel oil (distillate)."
(ii) Row 6, column 2 contains the numeral "1.158."
(G) Row 7 contains the following information:
(i) Row 7, column 1 is entitled "Coal."
(ii) Row 7, column 2 contains the numeral "1.187."
(H) Row 8 contains the following information:
(i) Row 8, column 1 is entitled "Gasoline."
(ii) Row 8, column 2 contains the numeral "1.048."
(I) Row 9 contains the following information:
(i) Row 9, column 1 is entitled "Other fuels not specified."
(ii) Row 9, column 2 contains the numeral "1.098."
(J) Row 10, column 1 has been combined with column 2 and is entitled "Electricity."
(K) Row 11 contains the following information:
(i) Row 11, column 1 is entitled "AKGD-ASCC Alaska Grid."
(ii) Row 11, column 2 contains the numeral "2.37."
(L) Row 12 contains the following information:
(i) Row 12, column 1 is entitled "AKMS-ASCC Miscellaneous."
(ii) Row 12, column 2 contains the numeral "1.82."
(M) Row 13 contains the following information:
(i) Row 13, column 1 is entitled "AZNM-WECC Southwest."
(ii) Row 13, column 2 contains the numeral "2.61."
(N) Row 14 contains the following information:
(i) Row 14, column 1 is entitled "CAMX-WECC California."
(ii) Row 14, column 2 contains the numeral "1.96."
(O) Row 15 contains the following information:
(i) Row 15, column 1 is entitled "ERCT-ERCOT All."
(ii) Row 15, column 2 contains the numeral "2.27."
(P) Row 16 contains the following information:
(i) Row 16, column 1 is entitled "FRCC-FRCC All."
(ii) Row 16, column 2 contains the numeral "2.60."
(Q) Row 17 contains the following information:
(i) Row 17, column 1 is entitled "HIMS-HICC Miscellaneous."
(ii) Row 17, column 2 contains the numeral "2.68."
(R) Row 18 contains the following information:
(i) Row 18, column 1 is entitled "HIOA-HICC Oahu."
(ii) Row 18, column 2 contains the numeral "3.20."
(S) Row 19 contains the following information:
(i) Row 19, column 1 is entitled "MROE-MRO East."
(ii) Row 19, column 2 contains the numeral "3.00."
(T) Row 20 contains the following information:
(i) Row 20, column 1 is entitled "MROW-MRO West."
(ii) Row 20, column 2 contains the numeral "2.27."
(U) Row 21 contains the following information:
(i) Row 21, column 1 is entitled "NEWE-NPCC New England."
(ii) Row 21, column 2 contains the numeral "2.40."
(V) Row 22 contains the following information:
(i) Row 22, column 1 is entitled "NWPP-WECC Northwest."
(ii) Row 22, column 2 contains the numeral "1.95."
(W) Row 23 contains the following information:
(i) Row 23, column 1 is entitled "NYCW-NPCC NYC/Westchester."
(ii) Row 23, column 2 contains the numeral "2.75."
(X) Row 24 contains the following information:
(i) Row 24, column 1 is entitled "NYLI-NPCC Long Island."
(ii) Row 24, column 2 contains the numeral "3.11."
(Y) Row 25 contains the following information:
(i) Row 25, column 1 is entitled "NYUP-NPCC Upstate NY."
(ii) Row 25, column 2 contains the numeral "2.20."
(Z) Row 26 contains the following information:
(i) Row 26, column 1 is entitled "PRMS-Puerto Rico Miscellaneous."
(ii) Row 26, column 2 contains the wording "Not Available."
(AA) Row 27 contains the following information:
(i) Row 27, column 1 is entitled "RFCE-RFC East."
(ii) Row 27, column 2 contains the numeral "2.78."
(BB) Row 28 contains the following information:
(i) Row 28, column 1 is entitled "RFCM-RFC Michigan."
(ii) Row 28, column 2 contains the numeral "2.63."
(CC) Row 29 contains the following information:
(i) Row 29, column 1 is entitled "RFCM-RFC West."
(ii) Row 29, column 2 contains the numeral "2.89."
(DD) Row 30 contains the following information:
(i) Row 30, column 1 is entitled "RMPA-WECC Rockies."
(ii) Row 30, column 2 contains the numeral "2.40."
(EE) Row 31 contains the following information:
(i) Row 31, column 1 is entitled "SPNO-SPP North."
(ii) Row 31, column 2 contains the numeral "2.41."
(FF) Row 32 contains the following information:
(i) Row 32, column 1 is entitled "SPSO-SPP South."
(ii) Row 32, column 2 contains the numeral "2.89."
(GG) Row 33 contains the following information:
(i) Row 33, column 1 is entitled "SRMV-SERC Mississippi Valley."
(ii) Row 33, column 2 contains the numeral "2.71."
(HH) Row 34 contains the following information:
(i) Row 34, column 1 is entitled "SRMW-SERC Midwest."
(ii) Row 34, column 2 contains the numeral "2.82."
(II) Row 35 contains the following information:
(i) Row 35, column 1 is entitled "SRSO-SERC South."
(ii) Row 35, column 2 contains the numeral "2.70."
(JJ) Row 36 contains the following information:
(i) Row 36, column 1 is entitled "SRTV-SERC Tennessee Valley."
(ii) Row 36, column 2 contains the numeral "2.90."
(KK) Row 37 contains the following information:
(i) Row 37, column 1 is entitled "SRVC-SERC Virginia/Carolina."
(ii) Row 37, column 2 contains the numeral "2.82."
(LL) Row 38 contains the following information:
(i) Row 38, column 1 is entitled "All other electricity."
(ii) Row 38, column 2 contains the numeral "2.55."
(MM) Row 39 column 1 has been combined with column 2 and is entitled "Thermal Energy."
(NN) Row 40 contains the following information:
(i) Row 40, column 1 is entitled "Chilled water."
(ii) Row 40, column 2 contains the numeral "0.60."
(OO) Row 41 contains the following information:
(i) Row 41, column 1 is entitled "Steam."
(ii) Row 41, column 2 contains the numeral "1.84."
(PP) Row 42 contains the following information:
(i) Row 42, column 1 is entitled "Hot Water."
(ii) Row 42, column 2 contains the numeral "1.73."
(27) Section N1105.4.3 (R405.4.3) Input values. This section has been modified to remove a reference to section N1104. This section has been modified to read: N1105.4.3 (R405.4.3 Input values. When calculations require input values not specified by Section N1102, N1103 and N1105, those input values shall be taken from an approved source.(28) Section N1105.5.4.1 (R405.5.4.1) Compliance report for permit application where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1105.5.4.1 (R405.5.4.1) Compliance report for permit application where required by the authority having jurisdiction. A compliance report generated for submission with the application for building permit shall include the following:
(A) Item 1. Building street address or other building site identification.
(B) Item 2. The name of the individual performing the analysis and generating the compliance report.
(C) Item 3. The name and version of the compliance software tool.
(D) Item 4. Documentation of all inputs to the software used to produce the results for the standard reference design and the proposed design.
(E) Item 5. A certificate indicating that the proposed design complies with Section N1105.2. The certificate shall document the building components' energy specifications that are included in the calculation including: component-level insulation R-values or U-factors; duct system and building thermal envelope air leakage testing assumptions; and the type and rated efficiencies of proposed heating, cooling, mechanical ventilation and service water-heating equipment to be installed. Where on-site renewable energy systems will be installed, the certificate shall report the type and production size of the proposed system.
(F) Item 6. Where a site-specific report is not generated, the proposed design shall be based on the worst-case orientation and configuration of the rated dwelling unit.
(29) Section N1105.5.4.2 (R405.5.4.2) Compliance report for certificate of occupancy where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1105.5.4.2 (R405.5.4.2) Compliance report for certificate of occupancy where required by the authority having jurisdiction. A compliance report generated for submission prior to obtaining the certificate of occupancy shall include the following:
(A) Item 1. Building street address or other building site identification.
(B) Item 2. Declaration of the simulated building performance path on the title page of the energy report and the title page of the building plans.
(C) Item 3. A statement, bearing the name of the individual performing the analysis and generating the report, indicating that the as-built building complies with Section N1105.2.
(D) Item 4. The name and version of the compliance software tool.
(E) Item 5. A site-specific energy analysis report that is in compliance with the requirements of Section N1105.4, where all inputs for the proposed design have been replaced in the simulation with confirmed energy features of the as-built dwelling unit.
(F) Item 6. A final confirmed certificate indicating compliance based on inspection, and a statement indicating that the as-built building complies with Section N1105.2. The certificate shall report the energy features that were confirmed to be in the building, including component-level insulation R-values or U-factors; results from any required duct system and building thermal envelope air leakage testing; and the type and rated efficiencies of the heating, cooling, mechanical ventilation and service water-heating equipment installed.
(G) Item 7. When on-site renewable energy systems have been installed, the certificate shall report the type and production size of the installed system.
(30) Section N1106.1 (R406.1) Scope. This section has been modified to remove a reference to section N1104. This section has been modified to read: N1106.1 (R406.1) Scope. This section establishes criteria for compliance using an Energy Rating Index (ERI) analysis. Such analysis shall be limited to dwelling units. Spaces other than dwelling units in Group R-2, R-3, or R-4 buildings shall comply with Sections N1102 and N1103.
(31) Table N1106.2 (R406.2) Requirements for Energy Rating Index. This table has been modified to remove references to Section N1104. This table has been modified to read: Table N1106.2 (R406.2) Requirements for Energy Rating Index. The table contains 2 columns and 35 rows, with one footnote and is described below:
(A) Row 1 is the header row with two columns and is described below:
(i) Row 1, column 1 is entitled "Section" and contains a superscript "a" to indicate footnote "a" is applicable.
(ii) Row 1, column 2 is entitled "Title."
(B) Row 2, column 1 has been combined with column two and is entitled "General."
(C) Row 3, column 1 contains the section "N1101.14." No changes have been made to this row.
(D) Row 4, column 1 has been combined with column two and is entitled "Building thermal envelope."
(E) Row 5, column 1 contains the section "N1102.1.1." No changes have been made to this row.
(F) Row 6, column 1 contains the section "N1102.1.6." No changes have been made to this row.
(G) Row 7, column 1 contains the section "N1102.2.4." No changes have been made to this row.
(H) Row 8, column 1 contains the section "N1102.2.5.1." No changes have been made to this row.
(I) Row 9, column 1 contains the section "N1102.2.10." No changes have been made to this row.
(J) Row 10, column 1 contains the section "N1102.2.11." No changes have been made to this row.
(K) Row 11, column 1 contains the section "N1102.5.1.1." No changes have been made to this row.
(L) Row 12, column 1 contains the section "N1102.5.1.2." No changes have been made to this row.
(M) Row 13, column 1 contains the section "N1102.5.1.3." No changes have been made to this row.
(N) Row 14, column 1 contains the section "N1102.5.2." No changes have been made to this row.
(O) Row 15, column 1 contains the section "N1102.5.3." No changes have been made to this row.
(P) Row 16, column 1 contains the section "N1102.5.4." No changes have been made to this row.
(Q) Row 17, column 1 contains the section "N1102.5.5." No changes have been made to this row.
(R) Row 18, column 1 contains the section "N1102.6.3." No changes have been made to this row.
(S) Row 19, column 1 has been combined with column two and is entitled "Mechanical."
(T) Row 20, column 1, contains the section "N1103.1." No changes have been made to this row.
(U) Row 21, column 1, contains the section "N1103.2. "No changes have been made to this row.
(V) Row 22, column 1, contains the section "N1103.3." No changes have been made to this row.
(W) Row 23, column 1, contains the section "N1103.4." No changes have been made to this row.
(X) Row 24, column 1, contains the section "N1103.5." No changes have been made to this row.
(Y) Row 25, column 1, contains the section "N1103.6." No changes have been made to this row.
(Z) Row 26, column 1, contains the following "N1103.7, except Section N1103.7.1." No changes have been made to this row.
(AA) Row 27, column 1, contains the section "N1103.8." No changes have been made to this row.
(BB) Row 28, column 1, contains the section "N1103.9.2." No changes have been made to this row.
(CC) Row 29, column 1, contains the section "N1103.10." No changes have been made to this row.
(DD) Row 30, column 1, contains the section "N1103.11." No changes have been made to this row.
(EE) Row 31, column 1, contains the section "N1103.12." No changes have been made to this row.
(FF) Row 32, column 1, contains the section "N1103.13." No changes have been made to this row.
(GG) Row 33, column 1 has been combined with column two and is entitled "Electrical power and lighting systems."
(HH) Row 34 – this row has been stricken from the table.
(II) Row 35 – this row has been stricken from the table.
(JJ) Footnote "a" reads as follows: "Reference to a code section includes all the relative subsections except as indicated in the table."
(A) Row 1: Is the header row and is described below:
(i) Row 1, column 1 header is entitled "Climate Zone."
(ii) Row 1, column 2 header is entitled "Energy Rating Index Not Including OOP." with a superscript "a" to indicate footnote "a" is applicable
(iii) Row 1, column 3 header is entitled "Energy Rating Index With OOP."
(B) Row 2, column 1, contains the number "1." No changes have been made to this row.
(C) Row 3, column 1, contains the number "2." No changes have been made to this row.
(D) Row 4 has been modified and is described below:
(i) Row 4, column 1, contains the number "3."
(ii) Row 4, column 2, contains the number "64 58."
(iii) Row 4, column 3, contains the number "41."
(E) Row 5, column 1, contains the number "4." and is described below: No changes have been made to this row.
(i) Row 4, column 1, contains the number "4."
(ii) Row 4, column 2, contains the number "58."
(iii) Row 4, column 3, contains the number "41."
(F) Row 6, column 1, contains the number "5." No changes have been made to this row.
(G) Row 7, column 1, contains the number "6." No changes have been made to this row.
(H) Row 8, column 1, contains the number "7." No changes have been made to this row.
(I) Row 9, column 1, contains the number "8." No changes have been made to this row.
(33) Section N1106.7.2.1 (R406.7.2.1) Proposed compliance report for permit application where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1106.7.2.1 (R406.7.2.1) Proposed compliance report for permit application where required by the authority having jurisdiction. Compliance reports submitted with the application for a building permit shall include the following:
(A) Item 1. Building street address, or other building site identification.
(B) Item 2. Declare ERI on title page of building plans.
(C) Item 3. The name of the individual performing the analysis and generating the compliance report.
(D) Item 4. The name and version of the compliance software tool.
(E) Item 5. Documentation of all inputs entered into the software used to produce the results for the ERI referenced design and the rated design.
(F) Item 6. A certificate indicating that the proposed design has an ERI less than or equal to the appropriate score indicated in Table N1106.5 when compared to the ERI reference design. The certificate shall document the building component energy specifications that are included in the calculation, including: component level insulation R-values or U-factors; assumed duct system and building thermal envelope air leakage testing results; and the type and rated efficiencies of proposed heating, cooling, mechanical ventilation and service water-heating equipment to be installed. Where on-site renewable energy systems will be installed, the certificate shall report the type and production size of the proposed system.
(G) Item 7. When a site-specific report is not generated the proposed design shall be based on a worst-case orientation and configuration of the rated dwelling unit.
(34) Section N1106.7.2.2 (R406.7.2.2) Confirmed compliance report for a certificate of occupancy where required by the authority having jurisdiction. This section has been amended to add language to the heading to clarify it is required only if the authority having jurisdiction has adopted the section. This section has been modified to read: N1106.7.2.2 (R406.7.2.2) Confirmed compliance report for a certificate of occupancy where required by the authority having jurisdiction. A confirmed compliance report submitted for obtaining the certificate of occupancy shall be made site and address specific and include the following:
(A) Item 1. Building street address or other building site identification.
(B) Item 2. Declaration of ERI on the title page and on the building plans.
(C) item 3. The name of the individual performing the analysis and generating the report.
(D) Item 4. The name and version of the compliance software tool.
(E) Item 5. Documentation of all inputs entered into the software used to produce the results for the ERI reference design and the as-built dwelling unit.
(F) Item 6. A final confirmed certificate indicating that the as-built building complies with Sections N1106.2, N1106.4 and 1106.5. The certificate shall report the energy features that were confirmed to be in the building, including: component-level insulation R-values or U-factors; results from any required duct system and building thermal envelope air leakage testing; and the type and rated efficiencies of the heating, cooling, mechanical ventilation, and service water-heating equipment installed. Where on-site renewable energy systems have been installed on or in the building, the certificate shall report the type and production size of the installed system.
(35) Section N1106.7.3 (R406.7.3 Renewable energy certificate (REC) documentation. This section has been stricken from the code.
(36) Section N1106.7.6 Input values. This section has been modified to remove a reference to Section N1104. This section has been modified to read: N1106.7.6 (R406.7.6) Input values. Where calculations require input values not specified by Sections N1102, N1103 and N1105, those input values shall be taken from ANSI/RESNET/ICC-301.
(37) Section N1107.2 (R407.2) Tropical climate region. This section has been modified to remove a reference to section N1104. This section has been modified to read: N1107.2 (R407.2) Tropical climate region. Compliance with this section requires the following:
(A) Item 1. Not more than one-half of the occupied space is air conditioned.
(B) Item 2. The occupied space is not heated.
(C) Item 3. Solar, wind or other renewable energy source supplies not less than 80 percent of the energy for service water heating.
(D) Item 4. Glazing in conditioned spaces has a solar heat gain coefficient (SHGC) of less than or equal to 0.40, or has an overhang with a projection factor equal to or greater than 0.30.
(E) Item 5. This item has been stricken from the code.
(F) Item 6. The exterior low slope roof surface complies with one of the options in Table N1107.2 or the roof or ceiling has insulation with an R-value of R-15 or greater. Where attics are present, attics above the insulation are vented and attics below the insulation are unvented.
(G) Item 7. Roof surfaces have a slope of not less than 1/4 unit vertical in 12 units horizontal (2 percent slope). The finished roof does not have water accumulation areas.
(H) Item 8. Operable fenestration provides a ventilation area of not less than 14 percent of the floor area in each room. Alternatively, equivalent ventilation is provided by a ventilation fan.
(I) Item 9. Bedrooms with exterior walls facing two different directions have operable fenestration on exterior walls facing two directions.
(J) Item 10. Interior doors to bedrooms are capable of being secured in the open position.
(J) Item 11. A ceiling fan or ceiling fan rough-in is provided for bedrooms and the largest space that is not used as a bedroom.
(38) Section 1108 (R408) Additional Efficiency Requirements. This section, including all subsections, tables and equations (1108.1 through 1108.2.11) has been stricken from the code.
(39) Section N1110.2.4 (R502.2.4) Lighting. This section has been stricken from the code.
(40) Section N1110.2.5 (R502.2.5) Additional efficiency credit requirements for additions. This section has been stricken from the code.
(41) Section N1111.1.4 (R503.1.4 Lighting. This section has been stricken from the code.
(42) Section N1111.5 (R503.5) Additional efficiency credit requirements for substantial improvements. This section has been stricken from the code.
748:20-6-18. IRC® 2024 Chapter 13 General Mechanical System Requirements [NEW]
Chapter 13 of the 2024 IRC® is adopted with the following modifications:
(1) Section M1302.2.2 Piping in other locations. This section has been modified to change the clearance distance from 1 1/4 inches to 1 1/2 inches for pipes to match modifications made in other codes adopted by the OUBCC. This section has been modified to read: M1302.2.2 Piping in other locations. Where piping is located within a framing member and is less than 1 1/2 inches (38 mm) from the framing member face to which wall, ceiling or floor membranes will be attached, the piping shall be protected by shield plates that cover the width and length of the piping. Where piping is located outside of a framing member and is located less than 1 1/2 inches (38 mm) from the nearest edge of the face of the framing member to which the membrane will be attached, the piping shall be protected by shield plates that cover the width and length of the piping.
(2) Section M1308.2.1 Piping through bored holes or notches. This section has been modified to change the clearance distance from 1 1/4 inches to 1 1/2 inches for pipes to match modifications made in other codes adopted by the OUBCC. This section has been modified to read: M1308.2.1 Piping through bored holes or notches. Where piping is installed through holes or notches in framing members and is located less than 1 1/2 inches (38 mm) from the framing member face to which wall, ceiling or floor membranes will be attached, the pipe shall be protected by shield plates that cover the width of the pipe and the framing member that extend 2 inches (51 mm) to each side of the framing member. Where the framing member that the pipe passes through is a bottom plate, bottom track, top plate or top track the shield plates shall cover the framing member and extend 2 inches (51 mm) above the bottom framing member and 2 inches (51 mm) below the top framing member.
748:20-6-19. IRC® 20182024 Chapter 14 Heating and Cooling Equipment and Appliances [AMENDED]
Chapter 14 of the 2018 2024 IRC® is adopted with the following modifications:
(1) Section M1411.2 Refrigeration system listing. This section has been modified to add a reference to Oklahoma statutory language in Title 59, Section 1000.30, related to the use of refrigerants. This section has been modified to read: M1411.2 Refrigeration system listing. Refrigeration systems using Group A2L refrigerants shall be listed and labeled to UL/CSA 60335-2-40. Refrigeration systems using Group A1 refrigerants shall be listed to UL/CSA 60335-2-40 or UL 1995. Refrigerants designated as acceptable for use pursuant to and in accordance with 42 U.S.C. 7671K, provided any equipment containing such refrigerants is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation shall be allowed per 59 O.S. 1000.30. The equipment shall be installed in accordance with the listing.
(2) Section M1411.5 Signs and identification. This section has been modified to remove the requirement for the system refrigerant charge and the refrigerant number to be indicated on a marked label provided by the equipment manufacturer for refrigeration systems using Group A2L refrigerant. This section has been modified to read: Signs and identification. Each refrigeration system using Group A2L refrigerant shall have the following information legibly and permanently indicated on a markable label provided by the equipment manufacturer: Contact information of the responsible company that installed the refrigeration system.
(3) Section M1411.8 Refrigeration coils in warm-air furnaces. This section has been modified to require an existing furnace to be compatible with A2L safety controls as provided by the equipment manufacturer or the listed and labeled components to provide shutdown in the event of a refrigerant leak or an alternate approved methodology. This section has been modified to read: M1411.8 Refrigeration coils in warm-air furnaces. Where a cooling coil is located in the supply plenum of a warm-air furnace, the furnace blower shall be rated at not less than 0.5-inch water column (124 Pa) static pressure unless the furnace is listed and labeled for use with a cooling coil. Cooling coils shall not be located upstream from heat exchangers unless listed and labeled for such use. Conversion of existing furnaces for use with cooling coils shall be permitted provided that the furnace will operate within the temperature rise specified for the furnace. The existing furnace must be compatible with the A2L safety controls as provided by the equipment manufacturer or listed and labeled components to provide shutdown in the event of refrigerant leak or alternate approved methodology.
(4) Section M1411.9 Condensate disposal. This section has been modified to allow condensate drains to terminate to an approved pit or French drain. This section has been modified to read: M1411.9 Condensate disposal. Condensate from cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Such piping shall maintain a minimum horizontal slope in the direction of discharge of not less than 1/8 unit vertical in 12 units horizontal (1-percent slope). Condensate drains shall be allowed to terminate to an approved pit or French drain consisting of a minimum of 24 inches by 24 inches by 24 inches (610 mm by 610 mm by 610 mm), or equivalent; of 1 inch (25 mm) washed rock. Condensate shall not discharge into a street, alley or other areas so as to cause a nuisance.
(5) Section M1411.9.1.1 Water-level monitoring devices. This section has been modified to add an exception for when the section shall not apply. This section has been modified to read: M1411.9.1.1 Water-level monitoring devices. On down-flow units and all other coils that do not have a secondary drain or provisions to install a secondary or auxiliary drain pan, a water-level monitoring device shall be installed inside the primary drain pan. This device shall shut off the equipment served in the event that the primary drain becomes restricted. Devices installed in the drain line shall not be permitted. Exception: This section shall not apply to appliances installed in areas outside on the ground or elevated structure where condensate overflow will not damage building components or contents.
748:20-6-20. IRC® 2024 Chapter 15 Exhaust Systems [AMENDED]
Chapter 15 of the 2018 2024 IRC® is adopted with the following modifications modification: (1) Section M1502.3 Duct termination. This section has been modified to add requirements for the exhaust duct terminate a minimum of 12 inches (305 mm) above the ground or any obstructions; terminate at least 3 feet (914 mm) from any condensing unit; and exempts existing dryer terminations. This section has been modified to read: M1502.3 Duct termination. Exhaust ducts shall terminate on the outside of the building. Exhaust duct terminations shall be in accordance with the dryer manufacturer's installation instructions. If the manufacturer's instructions do not specify a termination location, the exhaust duct shall terminate not less than 3 feet (914 mm) in any direction from the openings into buildings including openings into ventilated soffits, and not nor less than 12 inches from finished ground level or other obstacles obstruction. Exhaust duct terminations shall be equipped with a backdraft damper. Additionally, exhaust shall not terminate within 3 feet (914 mm) of condensing units and a minimum 12 inches (305 mm) from the ground or any obstruction. Screens shall not be installed at the duct termination. Existing dryer terminations shall be exempt.
748:20-6-21. IRC® 20182024 Chapter 16 Duct Systems [AMENDED]
Chapter 16 of the 2018 2024 IRC® is adopted with the following modifications:
(1) Table M1601.1.1 Duct construction minimum sheet metal thickness for single dwelling units has been stricken from the code and replaced with a newly created table with the same table heading. The newly created table contains three rows and three columns and a footnote. The newly created table is described below:
(A) Row 1 is the header row and contains three columns, one of which is divided into two sub-rows as described below:
(i) Row 1, column 1 header is entitled "Duct Size"
(ii) Row 1, column 2 header is entitled "Galvanized" and contains two sub-rows:
(I) Row 1, column 2, sub-column 1 header is entitled "Minimum thickness (inches)."
(II) Row 1, column 2, sub-column 2 header is entitled "Equivalent Galvanized Gage No."
(iii) Row 1, column 3 is entitled "Approximate Aluminum B and S Gage."
(B) Row 2 contains 2 sub-rows with the following information listed:
(i) Row 2, sub-row 1, column 1 contains the wording "Round ducts and enclosed rectangular ducts 14 inches or less."
(ii) Row 2, sub-row 1, column 2 contains the following numbers in each sub-column:
(I) Row 2, sub-row 1, column 2, sub-column 1 contains the number "0.013."
(II) Row 2, sub-row 1, column 2, sub-column 2 contains the number "30."
(iii) Row 2, sub-row 1, column 3, contains the number "26."
(iv) Row 2, sub-row 2, column 1 contains the wording "Round ducts and enclosed rectangular ducts over 14 inches."
(v) Row 2, sub-row 2, column 2 contains the following numbers in each sub-column:
(I) Row 2, sub-row 2, column 2, sub-column 1 contains the number"0.016."
(II) Row 2, sub-row 2, column 2, sub-column 2 contains the number "28."
(vi) Row 2, sub-row 2, column 3 contains the number "24."
(C) Row 3 contains two sub-rows with the following information listed:
(i) Row 3, sub-row 1, column 1 contains the wording "Exposed rectangular ducts 14 inches or less."
(ii) Row 3, sub-row 1, column 2 contains the following numbers in each sub-column:
(I) Row 3, sub-row 1, column 2, sub-column 1 contains the number "0.016."
(II) Row 3, sub-row 1, column 2, sub-column 2 contains the number "28."
(iii) Row 3, sub-row 1, column 3, contains the number "24."
(iv) Row 3, sub-row 2, column 1 contains the wording "Exposed rectangular ducts over 14 inches."
(v) Row 3, sub-row 2, column 2 contains the following numbers in each sub-column:
(I) Row 3, sub-row 2, column 2, sub-column 1 contains the number"0.019."
(II) Row 3, sub-row 2, column 2, sub-column 2 contains the number "26."
(vi) Row 3, sub-row 2, column 3 contains the number "22."
(D) Between the end of the table and Footnote "a" is the wording "For SI: 1 inch is equal to 25.4 mm."
(E) Footnote "a" has been added to read: "a. Ductwork that exceeds 20 inches by dimension or exceeds a pressure of 1-inch water gage (250 pa) shall be constructed in accordance with SMACNA HVAC Duct Construction Standards Metal and Flexible."
(2) Section M1601.4.1 Joints, seams, and connections. This section has been modified to add a fourth exception for duct systems with sheet metal plenums, Y's and supply boots with liquid applied sealants. This section has been modified to read: M1601.4.1 Joints, seams and connections.
(A) Longitudinal and transverse joints, seams and connections in metallic and nonmetallic ducts shall be constructed as specified in SMACNA HVAC Duct Construction Standards-Metal and Flexible and NAIMA Fibrous Glass Duct Construction Standards. Joints, longitudinal and transverse seams, and connection in ductwork shall be securely fastened and sealed with welds, gaskets, mastics (adhesive), mastic-plus- embedded-fabric systems, liquid sealants or tapes. Tapes and mastics used to seal fibrous glass ductwork shall be listed and labeled in accordance with UL 181A and shall be marked "181A-P" for pressure-sensitive tape, "181 A-M" for mastic or "181 A-H" for heat sensitive tape.
(B) Tapes and mastics used to seal metallic and flexible air ducts and flexible air connectors shall comply with UL 181B and shall be marked "181 B-FX" for pressure- sensitive tape or "181 BM" for mastic. Duct connections to flanges of air distribution system equipment shall be sealed and mechanically fastened. Mechanical fasteners for use with flexible nonmetallic air ducts shall comply with UL 181B and shall be marked 181B-C. Crimps joints for round metallic ducts shall have a contact lap of not less than 1 inch (25 mm) and shall be mechanically fastened by means of not less than three sheet- metal screws or rivets equally spaced around the joint.
(C) Closure systems used to seal all ductwork shall be installed in accordance with the manufacturers' instructions.
(D) Exceptions:
(i) Exception 1: Spray polyurethane foam shall be permitted to be applied without additional joint seals.
(ii) Exception 2: Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.
(iii) Exception 3: For ducts having a static pressure classification of less than 2 inches of water column (500 Pa), additional closure systems shall not be required for continuously welded joints and seams and locking-type joints and seams. This exception shall not apply to snap-lock and button-lock type joints and seams that are located outside of conditioned space.
(iv) Exception 4: For duct systems with sheet metal plenums, Y's and supply boots, only liquid applied sealants complying with UL 181 BM (Mastic or similar) or equivalent method, shall be used to seal inner liners and start collars to plenum and any other seams in system.
748:20-6-24. IRC® 2018 Chapter 19 Special Appliances, Equipment and Systems [REVOKED]
748:20-6-28. IRC® 20182024 Chapter 23 Solar Thermal Energy Systems [AMENDED]
Chapter 23 of the IRC® 2018 2024 is adopted with the following modification: Section M2301.2.2.1 Roof-mounted collectors. This section has been modified to add a requirement for a mechanical means of disconnect to be installed on piping to allow for the disconnecting and removal of collectors to service or replace the roof. This section has been modified to read: M2301.2.21 M2301.2.2.1 Roof-mounted collectors. The roof shall be constructed to support the loads imposed by roof-mounted solar collectors. Roof-mounted solar collectors that serve as a roof covering shall conform to the requirements for roof coverings in Chapter 9 of this code. Where mounted on or above the roof coverings, the collectors and supporting structure shall be constructed on noncombustible materials or fire-retardant-treated wood equivalent to that required for roof construction. A mechanical means of disconnect shall be installed on piping to allow the disconnecting and removal of collectors for service or replacement of the roof.
748:20-6-29. IRC® 20182024 Chapter 24 Fuel Gas [AMENDED]
Chapter 24 is of the IRC® 2018 2024 adopted with the following modification modifications:
(1) Section G2415.12 Minimum burial depth. This section has been modified to require all underground piping systems to be installed a minimum of 18 inches below grade. This section has been revised to read: G2415.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457.5 mm) below grade, except as provided for in Section G2415.12.1.
(2) G2415.17.1 (404.17.1) Limitations. This section has been modified to add plastic composite piping (where listed and labeled) to the list of piping that can be installed outdoors underground only. This section has been modified to read: G2415.17.1 Limitations. Plastic pipe and plastic composite piping (where listed and labeled) shall be installed outdoors underground only. Plastic pipe shall not be used within or under any building or slab or be operated at pressures greater than 100 psig (689 kPa) for natural gas or 30 psig (207 kPa) for LP-gas. Exceptions:
(A) Exception 1. Plastic pipe shall be permitted to terminate above ground outside of buildings where installed in premanufactured anodeless risers or service head adapter risers that are installed in accordance with the manufacturer's instructions.
(B) Exception 2. Plastic pipe shall be permitted to terminate with a wall head adapter within buildings where the plastic pipe is inserted in a piping material for fuel gas use in buildings.
(C) Exception 3. Plastic pipe shall be permitted under outdoor patio, walkway and driveway slaps provided that the burial depth complies with Section G2415.12.
748:20-6-30. IRC® 20182024 Chapter 25 Plumbing Administration [AMENDED]
Chapter 25 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section P2503.4 Building sewer testing. This section has been modified to clarify that the building sewer test is only necessary when the local authority having jurisdiction requires the testing to be done and to change the building sewer test height requirement from a 10-foot high test to a 5-foot high test. This section has been modified to read: P2503.4 Building sewer testing.
(A) Item 1: Where required by local authority having jurisdiction, the building sewer shall be tested by insertion of a test plug at the point of connection with the public sewer, filling the building sewer with water and pressurizing the sewer to not less than 5-foot (1524 mm) head of water. The test pressure shall not decrease during a period of not less than 15 minutes. The building sewer shall be watertight at all points.
(B) Item 2: A forced sewer test shall consist of pressuring the piping to a pressure of not less than 5 psi (34.5 kPa) greater than the pump rating and maintaining such pressure for not less than 15 minutes. The forced sewer shall be watertight at all points.
(2) Section P2503.7 Water-supply system testing. This section has been modified to delete the word "plastic" and replace it with the terms "PVC" and "CPVC." This section has been modified to read: P2503.7 Water-supply system testing. Upon completion of the water-supply system or a section of it, the system or portion completed shall be tested and proved tight under a water pressure of not less than the working pressure of the system or, for piping systems other than PVC or CPVC, by an air test of not less than 50 psi (345 kPa). This pressure shall be held for not less than 15 minutes. The water used for tests shall be obtained from a potable water source. Exception: For PEX piping systems, testing with compressed gas shall be an alternative to hydrostatic testing where compressed air or other gas pressure testing is specifically authorized by the manufacturer's instructions for the PEX pipe and fittings products installed at the time the system is being tested, and compressed air or the gas testing is not otherwise prohibited by applicable codes, laws or regulations outside of this code.
748:20-6-31. IRC® 20182024 Chapter 26 General Plumbing Requirements [AMENDED]
Chapter 26 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section P2603.2.1 Protection against physical damage. This section has been modified to change the installation sizing requirement of the holes or notches in studs, joists, rafters or similar members for piping other than cast-iron or galvanized steel from "1 1/4 inches (32 mm)" to "1 1/2 inches (38 mm)." This section has been modified to read: P2603.2.1 Protection against physical damage. In concealed locations, where piping, other than cast- iron or galvanized steel, is installed through holes or notches in studs, joists, rafters or similar members less than 1 1/2 inches (38 mm) from the nearest edge of the member, the pipe shall be protected by steel shield plates. Such shield plates shall have a thickness of not less than 0.0575 inch (1.463mm) (No. 16 Gage). Such plates shall cover the area of the pipe where the member is notched or bored and shall extend not less than 2inches (51 mm) above sole plates and below top plates.
(2) Section P2603.4 Pipes through foundation walls. This section has been modified to add a requirement for the relieving arch or pipe sleeve to comply with the materials and standards listed in Table 3002.1(2). This section has been modified to read: P2603.4 Pipes through foundation walls. A pipe that passes through a foundation wall shall be provided with a relieving arch, or a pipe sleeve shall be built into the foundation wall. The relieving arch or pipe sleeve shall conform to one of the materials and standards listed in Table P3002.1(2). The sleeve shall be two pipe sizes greater than the pipe passing through the wall.
(3) Section P2603.5.1 Sewer depth. This section has been modified to include a depth for the septic tank connection unless otherwise approved by the authority having Jurisdiction. This section has been modified to read: P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be not less than 12 inches (305 mm) or as approved by the authority having jurisdiction below finished grade at the point of septic tank connection. Building sewers shall be not less than 12 inches (305 mm) below grade.
748:20-6-32. IRC® 20182024 Chapter 27 Plumbing Fixtures [AMENDED]
Chapter 27 of the IRC® 2018 2024 is adopted with the following modifications:
(3) Section P2715.1 Laundry tray waste outlet. This section has been modified to replace the word "tub" with the word "tray" in the section heading and section language. This section has been modified to read: P2715.1 Laundry tray waste outlet. Each compartment of a laundry tray shall be provided with a waste outlet not less than 1 1/2 inches (38 mm) in diameter and a strainer or crossbar to restrict the clear opening of the waste outlet.
(1) Section P2705.1 General. This section has been modified to add a ninth requirement for fixtures to conform to that specifies vanity countertops are permitted to extend a specific length into the water closet floor space and clarify where partitions or other obstructions do not separate adjacent water closets, urinals or bidets, those fixtures shall not be set closer than 30 inches center to center between adjacent water closets, urinals or bidets. This section has been modified to read: P2705.1 General. The installation of fixtures shall conform to the following:
(A) Item 1: Floor-outlet or floor-mounted fixtures shall be secured to the drainage connection and to the floor, where so designed, by screws, bolts, washers, nuts and similar fasteners of copper, copper alloy, or other corrosion-resistant material.
(B) Item 2: Wall-hung fixtures shall be rigidly supported so that the strain is not transmitted to the plumbing system.
(C) Item 3: Where fixtures come into contact with walls and floors, the contact area shall be watertight.
(D) Item 4: Plumbing fixtures shall be usable.
(E) Item 5: Water closets, urinals, lavatories, and bidets. A water closet, urinal, lavatory or bidet shall not be set closer than 15 inches (381 mm) from its center to any side wall, partition, or vanity or other obstruction. Where partitions or other obstructions do not separate adjacent water closets, urinals or bidets, these fixtures shall not be set closer than 30 inches (762 mm) center-to-center between adjacent fixtures water closets, urinals, or bidets. There shall be a clearance of not less than 21 inches (533 mm) in front of a water closet, urinal, lavatory or bidet to any wall, fixture, or door.
(F) Item 6: The location of piping, fixtures or equipment shall not interfere with the operation of windows or doors.
(G) Item 7: In flood hazard areas as established by Table R301.2(1), plumbing fixtures shall be located or installed in accordance with Section R322.1.6 R306.1.6.
(H) Item 8: Integral fixture-fitting mounting surfaces on manufactured plumbing fixtures or plumbing fixtures constructed on site, shall meet the design requirements of ASME A112.19.1/CSA B41.1 B45.1 or ASME A112.19.3/CSA B45.4.
(I) Item 9: Vanity countertops shall be permitted to extend a maximum of 1.5 inches (38.1 mm) into the water closet floor space.
(2) Section P2709.2 Lining required. This section has been modified to clarify it is only effective where required by the authority having jurisdiction and to change the distance the lining material must extend from 2 inches to 3 inches (51 mm to 76 mm). This section has been modified to read: P2709.2 Lining required.
(A) Where required by the authority having jurisdiction, the adjoining walls and floor framing enclosed on-site built-up shower receptors shall be lined with one of the following materials:
(i) Item 1: Sheet lead.
(ii) Item 2: Sheet copper.
(iii) Item 3: Plastic liner material complies with ASTM D 4068 or ASTM D 4551.
(iv) Item 4: Hot mopping in accordance with Section P2709.2.3.
(v) Item 5: Sheet-applied load bearing, bonded waterproof membranes that comply with ANSI A118.10.
(B) The lining material shall extend not less than than 3 2 inches (7651 mm) beyond or around the rough jambs and not less than 3 2 inches (7651 mm) above finished thresholds. Sheet-applied load bearing, bonded waterproof membranes shall be applied in accordance with the manufacturer's installation instructions.
748:20-6-33. IRC® 20182024 Chapter 28 Water Heaters [AMENDED]
Chapter 28 of the IRC® 2018 2024 is adopted with the following modification modifications:
(1) Section P2801.6.1 Stands and/or platforms. This section has been added to improve public safety by preventing unsafe, makeshift stands for water heaters. This section has been added to read: P2801.6.1 Stands and/or platforms. Where water heaters are required to be elevated, they shall be placed on a stand or platform that is structurally appropriate for the intended load of the water heater and its contents.
(2) Section P2802.3 Solar water heater panels means of disconnect, has been added to specify when solar water heater panels are installed on a roof, a union will be installed on all piping entering and exiting the solar panel to allow for a mechanical means of disconnect for service or replacement of the roof. This section has been added to read: P2802.3 Solar Water heater panels means of disconnect. When solar water heater panels are installed on the roof, a union shall be installed on all piping entering and exiting the solar panel to allow a mechanical means of disconnect for service or replacement of the roof.748:20-6-34. IRC® 20182024 Chapter 29 Water Supply and Distribution [AMENDED]
Chapter 29 of the IRC® 2018 2024 is adopted with the following modifications:
(A) Item 1: Attics, crawl spaces and normally unoccupied concealed spaces that do not contain fuel-fired appliances do not require sprinklers. In attics, crawl spaces and normally unoccupied concealed spaces that contain fuel-fired equipment, a sprinkler shall be installed above the equipment; however, sprinklers shall not be required in the remainder of the space.
(B) Item 2: Clothes closets, linen closets, and pantries not exceeding 24 square feet (2.2 meters squared) in area with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling surfaces of gypsum board.
(C) Item 3: Bathrooms not more than 55 square feet (5.1 square meters) in area.
(D) Item 4: Garages; carports; exterior porches; unheated entry areas, such as mud rooms, that are adjacent to an exterior door and similar spaces.
(E) Exception: An automatic fire sprinkler system shall not be required when a two-hour fire-resistance rated wall is installed between dwelling units.
748:20-6-35. IRC® 20182024 Chapter 30 Sanitary Drainage [AMENDED]
Chapter 30 of the IRC® 2018 2024 is adopted with the following modifications:
(1) Section P3003.2 Prohibited joints. This section has been modified to include an exception for "Saddle-type" fittings. This section has been modified to read: P3003.2 Prohibited joints. Running threads and bands shall not be used in the drainage system. Drainage and vent piping shall not be drilled, tapped, burned, or welded. The following types of joints and connections shall be prohibited:
(A) Item 1: Cement or concrete.
(B) Item 2: Mastic or hot-pour bituminous joints.
(C) Item 3: Joints made with fittings not approved for the specific installation.
(D) Item 4: Joints between different diameter pipes made with elastomeric rolling O- rings.
(E) Item 5: Solvent-cement joints between different types of plastic pipe except where provided for in section P3003.13.4.
(F) Item 6: Saddle-type fittings. Exception: Where approved by the jurisdiction, saddle- type fittings shall be permitted to connect the building sewer to a public sewer.
(2) Section P3008.4 Location. This section has been amended to clarify backwater valves shall be a maximum of 24 inches deep below the finished grade with an exception for extendable type backwater valves. This section has been modified to read: P3008.4 Location. Backwater valves shall be installed so that access is provided to the working parts. Backwater valves shall be a maximum of 24 (610 mm) inches deep below finish grade. Exception: Extendable type backwater valves.
748:20-6-39. IRC® 2018 Chapter 34 General Requirements (Electrical) [REVOKED]
748:20-6-41. IRC® 2024 Chapter 36 Services [NEW]
Chapter 36 of the IRC® 2024 is adopted with the following modification: Section E3601.8 Emergency disconnects has been stricken from the code.
748:20-6-44. IRC® 2024 Chapter 39 Power and Lighting Distribution [NEW]
Chapter 39 of the IRC® 2024 is adopted with the following modification: Section E3902.14 Outdoor outlets. This section has been modified to remove the expiration date in exception number 3 and add a fourth exception for refrigerators or freezers in garages. This section has been modified to read: E3902.14 Outdoor outlets.
(1) All outdoor outlets, including outlets installed in the following locations, and supplied by single-phase branch circuits rated 150 volts or less to ground, 50 amperes or less, shall be provided with GFCI protection:
(A) Item 1. Garages that have floors located at or below grade level.
(B) Item 2. Accessory buildings.
(C) Item 3. Boathouses.
(2) Exceptions:
(A) Exception 1. GFCI protection shall not be required on lighting outlets other than those covered in Section 210.8(F) of NFPA 70.
(B) Exception 2. GFCI protection shall not be required for receptacles that are not readily accessible and are supplied by a branch circuit dedicated to electric snow-melting, deicing, or pipeline and vessel heating equipment where such equipment is protected as required by NFPA 70.
(C) Exception 3. GFCI protection shall not be required for listed HVAC equipment.
(D) Exception 4. GFCI protection shall not be required for refrigerators or freezers in garages.
748:20-6-46. IRC® 2024 Chapter 41 Appliance Installation [NEW]
Chapter 41 of the IRC® 2024 is adopted with the following modification: Section 4101.3 1. Gas-fired central furnaces has been added to the code to correlate with a change made to the adoption of the National Electrical Code. This section has been added to read: Section 4101.3.1 Gas-fired central furnaces. Gas-fired furnaces supplying dwelling units shall be permitted to be connected by a flexible code-and-plug. The flexible cord shall have an equipment grounding conductor and be terminated into a grounding-type attachment plug. The cord and attachment plug shall have sufficient ampacity for the load, and shall be routed or otherwise protected to prevent physical damage to the cord or attachment plug. The cord length shall not be greater than 9 feet.
748:20-6-47. IRC 20182024® Chapter 42 Swimming Pools [AMENDED]
Chapter 42 of the IRC® 2018 2024 is adopted with the following modification: Section 4206.4.1 Maximum voltage has been modified to limit the operation of luminaries in swimming pools to the low-voltage contact limits defined in Section E4202.1. This section has been modified to read: E4206.4.1 Luminaries shall not operate above the low-voltage contact limit as defined in E4202.1. [680.23(A)(4)]. Section E4204.2 Bonded Parts has been modified to add an exception to Item 1 to clarify bonding of conductive pool shells shall not be deemed to satisfy the pool water bonding requirement unless a listed conductive surface meeting the requirements of the section is in direct contact with the pool water. This section has been added to read: E4204.2 Bonded Parts. The parts of pools, spas, and hot tubs specified in Items 1 through 7 shall be bonded together using insulated, covered or bare solid copper conductors not smaller than 8 AWG or using rigid metal conduit of brass or other identified corrosion-resistant metal. Connections to bonded parts shall be made in accordance with Section E3406.14. An 8 AWG or larger solid copper bonding conductor provided to reduce voltage gradients in the pool, spa, or hot tub area shall not be required to be extended or attached to remote panelboards, service equipment, or electrodes. [680.26(B)]
(1 ) Item 1. Conductive pool shells. Bonding to conductive pool shells shall be provided as specified in Item 1.1 or 1.2. Cast-in-place concrete, pneumatically applied or sprayed concrete, and concrete block with painted or plastered coatings shall be considered to be conductive materials because of their water permeability and porosity. Reconstructed pool shells shall also meet the requirements of this section. Vinyl liners and fiberglass composite shells shall be considered to be nonconductive materials and not subject to these requirements. Exception: Bonding of conductive pool shells shall not be deemed to satisfy the pool water bonding requirement unless a listed conductive surface meeting the requirements of this section is in direct contact with the pool water.
(A) Item 1.1 Structural reinforcing steel. Unencapsulated structural reinforcing steel shall be bonded together by steel tie wires or the equivalent. Where structural reinforcing steel is encapsulated in a nonconductive compound, a copper conductor grid shall be installed in accordance with Item 1.2.
(B) Item 1.2. Copper conductor grid. A copper conductor grid shall be provided and shall comply with Items 1.2.1 through 1.2.4:
(i) Item 1.2.1. It shall be constructed of minimum 8 AWG bare solid copper conductors bonded to each other at all points of crossing.
(ii) Item 1.2.2. It shall conform to the contour of the pool.
(iii) Item 1.2.3. It shall be arranged in a 12-inch (305 mm) by 12-inch (305 mm) network of conductors in a uniformly spaced perpendicular grid pattern with a tolerance of 4 inches (102 mm).
(iv) Item 1.2.4. It shall be secured within or under the pool not more than 6 inches (152 mm) from the outer contour of the pool shell. [680.26(B)(1)]
(2) Item 2 Perimeter surfaces. The perimeter surface to be bonded shall be considered to extend for 3 feet (914 mm) horizontally beyond the inside walls of the pool while also at a height between 3 feet (914 mm) above and 2 feet (610 mm) below the maximum water level. The perimeter surface shall include unpaved surfaces, concrete and other types of paving. Perimeter surfaces that are separated from the pool by a permanent wall or building 5 feet (1524 mm) or more in height shall require equipotential bonding only on the pool side of the permanent wall or building. Bonding to perimeter surfaces shall be provided as specified in Item 2.1 or 2.2, 2.3 and 2.4. For conductive pool shells where bonding to perimeter surfaces is required, it shall be attached to the pool, spa, or hot tub reinforcing steel or copper conductor grid at a minimum of four points uniformly spaced around the perimeter of the pool, spa, or hot tub, or if the bonded perimeter surface does not surround the entire pool, it shall be attached to the pool, spa or hot tub reinforcing steel or copper gird at a minimum of four uniformly spaced points along the bonded perimeter surface. For nonconductive pool shells, where bonding to the perimeter surfaces is required, bonding at four points shall not be required, and the bonding shall be attached to the 8 WAG copper equipotential bonding conductor and, if present, to any conductive support for the pool, spa or hot tub. Exceptions:
(A) Exception 1. Equipotential bonding of perimeter surfaces shall not be required for spas and hot tubs where all of the following conditions apply:
(i) Item 1.1. The spa or hot tub is listed as a self-contained spa for above-ground use.
(ii) Item 1.2. The spa or hot tub is not identified as suitable only for indoor use.
(iii)Item 1.3. The installation is in accordance with the manufacturer’s instructions and is located on or above grade.
(iv) Item 1.4. The top rim of the spa or hot tub is not less than 28 inches (711 mm) above all perimeter surfaces that are within 30 inches (762 mm), measured horizontally from the spa or hot tub. The height of nonconductive external steps for entry to or exit from the self-contained spa is not used to reduce or increase this rim height measurement.
(B) Exception 2. The equipotential bonding requirements for perimeter surfaces shall not apply to a listed self-contained spa or hot tub located indoors and installed above a finished floor. [608.26(B)(2), 608.42(B) and 608.43 Exception No. 2]
(i) Item 2.1 Conductive paved portions of perimeter surfaces. Conductive paved portions of perimeter surfaces, including masonry pavers, if used, shall be bonded with encapsulated structural reinforcing steel in accordance with Item 1.1, or with unencapsulated steel structural welded wire reinforcement (welded wire mesh, welded wire fabric), bonded together by stee tie wires or the equivalent. Steel welded wire reinforcement shall be fully embedded within the pavement unless the pavement will not allow for embedding. If the reinforcing steel is absent, or is encapsulated in a nonconductive compound, or embedding is not possible, unencapsulated welded wire steel reinforcement or a copper conductor grid shall be provided and shall be secured directly under the paving and not more than 6 inches (152 mm) below finished grade.
(ii) Unencapsulated steel welded wire reinforcement that is not fully embedded in concrete, and copper grid regardless of location, used for equipotential bonding shall be listed for corrosion resistance and mechanical performance. This listing requirement shall become effective January 1, 2025. The copper grid or unencapsulated steel welded wire reinforcement shall also meet the following:
(I) Item 2.1.1 Copper grid is constructed of 8 AWG solid bare copper and arranged in accordance with Item 1.2.3.
(II) Item 2.1.2 Steel welded wire reinforcement is minimum ASTM 6x6-W2.0 x W2.0 or minimum No. 3 rebar constructed in a 12-inch (305 mm) grid.
(III) Item 2.1.3 Copper grid and steel welded wire reinforcement follow the contour of the perimeter surface extending not less than 3 feet (914 mm) horizontally beyond the inside walls of the pool.
(IV) Item 2.1.4 Only listed splicing devises or exothermic welding are used. [608.26(B)(2)(a)]
(iii) Item 2.2 Unpaved portions of perimeter surfaces. Unpaved portions of perimeter surfaces shall be bonded with any of the following methods:
(I) Item 2.2.1 Copper conductor(s) shall be used in accordance with Items 2.2.1.1. through 2.2.1.6.
(II) item 2.2.1.1. At least one minimum 8 AWG bare solid copper conductor, including the 8 AWG copper equipotential bonding conductor, if available.
(III) Item 2.2.1.2. The conductors shall follow the contour of the perimeter surface.
(IV) Item 2.2.1.3. Only listed splicing devices or exothermic welding are used.
(V) Item 2.2.1.4. The conductor(s) is 18 to 24 inches (457 to 610 mm) from the inside walls of the pool.
(VI) Item 2.2.1.5. The required conductor(s) is under the perimeter surface 4 to 6 inches (102 mm to 152 mm) below the subgrade.
(VII) Item 2.2.1.6. Be installed only in perimeter surfaces not intended to have direct access to swimmers in the pool.
(VIII) Item 2.2.2 Copper grid or unencapsulated steel welded wire reinforcement used for equipotential bonding of unpaved portions of perimeter surfaces shall meet the following:
(IX) Item 2.2.2.1 Be installed in accordance with 2.1
(X) Item 2.2.2.2 Be located within unpaved surfaces between 4 to 6 inches (102 to 152 mm) below finished grade. [608.26(B)(2)(b)]
(iv) Item 2.3 Nonconductive perimeter surfaces. Equipotential bonding shall not be required for nonconductive portions of perimeter surfaces that are separated from earth or raised on nonconducting supports, and it shall not be required for any perimeter surface that is electrically separated from the pool structure and raised on nonconductive supports above an equipotentially bonded surface. [680.26(B)(2)(c)]
(v) Item 2.5 Interconnection of bonded portions of perimeter surfaces. All surfaces where equipotential bonding is required shall be interconnected using listed splicing devices or exothermic welding. Where copper wire is used for this purpose, it shall be solid copper not smaller than 8 AWG. The conductor shall be permitted to encircle the pool to facilitate bonding connections to portions of the perimeter covered in 2.1 and 2.2 that are not contiguous. [680.26(B)(2)(d)]
(3) Item 3. Metallic components. All metallic parts of the pool structure, including reinforcing metal not addressed in Item 1.1, shall be bonded. Where reinforcing steel is encapsulated with a nonconductive compound, the reinforcing steel shall not be required to be bonded. [680.26(B)(3)]
(4) Item 4. Underwater lighting. All metal forming shells and mounting brackets of no-niche luminaires shall be bonded. [680.26(B)(4)] Exception: Listed low-voltage lighting systems with nonmetallic forming shells shall not require bonding. [680.26(B)(4) Exception]
(5) Item 5. Metal fittings. All metal fittings within or attached to the pool structure shall be bonded. [608.26(B)(5)] Exceptions:
(A) Exception 1. Isolated parts that are not over 4 inches (102 mm) in any dimension and do not penetrate into the pool structure more than 1 inch (25 mm) shall not require bonding.
(B) Exception 2. Metallic pool cover anchors intended for insertion in a concrete or masonry deck surface, 1 inch (25 mm) or less in any dimension and 2 inches (51 mm) or less in length, shall not require bonding.
(C) Exception 3. Metallic pool cover anchors intended for insertion in a wood or composite deck surface, 2 inches (51 mm) or less in any flange dimension and 2 inches (51 mm) or less in length, shall not require bonding. [680.26(B)(5) Exception]
(6) Item 6. Electrical equipment. Metal parts of the following electrical equipment shall be bonded: electrically powered pool covers; pool water circulation, treatment, heating, cooling or dehumidification equipment; and equipment not separated from the pool by a permanent barrier that prevents contact by a person, any other electrical equipment within 5 feet (1.5 m) measured horizontally from the inside wall of the pool or 12 feet (3.7 m) measured vertically above the maximum water level of the pool, or as measured vertically above any observation stands, towers, platforms or diving structures. Exception: Metal parts of listed equipment incorporating an approved system of double insulation shall not be bonded. [680.26(B)(6) Exception]
(A) Item 6.1. Double-insulated water pump motors. Where a double-insulated water pump motor is installed under the provisions of this item, a solid 8 AWG copper conductor of sufficient length to make a bonding connection to a replacement motor shall be extended from the bonding grid to an accessible point in the vicinity of the pool pump motor. Where there is no connection between the swimming pool bonding grid and the equipment grounding system for the premises, this bonding conductor shall be connected to the equipment grounding conductor of the motor circuit. [680.26(B)(6)(a)]
(B) Item 6.2. Pool water heaters. For pool water heaters rated at more than 50 amperes and having specific instructions regarding bonding and grounding, only those parts designated to be bonded shall be bonded and only those parts designated to be grounded shall be grounded. [680.26(B)(6)(b)]
(7) Item 7. All fixed metal parts including, but not limited to, metal-sheathed cables and raceways, metal piping, metal awnings, metal fences and metal door and window frames, shall be bonded where located no greater than either of the following: Exceptions
(A) Exception 1. Five feet (1.5 m) horizontally from the inside walls of the pool. Those separated from the pool by a permanent barrier that prevents contact by a person shall not be required to be bonded. [680.26(B)(7) Exception No. 1]
(B) Exception 2. Twelve feet (3.7 m) vertically above the maximum water level of the pool, observation stands, towers, or platforms or any diving structures. [680.26(B)(7)]
748:20-6-49. IRC® 20182024 Chapter 44 Referenced Standards [AMENDED]
Chapter 44 of the IRC® 2018 2024 has been adopted with the following modifications:
(1) The reference for the standard ANCE NMX-J-521/2-40-ANCE-2014/CAN/CSA-22.2 No. 60335-2-40-12/UL 60335-2-40: Safety of Household and Similar Electric Appliances, Part 2-40: Particular Requirements for Heat Pumps, Air Conditioners and Dehumidifiers along with the associated referenced sections has been stricken from the code.
(4) The reference to the ASHRAE Standard 34-2016: Design and Safety Classification of Refrigerants has been modified to update the publication year from 2016 to 2019. The reference has been modified to read: 34-2019: Design and Safety Classification of Refrigerants.
(6) The reference to the CSA standard CAN/CSA/C22.2 No. 60335-2-40-2012 has been modified to change the title and update the edition year of the reference from 2016 to 2019. This section has been modified to read: CSA C22.2 No. 60335-20-40 – 2019 Safety of Household and Similar Electrical Appliances, Part 2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers.
(7)(6) The reference to the ICC 500® has been modified to update the code section references. This section has been modified to read: ICC 500-14 ICC 500-2020 ICC/NSSA Standard on the Design and Construction of Storm Shelters®. Referenced in code section number R323.1, R323.2, R323.2.1, R323.2.2, R323.2.3 R307.3, R307.3.1, R307.3.2, R307.3.3, R307.3.4 and R323.2.4 R307.3.4.1.
(8)(7) The reference to the International Building Code® has been modified to update the edition year to 2018 2024 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IBC®-18 IBC®-24 International Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(15) The referenced standard UL 1995-2011 Heating and Cooling Equipment – with revisions through July 2015 has been modified to update the edition year and remove the reference to revisions. The standard has bene modified to read: 1995-2015 Heating and Cooling Equipment.
(16) The reference standard UL/CSA/ANCE 60335-2-40-2012: Standard for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Motor-compressors has been modified to update the edition year and the title and add a section reference. This reference has been modified to read: UL/CSA 60335-2-40-2019: Standard for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers. Referenced Sections M1402.1, M1403.1, M1412.1 and M1413.1.
(1) The reference to ACI 318-19 Building Code Requirements for Structural Concrete® has been modified to change the edition year from 2019 to 2025. This section has been modified to read: ACI 318-25 Building Code Requirements for Structural Concrete®
(2) A reference for the standard ANSI/APSP/ICC 7-20 has been added to the chapter. This section has been added to read: ANSI/APSP/ICC 7-20 American National Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs, and Catch Basins®. Referenced in code section number R326.5.(3) A reference for the standard ANSI/APSP/ICC 16-17 has been added to the chapter. This section has been added to read: ANSI/APSP/1CC 16-17 American National Standard for Suction Fittings for Use in Swimming Pools, Wading Pools, Spas and Hot Tubs®. Referenced in code section number R326.4.
(4) A reference for the standard ASTM D7957/D7957M-22 has been added to the chapter. This section has been added to read: ASTM D7957/D7957M-22 Standard for Speficiation for Solid Round Glass Fiber Reinforced Polymer Bars for Concrete reinforcement. Referenced in code section number R404.1.3.3.7.1.b.
(5) A reference for the standard CSA C22.2 No. 218.1-17 has been added to the chapter. This section has been added to read: CSA C22.2 No. 218.1-17. Spas, Hot Tubs and Associated Equipment®. Referenced in code section number R326.5.
(8) The reference to the International Existing Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IEBC®-24 International Existing Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(9) The reference to the International Fire Code® has been modified to update the edition year to 2018 2024 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFC®-18 IFC®-24 International Fire Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(10) The reference to the International Fuel Gas Code® has been modified to update the edition year to 2018 2024 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFGC®-18 IFGC®-24 International Fuel Gas Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(11) The reference to the International Mechanical Code® has been modified to update the edition year to 2018 2024 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IMC®-18 IMC®-24 International Mechanical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(12) The reference to the International Plumbing Code® has been modified to update the edition year to 2018 2024 include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IPC®-18 IPC®-24 International Plumbing Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(13) The referenced standard for NFPA® 70 National Electrical Code® has been modified to update the edition year to 2023 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: 70-23 National Electrical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(14) A reference for the standard UL 1563 has been added to the chapter. This section has been added to read: UL 1563-2009: Standard for Electric Hot Tubs, Spas and Associated Equipment®, with revisions through September 2020. Referenced in code section number R326.5.
748:20-6-50. Appendix UBP, Automatic Fire Systems [AMENDED]
This appendix has been newly created and entitled "Automatic Fire Sprinkler Systems." The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or order.
(1) Section U101 BP101 General. This section heading has been added to clarify the sections of text applicable to installing residential fire sprinkler systems in one- and two-family dwellings. This section heading has been added to read: U101 BP101 General.
(2) Section U101.1 BP101.1 One- and two-family dwellings automatic fire sprinkler systems. This section formerly numbered Section R313.2 R309.2 has been moved into appendix UBP, entitled "Automatic Fire Sprinkler Systems" and specifies the provisions of this appendix shall apply to one- and two-family dwellings. It has been added to read: U101.1 BP101.1 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system.
(3) Section U101.2 BP101.2 Design and installation. This section, formerly numbered Section R313.2.1 R309.2.1 has been moved into Appendix U BP, entitled "Automatic Fire Sprinkler Systems" and specifies the design and installation of automatic residential fire sprinkler systems shall comply with the provisions of this appendix and NFPA 13D. This section has been added to read: U101.2 BP101.2 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with the provisions of this appendix and NFPA 13D.
748:20-6-51. Appendix VBQ, Swimming Pools, Spas, and Hot Tubs [AMENDED]
This appendix has been newly created and entitled "Swimming Pools, Spas, and Hot Tubs." The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or order.
(1) V101 BQ101 Swimming Pools, Spas, and Hot Tubs. This section header has been added to clarify the sections of text that apply to the general requirements for swimming pools, spas and hot tubs. This section has been added to read: V101 BQ101 Swimming Pools, Spas, and Hot Tubs.
(2) V101.1 BQ101 General. This section formerly numbered R326.1 R328.1 General has been moved into an appendix and has been added to read: V101.1 BQ101 General. The design and construction of pools and spas shall comply with the International Swimming Pool and Spa Code.
748:20-6-52. Appendix W, Energy Efficiency [REVOKED]
748:20-6-53. Appendix XBR, Residential Tornado Provisions [AMENDED]
(a) This appendix has been newly created and entitled "Residential Tornado Provisions." The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance or order.
(b) X101 BR101 Scope. This section heading has been added to specify the sections of this appendix that deal with the Scope of the appendix. This section header has been added to read: X101BR101. Scope.
(1) Section X101.1 BR101.1 General. This section has been added to clarify the provisions shall be applicable for new construction. This section has been added to read: X101.1 BR101.1 General. These provisions shall be applicable for new construction where residential tornado provisions are required. This appendix provides prescriptive based requirements for construction of a residential structure meeting or exceeding a 135-mph wind event corresponding to an EF-2 tornado rating. The single most important objective in protecting a structure against high wind is achieving a continuous load path from the roof to the foundation. Based on the findings of studies and failures associated with various construction types, a group of 11 building practices (each associated with a different aspect of the structure) are summarized in this section.
(2) Section X101.2 BR101.2 Application. This section has been added to clarify the administrative provisions of this appendix are applicable in the administrative and building planning and construction requirements in Chapters 1 through 10 of this code. The section has been added to read: X101.2 BR101.2 Application. In addition to the general administration requirements of Chapter 1, the administrative provisions of this appendix shall also apply to the building planning and construction requirements of Chapters 1 through 10.
(3) Section X101.3 BR101.3 Wind design criteria. This section has been added to clarify that if Section R301.2.1 is modified, the buildings and portions thereof shall be constructed in accordance with the code and the ultimate wind speed design of 135 mph. This section has been added to read: X101.3 BR101.3 Wind design criteria. Modifying section R301.2.1 buildings and portions thereof shall be constructed in accordance with the wind provisions of this code using the ultimate design wind speed 135 mph.
(4) Section X101.4 BR101.4 Lumber sheathing. This section has been added to address the permitted forms of lumber sheathing. This section has been added to read: X101.4 BR101.4 Lumber sheathing. Only OSB or plywood sheathing is permitted. Dimensional lumber sheathing may not be used. Allowable spans and attachment for lumber used as roof or exterior wall sheathing shall conform to the following:
(A) X101.4.1 BR101.4.1 Sixteen Inch Framing. For rafter, stud, or beam spacing of 16 inches, the minimum nominal sheathing panel thickness will be 7/16 inch, the minimum wood structural panel span rating 24/16, to be nailed with 8d ring shank (0.131 inch x 2.5 inch) or 10d (0.148 inch x 3 inch) nails on 4 inches on center along the edges and 6 inches on center in the field.
(B) X101.4.2 BR101.4.2 Twenty-four Inch Framing. For rafter, stud or beam spacing of 24 inches, the minimum nominal sheathing panel thickness will be 23/32 inch, the minimum wood structural panel span rating 24/16 to be nailed with 8d ring shank (0.131 inch x 2.5 inch) or 10d (0.148 inch x 3 inch) nails on 4 inches on center along the edges and 4 inches on center in the field.
(5) Section X101.5 BR101.5 Ceiling joist and rafter connections. This section has been added to require ceiling joists and rafters to be nailed to each other in a manner to achieve a connection that can transfer a 500-pound force in both compression and tension across the connections. This section has been added to read: X101.5 BR101.5 Ceiling joist and rafter connections. In addition to the provisions of Chapter 8, ceiling joists and rafters shall be nailed to each other in a manner to achieve a connection that can transfer a 500-pound force in both compression and tension across the connection.
(6) Section X101.6 BR101.6 Rafter uplift resistance. This section has been added to require individual rafters to be attached to supporting wall assemblies by connections capable of resisting uplift forces of 500 pounds. This section has been added to read: X101.6 BR101.6 Rafter uplift resistance. Individual rafters shall be attached to supporting wall assemblies by connections capable of resisting uplift forces of 500 pounds.
(7) Section X101.7 BR101.7 Gable end walls. This section has been added to clarify connections and sheathing for gable end walls. This section has been added to read: X101.7 BR101.7 Gable end walls. Gable end walls will be sheathed per X101.4 BR101.4 and will have connections to both a.) supporting wall assemblies and b.) roof framing by connections capable of resisting uplift forces of 500 pounds in both compression and tension across the connection.
(8) Section X101.8 BR101.8 Exterior wall bracing. This section has been added to clarify sheathing methods to be utilized to brace exterior walls and prohibit intermittent bracing on exterior walls. This section has been added to read: X101.5 BR101.8 Exterior wall bracing. Only continuous sheathing methods per R602.10.4.2 may be used to brace exterior walls. Frame garage doors using the sheathed portal frame method CS-PF. Lumber sheathing and attachment per X101.4 BR101.4. Any form of intermittent bracing is not allowed on an exterior wall. Intermittent bracing may only be used for interior braced wall lines.
(9) Section X101.9 BR101.9 Multi-story construction. This section has been added to require nailing upper and lower story wall sheathing to a common rim board. This section has been added to read: X101.9 BR101.9 Multi story construction. Nail upper and lower story wall sheathing to common rim board in order to maintain continuity between stories.
(10) Section X101.10 BR101.10 Wood floor above crawl space construction. This section has been added to require extending structural wood sheathing to lap the sill plate. This section has been added to read: X101.10 BR101.10 Wood floor above crawl space construction. Extend structural wood sheathing to lap the sill plate. Nail to sill plate at 4 inches on center along the edges. Nail to rim board if present with 8d ring shank (0.131 inch x 2.5 inch) or 10d (0.148 inch x 3 inch) nails at 4 inches on center along both the top and bottom edges of the rim board.
(11) Section X101.11 BR101.11 Garage Doors. This section has been added to require garage doors to be rated for 135 mile per hour winds. This section has been added to read: X101.11 BR101.11 Garage Doors. Garage doors are to be wind rated to 135 mph.
SUBCHAPTER 8. IEBC® 20182024 [AMENDED]
748:20-8-1. Adoption of the International Existing Building Code®, 2018 Edition (IEBC® 20182024 Edition (IEBC® 2024) [AMENDED]
(a) The Oklahoma Uniform Building Code Commission (the "OUBCC") hereby adopts the International Existing Building Code®, 20182024 Edition (IEBC® 20182024), third first printing (January, 2019August 2023) as amended and modified in this subchapter as the statewide minimum code for commercial existing building construction in the State of Oklahoma pursuant to 59 O.S. 1000.23.
(b) The OUBCC through formal action expressly chose to adopt the IEBC® 2018 2024 as amended and modified in this subchapter, as the statewide minimum code for commercial existing building construction in the State of Oklahoma. In like manner, the OUBCC through formal action expressly chose not to adopt the International Existing Building Code® 2021 Edition (IEBC®, 2021) for any purpose.
(c) The OUBCC has pulled from the ICC website, published errata to the third printing of the IEBC® through July 31, 2019. Any errata Eratta published after that date by the ICC for the IEBC® 2024 has not been reviewed or incorporated into the rules.
(d) This material contains information which is proprietary to and copyrighted by the International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED.
748:20-8-2. Effect of Adoption [AMENDED]
The IEBC® 2018 2024 as amended and revised by these rules, is hereby established and adopted as the statewide minimum code for commercial existing building construction in Oklahoma pursuant to 59 O.S. § 1000.23, and may only be amended or altered by other jurisdictions pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code.
748:20-8-3. IEBC® 20182024 Appendices [AMENDED]
(a) None of the appendices of the IEBC® 2018 2024 have been adopted by the OUBCC for inclusion in the statewide minimum code for commercial existing building construction in the State of Oklahoma.
(b) Appendices A through C E and Resource A are not adopted as the statewide minimum code for commercial existing building construction within the State of Oklahoma. However, other jurisdictions within the State of Oklahoma may adopt any or all of said appendices and Resource A in accordance with 59 O.S. § 1000.29.
748:20-8-4. IEBC® 20182024 Provisions Adopted and Modified [AMENDED]
(a) All chapters and provisions within chapters, including exceptions, of the IEBC® 2018 2024 not specifically addressed within these rules as being modified, deleted, moved or removed are hereby adopted without modification as the statewide minimum code for commercial existing building construction within the State of Oklahoma pursuant to 59 O.S. § 1000.23. Chapters and provisions within chapters, including exceptions adopted with modifications are specifically addressed in these rules.
(b) To the extent any references in the IEBC® 2018 2024 as amended and modified in this sub-chapter are made to any other code or standard, the particular edition for that reference is defined in the referenced standards found in the IEBC® 2018 2024 as amended and modified in this sub-chapter and in Chapter 16 entitled "Referenced Standards."
748:20-8-6. IEBC® 20182024 Chapter 1 Scope and Administration [AMENDED]
Chapter 1 of the Oklahoma adopted IEBC® 2018 2024, includes the following Preamble at the very beginning of the chapter:
(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IEBC® 2018 2024 as amended and revised by the OUBCC, as the statewide minimum code to be used by all entities for commercial existing building construction in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IEBC® 2018 2024 is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for commercial existing building construction.
(2) All provisions of the adopted IEBC® 2018 2024 including Chapter 1, as amended and revised by the OUBCC are hereby established and adopted as the statewide minimum code for commercial existing building construction in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.
748:20-8-8. IEBC® 2024 Chapter 3 Provisions for all Compliance Methods [NEW]
Chapter 3 of the Oklahoma adopted IEBC® 2024 is adopted with the following modifications:
(1) Section 303.2 Addition to a Group E occupancy. This section has been modified to remove the language related to the shelter design wind speed and to change the occupant load from 50 to 200. This section has been modified to read: Where an addition is added to an existing Group E occupancy and the occupant load in the addition is 200 or more in accordance with IBC® Table 1004.5, the addition shall have a storm shelter constructed in accordance with ICC 500. Exceptions:
(A) Exception 1. Group E day care facilities.
(B) Exception 2. Group E occupancies accessory to places of religious worship.
(C) Exception 3. Additions meeting the requirements for shelter design in ICC 500.
(2) Section 303.2.1 Design occupant capacity. This section has been modified to change the section heading from "Design occupant capacity" to "Occupant capacity" and clarify the occupant capacity shall be based on the number of currently enrolled students and staff in the building on a regular basis and requires the information to be provided on district or school letterhead signed by the Owner or Owner's authorized agent. The exceptions to the section were modified by clarifying in the first exception that when the addition is not of sufficient size, the required storm shelter shall be designed to house all the students and staff in the new edition. The second exception was modified to allow the occupant capacity of the storm shelter to be reduced by any existing shelters; and adds a third exception to clarify a storm shelter is not required for temporary facilities when approved by the code official and the temporary facilities are part of a phased building project that includes a storm shelter. This section has been modified to read: 303.2.1 Occupant capacity. The required occupant capacity of the storm shelter shall be the total number of students and staff. The enrollment and staff numbers shall be submitted on district or school letterhead and be signed by the Owner or Owner's authorized agent. Exceptions:
(A) Exception 1. Where an addition is being added on an existing Group E building, and where the addition is not of sufficient size to accommodate the required occupant capacity of the storm shelter for the building, the storm shelter shall, at a minimum, accommodate the students and staff within the new addition.
(B) Exception 2. The required occupant capacity of the shelter shall be permitted to be reduced by the occupant capacity of any existing storm shelters.
(C) Exception 3. Where approved by the building official, temporary facilities shall be exempt from storm shelter requirements, when said temporary facilities are part of a phased project that includes a storm shelter.
(3) Section 303.4 Change of use or occupancy. This section has been added to clarify when any existing building or structure is undergoing a change of use group or occupancy to a Group E occupancy, storm shelters must be provided in compliance with Section 423 of the International Building Code® and provides an exception for buildings in which an E use exists in operation and in which the change of use or occupancy is performed in conjunction with not more than a level 2 alteration. This section has been added to read: 303.4 Change of use or occupancy. Any existing building or structure undergoing a change of use group or occupancy to a Group E occupancy shall be required to provide storm shelters in compliance with the provisions of Section 423 of the International Building Code®. Exception: Buildings in which an E use currently exists in operation and in which the change of use or occupancy is performed in conjunction with no more than a level 2 alteration.
(4) Section 306.7.12 Toilet rooms. This section has been modified to remove the wording "in the same area" and provide a 500-foot travel distance from existing toilet rooms to an accessible toilet room. This section has been modified to read: 306.7.12 Toilet rooms. Where it is technically infeasible to alter existing toilet rooms to be accessible, one accessible single-user toilet room or one accessible family or assisted-use toilet room constructed in accordance with Section 1110.2.1 of the International Building Code is permitted. The toilet room shall be located on the same floor as and within a 500-foot travel distance of the existing toilet room. At the inaccessible toilet rooms, directional signs indicating the location nearest such toilet room shall be provided. These directional signs shall include the International Symbol of Accessibility, and sign characters shall meet the visual character requirements in accordance with ICC A117.1.
(5) Section 306.7.13 Bathing rooms. This section has been modified to remove the wording "in the same area" and provide a 500-foot travel distance from existing bathing rooms to an accessible bathing room. This section has been modified to read: 306.7.12 Bathing rooms. Where it is technically infeasible to alter existing bathing rooms to be accessible, one accessible single-user bathing room constructed in accordance with Section 1110.2.1 of the International Building Code® is permitted. The bathing room shall be located on the same floor as and within a 500-foot travel distance of the existing bathing room. At the inaccessible bathing rooms, directional signs indicating the location nearest such bathing room shall be provided. These directional signs shall include the International Symbol of Accessibility, and sign characters shall meet the visual character requirements in accordance with ICC A117.1®.
748:20-8-10. IEBC® 2018 Chapter 5 Prescriptive Compliance Methods [REVOKED]
748:20-8-14. IEBC® 2018 Chapter 9 Alterations, Level 3 [REVOKED]
748:20-8-15. IEBC® 20182024 Chapter 10 Change of Occupancy [AMENDED]
Chapter 10 of the Oklahoma adopted IEBC® 2018 2024 is adopted with the following modification: Section 1001.2.1 Change in use. This section has been modified to address errata published by the ICC®. The modification changes a reference in the section from Chapter 5 to Chapter 6. This section has been modified to read: 1001.2.1 Change in use. Any work undertaken in connection with a change in use that does not involve a change of occupancy classification or a change to another group within an occupancy classification shall conform to the applicable requirements for the work as classified in Chapter 6 and to the requirements of Sections 1002 through 1010. Exception: As modified in Section 1204 for historic buildings.Section 1011.7.1 Exterior wall rating for change of occupancy classification to a higher-hazard category. This section has been modified to add a second exception to the section when approved by the building official. This section has been modified to read: 1011.7.1 Exterior wall rating for change of occupancy classification to a higher-hazard category. Where a change of occupancy classification is made to a higher hazard category as shown in Table 1011.7, exterior walls shall have a fire resistance, exterior opening areas and opening protectives as required by the International Building Code®. Exceptions:
(1) Exception 1. A 2-hour-fire-resistance rating shall be allowed where the building does not exceed three stories in height and is classified as one of the following groups: A-2 and A-3 with an occupant load of less than 300, B, F, M, or S.
(2) Exception 2. Where approved by the building official, in multi-tenant buildings, only the portion of the exterior wall that is part of the tenant undergoing the change of occupancy must have the fire resistance and exterior opening protectives as required by the International Building Code®, given: The tenant undergoing the change of occupancy is fully encapsulated by fire barriers and horizontal assemblies, constructed in accordance with Section 707 and 711 of the International Building Code®, having the same fire resistance rating required for the exterior wall. In this condition a parapet is not required. Exceptions:
(A) Exception 2.1. If a parapet is not required by Section 705.12 of the International Building Code®, a fire resistance rated horizontal assembly is not required.
(B) Exception 2.2. Walls opposite of the fire resistance rated exterior wall do not need to be fire resistance rated.
748:20-8-16. IEBC® 2018 Chapter 11 Additions [REVOKED]
748:20-8-20. IEBC® 2024 Chapter 15 Construction Safeguards [NEW]
Chapter 15 of the Oklahoma adopted IEBC® 2024 is adopted with the following modifications:
(1) Section 1509.1 Where required. This section has been modified to change the height from 40 feet to 30 feet at which the standpipe needs to be installed for use during construction. This section has been modified to read: 1509.1 Where required. In buildings required to have standpipes by Section 905.3.1 of the International Building Code®, not less than one standpipe shall be provided for use during construction. Such standpipes shall be installed prior to construction exceeding 30 feet (9144 mm) in height above the lowest level of the fire department vehicle access. Such standpipes shall be provided with fire department hose connections at locations adjacent to stairways complying with Section 1508.1. As construction progresses, such standpipes shall be extended to within one floor of the highest point of construction secured decking or flooring.
(2) Section 1512.1 When required. This section has been modified to clarify in the exception, the fire code official has the ability to approve other alternatives for isolated buildings or a group of buildings in rural areas or small communities where the development full fire flow requirements is impractical. This section has been modified to read. 1512.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible building material arrives on the site, on commencement of vertical combustible construction and on installation of a standpipe system in buildings under construction, in accordance with Sections 1512.1 through 1512.5. Exception: The fire code official is authorized to reduce the fire flow requirements or allow other alternatives for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements is impractical.
(3) Section 1512.2. Combustible building materials. This section has been modified to add an exception for the fire code official to reduce the fire flow requirements or allow other alternative for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements is impractical. This section has been modified to read: 1512.2 Combustible building materials. When combustible building materials of the building under construction are delivered to a site, a minimum fire flow of 500 gallons per minute (1893 liters per minute) shall be provided. The fire hydrant used to provide this fire flow supply shall be within 500 feet (152 meters) of the combustible building materials as measured along an approved fire apparatus access lane. Where the configuration is such that one fire hydrant cannot be located within 500 feet (152 meters) of all combustible building materials, additional fire hydrants shall be required to provide coverage in accordance with this section. Exception: The fire code official is authorized to reduce the fire flow requirements or allow other alternative for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire flow requirements is impractical.748:20-8-21. IEBC® 20182024 Chapter 16 Referenced Standards [AMENDED]
Chapter 16 of the Oklahoma adopted IEBC® 2018 2024 is adopted with the following modifications:
(1) The reference to the International Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IBC®-18 IBC®-24 International Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(2) The reference to the International Energy Conservation Code® has been modified to change the edition year to 2006. This section has been modified to read: IECC®-06 International Energy Conservation Code®.
(3) The reference to the International Fire Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFC®-18 IFC®-24 International Fire Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(4) The reference to the International Fuel Gas Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFGC®-18 IFGC®-24 International Fuel Gas Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(5) The reference to the International Mechanical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IMC®-18 IMC®-24 International Mechanical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(6) The reference to the International Plumbing Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IPC®-18 IPC®-24 International Plumbing Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(7) The reference to the International Residential Code® has been modified to change the edition year to 2018 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IRC®-18 IRC®-24 International Residential Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(8) The referenced standard for NFPA® 70 National Electrical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read:70-23 National Electrical Code® as adopted and modified by the State of Oklahoma through the OUBCC.SUBCHAPTER 12. IFGC® 20182024 [AMENDED]
748:20-12-1. Adoption of the International Fuel Gas Code®, 2018 Edition (IFGC® 20182024 Edition (IFGC® 2024) [AMENDED]
(a) The Oklahoma Uniform Building Code Commission (the "OUBCC") hereby adopts the International Fuel Gas Code®, 2018 2024 Edition (IFGC® 2018 2024), second first printing (April, 2018October 2023), as amended and modified in this subchapter as the statewide minimum code for commercial fuel gas construction in the State of Oklahoma pursuant to 59 O.S. 1000.23.
(b) The OUBCC through formal action expressly chose to adopt the IFGC® 2018 2024 as amended and modified in this subchapter, as the statewide minimum code for commercial fuel gas construction in the State of Oklahoma. In like manner, the OUBCC through formal action expressly chose not to adopt the International Fuel Gas Code®, 2021 Edition (IFGC®, 2021) for any purpose.
(c) The OUBCC has pulled from the ICC website, published errata to the second printing of the IFGC® through July 31, 2019. Any errata Errata published by the ICC for the IFGC® 2024 edition after that date has not been reviewed or incorporated into these rules.
(d) This material contains information which is proprietary to and copyrighted by the International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED.
748:20-12-2. Effect of Adoption [AMENDED]
The IFGC® 2018 2024 as amended and revised by these rules, is hereby established and adopted as the statewide minimum code for commercial fuel gas construction in Oklahoma pursuant to 59 O.S. § 1000.23, and may only be amended or altered by other jurisdictions pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code.
748:20-12-3. IFGC® 20182024 Appendices [AMENDED]
(a) None of the appendices of the IFGC® 2018 2024, have been adopted by the OUBCC for inclusion in the statewide minimum code for commercial fuel gas construction in the State of Oklahoma.
(b) Appendices A through D are not adopted as the statewide minimum code for commercial fuel gas construction within the State of Oklahoma. However, other jurisdictions within the State of Oklahoma may adopt any or all of said appendices in accordance with 59 O.S. § 1000.29.
748:20-12-4. IFGC® 20182024 Provisions Adopted and Modified [AMENDED]
(a) All chapters and provisions within chapters, including exceptions, of the IFGC® 2018 2024 not specifically addressed within these rules as being modified, deleted, moved or removed are hereby adopted without modification as the statewide minimum code for commercial fuel gas construction within the State of Oklahoma pursuant to 59 O.S. § 1000.23. Chapters and provisions within chapters, including exceptions adopted with modifications are specifically addressed in these rules.
(b) To the extent any references in the IFGC® 2018 2024 as amended and modified in this subchapter are made to any other code or standard, the particular edition for that reference is defined in the referenced standards found in the IFGC® 2018 2024 as amended and modified in this subchapter and in Chapter 8 entitled "Referenced Standards."
748:20-12-6. IFGC® 20182024 Chapter 1 Scope and Administration [AMENDED]
Chapter 1 of the Oklahoma adopted IFGC® 2018 2024, includes the following Preamble at the very beginning of the chapter:
(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IFGC® 2018 2024 as amended and revised by the OUBCC, as the statewide minimum code to be used by all entities for commercial fuel gas construction in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IFGC® 2018 2024, is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for commercial fuel gas construction.
(2) All provisions of the adopted IFGC® 2018 2024, including Chapter 1, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for commercial fuel gas construction in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.
(3) Section 106.1.1 105.1.1 Annual permit. This section has been modified to clarify an annual permit is a yearly permit which represents a group of individual permits for each alteration to an already existing electrical, gas, mechanical or plumbing installation. This section shall read: 106.1.1 105.1.1 Annual permit. An annual permit is a yearly permit which represents a group of individual permits for each alteration to an already existing electrical, gas, mechanical or plumbing installation. The building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
(4) Section 106.1.2 105.1.2 Annual permit records. This section has been modified to require the building official to collect the OUBCC permit fee for each individual permit that is part of the annual permit at the completion of the annual permit term. This section has been modified to read: 106.1.2 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such detailed records of alterations at all times. At the completion of the entity's annual permit term, the applicant shall file such detailed records of alterations with the building official. Pursuant to the authority of 59 O.S. § 1000.25, the building official shall collect fees for each individual permit which is part of the annual permit once the detailed records are submitted and remit such fees to the OUBCC.
(5) The OUBCC's adoption of Chapter 1 in this manner is made with the recognition that the legal authority granting state and local code administration and enforcement jurisdictions the power and discretion to administer and enforce codes arises from Oklahoma laws governing those jurisdictions. Furthermore, the OUBCC also recognizes that many state and local code administration and enforcement jurisdictions have already created, or have the lawful authority to create, departments, offices and administrative policies pursuant to various applicable laws and other adopted model codes with "Scope and Administration" provisions similar to Chapter 1 of the adopted IFGC® 2018 2024.
(6) This limited adoption of Chapter 1 is made in recognition of the authority and discretion possessed by jurisdictions to administer and enforce building codes. Exercising such authority and jurisdiction in a manner inconsistent with Chapter 1 must be supported by Oklahoma law. Code administration and enforcement jurisdictions shall not use the OUBCC's limited adoption of Chapter 1 to circumvent the remainder of the requirements established by the Oklahoma adopted IFGC®748:20-12-7. IFGC® 20182024 Chapter 2 Definitions [AMENDED]
Chapter 2 of the Oklahoma adopted IFGC® 2018 2024 is adopted with the following modifications:
(1) The definition of a DISPENSING AREA has been added to clarify multiple references in the code with regard to fuel dispensing. This definition has been added to read: DISPENSING AREA. The appropriate hazardous (classified) locations for the fuel being dispensed in accordance with the National Electrical Code® - NFPA® 70.
(2) The definition of a MAIN RAILROAD TRACK has been added to provide clarity to building code officials. This definition has been added to read: MAIN RAILROAD TRACK. That part of the railway, exclusive of switch tracks, branches, yards, and terminals upon which trains are operated by timetable or train order or both.
748:20-12-8. IFGC® 20182024 Chapter 3 General Regulations [AMENDED]
Chapter 3 of the Oklahoma adopted IFGC® 2018 2024 is adopted with the following modifications:
(1) Section 306.5 Equipment and appliances on roofs or elevated structures. This section has been modified to correlate and add language related to parapet walls that exists in the International Mechanical Code® and add a second exception for when the section would not apply. This section has been modified to read: 306.5 Equipment and appliances on roofs or elevated structures. Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access such equipment or appliances, an interior or exterior means of access shall be provided. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) in height or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). Such access shall not require the use of portable ladders. Where access involves climbing over parapet walls, the height shall be measured to the top of the parapet wall.
(A) Permanent ladders installed to provide the required access shall comply with the following minimum design criteria:
(i) Item 1. The side railing shall extend above the parapet or roof edge or landing platform not less than 30 inches (762 mm).
(ii) Item 2. Ladders shall have rung spacing not to exceed 14 inches (356 mm) on center. The upper-most rung shall be not more than 24 inches (610 mm) below the upper edge of the roof hatch, roof or parapet, as applicable.
(iii) Item 3 Ladders shall have a toe spacing not less than 6 inches (152 mm) deep.
(iv) Item 4. There shall be not less than 18 inches (457 mm) between rails.
(v) Item 5. Rungs shall have a diameter not less than 0.75-inch (19 mm) and be capable of withstanding a 300-pound (136.1 kg) load.
(vi) Item 6. Ladders over 30 feet (9144 mm) in height shall be provided with offset sections and landings capable of withstanding 100 pounds per square foot (488.2 kg divided by meters squared). Landing dimensions shall be not less than 18 inches (457 mm) and not less than the width of the ladder served. A guard rail shall be provided on all open sides of the landing.
(vii) Item 7. Climbing clearance. The distance from the centerline of rungs to the nearest permanent object on the climbing side of the ladder shall be not less than 30 inches (762 mm) measured perpendicular to the rungs. This distance shall be maintained from the point of ladder access to the bottom of the roof hatch. A minimum clear width of 15 inches (381 mm) shall be provided on both sides of the ladder measured from the midpoint of and parallel with the rungs except where cages or wells are installed.
(viii) Item 8. Landing required. The ladder shall be provided with a clear and unobstructed bottom landing area having a minimum dimension of 30 inches (762 mm) by 30 inches (762 mm) centered in front of the ladder.
(ix) Item 9. Ladders shall be protected against corrosion by approved means.
(x) Item 10. Access to ladders shall be provided at all times.
(xi) Item 11. Top landing required. The ladder shall be provided with a clear and unobstructed landing on the exit side of the roof hatch, having a minimum space of 30 inches (762 mm) deep and being the same width as the hatch.(B) Catwalks installed to provide the required access shall be not less than 24 inches (610 mm) wide and shall have railings as required for service platforms. Exceptions:
(i) Exception 1. This section shall not apply to Group R-3 occupancies.
(ii) Exception 2. This section shall not apply to appliance replacement.
(2) Section 306.6 Guards. This section has been modified to clarify the circumstances under which guards shall be provided and to modify the exception to require the authority having jurisdiction approve the use of a fall-restraint system instead of guards. This section has been modified to read: 306.6 Guards. Guards shall be provided where various components that require service are located on a roof or elevated structure and have a condition as set forth in Sections 306.6.1 through 306.6.3. The top of the guard shall be located not less than 42 inches (1067 mm) above the elevated surface adjacent to the guard. The guard shall be constructed so as to prevent the passage of a 21-inch diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code®. Guards shall be provide at new components when added or replaced on existing roof or elevated structure and have a condition as set forth in Sections 306.6.1 through 306.6.3. Exception: When approved by the authority having jurisdiction, guards are not required where permanent fall arrest-restraint anchorage connector devices that comply with ANSI/ASSE Z 359.1 are affixed for use during the entire roof covering lifetime. The devices shall be reevaluated for possible replacement when the entire roof covering is replaced. The devices shall be placed not more than 10 feet (3048 mm) on center along hip and ridge lines and placed not less than 10 feet (3048 mm) from roof edges and the open sides of walking surfaces.
(3) Section 306.6.1 Roof edge. This section has been added to clarify the circumstances required to exist for the installation of guards at the roof edge when the components needing service are within a specific distance of the roof edge. This section has been added to read: 306.6.1 Roof edge. Guards complying with 306.1 shall be provided when components are located within 10 feet (3048 mm) of a roof edge or open side of a walking surface or elevated structure and such edge or open side is located more than 30 inches (762 mm) above the floor, roof, or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of the component that requires service.
(4) Section 306.6.2 Skylights. This section has been added to clarify the circumstances for the installation of guards around components near skylights and to provide exceptions to the requirement. This section has been added to read: 306.6.2 Skylights. Guards complying with Section 306.6 shall be provided when a skylight is within 10 feet (3048 mm) of the component that requires service. The guard shall extend 30 inches (762 mm) beyond the edge of the skylight. Exceptions:
(A) Exception 1. Guards are not required when the skylight is located at least 42 inches (1067 mm) above the highest point of the walking surface adjacent to the skylight or component.
(B) Exception 2. Guards are not required if some other provision for skylight fall-thru protection is provided and approved by the authority having jurisdiction.
(5) Section 306.6.3 Roof hatch. This section has been added to clarify the circumstances for the installation of guards around components installed within a specific distance from the roof hatch. This section has been added to read: 306.6.3 Roof hatch. Guards complying with Section 306.6 shall be provided when a roof hatch is within 10 feet (3048 mm) of the component that requires service. The guard shall extend 30 inches (762 mm) beyond the edge of the roof hatch. If the component is within 10 feet (3048 mm) of the ladder access side of the roof hatch, the guard shall incorporate a self-closing, self-latching gate. The gate shall have a top edge of not less than 42 inches (1067 mm) above the elevated surface adjacent to the gate and shall not allow the passage of a 21 inch (533 mm) sphere. If a roof hatch exists within 10 feet of a roof edge that is located more than 30 inches (762 mm) above the floor, roof or grade below and a new component that requires service on that existing roof or elevated structure, then a guard complying with Section 306.6 shall be added between the existing roof hatch and the roof edge.
(6) Section 307.2. Fuel-burning appliances. This section has been modified to require an acid neutralizer to be installed before discharge of liquid combustion byproducts. This section has been modified to read: 307.2 Fuel-burning appliances. Liquid combustion byproducts of condensing appliances shall be collected and discharged to an approved plumbing fixture or disposal area in accordance with the manufacturer's instructions. Condensate piping shall be of an approved corrosion-resistant material and shall not be smaller than the drain connection on the appliance. Such piping shall maintain a minimum slope in the direction of discharge of not less than one-eighth unit vertical in 12 units horizontal (1-percent slope). The termination of concealed condensate piping shall be marked to indicate whether the piping is connected to the primary drain or to the secondary drain. An acid neutralizer shall be installed before discharge of liquid combustion byproducts.
748:20-12-9. IFGC® 20182024 Chapter 4 Gas Piping Installations [AMENDED]
Chapter 4 of the Oklahoma adopted IFGC® 2018 2024 is adopted with the following modifications:
(1) Section 404.12 Minimum burial depth. This section has been modified to change the minimum burial depth from 12 inches (305 mm) to 18 inches (457 mm) and to allow for an exception when there is no ability to meet that minimum depth. This section has been modified to read: 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457 mm) below grade, except as provided for in Section 404.12.1. Exception: Where a minimum depth of cover cannot be provided, the pipe shall be installed in conduit or bridged (shielded).
(2) Section 412.5 Attendants. This section has been modified to provide an exception to the requirement of an attendant when the dispensing equipment meets the guidelines of NFPA® 58 for a "Low emission transfer." This section has been modified to read: 412.5 Attendants. Motor fuel-dispensing operations shall be conducted by qualified attendants or in accordance with Section 412.9 by persons trained in the proper handling of LP-gas. Exception: When the dispensing equipment meets the guidelines of NFPA® 58 for "Low emission transfer" an attendant is not required.
(3) Section 412.6.1 Low emission transfer. This section has been added to clarify when the dispensing equipment meets the guidelines of NFPA® 58, Section 6.30.5 for "Low emission transfer" then the transfer distance shall be reduced by one-half. This section has been modified to read: 412.6.1 Low emission transfer. When the dispensing equipment is installed in accordance with Section 6.30.5 of NFPA® 58 for "Low emission transfer," the transfer distance requirements in Table 6.7.2.1 and Section 6.27.4.3 of NFPA® 58 shall be reduced by one-half.
(A) Warning sign(s) shall be conspicuously posted within sight of each dispenser in the fuel dispensing area and shall state the following:
(i) No smoking
(ii) Shut off motor
(iii) Flammable Gas
(iv) Natural gas vehicle fuel cylinders shall be inspected at intervals not exceeding 3 years or 36,000 miles to ensure safe operation of the vehicle
(v) Natural gas fuel cylinders past their end-of-life date shall not be refueled and shall be removed from service.
(B) A warning sign with the words "NO SMOKING, FLAMMABLE GAS" shall be posted in all compressor and storage areas.
(C) The lettering on the sign shall be legible and large enough to be visible from each point of transfer.
(D) The service pressure of each dispenser shall be posted in view of the operator.
(A) Self-service CNG-dispensing systems, including key, code and card lock dispensing systems, shall be limited to the filling of approved, permanently mounted fuel containers.
(B) In addition to the requirements in the International Fire Code, the owner of a self-service CNG- dispensing facility shall ensure the safe operation of the system and the training of users.
748:20-12-13. IFGC® 20182024 Chapter 8 Referenced Standards [AMENDED]
Chapter 8 of the Oklahoma adopted IFGC® 2018 2024 is adopted with the following modifications:
(1) The reference to the International Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IBC®-18 IBC®-24 International Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(2) The reference to the International Energy Conservation Code® has been modified to change the edition year to 2006. This section has been modified to read: IECC®-06 International Energy Conservation Code®.
(3) The reference to the International Fire Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFC®-18 IFC®-24 International Fire Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(4) The reference to the International Mechanical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IMC®-18 IMC®-24 International Mechanical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(5) The reference to the International Plumbing Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IPC®-18 IPC®-24 International Plumbing Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(6) The reference to the International Residential Code® has been modified to change the edition year to 2018 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IRC®-18 IRC®-24 International Residential Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(7) The referenced standard for NFPA 70® National Electrical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: 70-23 National Electrical Code® as adopted and modified by the State of Oklahoma through the OUBCC.SUBCHAPTER 14. IMC® 20182024 [AMENDED]
748:20-14-1. Adoption of the International Mechanical Code®, 2018 Edition (IMC® 20182024 Edition (IMC® 2024) [AMENDED]
(a) The Oklahoma Uniform Building Code Commission (the "OUBCC") hereby adopts the International Mechanical Code®, 2018 2024 Edition (IMC® 2018 2024), second first printing (October, 2018June 2023), as amended and modified in this subchapter as the statewide minimum code for commercial mechanical construction in the State of Oklahoma pursuant to 59 O.S. 1000.23.
(b) The OUBCC through formal action expressly chose to adopt the IMC® 2018 2024 as amended and modified in this subchapter, as the statewide minimum code for commercial mechanical construction in the State of Oklahoma. In like manner, the OUBCC through formal action expressly chose not to adopt the International Mechanical Code, 2021 Edition (IMC®, 2021) for any purpose.
(c) The OUBCC has pulled from the ICC website, published errata to the second printing of the IMC® through July 31, 2019. Any errata Errata published by the ICC for the IMC® 2024 edition after that date has not been reviewed or incorporated into these rules.
(d) This material contains information which is proprietary to and copyrighted by the International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED.748:20-14-2. Effect of Adoption [AMENDED]
The IMC® 2018 2024 as amended and revised by these rules, is hereby established and adopted as the statewide minimum code for commercial mechanical construction in Oklahoma pursuant to 59 O.S. § 1000.23, and may only be amended or altered by other jurisdictions pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code.
748:20-14-3. IMC® 20182024 Appendices [AMENDED]
(a) None of the appendices of the IMC® 2018 2024 have been adopted by the OUBCC for inclusion in the statewide minimum code for commercial mechanical construction in the State of Oklahoma.
(b) Appendices A through748:20-14-4. IMC® 20182024 Provisions Adopted and Modified [AMENDED]
(a) All chapters and provisions within chapters, including exceptions, of the IMC® 2018 2024 not specifically addressed within these rules as being modified, deleted, moved or removed are hereby adopted without modification as the statewide minimum code for commercial mechanical construction within the State of Oklahoma pursuant to 59 O.S. § 1000.23. Chapters and provisions within chapters, including exceptions adopted with modifications are specifically addressed in these rules.
(b) To the extent any references in the IMC® 2018 2024 as amended and modified in this subchapter are made to any other code or standard, the particular edition for that reference is defined in the referenced standards found in the IMC® 2018 2024 as amended and modified in this subchapter and in Chapter 15 entitled "Referenced Standards."
748:20-14-6. IMC® 20182024 Chapter 1 Scope and Administration [AMENDED]
Chapter 1 of the Oklahoma adopted IMC® 20182024, includes the following Preamble at the very beginning of the chapter:
(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IMC® 2018 2024 as amended and revised by the OUBCC, as the statewide minimum code to be used by all entities for commercial mechanical construction in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IMC® 2018 2024 is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for commercial mechanical construction.
(2) All provisions of the adopted IMC® 20182024, including Chapter 1, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for commercial mechanical construction in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.
(3) Section 106.1.1 105.1.1 Annual permit. This section has been modified to clarify an annual permit represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. This section shall read: 106.1.1 105.1.1 Annual permit. An annual permit is a yearly permit which represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. The building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
(4) Section 106.1.2 105.1.2 Annual permit records. This section has been modified to require the building official to collect the OUBCC permit fee for each individual permit that is part of the annual permit at the completion of the annual permit term. This section has been modified to read: 106.1.2 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such detailed records of alterations at all times. At the completion of the entity's annual permit term, the applicant shall file such detailed records of alterations with the building official. Pursuant to the authority of 59 O.S. § 1000.25, the building official shall collect fees for each individual permit which is part of the annual permit once the detailed records are submitted and remit such fees to the OUBCC.
(5) The OUBCC's adoption of Chapter 1 in this manner is made with the recognition that the legal authority granting state and local code administration and enforcement jurisdictions the power and discretion to administer and enforce codes arises from Oklahoma laws governing those jurisdictions. Furthermore, the OUBCC also recognizes that many state and local code administration and enforcement jurisdictions have already created, or have the lawful authority to create, departments, offices and administrative policies pursuant to various applicable laws and other adopted model codes with "Scope and Administration" provisions similar to Chapter 1 of the adopted IMC® 20182024.
(6) This limited adoption of Chapter 1 is made in recognition of the authority and discretion possessed by jurisdictions to administer and enforce building codes. Exercising such authority and jurisdiction in a manner inconsistent with Chapter 1 must be supported by Oklahoma law. Code administration and enforcement jurisdictions shall not use the OUBCC's limited adoption of Chapter 1 to circumvent the remainder of the requirements established by the Oklahoma adopted IMC® 748:20-14-8. IMC® 20182024 Chapter 3 General Regulations [AMENDED]
Chapter 3 of the Oklahoma adopted IMC® 2018 2024 is adopted with the following modifications:
(1) Section 301.15 Wind resistance. This section has been modified to allow design and installation of equipment and appliances that are exposed to wind to be built in accordance with SMACNA HVAC Duct Construction Standards - Metal and Flexible and other approved methods. This section has been modified to read: 301.15 Wind resistance. Mechanical equipment, appliances and supports that are exposed to wind shall be designed and installed to resist the wind pressures determined in accordance with the International Building Code®, SMACNA HVAC Duct Construction Standards - Metal and Flexible, and other approved methods.
(2) Section [BE] 304.11 Guards. This section has been modified to clarify the circumstances under which guards shall be provided around components and to modify the exception to require the authority having jurisdiction approve the use of a fall/restraint system instead of guards. This section has been modified to read: [BE] 304.11 Guards. Guards shall be provided where various components that require service located on a roof or elevated structure and have a condition as set forth in Sections 304.11.1 through 304.11.3. The top of the guard shall be located not less than 42 inches (1067 mm) above the elevated surface adjacent to the guard. The guard shall be constructed so as to prevent the passage of a 21- inch diameter (533 mm) sphere and shall comply with the loading requirements for guards as specified in the International Building Code®. Guards shall be provided at new components when added or replaced on an existing roof or elevated structure and have a condition as set forth in Sections 304.11.1 through 304.11.3. Exception: When approved by the authority having jurisdiction, guards are not required where permanent fall arrest/restraint anchorage connector devices that comply with ANSI/ASSE Z 359.1 are affixed for use during the entire roof covering lifetime. The devices shall be reevaluated for possible replacement when the entire roof covering is replaced. The devices shall be placed not more than 10 feet (3048 mm) on center along hip and ridge lines and placed not less than 10 feet (3048 mm) from roof edges and the open sides of walking surfaces.
(3) Section 304.11.1 Roof edge. This section has been added to clarify the circumstances required to exist for the installation of guards at the roof edge when the components needed service are within a specific distance of the roof edge. This section has been added to read: 304.11.1 Roof edge. Guards complying with 304.11 shall be provided when components are located within 10 feet (3048 mm) of a roof edge or open side of a walking surface or elevated structure and such edge or open side is located more than 30 inches (762 mm) above the floor, roof, or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of the component that requires service.
(4) Section 304.11.2 Skylights. This section has been added to clarify the circumstances for the installation of guards around components near skylights and to provide exceptions to the requirement. This section has been added to read: 304.11.2 Skylights. Guards complying with Section 304.11 shall be provided when a skylight is within 10 feet (3048 mm) of the component that requires service. The guard shall extend 30 inches (762 mm) beyond the edge of the skylight. Exceptions:
(A) Exception 1. Guards are not required when the skylight is located at least 42 inches (1067 mm) above the highest point of the walking surface adjacent to the skylight or component.
(B) Exception 2. Guards are not required if some other provision for skylight fall-through protection is provided and approved by the authority having jurisdiction.
(5) Section 304.11.3 Roof hatch. This section has been added to clarify the circumstances for the installation of guards around components installed within a specific distance from the roof hatch. This section has been added to read: 304.11.3 Roof hatch. Guards complying with Section 304.11 shall be provided when a roof hatch is within 10 feet (3048 mm) of the component that requires service. The guard shall extend 30 inches (762 mm) beyond the edge of the roof hatch. If the component is within 10 feet (3048 mm) of the ladder access side of the roof hatch, the guard shall incorporate a self-closing, self-latching gate. The gate shall have a top edge of not less than 42 inches (1067 mm) above the elevated surface adjacent to the gate and shall not allow the passage of a 21 inch 21-inch (533 mm) sphere. If a roof hatch exists within 10 feet of a roof edge that is located more than 30 inches (762 mm) above the floor, roof or grade below and a new component that requires service on that existing roof or elevated structure, then a guard complying with Section 304.11 shall be added between the existing roof hatch and the roof edge.
(6) Section 305.5.1 305.5.2 Location and protection of refrigerant piping. This section has been added to provide protection for refrigerant piping installed within 1 1/2 inches (38 mm) of the underside of roof decks. This section shall read: 305.5.1 305.5.2 Location and protection of refrigerant piping. Refrigerant piping installed within 1 1/2 inches (38 mm) of the underside of roof decks shall be protected from damage caused by nails and other fasteners.
(7) Section 306.5 Equipment and appliances on roofs or elevated structures. This section has been modified to add a second exception for when the section would not apply. This section has been modified to read: 306.5 Equipment and appliances on roofs or elevated structures: Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access such equipment or appliances, an interior or exterior means of access shall be provided. Such access shall not require climbing over obstructions greater than 30 inches (762 mm) in height or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). Such access shall not require the use of portable ladders. Where access involves climbing over parapet walls, the height shall be measured to the top of the parapet wall.
(A) Permanent ladders installed to provide the required access shall comply with the following minimum design criteria:
(i) Item 1. The side railing shall extend above the parapet or roof edge or landing platform not less than 30 inches (762 mm).
(ii) Item 2. Ladders shall have rung spacing not to exceed 14 inches (356 mm) on center. The upper-most rung shall be not more than 24 inches (610 mm) below the upper edge of the roof hatch, roof or parapet, as applicable.
(iii) Item 3. Ladders shall have a toe spacing not less than 6 inches (152 mm) deep.
(iv) Item 4. There shall be not less than 18 inches (457 mm) between rails.
(v) Item 5. Rungs shall have a diameter not less than 0.75-inch (19 mm) and be capable of withstanding a 300-pound (136.1 kg) load.
(vi) Item 6. Ladders over 30 feet (9144 mm) in height shall be provided with offset sections and landings capable of withstanding 100 pounds per square foot (488.2 kg divided by meters squared). Landing dimensions shall be not less than 18 inches (457 mm) and not less than the width of the ladder served. A guard rail shall be provided on all open sides of the landing.
(vii) Item 7. Climbing clearance. The distance from the centerline of rungs to the nearest permanent object on the climbing side of the ladder shall be not less than 30 inches (762 mm) measured perpendicular to the rungs. This distance shall be maintained from the point of ladder access to the bottom of the roof hatch. A minimum clear width of 15 inches (381 mm) shall be provided on both sides of the ladder measured from the midpoint of and parallel with the rungs except where cages or wells are installed.
(viii) Item 8. Landing required. The ladder shall be provided with a clear and unobstructed bottom landing area having a minimum dimension of 30 inches (762 mm) by 30 inches (762 mm) centered in front of the ladder.
(ix) Item 9. Ladders shall be protected against corrosion by approved means.
(x) Item 10. Access to ladders shall be provided at all times.
(xi) Item 11. Top landing required. The ladder shall be provided with a clear and unobstructed landing on the exit side of the roof hatch, having a minimum space of 30 inches (762 mm) deep and being the same width as the hatch.(B) Catwalks installed to provide the required access shall be not less than 24 inches (610 mm) wide and shall have railings as required for service platforms. Exceptions:
(i) Exception 1. This section shall not apply to Group R-3 occupancies.
(ii) Exception 2. This section shall not apply to appliance replacement.
(8) Section 307.1 Fuel-burning appliances. This section has been modified to require an acid neutralizer to be installed before discharge of liquid combustion byproducts. This section has been modified to read: 307.1 Fuel-burning appliances. Liquid combustion byproducts of condensing appliances shall be collected and discharged to an approved plumbing fixture or disposal area in accordance with the manufacturer's installation instructions. Condensate piping shall be of approved corrosion-resistant material and shall not be smaller than the drain connection on the appliance. Such piping shall maintain a minimum horizontal slope in the direction of discharge not less than one-eighth unit vertical in 12 units horizontal (1-percent slope). An acid neutralizer shall be installed before discharged of liquid combustion byproduct.
748:20-14-10. IMC® 20182024 Chapter 5 Exhaust Systems [AMENDED]
Chapter 5 of the Oklahoma adopted IMC® 2018 2024 has been is adopted with the following modifications:
(1) Section 502.15 Repair garages. This section has been modified to require compliance with Section 2311.4.3 of the International Fire Code® when designing basement or pit ventilation. This section has been modified to read: 502.15 Repair garages. Where Class I liquids or LP-gas are stored or used within a building having a basement or pit wherein flammable vapors could accumulate, the basement or pit shall be provided with ventilation designed in accordance with Section 2311.4.3 of the International Fire Code® to prevent the accumulation of flammable vapors therein.
(2) Section 506.3.1.1 Grease duct materials. This section has been added to clarify the language between the code and NFPA® 96 regarding the type of steel to be utilized. This section has been modified to read: 506.3.1.1 Grease duct materials. Grease ducts serving Type I hoods shall be constructed of non-galvanized carbon steel having a minimum thickness of 0.0575 inch (1.463 mm) (No. 16 gage guage) or stainless steel not less than 0.0450 inch (1.14 mm) (No. 18 gage guage) in thickness. Exception: Factory-built commercial kitchen grease ducts listed and labeled in accordance with UL 1978 and installed in accordance with Section 304.1.
(3) Section 507.2. Type I hoods. This section has been modified to add an additional exception for installation of Type II hoods when specific conditions are met. This section has been modified to read: 507.2 Type I hoods. Type I hoods shall be installed where cooking appliances produce grease or smoke as a result of the cooking process. Type I hoods shall be installed over medium-duty, heavy-duty, and extra-heavy-duty cooking appliances. Exceptions:
(A) Item 1. A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains 5 mg per cubic meter when tested at an exhaust flow rate of 500 cfm (0.236 cubic meters per second) in accordance with UL 710B.
(B) Item 2. Where approved, a Type II hood equipped with a suppression system listed in accordance with UL 300A, or meeting the requirements of ICC-ES LC 1031, shall be permitted in new construction and renovation of adult day care facilities or child day care facilities having an occupant load of 16 or less, with a single domestic Medium Duty Cooking Appliance, utilized for warming food only.
748:20-14-11. IMC® 20182024 Chapter 6 Duct Systems [AMENDED]
Chapter 6 of the Oklahoma adopted IMC® 2018 2024 has been is adopted with the following modification: Section 604.1 General. This section has been modified to add a requirement to duct insulation to conform to SMACNA HVAC Duct Construction Standards - Metal and Flexible. This section has been modified to read: 604.1 General. Duct insulation shall conform to the requirements of Sections 604.2 through 604.13, the International Energy Conservation Code® and SMACNA HVAC Duct Construction Standards - Metal and Flexible.
748:20-14-13. IMC® 2018 Chapter 8 Chimneys and Vents [REVOKED]
748:20-14-16. IMC® 20182024 Chapter 11 Refrigeration [AMENDED]
Chapter 11 of the Oklahoma adopted IMC® 2018 2024 has been is adopted with the following modification modifications:
(1) Section 1102.3 Access port protection. This section has been stricken from the code.
(2) Section 1109.2.5 Refrigerant pipe shafts. This section has been amended to remove the requirement for exception 2 to apply to only Group A-1 refrigerants. This section has been modified to read: 1109.2.5 Refrigerant pipe shafts. Refrigerant piping that penetrates two or more floor/ceiling assemblies shall be enclosed in a fire-resistance-rated shaft enclosure. The fire-resistance shaft enclosure shall comply with Section 713 of the International Building Code®. Exceptions:
(A) Exception 1. Refrigeration systems using R-718 refrigerant (water).
(B) Exception 2. Piping in a direct refrigeration system where the refrigerant quantity does not exceed the limits of Table 1103.1 for the smallest occupied space through which the piping passes.
(C) Exception 3. Piping located on the exterior of the building where vented to the outdoors.
748:20-14-19. IMC® 2018 Chapter 14 Solar Thermal Systems [REVOKED]
748:20-14-20. IMC® 20182024 Chapter 15 Referenced Standards [AMENDED]
Chapter 15 of the Oklahoma adopted IMC® 2018 2024 is adopted with the following modifications:
2006 2017 edition, Outline of Investigation for Extinguishing System Units for Residential Range Top Cooking Surfaces, has been added to the IMC. This reference has been added to read: 300A-06 300A-17 Outline of Investigation for Extinguishing System Units for Residential Range Top Cooking Surfaces: Code reference section: 507.2.
(1) The reference to the International Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IBC®-2018 IBC®-24 International Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(2) The reference to the International Energy Conservation Code® has been modified to change the edition year to 2006. This section has been modified to read: IECC®-06 International Energy Conservation Code®.
(3) The reference to the International Fire Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFC®-2018 IFC®-24 International Fire Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(4) The reference to the International Fuel Gas Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFGC®-2018 IFGC®-24 International Fuel Gas Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(5) The reference to the International Plumbing Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IPC®-2018 IPC®-24 International Plumbing Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(6) The reference to the International Residential Code® has been modified to change the edition year to 2018 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IRC®-18 IRC®-24 International Residential Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(7) The referenced standard for NFPA® 70 National Electrical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: 70-23 National Electrical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(8) The referenced standard "UL 300ASUBCHAPTER 16. IPC® 20182024 [AMENDED]
748:20-16-1. Adoption of the International Plumbing Code®, 2018 Edition (IPC® 20182024 Edition (IPC® 2024) [AMENDED]
(a) The Oklahoma Uniform Building Code Commission (the "OUBCC") hereby adopts the International Plumbing Code®, 2018 2024 Edition (IPC® 2018 2024), second first printing (February, 2018June 2023), as amended and modified in this subchapter as the statewide minimum code for commercial plumbing construction in the State of Oklahoma pursuant to 59 O.S. 1000.23.
(b) The OUBCC through formal action expressly chose to adopt the IPC® 2018 2024 as amended and modified in this subchapter, as the statewide minimum code for commercial plumbing construction in the State of Oklahoma. In like manner, the OUBCC through formal action expressly chose not to adopt the International Plumbing Code®, 2021 Edition (IPC®, 2021) for any purpose.
(c) The OUBCC has pulled from the ICC website, published errata to the second printing of the IPC® through July 31, 2019. Any errata Errata published by the ICC for the IPC® 2024 edition after that date has not been reviewed or incorporated into these rules.
(d) This material contains information which is proprietary to and copyrighted by the International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED.748:20-16-2. Effect of Adoption [AMENDED]
The International Plumbing Code®, 2018 2024 Edition (IPC® 2018 2024), as amended and revised by these rules, is hereby established and adopted as the statewide minimum code for commercial plumbing construction in Oklahoma pursuant to 59 O.S. § 1000.23, and may only be amended or altered by other jurisdictions pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code.
748:20-16-3. IPC® 20182024 Appendices [AMENDED]
(a) None of the appendices of the IPC® 2018 2024 have been adopted by the OUBCC for inclusion in the statewide minimum code for commercial plumbing construction in the State of Oklahoma.
(b) Appendices A through748:20-16-4. IPC® 20182024 Provisions Adopted and Modified [AMENDED]
(a) All chapters and provisions within chapters, including exceptions, of the IPC® 2018 2024 not specifically addressed within these rules as being modified, deleted, moved or removed are hereby adopted without modification as the statewide minimum code for commercial plumbing construction within the State of Oklahoma pursuant to 59 O.S. § 1000.23. Chapters and provisions within chapters, including exceptions adopted with modifications are specifically addressed in these rules.
(b) To the extent any references in the IPC®748:20-16-6. IPC® 20182024 Chapter 1 Scope and Administration [AMENDED]
Chapter 1 of the Oklahoma adopted IPC® 2018 2024, includes the following Preamble at the very beginning of the chapter:
(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IPC® 2018 2024 as amended and revised by the OUBCC, as the statewide minimum code to be used by all entities for commercial plumbing construction in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IPC® 2018 2024 is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for commercial plumbing construction.
(2) All provisions of the adopted IPC® 2018 2024, including Chapter 1, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for commercial plumbing construction in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.
(3) Section 106.1.1 105.1.1 Annual permit. This section has been modified to clarify an annual permit is a yearly permit which represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. This section shall read: 106.1.1 105.1.1 Annual permit. An annual permit is a yearly permit which represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. The building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
(4) Section 106.1.2 105.1.2 Annual permit records. This section has been modified to require the building official to collect the OUBCC permit fee for each individual permit that is part of the annual permit at the completion of the annual permit term. This section has been modified to read: 106.1.2 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such detailed records of alterations at all times. At the completion of the entity's annual permit term, the applicant shall file such detailed records of alterations with the building official. Pursuant to the authority of 59 O.S. § 1000.25, the building official shall collect fees for each individual permit which is part of the annual permit once the detailed records are submitted and remit such fees to the OUBCC.
(5) The OUBCC adoption of Chapter 1 in this manner is made with the recognition that the legal authority granting state and local code administration and enforcement jurisdictions the power and discretion to administer and enforce codes arises from Oklahoma laws governing those jurisdictions. Furthermore, the OUBCC also recognizes that many state and local code administration and enforcement jurisdictions have already created, or have the lawful authority to create, departments, offices and administrative policies pursuant to various applicable laws and other adopted model codes with "Scope and Administration" provisions similar to Chapter 1 of the adopted IPC® 2018 2024.
(6) This limited adoption of Chapter 1 is made in recognition of the authority and discretion possessed by jurisdictions to administer and enforce building codes. Exercising such authority and jurisdiction in a manner inconsistent with Chapter 1 must be supported by Oklahoma law. Code administration and enforcement jurisdictions shall not use the OUBCC'S limited adoption of Chapter 1 to circumvent the remainder of the requirements established by the Oklahoma adopted IPC®748:20-16-7. IPC® 20182024 Chapter 2 Definitions [AMENDED]
Chapter 2 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modification: The definition of a BUILDING DRAIN has been modified to align with the industry standard where the site sewer (civil) picks up 5 feet outside of the building. This definition has been modified to read: BUILDING DRAIN. That part of the lowest piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside and that extends 5 feet (1524 mm) in developed length of pipe beyond the exterior walls of the building and conveys the drainage to the building sewer.
(1) Combined. A building drain that conveys both sewage and storm water or other drainage.
(2) Sanitary. A building drain that conveys sewage only.
(3) Storm. A building drain that conveys storm water or other drainage, but not sewage.
748:20-16-8. IPC® 20182024 Chapter 3 General Regulations [AMENDED]
Chapter 3 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modifications:
(1) Section 305.3 Pipes through foundations walls. This section has been modified to require the relieving arch or pipe sleeve pipe to conform with the materials and standards listed in Table 702.2 or as approved by the authority having jurisdiction. This section has been modified to read: 305.3 Pipes through foundation walls. Any pipe that passes through a foundation wall shall be provided with a relieving arch or pipe sleeve pipe shall be built into the foundation wall. The relieving arch or pipe sleeve shall conform to one of the materials and standards listed in Table 702.2, or as approved. The sleeve shall be two pipe sizes greater than the pipe passing through the wall.
(2) Section 305.4.1 Sewer depth. This section has been modified to include a depth for the septic tank connection unless otherwise approved by the authority having jurisdiction. This section has been modified to read: 305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 12 inches (305 mm) or as approved by the authority having jurisdiction below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches (305 mm) below grade.
(3) Section 305.6 Protection against physical damage. This section has been modified to change distance in concealed locations where piping, other than cast-iron or galvanized steel, is installed through holes or notches in studs, joists, rafters or similar members from less than 1 and a quarter inches to less than 1 and one half inches from the nearest edge of the member or the pipe will be protected by steel shield plates. This section has been modified to read: 305.6 Protection against physical damage. In concealed locations, where piping, other than cast-iron or galvanized steel, is installed through holes or notches in studs, joists, rafters or similar members less than 1 and one-half inches (38 mm) from the nearest edge of the member, the pipe shall be protected by steel shield plates. Such shield plates shall have a thickness of not less than 0.0575 inch (1.463 mm) (No. 16 gage guage). Such plates shall cover the area of the pipe where the member is notched or bored, and shall extend not less than 2 inches (51 mm) above sole plates and below top plates.
(4) Section 312.2 Drainage and vent water test. This section has been modified to change the test from a requirement of a 10 foot 10-foot (3048 mm) head of water to a requirement of a 5 foot 5-foot (1524 mm) head of water. This section has been modified to read: 312.2 Drainage and vent water test. A water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest openings of the section under test, and each section shall be filled with water, but no section shall be tested with less than a 5 foot 5-foot (1524 mm) head of water. In testing successive sections, at least the upper 5 feet 5-feet (1524 mm) of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 5 feet 5-feet (1524 mm) of the system, shall have been submitted to a test of less than a 5 foot 5-foot (1524 mm) head of water. This pressure shall be held for at least 15 minutes. The system shall then be tight at all points.
(5) Section 312.3 Drainage and vent air test. This section has been modified to change the equivalent pressure for the inches of mercury to match the feet of water change made for the drainage and vent test. This section has been modified to read: 312.3 Drainage and vent air test. Plastic piping shall not be tested using air. An air test shall be made by forcing air into the system until there is a uniform gauge pressure of 2.5 psi (17.25 kPa) or sufficient to balance a 5-inch (127 mm) column of mercury. This test shall be held for a period of not less than 15 minutes. Any adjustments to the test pressure required because of changes in ambient temperatures or the seating of gaskets shall be made prior to the beginning of the test period.
(6) 312.6 Gravity sewer test. This section has been modified to allow the authority having jurisdiction to determine if this test is required and change the test from a 10 foot 10-foot (3048 mm) head of water test to a 5 foot 5-foot (1024 mm) head of water test. This section has been modified to read: 312.6 Gravity sewer test. Where required, gravity sewer tests shall consist of plugging the end of the building sewer at the point of connection with the public sewer, filling the building sewer with water, testing with not less than a 5 foot 5-foot (1024 mm) head of water and maintaining such pressure for 15 minutes.
(7) Section 312.10.1 312.11.1 Inspections. This section has been modified to allow for third-party inspections to be accepted by the code official. This section has been modified to read: 312.10.1 312.11.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable, in accordance with Chapter 1, Sections 104.3 and 105.3.2.
(8) Section 314.1 Fuel-burning appliances. This section has been modified to require an acid neutralizer to be installed before discharge of liquid combustion byproducts. This section has been modified to read: 314.1 Fuel-buring applicances. Liquid combustion byproducts of condensing appliances shall be collected and discharged to an approved plumbing fixture or disposal area in accordance with the manufacturer's instructions. Condensate piping shall be of approved corrosion-resistant material and shall not be smaller than the drain connection on the appliance. Such piping shall maintain a horizontal slope in the direction of discharged of not less than one-eighth unit vertical in 12 units horizontal (1-percent slope). An acid neutralizer shall be installed before discharged of liquid combustion byproducts.
748:20-16-9. IPC® 20182024 Chapter 4 Fixtures, Faucets and Fixture Fittings [AMENDED]
Chapter 4 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modifications:
(1) 403.1 Minimum number of fixtures. This section has been modified to add an exception for buildings and facilities intended to be unoccupied when approved by the building code official. This section has been modified to read: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided in the minimum number as shown in Table 403.1, based on the actual use of the building or space. Uses not shown in Table 403.1 shall be considered individual by the code official. The number of occupants shall be determined by the International Building Code®. Exception: Plumbing fixtures shall not be required for buildings and facilities intended to be unoccupied and as approved by the code official such as, but not limited to, personal self-storage bays, shipping containers used only for on-site storage of materials, and structures housing equipment.
(A) Exception 1. Group A occupancies that are part of an overall Group E occupancy need not have directional signage.
(B) Exception 2. Private-use Group B occupancies need not have directional signage.
(4) Section 410.4 Substitution. This section has been modified to allow a water dispenser connected to the potable water distribution system and drainage system to be permitted to be substituted for the required drinking fountain in occupancy Group Groups A, B, F, M, I-4, and S with an occupant load of less than 50 or fewer. This section has been modified to read: 410.4 Substitution. Where restaurants provide drinking water in a container free of charge, drinking fountains shall not be required in those restaurants. In occupancy Group B, F, M, I-4 and S, with an occupant load less than 50, where drinking fountains are required, a water dispenser connected to the potable water distribution system shall be permitted to be substituted for the required drinking fountain. In occupancies other than restaurants other occupancies where three or more drinking fountains are required, water dispensers shall be permitted to be substituted for not more than 50 percent of the required number of drinking fountains. Exceptions:
(A) Exception 1. In Group A use with an occupant load of 50 or fewer where facilities are provided for the consumption of food or beverage and a container is provided free of charge, a water dispenser connected to the potable water distribution and drainage system shall be permitted to be substituted for the required drinking fountain. Water dispensers shall not be portable.
(B) Exception 2. In Group B, F, M, I-4, and S occupancies with an occupant load of 50 or fewer a water dispenser connected to the potable water distribution system and the drainage system shall be permitted to be substituted for the required drinking fountain. Water dispensers shall not be portable.
748:20-16-11. IPC® 20182024 Chapter 6 Water Supply and Distribution [AMENDED]
Chapter 6 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modifications:
(1) Section 602.1.1 IAPMO Water Demand Calculator. This section has been added to provide an alternative method for determining water system demands in lieu of the standard Chapter 6 values. This section has bene added to read: 602.1.1 Water demand calculator. Where applicable the applicant may use the IAPMO Water Demand Calculator as an approved alternate method to determine system water demands, in lieu of the standard Chapter 6 value, provided the calculated demand meets the minimum pressure and/or flow requirements under Section 604.
(3) Section 604.1.1 IAPMO Water Demand Calculator. This section has been added to allow for the design of the water distribution systems to be based on either the methods in Chapter 6 or by utilizing the International Association of Plumbing and Mechanical Officials Water Demand Calculator. This section has been added to read: 604.1.1. IAPMO Water demand calculator. Design of water distribution systems shall be based on either (1) methods prescribed in Chapter 6 and/or (2) demand figures obtained using the IAPMO Water Demand Calculator, provided all design criteria in Chapter 6 are satisfied.
748:20-16-12. IPC® 20182024 Chapter 7 Sanitary Drainage [AMENDED]
Chapter 7 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modifications modification: (1) Section 705.10.2 Solvent cementing. This section has been modified to delete the exceptions for not using primer under certain conditions remove the words "both of," in the exception to clarify there are more than two conditions for when a primer is not required. This section has been modified to read: 705.10.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. A purple primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D 2855. Solvent-cement joints shall be permitted above or below ground. Exception: A primer is not required where the following conditions apply:
(1) The solvent cement used is third-party certified as conforming to ASTM D2564.
(2) The solvent cement is used for joining PVC drain, waste and vent pipe and fittings in non-pressure applications in sizes up to and including 4 inches (102 mm) in diameter.
(3) The joint is made in accordance with ASTM F3328.748:20-16-13. IPC 2018 Chapter 8 Indirect/Special Waste [REVOKED]
748:20-16-14. IPC® 20182024 Chapter 9 Vents [AMENDED]
Chapter 9 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modifications:
(2) Section 919.1 General. This section has been modified to address errata published by the ICC® to correct a specified section reference from "Section 105.3" to "Section 316." This section has been modified to read: 919.1 General. Engineered vent systems shall comply with this section and the design, submittal, approval, inspection and testing requirements of Section 316.
(1) Section 903.1 903.1.1 Roof extension unprotected. This section has been modified to specify the number of inches where the open vent pipes that extend through the roof shall be terminated. This section has been modified to read: 903.1 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 10 inches (254 mm) above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purpose, open vent pipes shall terminate not less than 7 feet (2134 mm) above the finished occupiable surface within 10 feet (3048 mm) horizontal distance.
(2) Section 903.1.2 Roof used for recreation or assembly places. This section has been modified to clarify when the roof is used as a recreation or assembly place, open vent pipes shall terminate above the finished occupiable space within 10 feet (3048 mm) horizontal distance. This section has been modified to read: 903.1.2 Roof used for recreation assembly places. Where a roof is to be used as a promenade, restaurant, bar, or sunbathing deck, as an observation deck or similar purpose, open vent pipes shall terminate not less than 7 feet (2134 mm) above the finished occupiable surface within 10 feet (3048 mm) horizontal distance.
748:20-16-15. IPC® 2024 Chapter 10 Traps, Interceptors, and Separators [AMENDED]
Chapter 10 of the Oklahoma adopted IPC ® 2018 2024 is adopted with the following modification: Section 1003.4 Oil separators required. This section has been modified to add a second exception to the requirement for installing an oil separator. This section has been modified to read: 1003.4 Oil separators required. At repair garages where floor or trench drains are provided, car washing facilities, factories where oily and flammable liquid wastes are produced and hydraulic elevator pits, oil separators shall be installed into which oil-bearing, grease-bearing or flammable wastes shall be discharged before emptying into the building drainage system or other point of disposal. Exceptions:
(1) An oil separator is not required in hydraulic elevator pits where an approved alarm system is installed. Such alarm systems shall not terminate the operation of pumps utilized to maintain emergency operation of the elevator by fire fighters.
(2) Oil separators shall not be required in a non-hydraulic elevator pit.
748:20-16-16. IPC® 20182024 Chapter 11 Storm Drainage [AMENDED]
Chapter 11 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modifications modification:
(1) Section 1101.7 Roof design. This section has been modified to change the section number for the requirement to accommodate the design rate for secondary roof drainage from Section 1106 to Section 1108. This section has been modified to read: 1101.7 Roof design. Roofs shall be designed for the maximum possible depth of water that will pond thereon as determined by the relative levels of roof deck and overflow weirs, scuppers, edges or serviceable drains in combination with the deflected structural elements. In determining the maximum possible depth of water, all primary roof drainage means shall be assumed to be blocked. The maximum possible depth of water on the roof shall include the height of the water required above the inlet of the secondary roof drainage means to achieve the required flow rate of secondary drainage means to accommodate the design rainfall rate as required by Section 1108.
(2) Section 1101.9 Backwater valves. This section has been modified to address errata published by the ICC® to correct a specified section reference from "715" to "714". This section has been modified to read: 1101.9 Backwater valves. Storm drainage systems shall be provided with backwater valves as required for sanitary drainage systems in accordance with Section 714.
(3) Table 1108.1 Size of Secondary Scuppers for a 10.2-inch Per Hour Rate of Rainfall. This table has been added to provide sizing guidance for secondary scuppers for a 10.2-inch per hour rate of rainfall. The table has been added to read: Table 1108.1 Size of Secondary Scuppers for a 10.2-inch Per Hour Rate of Rainfall. The table contains 5 rows and 2 columns. The second column contains seven sub-columns. The table is described
(A) Row 1 is the header row and contains the following headings:
(i) Row 1, column 1, is entitled "Head in inches."
(ii) Row 1, column 2 is entitled "Horizontally Projected Roof areas (Square Feet) Length of Weir in inches."
(I) Row 1, column 2, subcolumn 1 is entitled "4."
(II) Row 1, column 2, subcolumn 2 is entitled "6."
(III) Row 1, column 2, subcolumn 3 is entitled "8."
(IV) Row 1, column 2, subcolumn 4 is entitled "12."
(V) Row 1, column 2, subcolumn 5 is entitled "16."
(VI) Row 1, column 2, subcolumn 6 is entitled "20."
(VII) Row 1, column 2 subcolumn 7 is entitled "24."
(B) Row 2 contains the following information in both of the columns listed in header row 1:
(i) Row 2, column 1 lists the Head in inches number "1."
(ii) Row 2, column 2 lists the following in each of the seven subcolumns:
(I) Row 2, column 2, subcolumn 1 entitled "4" lists "112."
(II) Row 2, column 2, subcolumn 2 entitled "6" lists "169."
(III) Row 2, column 2, subcolumn 3 entitled "8" lists "226."
(IV) Row 2, column 2, subcolumn 4 entitled "12" lists "339."
(V) Row 2, column 2, subcolumn 5 entitled "16" lists "452."
(VI) Row 2, column 2 subcolumn 6 entitled "20" lists "565."
(VII) Row 2, column 2, subcolumn 7 entitled "24" lists "678."
(C) Row 3 contains the following information in both of the columns listed in header row 1:
(i) Row 3, column 1 lists the Head in inches number "2."
(ii) Row 3, column 2 lists the following in each of the seven subcolumns:
(I) Row 3, column 2, subcolumn 1 entitled "4" lists "314."
(II) Row 3, column 2, subcolumn 2 entitled "6" lists "471."
(III) Row 3, column 2, subcolumn 3 entitled "8" lists "628."
(IV) Row 3, column 2, subcolumn 4 entitled "12" lists "942."
(V) Row 3, column 2, subcolumn 5 entitled "16" lists "1256."
(VI) Row 3, column 2 subcolumn 6 entitled "20"lists "1571."
(VII) Row 3, column 2, subcolumn 7 entitled "24" lists "1885."
(D) Row 4 contains the following information in both of the columns listed in header row 1:
(i) Row 4, column 1 lists the Head in inches number "3."
(ii) Row 4, column 2 lists the following in each of the seven subcolumns:
(I) Row 4, column 2, subcolumn 1 entitled "4" lists "565."
(II) Row 4, column 2, subcolumn 2 entitled "6" lists "848."
(III) Row 4, column 2, subcolumn 3 entitled "8" lists "1130."
(IV) Row 4, column 2, subcolumn 4 entitled "12" lists "1696."
(V) Row 4, column 2, subcolumn 5 entitled "16" lists "2262."
(VI) Row 4, column 2 subcolumn 6 entitled "20" lists "2828."
(VII) Row 4, column 2, subcolumn 7 entitled "24" lists "3393."
(E) Row 5 contains the following information in both of the columns listed in header row 1:
(i) Row 5, column 1 lists the Head in inches number "4."
(ii) Row 5, column 2 lists the following in each of the seven subcolumns:
(I) Row 5, column 2, subcolumn 1 entitled "4" lists "879."
(II) Row 5, column 2, subcolumn 2 entitled "6" lists "1319."
(III) Row 5, column 2, subcolumn 3 entitled "8" lists "1759."
(VI) Row 5, column 2, subcolumn 4 entitled "12" lists "2637."
(V) Row 5, column 2, subcolumn 5 entitled "16" lists "3519."
(VI) Row 5, column 2 subcolumn 6 entitled "20" lists "4399."
(VII) Row 2, column 2, subcolumn 7 entitled "24" lists "5279."
(F) Beneath the table the following should be added: For SI: 1 inch equals 25.4 mm. Notes:
(i) To adjust this table for other than a 10.2-inch design rain fall rate multiply the square footage on the table by 10.2 then divide by the design rainfall rate.
(ii) This table does not apply to scuppers with a vertical opening height that is less than the head height. Example: For 4 inches of design rainfall rate, a 4-inch long scupper with a 1-inch head would accommodate 286 square feet. (112 times 10.2) divided by 4 equals 286.
(4) Section 1108.3 Sizing of secondary drains. This section has been modified to include the use of scuppers or increase the sizing of secondary drains to accommodate rainfalls of 10.2 inches per hour and includes minimum design loads clarify the sizing of secondary drains will be based on the rainfall rates established by the National Oceanic and Atmospheric Precipitation Frequency Data Server (PFDS) for a 15-minute rainfall rate at the nearest station based on the risk categories given in Table 1161.1 in the International Building Code®. This section has been modified to read: 1108.3 Sizing of secondary drains. Secondary (emergency) roof drain systems or scuppers shall be sized in accordance with Section 1108 1106 based on a rainfall rate of 10.2 inches per hour. In sizing secondary roof drain systems using Tables 1106.2, 1106.3 and 1106.6, the Horizontally Projected Roof Area shall be determined by dividing the Horizontally Projected Roof Area for 1-inch rain fall per hour rate by 10.2 inches per hour rates established by the National Oceanic and Atmospheric Precipitation Frequency Data Server (PFDS). The sizing shall be based on the data for a 15-minute rainfall rate at the nearest station for the risk categories given in Table 1611.1 in the International Building Code®. Scuppers shall be sized to prevent the depth of ponding water from exceeding that for which the roof was designed as determined by Section 1101.7. Scuppers shall not have an opening dimension of not less than 4 inches (102 mm) and an opening width equal to the circumference of the roof drain required for the area served. The flow through the primary system shall not be considered when sizing the secondary roof drain system or scuppers. Scuppers shall be sized in accordance with Table 1108.1 or by other national methods using the head height of water and flow rate of the scupper.
748:20-16-18. IPC® 20182024 Chapter 13 Nonpotable Water Systems [AMENDED]
Chapter 13 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modification: Section 1301.9.5 Overflow. This section has been modified to require the section to apply to any walkway not just those on roofs. This section has been modified to read: 1301.9.5 Overflow. The storage tank shall be equipped with an overflow pipe having a diameter not less than that shown in Table 606.5.4. The overflow pipe shall be protected from insects or vermin and shall discharge in a manner consistent with storm water runoff requirements of the jurisdiction. The overflow pipe shall discharge at a sufficient distance from the tank to avoid damaging the tank foundation or the adjacent property. Drainage from overflow pipes shall be directed to prevent freezing on walkways. The overflow drain shall not be equipped with a shutoff valve. A cleanout shall be provided on each overflow pipe in accordance with Section 708.
748:20-16-20. IPC® 20182024 Chapter 15 Referenced Standards [AMENDED]
Chapter 15 of the Oklahoma adopted IPC® 2018 2024 is adopted with the following modifications:
(1) A reference to ANSI A118.10-99 Specifications for Load Bearing, Bonded, Waterpoofed Membranes for Thin Set Ceramic Tile and Dimension Stone Installation referenced in Sections 421.5.2.5 and 421.5.2.6 has been added to the code. This reference has been added to read: ANSI A118.10-99 Specifications for Load Bearing, Bonded, Waterproof Membranes for Thin Set Ceramic Tile and Dimension Stone Installation. 421.5.2.5, 421.5.2.6.
(2)(1) The reference to the International Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IBC®-2018 IBC®-24 International Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(9) The reference standard for TCNA/ANSI A118.10-99: Specifications for Load Bearing, Bonded, Waterproof Membranes for Thin Set Ceramic Tile and Dimension Stone Installation referenced in Sections 421.5.2.5 and 421.5.2.6 has been stricken from the IPC.
(2) The reference to the International Existing Building Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IEBC®-24 International Existing Building Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(3) The reference to the International Energy Conservation Code® has been modified to change the edition year to 2006. This section has been modified to read: IECC-06 International Energy Conservation Code®.
(4) The reference to the International Fire Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFC®-2018 IFC®-24 International Fire Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(5) The reference to the International Fuel Gas Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IFGC®-2018 IFGC®-24 International Fuel Gas Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(6) The reference to the International Mechanical Code® has been modified to include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IMC®-2018 IMC®-24 International Mechanical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(7) The reference to the International Residential Code® has been modified to change the edition year to 2018 and include after the title the words "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: IRC®-18 IRC®-24 International Residential Code® as adopted and modified by the State of Oklahoma through the OUBCC.
(8) The referenced standard for NFPA® 70 National Electrical Code® has been modified to change the edition year to 2023 and include the words after the title "as adopted and modified by the State of Oklahoma through the OUBCC." This section has been modified to read: 70-23 National Electrical Code® as adopted and modified by the State of Oklahoma through the OUBCC.
[OAR Docket #26-452; filed 6-2-26]
TITLE 780. Oklahoma Department of Career and Technology Education
CHAPTER 1. GENERAL
[OAR Docket #26-401]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 17. Travel
780:1-17-1. Compensation [AMENDED]
AUTHORITY:
Oklahoma State Board of Career and Technology Education; 70 O.S. 2021, § 14-103, 70 O.S. § 14-103.1, 70 O.S. §14-103.2, and 70 O.S. § 14-104, as amended.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 5, 2025
COMMENT PERIOD:
December 1, 2025 through January 2, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 30, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to Subchapter 17 provide clarifying language regarding the approval process for employee reimbursable travel expenses. In accordance with 74 O.S. § 500.15, the agency head, or their designee, is authorized to approve actual and necessary travel expenses. These amendments ensure consistency with state statute and clarify internal approval procedures for agency travel reimbursements.
CONTACT PERSON:
Gina Hubbard
OK Dept. of Career & Technology Education
gina.hubbard@careertech.ok.gov
405-743-5167
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 17. TRAVEL
780:1-17-1. Compensation [AMENDED]
The Department shall provide compensation for authorized state travel. The rate of compensation shall be in conformity with state laws. The State Director shall be authorized to approve out-of-state travel requests and the actual and necessary expenses by the Director and other employees of the Department for the purpose of business recruitment, training, and technical assistance. Reimbursement of actual and necessary expenses claimed must be approved by the State Board of Career and Technology Educationagency head or their designee prior to reimbursement.
[OAR Docket #26-401; filed 5-31-26]
TITLE 780. Oklahoma Department of Career and Technology Education
CHAPTER 10. ADMINISTRATION AND SUPERVISION
[OAR Docket #26-402]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. State Technical Assistance, Supervision, and Services
780:10-3-2. Career guidance and counseling, career information, disability services, integrated academics, innovation support services, essential skills and career development [AMENDED]
Subchapter 5. Finance
780:10-5-2. Audits [AMENDED]
AUTHORITY:
Oklahoma State Board of Career and Technology Education; 70 O.S. 2021, § 14-103, 70 O.S. § 14-103.1, 70 O.S. §14-103.2, and 70 O.S. § 14-104, as amended.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 5, 2025
COMMENT PERIOD:
December 1, 2025 through January 2, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 30, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to Subchapter 3 provide language for the newly enacted Oklahoma National Guard CareerTech Assistance Act as outlined in 70 O.S. 14-140.1. All eligible guard members must apply to the Educational Service Office of the Military Department and submit the approved application to the Department of CareerTech and the technology center. Eligible members may transfer benefits to qualifying dependents in accordance with 70 O.S. § 14-140.1. Amendments further clarify that audit reports which reflect Federal expenditures of $1,000,000, rather than $750,000 or more shall be in accordance with the provisions of 2CFR200 Subpart F.
CONTACT PERSON:
Gina Hubbard
OK Dept. of Career and Technology Education
gina.hubbard@careertech.ok.gov
405-743-5167
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. STATE TECHNICAL ASSISTANCE, SUPERVISION, AND SERVICES
780:10-3-2. Career guidance and counseling, career information, disability services, integrated academics, innovation support services, essential skills and career development [AMENDED]
(a) Career guidance to technology centers. The Department shall provide coordination and leadership for career guidance and counseling to technology centers and other entities whose primary purpose is the delivery of career guidance and counseling. Technology center districts shall have an identifiable guidance program in place, implemented and administered by an adequate number of credentialed staff and coordinated by staff with experience in delivering or supervising student services that addresses the career development needs of all students. Technology centers shall provide all students with information and advisement about career and educational options, administer assessment instruments such as interest inventories, aptitude tests, and achievement tests or acquire the results of such assessments prior to enrollment to provide career guidance, and provide support for students to help them be successful in their career pathway.
(b) Career Information. The Department shall provide technical assistance to schools, institutions, and agencies for career development software and career information materials.
(c) Financial Aid Services. The Department shall represent the Oklahoma career and technical education system by performing a liaison function with the Federal Student Aid Office (FSA) of the US Department of Education. As such, the Department will determine the in-service needs of technology center financial student aid personnel and arrange for knowledgeable individuals, from FSA or other professional organizations, to conduct workshops and training sessions. The purpose of these in-service opportunities is to strengthen financial student aid programs at technology centers ensuring adherence to current state and federal regulations governing the administration of financial aid programs. The Oklahoma Department of Career and Technology Education shall collect relevant statistical data related to financial aid activities at technology centers and report this information where appropriate.
(1) Oklahoma G.I. Bill. The Department shall also administer the Oklahoma GI Bill program that provides tuition assistance to qualified veterans as provided for in the Oklahoma G.I. Bill, 70 O.S. Section 301, et. seq.
(2) Oklahoma National Guard CareerTech Assistance Act. An eligible Guard member seeking assistance pursuant to the provisions of this section shall submit an application on a form prescribed by the Military Department of the State of Oklahoma to the Educational Service Office of the Military Department prior to the semester for which assistance is sought.
(A) Approved Application Submission. Applications which have been approved by the applicant’s Commander or designee, for assistance pursuant to the Oklahoma National Guard CareerTech Assistance Act must be submitted to the Department and the technology center prior to enrollment.
(B) Transfer of Benefits. Eligible Guard members may transfer benefits arising under the Oklahoma National Guard CareerTech Assistance Act to qualifying dependents accordance with 70 O.S. § 14-140.1.
(B) Transfer of Benefits. Eligible Guard members may transfer benefits arising under the Oklahoma National Guard CareerTech Assistance Act to qualifying dependents accordance with 70 O.S. § 14-140.1.
(3)The Oklahoma Department of Career and Technology Education shall collect relevant statistical data related to financial aid activities at technology centers and report this information where appropriate.
(d) Disabilities services. The Department shall coordinate and provide technical assistance to assure appropriate services and accessibility for individuals with disabilities and other members of special populations enrolled in CareerTech instruction at technology centers and at local education agencies. The Department will also provide guidance and assistance for the field to assist students with transition from high school to a technology center as well as transition from technology centers to postsecondary education and/or work.
(e) Integrated academics and essential skills. The Department shall coordinate developmental activities and provide technical assistance to technology centers, comprehensive school programs and skills centers for education enhancement, career assessment, and employability skills development.
SUBCHAPTER 5. FINANCE
780:10-5-2. Audits [AMENDED]
The Department shall require annual audits of all schools that are subrecipient of funding from this agency. O.S. 70-22-101 thru 113 cited as the "Oklahoma Public School Audit Law" provides specific guidance. The audit staff of the Oklahoma Department of Career and Technology Education will conduct follow-up reviews of school audits or conduct audits of subrecipients as directed by the State Director. Audit reports which reflect Federal expenditures of $750,0001,000,000 or more shall be in accordance with the provisions of OMB Circular A-1332CFR200 Subpart F. Technology Centers governed by the State Board of Career and Technology Education shall adopt the general provisions of the Governmental Accounting Standards Board (GASB) Statement Number 34. Guidance on acceptable deviations from Statement Number 34 will be provided by this Agency.
[OAR Docket #26-402; filed 5-31-26]
TITLE 780. Oklahoma Department of Career and Technology Education
CHAPTER 15. TECHNOLOGY CENTERS
[OAR Docket #26-403]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Technology Centers Education
780:15-3-6. Technology center students [AMENDED]
AUTHORITY:
Oklahoma State Board of Career and Technology Education; 70 O.S. 2021, § 14-103, 70 O.S. § 14-103.1, 70 O.S. §14-103.2, and 70 O.S. § 14-104, as amended.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 5, 2025
COMMENT PERIOD:
December 1, 2025 through January 2, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 30, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to Subchapter 3 establish enrollment criteria to determine student eligibility for specific programs and authorize the Department to set tuition, using a formula, for out-of-district students attending a technology center.
CONTACT PERSON:
Gina Hubbard
Oklahoma Department of Career and Technology Education
gina.hubbard@careertech.ok.gov
405-743-5167
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. TECHNOLOGY CENTERS EDUCATION
780:15-3-6. Technology center students [AMENDED]
(a) Student eligibility.
(1) High school students. For students currently enrolled in high school, the technology center is an extension of the student's high school and shall be subject to the regulations thereof. The student's home high school shall transcript the units of instruction earned by high school students attending the technology center. High school students who successfully complete their career plans of study shall be awarded a competency/completion certificate by the technology center.
(2) Enrollment procedures. High school students shall meet the enrollment criteria established by the technology center for the specific program plan of study in which they wish to enroll, regardless of lawful immigration status. All high school students shall be enrolled through a cooperative effort of the sending comprehensive high school and the technology center, except in cases where the student's parent or guardian has provided sufficient evidence that he/she is participating in a home-schooled education plan in accordance with 70 O.S. §10-105, as amended.
(3) Approval to withdraw and withdrawal procedures. Students from a sending comprehensive school who wish to withdraw from a technology center must have approval of both the technology center and the comprehensive school. Specific procedures for withdrawal are established cooperatively by the technology center and the sending comprehensive school.
(4) Student discipline. High school students' discipline and control shall be a cooperative effort between the comprehensive school and the technology center. Each institution shall enforce rules and regulations in accordance with their board-approved policies. Both institutions shall recognize the students' rights to "due process."
(A) Qualified Students with Disabilities under IDEA. Discipline for students with disabilities who have an IEP shall be in accordance with current federal and state law.
(B) Qualified Students with Disabilities under Section 504/ADA. Qualified students with disabilities under Section 504 of the Rehabilitation Act of 1973 as amended or the Americans with Disabilities Act of 1990 as amended who are disabled by drug addiction or alcoholism may be disciplined to the same extent as other students. However, a student who is disabled by some other condition in addition to drug addiction or alcoholism must be evaluated and afforded due process prior to disciplinary action that would constitute a significant change in placement. Denial of access, and/or a significant change in placement, should not occur when there is a definable relationship between the misconduct and the disability. The student's 504/ADA team should meet and make this determination. There is no requirement in Section 504 or the ADA for the continuation of educational services following the expulsion of a student for behavior unrelated to the student's disability.
(5) Certified coursework. Units of coursework earned by a student in a technology center in Oklahoma shall be certified by the technology center to the sending school in which the student is regularly enrolled. These units of coursework shall be counted toward meeting local and state requirements for graduation. The technology center is an extension of the sending school curriculum and shall be subject to the regulations thereof. Program definitions are as follows:
(A) Occupational programs. Must lead to an occupational outcome meeting the criteria approved for accreditation through the U.S. Department of Education and the Department.
(i) Full Time Enrollment. Must be approved through the appropriate Department occupational division to meet the state program standards.
(ii) Secondary Course. A course tied to an occupational outcome that meets a minimum of 120 hours. The course may be tied to Oklahoma’s Promise and/or academic credits but are not a portion of the same full-time program. Scheduling and instructional framework reports are required to be submitted to the Department for each course.
(B) Pre-Occupational. Enrollments that provide engagement and exposure to careers but
do not result in an industry credential or are under the minimum hour requirements of occupational programs.
(6) Hours of attendance. High school students may attend a technology center up to one-half day pursuing a high school diploma or high school equivalency and up to one-half day completing a CareerTech program in the technology center. The students are counted as attending a full day at the sending school.
(7) Secondary Students. Programs in the technology centers may be offered to secondary students. Students who are on an IEP may attend a technology center up to four years.
(8) Postsecondary/adult students. The technology center functions as a separate postsecondary-level educational institution for adult students who are beyond the age of compulsory school attendance and/or are not enrolled in high school. Postsecondary/adult students may attend courses at the technology center which may be held any time during the day or night on or off campus. Postsecondary/adult students are subject to the policies and procedures established for adult students by the technology center and shall be afforded all benefits and services for which they qualify, regardless of lawful immigration status. Units of coursework completed at a technology center by a postsecondary/adult student are transcripted by the technology center as postsecondary level credit. Postsecondary/adult students who successfully complete their plan of study shall be awarded a competency/completion certification by the technology center. Units of instruction and/or credits earned by postsecondary/adult students may also be applied toward a college degree, in accordance with the cooperative agreements and cooperative alliance agreements developed by each technology center with a higher education institution.
(9) Residency. Students that meet the residency requirements of 70 O.S. Section 1-113, as amended, shall have the same opportunity to access technology center courses, regardless of lawful immigration status, as any other in-district student. These students may enroll in an appropriate program following the same admission and enrollment procedures as other students.
(10) Cooperative Alliances Between Higher Education Institutions and Technology Centers.
(A) Purpose. The purpose of Cooperative Alliances is to expand student access to Oklahoma's educational opportunities with resource-sharing partnerships between institutions of the State System and CareerTech technology centers for the benefit of Oklahoma citizens, business, industry, and students. Cooperative Alliances are student-centered partnerships organized to encourage and facilitate progress toward college graduation and designed to ensure that students obtain the technical and academic skills that will allow them to succeed in today's dynamic knowledge-based, technology-driven global economy.
(B) Formation and Operation. Cooperative Alliances may be formed and operated between Oklahoma technology center school district(s), and public colleges or universities that offer the Associate associate in Applied applied Science science (AAS) degree.
(b) Tuition.
(1) Resident high school students. High school students who are residents of the technology center district attend on a tuition-free basis, regardless of lawful immigration status.
(2) Tuition charge. Technology centers are authorized to charge tuition to postsecondary students. Amounts charged by a technology center district for tuition are subject to the approval of the State Board.
(3) Out of District Tuition. Technology center districts shall charge a tuition to any secondary student who does not reside in the technology center district. The fee for out of district tuition shall be not less than twice the amount of the local cost of providing instruction and services for the student determined by the Department through a formula. The State Board may waive this requirement in situations where the technology center district has shown evidence that such requirement will be detrimental to the mission of the local technology center district. Reciprocity agreements to benefit in-district students may be made between technology centers and approved by the Oklahoma Department of Career and Technology Education.
(c) Transportation.
(1) Responsibility. The technology center is responsible for providing transportation of daytime secondary students to and from in-district, sending schools for those students who are enrolled in a three-period block of instruction. Transportation for students requesting alternative schedules shall be determined by an agreement between the comprehensive school and the technology center.
(2) Operation under Oklahoma school laws. All technology centers owning or leasing and operating school buses that transport students to and from points being served by the technology center shall operate under the current school laws of Oklahoma.
(3) Adult transportation. Upon approval of the technology center board of education, postsecondary students enrolled in a technology center may be transported, as space is available, on established bus routes and related auxiliary activities.
(d) Student accounting. Student Accounting information shall be submitted to the Information Management Division as outlined in OAC 780:10-7-2.
[OAR Docket #26-403; filed 5-31-26]
TITLE 780. Oklahoma Department of Career and Technology Education
CHAPTER 20. PROGRAMS AND SERVICES
[OAR Docket #26-449]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Secondary, Full-Time and Short-Term Adult Careertech Programs
780:20-3-4. Instructors [AMENDED]
AUTHORITY:
Oklahoma State Board of Career and Technology Education; 70 O.S. 2021, § 14-103, 70 O.S. § 14-103.1, 70 O.S. §14-103.2, and 70 O.S. § 14-104, as amended.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 5, 2025
COMMENT PERIOD:
December 1, 2025 through January 2, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 30, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
780: 20-3-4 [Amended]
Gubernatorial Approval:
April 1, 2025
Register Publication:
42 OK Reg 873
Docket Number:
25-348
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed emergency amendments to Subchapter 3, Section 4 implement the new Industry Specialist Certification authorized by House Bill 3276 (2024) and codified at 70 O.S. § 6-189. The rule is intended to create an expedited certification pathway that helps Oklahoma recruit and retain qualified instructors, strengthen workforce development, and meet employer demand for skilled workers. The emergency rule is needed because a substantial number of current instructors—estimated at more than 100—are ready to pursue certification immediately and could receive certification through the Oklahoma State Department of Education by June 1, 2025. The rule also has direct financial implications for these instructors and supports the continued operation, accreditation, and instructional quality of CareerTech programs, particularly for non-traditional technology center instructors.
CONTACT PERSON:
Gina Hubbard
Oklahoma Department of Career & Technology Education
405-743-5167
gina.hubbard@careertech.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. SECONDARY, FULL-TIME AND SHORT-TERM ADULT CAREERTECH PROGRAMS
780:20-3-4. Instructors [AMENDED]
(a) Certification on file.
(1) Standard Teaching Certificate. All CareerTech secondary teachers shall have (on file in the local education agency) an appropriate teaching certificate issued by the Certification Section of the State Department of Education.
(2) Technology Center Standard Teaching Certificate. Technology Center Standard Certification for Teachers and Instructors in Technology Centers School Districts, not otherwise certified under paragraphs 210 O.A.C. 20-9-91 (1-4). Consistent with the provisions of 70 O.S. 2011, § 6-189, as amended, to be eligible for consideration for a technology center standard teaching certificate under this provision, an applicant must submit documentation to the Oklahoma Department of Career and Technology Education verifying that the individual has received an associate's college degree (2-year degree) or above, an industry recognized credential for an occupation that includes the subject matter to be taught at the technology center, and appropriate professional development. The State Board of Education, upon recommendation of the Oklahoma Department of Career and Technology Education, may issue a technology center standard teaching certificate to an applicant who submits a completed application for certification containing the requirements listed herein along with the applicable certification fee, and has on file with the State Department of Education a current criminal history record check. The applicant shall be responsible for the costs of the criminal history record checks. The technology center standard teaching certificate shall be valid only for the subject area(s) aligned to the applicant's degree, credential and/or work experience. For purposes of this provision, the term "industry recognized credential" shall have its ordinary and usual meaning and shall reflect industry-based skills, standards and certifications.
(3) Technology Center Industry Specialist Certification. A Technology Center Industry Specialist Certification is for instructors in technology center school districts not otherwise certified under subparagraphs (1) or (2) in this subsection. To be eligible for a Technology Center Industry Specialist Certification, a person must:
(A) Hold a high school diploma or high school equivalency;
(B) Have at least four thousand (4,000) hours of industry related experience in the subject matter the person is to be certified to instruct at a technology center school district;
(C) Hold an industry recognized credential, approved by ODCTE, in the subject matter the person is to be certified in; and
(D) Complete an individualized professional development plan as approved by the Department.
(4) Issuance of Technology Center Certificates. The State Board of Education, upon recommendation of the Oklahoma Department of Career and Technology Education, may issue a technology center standard teaching certificate or a technology center industry specialist certificate to an applicant who submits a completed application for certification containing the requirements listed herein along with the applicable certification fee, and has on file with the State Department of Education a current criminal history record check. The applicant shall be responsible for the costs of the criminal history record checks. The technology center standard teaching certificate shall be valid only for the subject area(s) aligned to the applicant's degree, credential and/or work experience. The technology center industry specialist certificate shall be valid only for the subject matter aligned to the application’s industry related experience and industry recognized credential. For purposes of this provision, the term "industry recognized credential" shall have its ordinary and usual meaning and shall reflect industry-based skills, standards and certifications.
(b) Administrative responsibility. It shall be the responsibility of school administration to assure that a CareerTech teacher applicant meets CareerTech certification requirements before placing the applicant under contract. Certification requirements are found in the Teacher Certification Guide for School Staff Assignments on the Oklahoma State Department of Education website.
(1) Occupational division approval. All CareerTech teachers must have the CareerTech certification application approved by the ODCTECareerTech certification specialist.
(2) Occupational division renewal of certification. All CareerTech teachers must complete the specific occupational division's requirements for CareerTech certification renewal and be approved by Oklahoma Department of CareerTech certifications specialist.
(c) Health CareersScience Education.
(A) Technology Centers: High School Health Careers Programs. Faculty holding a baccalaureate degree will be required to have additional coursework specific to Career and Technology teacher education. These requirements will be posted on the Health Careers Education website. Faculty shall have a degree plan on file with the Health Careers Education division and provide documentation in the form of transcripts demonstrating yearly progress toward obtaining required coursework.
(B) Technology Centers: Adult Only Health Careers Programs. Faculty shall hold a minimum of an Associates' degree or be on a degree plan making yearly progress toward completion. State and national accreditation standards may indicate additional faculty requirements towards advanced degrees. Faculty hired before 2010 will be exempt from this rule.
(2) On-file applications. Faculty shall have an application on file in the Health Careers Education office, including a Statement of Qualifications form, all current transcripts and, a copy of professional credential or credential verification, and, if appropriate, current teaching certificate or application for teaching certificate.
(3)(2) Clinical experience. Faculty must have a minimum of two years' work experience in a clinical setting within the last five years prior to their first teaching experience. The Health CareersScience Education Program Manager must approve any variations.
(1) Faculty requirements. Faculty shall hold current credentials as a licensed, certified and/or registered health care professional and must meet the requirements of the local education agency, Health CareersScience Education Division, and the respective accrediting agency.
(d) Science Technology Engineering and Mathematics (STEM). Faculty requirements for Teachers Teaching Math and/or Science Academic Courses. Must meet the requirements of the Oklahoma State Department of Education for that specific academic course/area. All related courses must meet the Oklahoma State Department of Education and/or ODCTEDepartment requirements for the course/area.
(e) Professional development. New instructors shall participate in preservice professional development activities as required by the appropriate divisions. All secondary and full-time adult CareerTech instructors and staff shall participate in professional in-service as required by the appropriate divisions.
(f) Salaries Paid by Third Parties. If the instructor’s or teacher’s salary is being paid by a third-party, a Memorandum of Understanding (MOU) must be completed between the third-party and the school board. Notice of the Memorandum of Understanding (MOU) shall be provided to the instructor or teacher.
(g) Adjunct Teachers for CareerTech K-12 Programs.
(1) Qualifications. To be eligible to be an adjunct teacher for an approved CareerTech K-12 Program, a person must:
(A) be twenty-one (21) years old or older; and
(B) have at least two (2) years of industry or occupational experience in the subject area the adjunct teacher would be hired to teach; and
(C) successfully pass a background check.
(2) Hiring Adjunct Teachers.
(A) To be eligible to hire an adjunct teacher for an approved CareerTech K-12 Program, the school district superintendent must attest to the Department it could not locate a viable candidate to hire as a fulltime teacher for that academic year and that it will continue to search for a fulltime teacher for the following academic year.
(B) After the attestation is submitted to the Department, the school district may start the process to hire an adjunct teacher. The employment of persons to serve as adjunct teachers shall be approved by the local school board. Once a person is approved by the local school board to be hired as an adjunct teacher, the person’s name and qualifications shall be submitted to the Department for final approval. Final approval by the Department shall permit the person to be an adjunct teacher for one academic year.
(C) The employment of persons to serve as adjunct teachers shall be approved annually by the local school board and the Department.
(A) the CareerTech New Teacher Academy within two (2) years of being hired; and
(B) any annual professional development required by CareerTech.
[OAR Docket #26-449; filed 6-2-26]
TITLE 780. Oklahoma Department of Career and Technology Education
CHAPTER 25. BUSINESS AND INDUSTRY SERVICES
[OAR Docket #26-404]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 11. Business and Industry Services Programs
780:25-11-1. Business and Industry Training programs [AMENDED]
AUTHORITY:
Oklahoma State Board of Career and Technology Education; 70 O.S. 2021, § 14-103, 70 O.S. § 14-103.1, 70 O.S. §14-103.2, and 70 O.S. § 14-104, as amended.
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
November 5, 2025
COMMENT PERIOD:
December 1, 2025 through January 2, 2026
PUBLIC HEARING:
January 8, 2026
ADOPTION:
January 30, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 30, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1088
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The proposed amendments to Subchapter 11 revise provisions related to the funding mechanism for customized and safety training programs and update the referenced document governing record maintenance requirements.
CONTACT PERSON:
Gina Hubbard
Oklahoma Department of Career and Technology Education
gina.hubbard@careertech.ok.gov
405-743-5167
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 11. BUSINESS AND INDUSTRY SERVICES PROGRAMS
780:25-11-1. Business and Industry Training programs [AMENDED]
(a) Program and student accounting.
(1) Program reports. Business and Industry Training programs for which enrollments are submitted must indicate the appropriate type of class or appropriate codes assigned by the Oklahoma Department of Career and Technology Education.
(2) Reporting procedures. Program and enrollment information shall be submitted to the Information Management Division of the Oklahoma Department of Career and Technology Education as outlined in 780:10-7-2.
(b) Program funding. State funds shall be available to support training and programs designed for and delivered to adult students to prepare them for success in the workplace.
(2) Program definition. For funding purposes, a Business and Industry Training program is considered to be 1,050 clock hours of training. The number of programs calculated in the Funding Formula is determined by dividing the total clock hours of training by 1,050.
(3)(2) Availability of funds. State support for Business and Industry Training in the funding formulathe CST Funding Formula is based on the availability of funds and program approval by the Oklahoma Department of Career and Technology Education.
(4)(3) Program intent. Formula funding for Business and Industry Training will be limited to those programs that are designed for and intended to meet the employability needs of adults. (An adult is defined as a person at least 16 years of age.)
(5)(4) Ineligible programs. Student and other services that are part of the quality foundation services shall not be reported for program funding. Such services include, but are not limited to counseling, assessment, basic skills enhancement, financial aid administration, job development, and the administration or coordination of Business and Industry Services. Training programs that do not qualify for formula funding are specified in the Oklahoma Department of Career and Technology Education's reporting guidelines.
(1) Funding mechanism. State funds to support Business and Industry Training programs shall be provided through the technology center Customized and Safety Training (CST) funding Funding formula Formula.
(A) Professional development for technology center personnel, or technology center Boards of Education;
(B) Political or community fund-raising activities;
(C) Religious organization meetings or functions;
(D) Receptions, meal functions or style shows;
(E) Commercial exhibits, fairs or promotional activities;
(F) Open houses or student organization meetings;
(G) Industry, public school, or organizational staff meetings, conventions, or team meetings;
(H) Driver training, DUI school, non-occupationally specific driver improvement or defensive driving programs;
(I) Job search, career exploration, employment skills, career development and career search;
(J) Training programs designed specifically for the incarcerated; and
(K) Hunter safety, boat safety; concealed weapons training, and recreational activities/training.
(6) Technology center operations. Business and Industry Training programs will comply with the procedures for operation of technology center as outlined in Chapter 15 of this title.
(c) Audit criteria.
(1) Accountability. To demonstrate accountability for formula funds supporting Business and Industry Services programs requires the collection of complete and accurate data on these programs. Documentation of reported data as required in (2) of this unit is clearly the responsibility of the local technology center and is not submitted to the Oklahoma Department of Career and Technology Education as a matter of record. The electronic data reporting process does not provide for the submission of reports signed by the authorized local administrator; therefore, the following paragraph will have an implied and binding effect on each report submitted, just as if the signed statement appeared on each report submitted: I, the authorized administrator, do testify that the program here identified meets all state guidelines and documentation exists to support the eligibility of the program for funding.
(2) Documentation. Technology centers shall maintain records specified in the Technology Center Instructions for Providing Enrollment and Program Data bookletWED Guidelines that isare updated annually.
[OAR Docket #26-404; filed 5-31-26]
TITLE 785. Oklahoma Water Resources Board
CHAPTER 4. RULES OF PRACTICE AND HEARINGS
[OAR Docket #26-494]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
785:4-1-2. Definitions [AMENDED]
Subchapter 3. Board Hearings
785:4-3-4. Hearing Examiners [AMENDED]
Subchapter 5. Pre-Hearing Actions and Proceedings
785:4-5-4. Application protests; comments and objections [AMENDED]
785:4-5-5. Pre-hearing continuances, informal disposition by stipulation, agreed settlement or consent order [AMENDED]
785:4-5-6. Electronic mail notice [AMENDED]
785:4-5-7. Motions, requests and orders [AMENDED]
785:4-5-8. Electronic Filing, Service, and Signaturefiling, service, and signature [NEW]
785:4-5-9. Documents Filed Electronicalllyfiled electronically [NEW]
785:4-5-10. Electronic filing and delivery [NEW]
785:4-5-11. Hearing materials kept and provided, fees and costs [NEW]
AUTHORITY:
Oklahoma Water Resources Board; 82 O.S., § 1085.2
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 19, 2025
COMMENT PERIOD:
October 15, 2025 through November 17, 2025
PUBLIC HEARING:
November 18, 2025
ADOPTION:
January 20, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 27, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The amendments to Title 785, Chapter 4 of the Board's rules clarify existing hearing procedures and implement new procedures to streamline the hearing process and reduce agency expense while providing for more consistent communication between parties. The rules require any protestant to an application to provide a copy of the protest to the applicant via certified mail, return receipt requested. The rules also created an on-line filing system to reduce mailing costs for all parties.
CONTACT PERSON:
Sara D. Gibson, General Counsel
Oklahoma Water Resources Board
3800 North Classen
Oklahoma City, Oklahoma 73118
Phone: (405) 530-8800
E-mail: sara.gibson@owrb.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
785:4-1-2. Definitions [AMENDED]
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"APA" means and refers to the Oklahoma Administrative Procedures Act set forth in 75 O.S. 1981, §§301 et seq., as amended.
"Application" means a formal request to the Board and the first step required by law to acquire the right to perform or engage in activities regulated by the Board.
"Board" means the Oklahoma Water Resources Board or any employee or agent or staff member thereof.
"Board Order" means an order issued by the Oklahoma Water Resources Board.
"Designated case-specific email-address" means the primary email address provided by a Person or Party in a specific case, matter, or application. Persons submitting an Application, Interested Persons, and all other Parties or Persons with Business before the Board, including permit holders and license holders or their attorneys or legal representatives, must provide a Designated Case-Specific Email Address at the time of making their initial filing or entry of appearance, or at the time of their next required report, renewal, or application, whichever is first.
"Document" means a collection of text or other data that is maintained as unique and seperate from others, including, but not limited to, any opinion, order, judgement, decredd, petition, motion, pleading, form, instrument, record, exhibit, writ, transcript, or other item.
"Electronic filing (E-filing, E-file, or E-filed)" means the transmission by an Approved Electronic Method of any Document to or by the Board. This will include notices and orders created by the Borad as well as pleadings, letters or protest, other Documents and attachments created by practitioners or parties.
"Executive Director" means the Executive Director of the Oklahoma Water Resources Board.
"Filer" means the interested person or interested party filing a Document with the Board.
"Hearing Examiner" means a person qualified, designated, and authorized to act in that capacity to preside in a hearing and otherwise exercise the authority of a Hearing Examiner as set forth in these rules.
"Interested party" means party.
"Interested person" means one whose interests could be adverslyadversely affected by any proceeding.
"Party" means a person or agency named and participating, or properly seeking and entitled by law to participate, in hearings other than hearings on Board rules, regulations and standards.
"Person" means any individual, firm, partnership, association, corporation, business or public trusts, federal agency, state agency, the State or any political subdivision thereof, municipalities, and any other duly constituted legal entity.
SUBCHAPTER 3. BOARD HEARINGS
785:4-3-4. Hearing Examiners [AMENDED]
(a) Who may be Hearing Examiners. Hearings may be conducted by authorized and designated Hearing Examiners. Any Board member, the Board Executive Director or Assistant Director, any authorized Board staff member, staff attorneys, the Attorney General or Assistant Attorney General or any other Board authorized person may serve as Hearing Examiner.
(b) General authority of Hearing Examiners. Hearing Examiners are authorized to supervise, direct, preside over and conduct the hearing proceedings; to make and enter interlocutory rulings; to make and enter rulings on procedural or evidentiary questions or objections; to make and enter rulings on any other motions or objections arising during the course of the hearing; and, generally, to do all things necessary and incidental to conducting and completing the hearing and all other acts authorized under this Chapter.
(c) Assistance. Where deemed necessary, the Hearing Examiner may designate any Board staff member to assist the Hearing Examiner in the conduct of the proceedings or to aid the Hearing Examiner in an advisory capacity.
(d) Discovery by Hearing Examiner. The Hearing Examiner may request parties to an individual proceeding to produce evidence in support of their claims or defenses. The request may be made in advance, during, or after the hearing, and prior to the closing of the record.
SUBCHAPTER 5. PRE-HEARING ACTIONS AND PROCEEDINGS
785:4-5-4. Application protests; comments and objections [AMENDED]
(a) Who may file. Any interested person may file a written protest, objection or comment to any permit application, petition or other matter subject of a hearing. Persons signing form letters, multiple letters containing substantially similar or duplicate text or information, or persons signing written submittals in petition format containing multiple signatures, may not be considered parties to a proceeding unless all requirements specified in subsection b are set forth for each person signing such letters or petitions.
(b) Requirements for protests; standing. Protests must be filed with the Board in writing and must contain the following information:
(1) Name, telephone number, designated case-specific e-mail (if available) and postal address of the interested person;
(2) The application to which the protest relates;
(3) Specific information to show how approval of the application, petition or action proposed may directly and adversely affect legally protected interests of the person filing the protest; and
(4) A statement of the relief sought by the interested person.
(c) Protest required for party status. To become a party and to facilitate reasonable notice to the applicant or petitioner, all protests must contain the information as set forth in paragraphs (1) through (4) of subsection (b) and be filed with the Board, and a copy must be provided to the applicant or petitioner via certified mail, return receipt requested, within the time period stated in the notice. Return receipts showing compliance with this requirement must be provided to Board Staff within (30) days of the end of the time period stated. In enforcement actions initiated by Board staff, all respondents named in the notice of hearing shall be deemed parties for purposes of participation in the proceedings. A person who fails to provide a copy of the protest with the applicant or petitioner within the time period stated may not be considered a party unless otherwise determined by the Hearing Examiner.
(d) Hearing examiner discretion on allowing presentation of protest. If an interested person appears at the hearing for purposes of presenting a protest to the application without first meeting the requirements set forth above, the Hearing Examiner may at the Examiner's discretion, reject the protest, receive the protest, orally or in writing, and proceed with the hearing; or may defer receiving such protest and direct a continuance of the hearing in order to allow the interested person an opportunity to file the protest in compliance with the requirements set forth above. In the last described instance, the Examiner may take into consideration the wishes of the applicant or petitioner with respect to proceeding with or continuing the hearing. The Hearing Examiner may allow any interested person to make a statement in support of or in opposition to an application or petition without cross examination if the statement is not intended as evidence, provided the Hearing Examiner may limit such presentations to avoid duplication.Insufficient protests dismissed. Any protest, comment, or objection failing to meet the requirements set forth in this section 4-5-4, may be dismissed by the Hearing Examiner on their own motion or upon motion from a Party.
(e) Record of protests, comments and objections.
(1) All correspondence relating to an application, including all protest, objection and comment letters, shall be retained in the permanent application file.
(2) Persons who submit objections or comments to an application or petition will not be deemed to be parties, but, as described in subsection (d), may be allowed to make statements at a hearing.
(3) Abbreviated notice, including but not limited to notice by electronic mail, of further proceedings or of the availability of proposed findings, conclusions and order prepared after a hearing may be given to a person who files objections and comments or who makes a statement at a hearing.
785:4-5-5. Pre-hearing continuances, informal disposition by stipulation, agreed settlement or consent order [AMENDED]
(a) Continuances maymust be requested not more thanat least five (5) days prior to the hearing beby telephone, followed by a written request to the Board and all parties and may be granted by the Hearing Examiner if all parties of record agree or otherwise at the discretion of the Hearing Examiner.
(b) In enforcement actions initiated by Board staff, informal disposition of the matter subject of the hearing may be made by stipulation, agreed settlement or consent order. A proposed stipulation, agreed settlement or consent order, acceptable to Board staff and respondent, shall be presented to the Hearing Examiner for recommendation to the Board. The recommendation of the Hearing Examiner, along with the proposed stipulation, agreed settlement or consent order, shall be forwarded to the Board for consideration without further hearing or findings of fact and conclusions of law (see also 785:4-9-1).
785:4-5-6. Electronic mail notice [AMENDED]
(a) The Board may allow protests, comments and objections to applications to be submitted through electronic mail to an e-mail address specified in the notice of application.
(b) Unless a request is made to provide notice to a U.S. Postal Service address, persons who submit protests, comments or objections by electronic mail will be given notice to the electronic mail address from which the protest, comment or objection was received, unless another electronic mail address is provided.
785:4-5-7. Motions, requests and orders [AMENDED]
(a) Except for oral motions made in proceedings on the record, or where the Hearing Examiner otherwise direct, each motion shall:
(1) Be in writing; and
(2) Contain a concise statement of supporting grounds.
(b) Unless the Hearing Examiner orders otherwise, any party to a proceeding in which a motion is filed under (a) of this section shall have 15 days from service of the motion to file a statement in response.
(c) Failure to make a timely motion or to file a statement in response may be construed as a waiver of objection.
(d) The Hearing Examiner shall rule on all motions as expeditiously as possible.
(e) Any person filing a motion or other request to the Board shall mail a copy of the motion or request to all parties of record. A certificate of such mailing shall be filed with the motion or request.
(f) Unless otherwise directed within the interlocutory order, a copy of the interlocutory order relating to the motion or request shall be provided by the Board to the person filing the motion or request. That person shall mail a copy of the interlocutory order to all parties of record and file with the Board a Certificate of Mailing.
(g) A written copy of the proposed final order of the Board prepared by the Hearing Examiner after the conclusion of any hearing shall be provided to the applicant, and the applicant shall be required to serve all other parties at least fifteen (15) days prior to Board meeting at which the proposed final order is scheduled to be considered.
785:4-5-8. Electronic Filing, Service, and Signaturefiling, service, and signature [NEW]
(a) Electronic filing. Whenever these rules require a pleading, application, motion, document, notice, or other instrument to be filed or delivered to the Board, such requirement may be satisfied by electronic filing as authorized by these rules.
(b) Electronic service. Whenever these rules require a pleading, application, motion, document, notice, or other instrument to be served, mailed, transmitted, or issued, such requirement may be satisfied by electronic methods as authorized by these rules, and any other applicable statute or rule. As used in these rules, the term “mail” “mailing” or “mailed” shall include transmission by electronic mail, unless otherwise specified in applicable statute, rule, notice, order, or form provided by the Board.
(c) Electronic signature.
(1) Whenever these rules require a pleading, application, motion, document, notice, or other instrument to be signed, verified, certified, or otherwise authenticated, such requirement may be satisfied by electronic methods as authorized by these rules, applicable statute, or Board Order.
(2) Pleadings, motions, affidavits, waivers, or other instruments that are signed under the penalty of perjury or notarized may be filed electronically, pursuant to these rules. Waivers or other instruments which are signed and witnessed may be electronically filed in the same manner as notarized documents.
(3) Originals Retained. The filer of any document shall retain the original document(s) or other evidence of the original signature(s) for future production.
785:4-5-9. Documents Filed Electronicalllyfiled electronically [NEW]
(a) Signature block. All E-Filed Documents must include a signature block and must set forth the user's name, bar number (where applicable), address, telephone number, and Designated Case-Specific Email Address. The name of the party submitting the Document must be preceded by an "/s/" and typed in the space where the signature would otherwise appear.
(b) Multiple signatures. The Filer of any Document requiring two or more signatures (e.g., stipulations, joint status reports) must list thereon all the other signatories' names by means of an "/s/" signature block for each signatory. By submitting such a Document, the Filer certifies that each of the other signatories has expressly agreed to the form and substance of the Document and that the Filer has their actual authority to submit the Document electronically. It shall be the responsibility of the Filer to retain records evidencing this concurrence for future production. Unless a longer time is prescribed by court rule or statute, a non-filing signatory or party who disputes the authenticity of an electronically filed Document containing multiple signatures must file an objection to the Document within ten (10) days of the date the signatory or party knows, or should know, the Document is filed.
(c) Documents signed under penalty of perjury or requiring a notary public's signature. Documents required by law to include a signature under penalty of perjury, or the signature of a notary public, may be E-Filed in place of the original Document. The declarant and/or notary public must sign the original Document. The original Document shall be converted into an E-Document, if necessary, and E-Filed in a format that accurately reproduces the original signatures and contents of the Document. The Filer shall retain the original Document, or other evidence of the original signature(s), for future production.
(d) When an E-filed document is deemed filed. A Document submitted to the Board shall be deemed filed upon the date it is accepted by the Board, as evidenced by a confirmation email containing the date of acceptance sent to the Filer.785:4-5-10. Electronic filing and delivery [NEW]
(a) All Parties or Persons with business before the Board, including applicants, permit holders, or license holders, and protestants, are required to designate at the time of their initial filing or at the time of their next filing or report to the Board, whichever is first, a Designated Case-Specific E-mail Address. The Board shall keep a record of the Designated Case-Specific E-mail Address. Except for initial filings and as otherwise provided by rule, statute, or order, the Designated Case-Specific Email shall be the primary method of contact for official notices and communications from the Board.
(b) Any Party or Person may decline to receive communications via Electronic Mail, either formally in writing or by failing to provide a Designated Case-Specific Email-Address. Persons declining to receive communications via Electronic Mail may be charged a fee for the postage required as a result of their failing to consent to Electronic Mail communication; provided that no fee shall be charged for postage if the cost is less than five dollars ($5.00) for any individual letter.
785:4-5-11. Hearing materials kept and provided, fees and costs [NEW]
(a) Hearing Materials, including but not limited to application files, exhibits, notices, and all other records, documents, or materials part of the hearing record, shall be kept electronically by the OWRB hearings clerk. Digital copies of hearing materials, in their native file format, shall be provided upon written request.
(b) Hard copies of the hearing materials shall only be provided on written request and shall require the advance payment of a copy and postage fees as follows:
(1) Certified copies. A fee of $1.00 per copied page is charged for each copy of an order, application, or other document on file with the Board certified by the Secretary, in addition to the other fees applicable in this and other sections.
(2) Non-Certified copies - $0.25 per page.
(3) Postage -actual cost.
(4) Hearing Binder – containing certified copies of all board exhibits to a hearing, application file, and other records and Documents bound in a three-ring binder with dividers - $50.00 plus $1.00 per page after the first 20 pages.
[OAR Docket #26-494; filed 6-5-26]
TITLE 785. Oklahoma Water Resources Board
CHAPTER 5. FEES
[OAR Docket #26-498]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. General Provisions
785:5-1-9. Dam safety and inspection fees [AMENDED]
785:5-1-16. Fees required in other matters [AMENDED]
AUTHORITY:
Oklahoma Water Resources Board; 82 O.S. § 1085.2, 82 O.S. § 1085.4
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 19, 2025
COMMENT PERIOD:
October 15, 2025 through November 17, 2025
PUBLIC HEARING:
November 18, 2025
ADOPTION:
January 20, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 27, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
OAC 785:5-1-9 corrects an error from a previous fee increase that made some smaller dam modification fees more expensive than the next tier of larger dams. A document production fee is being removed as the fee is outdated.
CONTACT PERSON:
Sara D. Gibson, General Counsel
Oklahoma Water Resources Board
3800 North Classen
Oklahoma City, Oklahoma 73118
Phone: (405) 530-8800
E-mail: sara.gibson@owrb.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. GENERAL PROVISIONS
785:5-1-9. Dam safety and inspection fees [AMENDED]
(a) Filing fees which must be submitted with each application to construct, enlarge, alter, or repair a dam (based on estimated cost of construction, enlargement, etc.) are as follows:
(1) $199,999 or less estimated cost - $1,000.00
(2)$200,000 through $11,999,999 estimated cost - One-half of one percent (0.5%) of estimated cost; not to exceed $6,000.00.
(3) $12,000.00$12,000,000.00 or greater estimated cost - Five hunddredths of one percent (0.05%) of estimated cost.
(b) Fees for inspections of dams classified as low or significant hazard potential made at request of a person who is not an owner of the dam or other routine or periodic inspections conducted by Board personnel are as follows:
(1) Small (see 785:25-3-3) - $250.00 for each inspection visit.
(2) Intermediate (see 785:25-3-3) - $500.00 for each inspection visit.
(3) Large (see 785:25-3-3) - $1000.00 for each inspection visit.
(c) Fees for inspections of dams classified as high hazard potential made at request of a person who is not an owner of the dam or other routine or periodic inspections conducted by Board personnel shall be the actual cost of such inspection.
(d) The fee required for issuance of a certificate of completion is $25.00 plus if applicable, the inspection fee set out in subsection (b) or (c) of this Section.
(e) Inspection report review and administration fees are due with submittal of the inspection reports as follows:
(1) Significant hazard dams - $300 once every three (3) years
(2) High hazard dams - $350 each year; provided that if the inspection report and fee is not submitted by the date specified, an additional fee of $50.00 will be due.
785:5-1-16. Fees required in other matters [AMENDED]
(a) The fee for computer services shall be as follows:
(1) Copying documents to electronic media - $1.00 per document or file plus actual cost of Board provided electronic media.
(2) Direct labor cost to convert raw data in data bases to machine-readable format, including but not limited to preparation of table and field descriptions.
(3) Actual cost of medium supplied by Board used in copying data from data base.
(b) The fee for a document search shall be $10.00 per hour.
(dc) For transcripts prepared by certified court reporter, stenographer or Board staff under the provisions of 785:4-3-6, the fee shall be the actual cost of the transcription. Prior to such transcription being made, the person requesting the transcription (or appealing the Board's order) shall pre-pay to the Board the estimated cost of the transcribing the audio, with such estimate to be prepared by the Board. Upon completion of the transcription, the person requesting the same shall deposit the balance, if any, necessary for full payment of the transcription. The Board shall refund or credit any excess amount previously deposited.
(ed) If unavailable from local floodplain administrators, flood zone and flood map information on file with the Board for each tract or description of land requested will be provided for a fee of $25.00.
(fe) The fee for preparation and compilation of the administrative record for transmittal to a court pursuant to the Administrative Procedures Act shall be $1.00 per page for written documents, plus the cost of copying the audio recording and the electronic media as provided in this Chapter, plus actual cost of duplication of other exhibits, all payable prior to the transmittal of the record in the court. If the party appealing an order of the Board requests a written transcription of the hearing, or if the district court orders a written transcription as authorized by 75 O.S. § 309, the provisions in subsection (f) above, including prepayment of the cost of transcribing cassette tapes of the hearing, shall apply to the party appealing the Board's order. The full cost of transcribing the tapes must be paid before the Board shall transmit the transcription to the court. The Board shall review any such transcription for accuracy before transmitting the same to court.
(gf) In addition to any other applicable fee, and subject to review by the State Governmental Internet Applications Review Board and approval by the Office of Management and Enterprise Services ("OMES"), unless otherwise waived by the Board a person who undertakes an electronic/on-line transaction with the Board shall pay a convenience fee approved by OMES which includes, but is not necessarily limited to, the transaction fee levied by OMES, the credit card or other financial institution charge, and a prorated share of the reasonable costs of development and implementation of, sustaining and upgrading, and future expansion of, the electronic/on-line application. Such transactions may include, but shall not be limited to, filing applications for permits or loans, filing reports of well drilling activities, and renewing licenses or certifications.
[OAR Docket #26-498; filed 6-5-26]
TITLE 785. Oklahoma Water Resources Board
CHAPTER 50. FINANCIAL ASSISTANCE
[OAR Docket #26-499]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 6. Water and Sewer Program Emergency Grants Requirements and Procedures
785:50-6-2. Evaluation procedures for grant applications [AMENDED]
785:50-6-3. Emergency grant priority point system [AMENDED]
Subchapter 8. Rural Economic Action Plan (REAP) Grant Program Requirements and Procedures
785:50-8-3. Application review and disposition [AMENDED]
785:50-8-5. REAP grant priority point system [AMENDED]
Subchapter 20. Safeguarding Tomorrow Revolving Loan Program Regulations
785:50-20-1. General program description and procedures [AMENDED]
AUTHORITY:
Oklahoma Water Resources Board; 82 O.S., § 1085.2
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 19, 2025
COMMENT PERIOD:
October 15, 2025 through November 17, 2025
PUBLIC HEARING:
November 18, 2025
ADOPTION:
January 20, 2026
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
January 27, 2026
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule changes in Subchapters 6 and 8 are intended to encourage communities to adopt a more forward thinking and proactive approach to long-term planning and financial sustainability when addressing water and wastewater infrastructure issues. These changes aim to support communities in aligning with the eligibility criteria required to access State Revolving Fund (SRF) financing in the future. While grant funding has historically been a key resource, it is not guaranteed to remain available indefinitely. As such, the Oklahoma Water Resources Board (OWRB) staff is committed to assisting communities in building the capacity to maintain and operate their water and wastewater systems without incurring unsustainable financial deficits. By implementing these rule changes, the goal is to foster resilience, improve access to critical funding mechanisms, and promote responsible fiscal and infrastructure planning at the local level. The amendments to Subchapter 20 are intended to clarify the purpose of the program and its funding mechanism.
CONTACT PERSON:
Sara D. Gibson, General Counsel
Oklahoma Water Resources Board
3800 North Classen
Oklahoma City, Oklahoma 73118
Phone: (405) 530-8800
E-mail: sara.gibson@owrb.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 6. WATER AND SEWER PROGRAM EMERGENCY GRANTS REQUIREMENTS AND PROCEDURES
785:50-6-2. Evaluation procedures for grant applications [AMENDED]
(a) In evaluating a grant request under the water and sewer program, a determination shall be made as to whether an emergency situation exists. For the purposes of this determination, an emergency situation shall be a situation where the life, health or property of the persons served by the entity are endangered. An emergency will be deemed no longer to exist, and a grant application based thereon will not be approved nor funded, after the passage of 180 days following the date the emergency last occurred, unless the Board finds, upon evidence satisfactory to the Board, that the emergency continues to exist as the date of approval and the date of funding.
(b) No emergency may be determined by the Board to exist absent an official declaration of emergency by the entity requesting the grant. The entity's declaration of emergency must be furnished to the Board and must set forth and described, among other matters, the nature and circumstances of the emergency.
(c) In addition to determining whether an emergency situation exists, the Board shall, in evaluating a grant request, take into consideration the following:
(1) The needs of the area to be served by the project and the benefit of the project to the area in relation to the needs of other areas requiring state assistance;
(2) Whether the political subdivision can reasonably finance the project without assistance from the state;
(3) The relationship of the project to the overall statewide water and sewage treatment needs; and
(4) Whether or not the applicant has taken all reasonable measure to limit waste and conserve water.
(d) Upon a determination that an emergency situation does exist, the priority point system set forth in 785:50-7-5 785:50-6-3 shall be utilized to review pending grant applications and grant applications filed after the effective date of these rules.
(e) For purposes of evaluating, approving and funding an application for a grant, eligible project costs shall include, in addition to those project costs described in 785:50-3-1:
(1) Architecture and/or engineer fees related to the project.
(2) Fees for soil testing.
(3) Fees for surveying.
(4) Payments to contractor(s) for construction of the improvements.
(5) Legal fees and expenses of counsel for the applicant which are related to the project.
(6) Services of full-time or part-time inspector.
(7) Administrative expenses shall not be eligible project costs.
(f) Grant application must be fully completed including the verification form signed and notarized by the applicant representative, and must have a the signature of an attorney representing applicant.
785:50-6-3. Emergency grant priority point system [AMENDED]
(a) Basis of priority system and formula.
(1) General description. The priority system consists of a mathematical equation rating the applicants and the proposed project in accordance with the requirements of the statutes by means of a formula awarding points for each criteria used in the evaluation. The maximum point total under the system is one hundred twenty (120) one hundred and five (105). The Board may consider each month, and in order from the highest rating, those applications awarded point ratings of 60 or more priority points. If the Board determines that the applicant with the highest point rating cannot promptly proceed with the project due to delays, including but not limited to those caused by legal problems, engineering problems, feasibility problems or availability of other funding sources, the Board may pass over consideration of such application then proceed to consider in order the next highest rated application. Applications which are bypassed shall retain their ratings and thus remain eligible for further consideration. Applications preliminarily determined by Board staff to have point ratings of 59 or fewer shall be deemed denied; provided, such applications may be reevaluated if the applicant submits additional information showing changed circumstances within 120 days after the date of staff's determination, and such information improves the applicant's preliminary point rating.
(2) Statutory criteria. The basis of the priority formula has been developed from the enacting legislation. The two primary statutory criteria are:
(A) The emergency situation of the applicant.
(B) Whether or not the applicant can reasonably finance the project without assistance from the state.
(3) Total priority points. Total priority points will be calculated and awarded for individual projects; therefore, eligible entities will be required to complete separate applications for each project for which grant funds are requested. Priority lists compiled and published by other Oklahoma State agencies and/or seniority dates of applications submitted shall be utilized to decide ties in point totals among applicants.
(b) Priority formula for eligible entities other than school districts.
(J) AN = Application number
(I) If the cost per 5000 gallons is $50.00 or greater, the applicant receives 10 points.
(II) If the cost per 5000 gallons is $45.00 to $49.99, the applicant receives 9 points.
(III) If the cost per 5000 gallons is $40.00 to $44.99, the applicant receives 8 points.
(IV) If the cost per 5000 gallons is $35.00 to $39.99, the applicant receives 7 points.
(V) If the cost per 5000 gallons is $30.00 to $34.99, the applicant receives 6 points.
(VI) If the cost per 5000 gallons is $25.00 to $29.99, the applicant receives 5 points.
(VII) If the cost per 5000 gallons is $23.00 to $24.99, the applicant receives 4 points.
(VIII) If the cost per 5000 gallons is $21.00 to $22.99, the applicant receives 3 points.
(IX) If the cost per 5000 gallons is $19.00 to $20.99, the applicant receives 2 points.
(X) If the cost per 5000 gallons is $18.00 to $18.99, the applicant receives 1 point.
(XI) If the cost per 5000 gallons is less than $18.00, the applicant receives 0 points.
(I) If the cost per 5000 gallons is $56.00 or greater, the applicant receives 10 points.
(II) If the cost per 5000 gallons is $53.00 to $55.99, the applicant receives 9 points.
(III) If the cost per 5000 gallons is $49.00 to $52.99, the applicant receives 8 points
(IV) If the cost per 5000 gallons $45.00 to $48.99, the applicant receives 7 points.
(V) If the cost per 5000 gallons is $41.00 to $44.99, the applicant receives 6 points.
(VI) If the cost per 5000 is $37.00 to $40.99, the applicant receives 5 points.
(VII) If the cost per 5000 gallons is $34.00 to $36.99, the applicant receives 4 points.
(VIII) If the cost per 5000 gallons is $32.00 to $33.99, the applicant receives 3 points.
(IX) If the cost per 5000 gallons is $31.00 to $31.99, the applicant receives 2 points.
(X) If the cost per 5000 gallons is $30.00 to $30.99, the applicant receives 1 point.
(XI) If the cost per 5000 gallons is less than $30.00, the applicant receives 0 points.
(I) If the cost per connection per month is $34.00 or greater, the applicant receives 10 points.
(II) If the cost of connection per month is $32.00 to $33.99, the applicant receives 9 points.
(III) If the cost of connection per month is $30.00 to $31.99, the applicant receives 8 points.
(IV) If the cost of connection per month is $28.00 to $29.99, the applicant receives 7 points.
(V) If the cost of connection per month is $26.00 to $27.99, the applicant receives 6 points.
(VI) If the cost of connection per month is $24.00 to $25.99, the applicant receives 5 points.
(VII) If the cost of connection per month is $22.00 to $23.99, the applicant receives 4 points.
(VIII) If the cost of connection per month is $20.00 to $21.99, the applicant receives 3 points.
(IX) If the cost of connection per month is $18.00 to $19.99, the applicant receives 2 points.
(X) If the cost of connection per month is $16.00 to $17.99, the applicant receives 1 point.
(XI) If the cost of connection per month is less than $16.00, the applicant receives 0 points.
(v) If the indebtedness per customer is $13.00 to $14.49, the applicant receives 6 points.
(vi) If the indebtedness per customer is $11.50 to $12.99, the applicant receives 5 points.
(vii) If the indebtedness per customer is $10.00 to $11.49, the applicant receives 4 points.
(viii) If the indebtedness per customer is $8.50 to $9.99, the applicant receives 3 points.
(ix) If the indebtedness per customer is $7.00 to $8.49, the applicant receives 2 points.
(x) If the indebtedness per customer is $5.50 to $6.99, the applicant receives 1 point.
(xi) If the indebtedness per customer is less than $5.50, the applicant receives 0 points.
(I) If the percentage of the project cost locally funded is 90% or greater, the applicant shall be given 10 points.
(II) If the percentage of the project cost locally funded is at least 80% but less than 90%, the applicant receives 9 points.
(III) If the percentage of the project cost locally funded is at least 70% but less than 80%, the applicant receives 8 points.
(IV) If the percentage of the project cost locally funded is at least 60% but less than 70%, the applicant receives 7 points.
(V) If the percentage of the project cost locally funded is at least 50% but less than 60%, the applicant receives 6 points.
(VI) If the percentage of the project cost locally funded is at least 40% but less than 50%, the applicant receives 5 points.
(VII) If the percentage of the project cost locally funded is at least 30% but less than 40%, the applicant receives 4 points.
(VIII) If the percentage of the project cost locally funded is at least 25% but less than 30%, the applicant receives 3 points.
(IX) If the percentage of the project cost locally funded is at least 20% but less than 25%, the applicant receives 2 points.
(X) If the percentage of the project cost locally funded is at least 15% but less than 20%, the applicant givenreceives 1 point.
(XI) If the percentage of the project cost locally funded is less than 15%, the application shall not be approved nor funded.
(I) If the median household income is less than $17,000, the applicant receives 10 points.
(II) If the median household income is $17,000 to $20,999, the applicant receives 9 points.
(III) If the median household income is $21,000 to $23,999, the applicant receives 8 points.
(IV) If the median household income is $24,000 to $28,999, the applicant receives 7 points.
(V) If the median household income is $29,000 to $31,999, the applicant receives 6 points.
(VI) If the median household income is $32,000 to $36,999, the applicant receives 5 points.
(VII) If the median household income is $37,000 to $39,999, the applicant receives 4 points.
(VIII) If the median household income is $40,000 to $44,999, the applicant receives 3 points.
(IX) If the median household income is $45,000 to $47,999, the applicantreceives 2 points.
(X) If the median household income is $48,000 to $51,999, the applicant receives 1 point.
(XI) If the median household income is $52,000 or greater, the applicant receives 0 points.
(I) FP = Estimate of the amount monthly water/sewer rates would have to be raised to finance the amount of grant request for the project.
(II) AR = Amount of grant request. For this calculation, the amount of available reserve not dedicated to the project will be deducted from the amount requested.
(III) (0.0710) = Annual rate factor for a 25 year loan at 5%
(IV) (12) = Number of months per year.
(V) (C) = Number of customers
(iv) Points in the FP ranking are awarded as follows:
(I) If the ability to finance the project is $10.00 or greater, the applicant receives 12 points.
(II) If the ability to finance the project is $8.00 to $9.99, the applicant receives 11 points.
(III) If the ability to finance the project is $6.00 to $7.99, the applicant receives 10 points.
(IV) If the ability to finance the project is $5.00 to $5.99, the applicant receives 9 points.
(V) If the ability to finance the project is $4.00 to $4.99, the applicant receives 8 points.
(VI) If the ability to finance the project is $3.00 to $3.99, the applicant receives 7 points.
(VII) If the ability to finance the project is $2.00 to $2.99, the applicant receives 6 points.
(VIII) If the ability to finance the project is $1.75 to $1.99, the applicant receives 5 points.
(IX) If the ability to finance the project is $1.50 to $1.74, the applicant receives 4 points.
(X) If the ability to finance the project is $1.25 to $1.49, the applicant receives 3 points.
(XI) If the ability to finance the project is $1.00 to $1.24, the applicant receives 2 points.
(XII) If the ability to finance the project is $0.75 to $0.99, the applicant receives 1 point.
(XIII) If the ability to finance the project is less than $0.75, the applicant receives 0 points.
(i) Points under this category for amount of grant requested are distributed as follows:
(I) If the grant amount requested is $95,001 to $100,000, the applicant receives -5 points.
(II) If the grant amount requested is $90,001 to $95,000, the applicant receives -4 points.
(III) If the grant amount request is $85,001 to $90,000, the applicant receives -3 points.
(IV) If the grant smount requested is $80,001 to $85,000, the applicant receives -2points.
(V) If the grant amount requested is $75,001 to $$80,000, the applicant receives -1 point.
(VI) If the grant amount requested is $70,001 to $75,000, the applicant receives 0 points.
(VII) If the grant amount requested is $65,001 to $70,000, the applicant receives 1 point.
(VIII) If the grant amount requested is $60,001 to $65,000, the applicant receives 2 points.
(IX) If the grant amount requested is $55,001 to $60,000, the applicant receives 3 points.
(X) If the grant amount requested is $50,000 to $55,000, the applicant receives 4 points.
(XI) If the grant amount requested is $45,001 to $50,000, the applicant receives 5 points.
(XII) If the grant amount requested is $40,001 to $45,000the applicant receives 6 points.
(XIII) If the grant amount requested is $35,001 to $40,000, the applicant receives 7 points.
(XIV) If the grant amount requested is $30,001 to $35,000, the applicant received 8 points.
(XV) If the grant amount requested is $25,001 to $30,000, the applicant receives 9 points.
(XVI) If the grant amount requested is $25,000 or less, the applicant receives 10 points.
(ii) If a project exceeds $75,000 and the amount of funds needed over and above the OW RB grant request are being secured through a loan from OWRB, then there will be no deduction of points under this category.
(I) Number of grants. Since it is anticipated that entities who have received emergency grants might submit additional grant applications for approval, points will be deducted from such applications according to the following schedule; provided, points shall not be deducted from such any emergency grant which was funded 10 or more years prior to the date of Board action on the pending application and which has been subjected to a Board audit:
(i) If the qualified entity has received one (1) prior grant , the application receives -5 points.
(ii) If the qualified entity has received two (2) prior grants, the application receives -8 points.
(iii) If the qualified entity has received three (3) prior grants, the application receives -10 points.
(iv) If the qualified entity has received four (4) prior grants , the application receives -12 points.
(v) If the qualified entity has received five (5) or more prior grants, the application receives -14 points.
(1) Formula. The following formula has been devised to rank grant applications: P E + WR + I + L + MHI + FP T=ER + RS + OCR + LP + ACPI + AR + BP - AN, where:
(A) P = Priority ranking T= Total priority points (105)
(B) E = Emergency ranking (50)
(C) W R = Water and sewer rate RS= Rates and Study (10)
(D) I = Indebtedness per customerOCR - Operational cost ratio (13)
(E) LP = Amount of local contribution toward projectLocal Participation (10)
(F) MHI = Median Household IncomeAPCI = Adjusted per capita income (10)
(G) FP = Applicant's ability to finance projectAR = Amount of grant requested (7)
(H) AR = Amount of grant requestedBP = Benefit of project to other systems (5)
(I) BP = Benefit of project to other systemsAN = Application number (0)
(2) Explanation. Each of these criteria are explained below:
(A) Emergency rankings (E). Emergencies are ranked by severity with Category 1 being the most severe and Category 2 being the least severe. Points awarded range from a maximum of 50 points for Category 1 and a minimum of 40 points for Category 2. If an applicant requests funds to correct more than one emergency category need, only the amount of assistance needed to correct the most severe need will be considered in the calculation for the application ranking. The applicant will be informed that separate and additional applications must be filed for other needs and projects. An applicant who receives funding for a project under any of the listed emergencies may not reapply under the same emergency. The two (2) emergency ranking categories are as follows:
(i) Category 1. Total loss of a water supply or sewage system or loss of a major component of a system due to a natural or unforeseen disaster which could not have been prevented by the exercise of reasonable care by the applicant. Examples of such disasters may include but are not necessarily limited to: tornado; flood; fire; severe weather; landslide; sudden loss of a water supply system; sudden collapse of a major structural portion of a system; signs of imminent failure of a public water supply lake dam, spillway or outlet structure such as settlement or slumping of the crest, excessive seepage, slides, cracks or sloughs along the upstream and downstream slopes of the dam. Also included under this category is the construction of a new water system to serve areas where residents are supplied by domestic sources or domestic systems whose quantity does not supply the basic needs of the residents. In such cases where new or extended systems are proposed, the Board shall consider and determine whether an adequate population density is available to utilize the proposed system. Notwithstanding any other provisions of this Chapter, if the density is preliminarily determined by Board staff to be inadequate for the applicant to feasibly provide operation and maintenance of the new or extended system, then the application will not be recommended for approval until the proper density, which will make the extension feasible, is achieved. Category 1 emergencies receive 50 points.
(ii) Category 2. Water or sewer emergencies which could not have been prevented by the exercise of reasonable care by the applicant and which cause immediate danger or an imminent health hazard to the community or other nearby citizens. Such emergencies may include but are not necessarily limited to: users or systems whose water supply is deemed to be dangerous or unhealthy; systems whose supply source becomes contaminated by man-made pollution caused by a person other than the applicant; overflow of raw sewage into homes or streets due to structural failure in the collection mains and/or structural, mechanical, or electrical failure at a lift station due to disasters which could not have been prevented by the exercise of reasonable care by the applicant, including but not limited to tornado, flooding, fire, or landslides; sewage treatment systems which discharge raw or inadequately treated sewage effluent whose quality and/or quantity causes an immediate and imminent health or safety danger to a public water supply due to a structural, mechanical or electrical failure of a process unit(s) caused by disasters which could not have been prevented by the exercise of reasonable care by the applicant, including but not limited to tornado, flooding, fire, or landslides. Also included under this category is the construction of a new water system to serve areas where residents are supplied by domestic sources or domestic systems whose quality is dangerous or unhealthy as a consequence of circumstances that could not have been prevented by the exercise of reasonable care by the applicant. In such cases where new or extended systems are proposed, the Board shall consider and determine whether an adequate population density is available to utilize the proposed system. Notwithstanding any other provision of this Chapter, if the density is preliminarily determined by Board staff to be inadequate for the applicant to feasibly provide operation and maintenance of the new or extended system, then the application will not be recommended for approval until the proper density, which will make the extension feasible, is achieved. Category 2 emergencies receive 40 points.
(B) Water and sewer rate structure (WR)Rates and Study (RS). A recent rate study will help ensure an applicant has current rates that will benefit the system in the long run. A study must be conducted frequently to stay current with aging infrastructure needs. The rate study is to be conducted independently by a third-party entity that does not stand to gain from the transaction. The maximum points possible under this criterion is 10 points.
(i) For systems providing water service only: If a rate study has been conducted and implemented within two (2) years of the application date, the applicant receives 5 points.
(ii) For systems providing water and sewer services:If a rate study was conducted and implemented more than two (2) years but less than five (5) years prior to the application date, the applicant receives zero (0) points.
(iii) For systems providing sewer service only:
(iv) The Board will deduct 3 points from the total of the Water and Sewer Rate Structure ranking for any system which charges a flat water or sewer rate (unmetered) without regard to the amount of water or sewer used, and 2 points for a decreasing block rate which lowers the cost per 1000 gallons for customers using larger amounts of water. No points will be added or subtracted for systems using a fixed rate per 1,000 gallons above the minimum. Two points will be added for systems using an increasing block rate. Entities who dedicate sales tax for water and/or sewer improvements will be awarded 1 additional point. Under the category the maximum number of points is 13 and the minimum is -3 points.
(I) The Board will deduct three (3) points from the total for any system which charges a flat-water rate or sewer rate (unmetered) without regard to the amount of water or sewer used.
(II) The Board will deduct two (2) points for a decreasing block rate which lowers the cost per 1000 gallons for customers using larger amounts of water.
(III) No points will be added or subtracted for systems using a fixed rate per 1,000 gallons above the minimum.
(IV) Two (2) points will be added for systems using an increasing block rate.
(V) Entities who dedicate sales tax for water and/or sewer improvements will be awarded one (1) additional point.
(VI) Entities who have implemented an automatic rate increase will be awarded two (2) additional points.
(C) Indebtedness per customer (I). The indebtedness per customer ranking is calculated by taking the applicant's monthly requirements for debt service on debt incurred for water and/or sewer system purposes and dividing it by the number of customers served.Operational Cost Ratio (OCR). The operational cost ratio will look at the applicant’s total operating revenues and compare them against the operating expenses and debt to gauge ability to finance debt based off of their most recent audit not more than two (2) fiscal years behind. An Agreed Upon Procedure not more than two (2) fiscal years behind will be accepted to be reviewed. Operating revenues shall include interest income as well as membership fees, along with all revenues listed under the revenues category. If sales tax is dedicated towards water and/or sewer improvements as indicated in the Rate Study, sales tax revenue will also be included in operating revenues. Operating expenses shall include everything in the expenses category except depreciation. Debt shall mean any outstanding obligations related to water and/or sewer infrastructure and will include the amount of grant requested. The maximum points possible under this criterion is thirteen (13) points. The formula is as follows: Operational Cost Ratio = (Operating Revenues - Operating Expenses + Depreciation)/(Debt + Amount of grant requested). If the applicant does not have any debt, the grant amount requested will be taken into consideration to determine OCR.
(i) If the indebtedness per customer is $20.00 or greater, the applicant receives 10 points.If operational cost ratio is less than 1.0 times, the applicant receives 0 points.
(ii) If the indebtedness per customer is $17.50 to $19.99, the applicant receives 9 pointsIf operational cost ratio is 1.0 times, the applicant receives 5 points.
(iii) If the indebtedness per customer is $16.00 to $17.49, the applicant receives 8 points.If operational cost ratio is more than 1.0 times but less than 1.25 times, the applicant receives 10 points.
(iv) If the indebtedness per customer is $14.50 to $15.99, the applicant receives 7 points.If operational cost ratio is more than 1.25 times, the applicant receives 13 points.
(D) Local participation (L). The local participation ranking is based on the percentage of the total project cost which is locally funded through cash contributions, or incurrence of additional debt through a loan. Grant funds received through other agencies will be counted as local funding. The maximum points possible under this criterion is ten (10) points. Points awarded for participation are as follows:
(i) The Board will not approve nor fund any grant application unless the applicant contributes at least fifteen percent (15%) of the total cost of the proposed project.If the percentage of the project cost locally funded is less than 15%, the applicant receives 0 points.
(ii) The local participation ranking is based on the percent of the total project cost which is locally funded through cash contributions, or incurrence of additional debt through a loan. Grant funds received through other agencies will not be counted as local funding. Points awarded for participation are as follows:If the percentage of the project cost locally funded is 15% or more but less than 20%, the applicant receives 5 points.
(iii) If the percentage of the project cost locally funded is more than 20%, the applicant receives 10 points.
(E) Median Household Income (MHI). The median household income is calculated according to the most current federal decennial census or American Community Survey data available.Adjusted Per Capita Income (APCI). The Adjusted Per Capita Income (APCI) is a formula that takes into account the affordability criteria of the applicant and is measured against the Unites States’ APCI to determine tier ranking based off of what percentage applicant receives. Data from the census website is used to determine per capita income, unemployment rate, and population trend. The maximum points possible under this criterion is 10 points.
(i) The county median figure for median household income will be used in cases where data for the applicant's service area is not available.The formula is as follows: APCI = Per Capita Income * Employment Rate * Population Trend.
(I) Employment Rate = 1 – unemployment rate.
(II) Population Trend = 10-year difference in population from most recent Census
(III) Tier Ranking = Percentage of APCI = APCI/US. APCI
(ii) Points are awarded as follows:Rural Water and Sewer systems are requested to contact OWRB for additional information needed to determine percentage ranking. Required data of at least two of the largest communities served by the RW&S system will be averaged to determine RW&S percentage ranking and tier determination or data presented to OWRB that more accurately reflects the entity’s current or proposed service area, that will be evaluated on a case-by-case basis. If a system serves only one community, the sole community’s data will be used to determine RW&S percentage ranking and tier determination.
(iii) Tier ranking:
(I) If percentage of APCI is equal to 81% or more of U.S. APCI, applicant will be considered a Tier 4 and receives 4 points.
(II) If percentage of APCI is more than or equal to 71% but less than 81% of U.S. APCI, applicant will be considered Tier 3 and receives 6
(III) If percentage of APCI is more than or equal to 56% but less than 71% of U.S. APCI, applicant will be considered a Tier 2 and receives 8 points.
(IV) If percentage of APCI is equal to 55% or less of U.S. APCI, applicant will be considered a Tier 1 and receives 10 points.
(F) Ability to finance project (FP). Amount of grant requested (AR). The maximum number of points under this criterion is seven (7) and the minimum is negative five (-5) points.
(i) The maximum points possible under this criterion for the ability of the applicant to finance the project without assistance from the state is 12.Points under this category for the amount of grant requested are distributed as follows:
(I) If the grant amount requested is $275,000 to $300,000, the applicant receives -5 points.
(II) If the grant amount requested is $250,000 to $274,999.99, the applicant receives -4 points.
(III) If the grant amount request is $225,000 to $249,999.99, the applicant receives -3 points.
(IV) If the grant amount requested is $200,000 to $249,999.99, the applicant receives -2points.
(V) If the grant amount requested is $175,000.01 to $199,999.99, the applicant receives -1 point.
(VI) If the grant amount requested is $175,000.00, the applicant receives 0 points.
(VII) If the grant amount requested is $150,000 to $174,999.99, the applicant receives 1 point.
(VIII) If the grant amount requested is $125,000 to 149,999.99, the applicant receives 2 points.
(IX) If the grant amount requested is $100,000 to $124,999.99, the applicant receives 3 points.
(X) If the grant amount requested is $75,000 to $99,999.99, the applicant receives 4 points.
(XI) If the grant amount requested is $50,000 to $74,99.999, the applicant receives 5 points.
(XII) If the grant amount requested is $25,000 to $49,999.99, the applicant receives 6 points.
(XIII) If the grant amount requested is $24,999.99 and below, the applicant receives 7 points.
(ii) The FP ranking gives a standardized account of the amount the existing water/sewer rates would have to be raised in order for the applicant to finance the project through a loan. A standard interest rate and term of 5% for 25 years is assumed. The cost per customer per month is calculated using the following formula: FP equals the product of AR multiplied by (0.0710), divided by the product of (12) multiplied by (C), where:If a project exceeds $175,000 and the amount of funds needed over and above the OWRB grant request are being secured through a loan from OWRB, then there will be no deduction of points under this category.
(iii) In cases where the applicant's current revenues exceed expenses by a large margin, the Board will appropriately adjust the (AR) figure to accurately represent the applicant's ability to finance the project.No grant shall be made to any single eligible entity during any fiscal year in an amount exceeding twenty percent (20%) of the funds available for grants to eligible entities during that fiscal year nor shall such grant exceed Three Hundred Thousand Dollars ($300,000.00).
(G) Amount of grant requested (AR).Project benefit to other systems (BP). If the applicant's project will benefit other adjacent systems as well as applicants, or result in or lead to consolidation of systems, an additional five (5) priority points will be included in the total of priority points assigned to the application.
(H) Project benefit to other systems (BP). If the applicant's project will benefit other adjacent systems as well as applicant's, or result in or lead to consolidation of systems, an additional five (5) priority points will be included in the total of priority points assigned to the application.Number of grants. Since it is anticipated that entities who have received emergency grants might submit additional grant applications for approval, points will be deducted from such applications according to the following schedule; provided, points shall not be deducted from such any emergency grant which was funded 10 or more years prior to the date of Board action on the pending application and which has been subjected to a Board audit:
(i) If the qualified entity has received one (1) prior grant, the applicant receives -5
(ii) If the qualified entity has received two (2) prior grants, the applicant receives -8
(iii) If the qualified entity has received three (3) prior grants, the applicant receives -10 points.
(iv) If the qualified entity has received four (4) prior grants, the applicant receives -12 points.
(v) If the qualified entity has received five (5) or more prior grants, the applicant receives -14 points.
(c) Priority formula for school districts.
(1) School districts, created under Article V of the 1971 School Code, 70 O.S. 1981, §5-101 et seq., are political subdivisions of the State, and therefore are eligible for financial assistance under the Board's program.
(2) In evaluating and prioritizing grant applications from school districts similar criteria to those applied to municipalities, towns and rural water districts will be utilized.
(3) In developing a priority formula for school district applicants, again, the two primary statutory criteria are:
(A) The emergency situation of the school district.
(B) Whether the school district can reasonably finance the emergency project without the Board's assistance.
(4) The emergency aspect of each project is ranked with a maximum of 50 points being given to the most serious situations and a minimum of 30 points to the least serious. The emergency categories and points given for each are the same as those listed in (b)(2) of this Section.
(5) The school district's financial situation is given a maximum of 66 points and is derived by analyzing the following:
(A) Local tax levies
(B) Bonded indebtedness
(C) Local contribution
(D) Median household income within the school district's geographical area
(E) Applicant's ability to finance project
(F) Amount of grant requested
(G) Application number
(6) Priority lists compiled and published by other Oklahoma state agencies shall be utilized to assess the seriousness of the emergency.
(7) Using the previously mentioned analysis, the following formula has been devised to rank school districts' grant applications: P = E + LT + BI + L + MHI + FP + AR - AN, where:
(A) P = Priority ranking total points
(B) E = Emergency ranking
(C) LT = Local tax levies
(D) BI - Bonded indebtedness
(E) L = School's contribution toward the project
(F) MHI = Median household income of population within a school district
(G) FP = Applicant's ability to finance project
(H) AR = Amount of grant requested
(I) AN = Application number
(8) The criteria E, MHI, FP, AR and AN are the same as that set forth in (b) of this section. LT, BI and L are explained as follows:
(A) Local tax levies (LT). Points awarded under this category for local tax levies are based on the total amount of mills levied, as follows:
(i) If the mills are 95 to 100, the applicant receives 13 points.
(ii) If the mills are 90 to 94.99 the applicant receives 11 points.
(iii) If the mills are 85.to 89.99, the applicant receives 10 points.
(iv) If the mills are 80 to 84.99, the applicant receives 8 points.
(v) If the mills are 70 to 79.99, the applicant receives 6 points.
(vi) If the mills are 60 to 69.99, the applicant receives 4 points.
(vii) If the mills are 55 to 59.99, the applicant receives 2 points.
(viii) If the mills are 50 to 54.99, the applicant receives 1 point.
(ix) If the mills are 45 to 59.99, the applicant receives 0 points.
(x) if the mills are 40 to 44.99, the applicant receives -1 point.
(xi)If the mills are less than 40, the applicant receives -2 points.
(B) Bonded indebtedness (BI).
(i) Priority points for Bonded Indebtedness are as follows:
(I) If the percentage is 95% to 100%, the applicant receives 10 points
(II) If the percentage is 90% to 94.99%, the applicant receives 8 points.
(III) If the percentage is 80% to 89.99%, the applicant receives 7 points.
(IV) If the percentage is 75% to 79.99%, the applicant receives 6 points.
(V) If the percentage is 70% to 74.99%, the applicant receives 5 points.
(VI) If the percentage is 65% to 69.99%, the applicant receives 4 points
(VII) If the percentage is 60% to 64.99%, the applicant receives 3 points.
(VIII) If the percentage is 55% to 59.99%, the applicant receives 2 points.
(IX) If the percentage is 50% to 54.99%, the applicant receives 1 point.
(X) If the percentage is 45% to 44.99%, the applicant receives 0 points.
(XI) If the percentage is 40% to 44.99%, the applicant receives -1 point.
(XII) If the percentage is 30% to 39.99%, the applicant receives -2 points.
(XIII) If the percentage is less than 30%, the applicant receives -3 points.
(ii) A deduction of one (1) point from the indebtedness ranking total will be made for applicants with 75% of existing debts financed at rates of 5% or less, and one (1) point will be added if 75% of existing debts are financed at rates greater than 10%.
(C) Local participation (L).
(i) In order to achieve the maximum benefit from available grant funds, the Board will not approve nor fund any grant application unless the applicant contributes at least fifteen percent (15%) of the total cost of the proposed project.
(ii) The local participation ranking is based on the percent of the total project cost which is locally funded through cash contributions or incurrence of additional debt through a loan. Points awarded are as follows:
(I) If the percentage of the project cost locally funded is 90% or greater, the applicant receives 10 points.
(II) If the percentage of the project cost locally funded is at least 80% but less than 90%, the applicant receives 9 points.
(III) If the percentage of the project cost locally funded at least 70% but less than 80%, the applicant receives 8 points.
(IV) If the percentage of the project cost locally funded at least 60% but less than 70%, the applicant receives 7 points.
(V) If the percentage of the project cost locally funded at least 50% but less than 60%, the applicant receives 6 points.
(VI) If the percentage of the project cost locally funded is at least 50% but less than 60%, the applicant receives 5 points.
(VII) If the percentage of the project cost locally funded is at least 40% but less than 50%, the applicant receives 4 points.
(VIII) If the percentage of the project cost locally funded is at least 25% but less than 30%, the applicant receives 3 points.
(IX) If the percentage of the project cost locally funded is at least 20% but less than 25%, the applicant receives 2 points.
(X) If the percentage of the project cost locally funded is at least 15% but less than 20%, the applicant receives 1 point.
(XI) If the percentage of the project cost locally funded is less than 15%, the application shall not be approved nor funded.
(iii) Under the Ability to Finance Project (FP) category the Number of Customers (C) as previously discussed will be replaced by the Number of Families within a school district. Points awarded under the FP category are the same as discussed and shown in (b) of this Section.
SUBCHAPTER 8. RURAL ECONOMIC ACTION PLAN (REAP) GRANT PROGRAM REQUIREMENTS AND PROCEDURES
785:50-8-3. Application review and disposition [AMENDED]
(a) General procedures. The general procedure to be followed in the financial assistance application, review and consideration process for financial assistance under the REAP grant program shall be as follows:
(1) Pre-application workshop.
(A) While not specifically required, all potential applicants are encouraged to participate in the pre-application workshop between Board staff, potential applicants (or representative), applicant's legal, financial and engineering advisors and such other persons whose attendance and participation may be deemed appropriate and beneficial. Applicants who attend the workshop shall receive additional points.
(B) At the pre-application workshop, preliminary matters respecting the applicant, the proposed project and the application for assistance may be generally discussed in an effort to familiarize all concerned parties with the financial assistance program and applicable application requirements and procedures.
(2) Application.
(A) Applicant shall initiate application review and consideration by submission to the Board of applicant's application for financial assistance. An application may be submitted directly by the qualified entity or, at the qualified entity's discretion, may be submitted by a COG for the benefit or on behalf of a qualified entity. A COG may assist a qualified entity in filling out or filing an application, but a COG may not exercise any power of review, approval or disapproval over an application. All applications filed with any COG shall be submitted by the COG to the Board. If an application submitted by a COG is approved, the money shall be disbursed directly to the qualified entity.
(B) In all instances, applications must be submitted in a form which meets the requirements of Subchapter 5.
(C) All applicants must have the verification form signed and notarized by the applicant representative, and must have athe signature of an attorney representing applicant.
(3) Submittal to Board. Upon completion of staff review, the submitted application (with staff recommendations, if any) shall be placed upon the Board's agenda for the next regular (or special) Board meeting and shall be thereby submitted to the Board for action as described in (e) below.
(b) General approval standards and criteria. In the review and consideration of applications for financial assistance under the REAP grant program, the Board shall follow the priority point system set forth in 785:50-8-5. The Board shall also give consideration to the following general and non-exclusive criteria for application approval:
(1) Compliance with laws. The application and proposed project must be found to be in compliance with all applicable and relevant federal, state and local laws and regulations, and applicant must possess all necessary and incidental legal rights and privileges necessary to project commencement and operation.
(2) Eligibility. The applicant must be a qualified entity (or a COG applying on behalf of a qualified entity) and the proposed project must be for a qualified purpose as defined in 785:50-3-1 or 785:50-8-2.
(3) Local need, support and priority. The project must be found to be needed in the area to be served and must be found to be sufficient, as proposed, to serve such needs. The Board shall additionally consider the project's relative benefit and priority in relation to the needs of other proposed projects and applicants.
(4) Availability of other assistance. The Board shall consider the feasibility and availability of alternative sources of revenue which could be obtained and utilized by applicant for project financing.
(5) Economic feasibility. The Board shall consider the overall apparent economic viability and feasibility of the project as a whole.
(6) Project feasibility. The Board shall consider from the engineering data submitted and otherwise available whether the proposed project appears to be feasible, and must determine as a prerequisite to application approval and funding that the project is cost effective.
(7) Statewide needs and public interest. The Board shall give consideration to the relationship between the proposed project and the overall water resource development needs within the State of Oklahoma as well as to whether the proposed project, if constructed, will serve the public interest and welfare.
(8) REAP grant amount; availability of funds. In sizing a REAP grant, the Board shall take into consideration the current and anticipated availability of REAP program funds. Appropriations for the year will determine the highest amount allowable to be requested by the applicant.
(9) Conservation Measures. The Board shall consider whether or not the applicant has taken all reasonable measures to limit waste and conserve water.
(c) Criteria applicability.
(1) The general criteria set forth in (b) and (d) of this Section are intended to constitute and shall constitute general guidelines and standards for application review and consideration by the Board.
(2) Such criteria shall not be deemed exclusive.
(3) In all instances, each individual application and project must be reviewed and considered on its own individual merits.
(4) The criteria and standards set forth in (b) and (d) of this Section shall accordingly be interpreted and applied so as to allow sufficient flexibility in the ultimate exercise of Board's judgment and discretion.
(d) Criteria for denying an application. The Board may deny an application for a REAP grant for any of the following reasons:
(1) The applicant or the entity which stands to receive the benefit of the grant assistance is not an eligible entity.
(2) Any other reason based upon applicable law or the Board's judgment and discretion.
(e) Board action.
(1) After reviewing and considering the submitted application, the Board may proceed to take one of the following alternative forms of Board action on the application:
(A) The Board may approve and grant the application as submitted, in whole or in part, and thereby authorize such further action as may be necessary to effectuate the disbursement of funds.
(B) The Board may retain the application under advisement for further consideration or continue hearing on same for later ruling and disposition, and, the Board may withhold ruling on the application pending further hearing and/or submission to the Board of such further or additional information as the Board may require for application consideration purposes.
(C) The Board may reject and deny the application, in whole or in part, based upon any criteria described in (d) of this Section which may be applicable.
(D) The Board may approve and grant the application, in whole or in part, such approval being conditioned and contingent upon the existence of adequate and available grant funds or conditioned and contingent upon receipt and approval by Board staff of any outstanding and necessary material, information, documents, verifications or other authorization.
(2) Upon approval of an application, the Board may authorize the execution of all necessary grant documents and instruments by the Chairman of the Board, or other designated Board member, and may accordingly authorize and provide for disbursements and may authorize such further or additional action as may be necessary to complete and implement the approved transaction.
785:50-8-5. REAP grant priority point system [AMENDED]
(a) Basis of priority system and formula.
(1) General description. The priority system consists of a mathematical equation rating the qualified entities and the proposed project in accordance with the requirements of state law by means of a formula awarding points for each criterion used in the evaluation. The maximum point total under the system is one hundred thirty (130). The Board may consider each month, and in order from the highest rating, those applications awarded point ratings of 40 or more priority points. If the Board determines that the qualified entity with the highest point rating cannot promptly proceed with the project due to delays, including but not limited to those caused by legal problems, engineering problems, feasibility problems or availability of other funding sources, the Board may pass over consideration of such application then proceed to consider in order the next highest rated application. Applications which are bypassed shall retain their ratings and thus remain eligible for further consideration. Applications preliminarily determined by Board staff to have point ratings of applicant submits additional information showing changed circumstances within 120 days after the date of staff's determination, and such information improves the applicant's preliminary point rating.
(2) Statutory criteria. The basis of the priority formula has been developed from the enacting legislation. The primary statutory criteria are:
(A) There shall be a higher priority for any city or town with a population less than one thousand seven hundred fifty (1,750) according to the Census Population than for any jurisdiction with a greater population; and rural water or sewer districts which have less than 525 non-pasture customers; and
(B) Among other cities or towns, those municipalities having relatively weaker fiscal capacity shall have a priority for project funding in preference to other municipalities [62:2003]. In order to give a priority evaluation to each applicant, the Board shall evaluate all applications according to the fiscal capacity criteria set forth in this Section.
(3) Total priority points. Total priority points will be calculated and awarded for individual projects. Therefore, qualified entities will be required to complete separate applications for each project for which grant funds are requested. Priority lists compiled and published by other Oklahoma State agencies and/or seniority dates of applications submitted shall be utilized to decide ties in point totals among qualified entities.
(b) Priority formula for eligible entities other than school districts and counties.
(1) Formula. The following formula has been devised to rank grant applications: T = P + WRRS + IOCR + MHILP+ FPAPCI + N + AR + BP + PG + S +WA, Where:
(A) T = Total of priority points (130)
(B) P = Population (55)
(C) WR = Water and sewer rate structure RS= Rates and Study (10)
(D) I = Indebtedness per customer OCR = Operational cost ratio (13)
(E) MHI = Median household income LP = Local participation (10)
(F) FP = Applicant's ability to finance project APCI = Adjusted per capita income (10)
(G) N = Need (5)
(H) AR = Amount of grant requested(7)
(I) BP = Project benefit to other systems(5)
(J) PG = Previous grant assistance(0)
(K) S = Sustainability(10)
(L) WA = Workshop attended (5)
(2) Explanation. Each of these criteria are explained below:
(A) Population (P). Municipalities which have a population of less than 1,750 according to the latest Census Population will receive 55 priority points. Rural water or sewer districts which have less than 525 non-pasture customers will receive 55 points. The maximum points under this criterion is fifty-five (55) points,
(B) Water and Sewer rate structure (WR). Rates and study (RS.) A recent rate study will help ensure an applicant has current rates that will benefit the system in the long run. A study must be conducted frequently to stay current rates that will benefit the system in the long run. a study must be conducted frequently to stay current with aging infracture needs. The study is to be conducted independently by a third-party entity that does not stand to gain from the transaction. The maximum points possible under this criterion is ten (10) points and the minimum is negative (-8).
(i) For systems providing water service only If a rate study has been conducted and implemented within two (2) years of the appliation date, the application receives five (5) points,
(ii) For systems providing water and sewer services; If a rate study was conducted and implemented more than two (2) years of the application date but less than five (5) years from the application date, the applicant receives zero (0) points.
(iii) For systems providing sewer service only; If a rate study has not been conducted or implemented within 5 years of the application date, the applicant receives negative five (-5) points.
(iv) The Board will deduct 3 points from the total of the Water and Sewer Rate Structure ranking for any system which charges a flat water rate or sewer rate (unmetered) without regard to the amount of water or sewer used, and 2 points for a decreasing block rate which lowers the cost per 1000 gallons for customers using larger amounts of water. No points will be added or subtracted for systems using a fixed rate per 1,000 gallons above the minimum. Two points will be added for systems using an increasing block rate. Entities who dedicate sales tax for water and/or sewer improvements will be awarded 1 additional point. Under this category the maximum number of points is 13 and the minimum is -3 points. Billing Rate Structure:
(I) The Board will deduct three (3) points from the total for any system which charges a flat-water rate or sewer rate (unmetered) without regard to the amount of water or sewer used.
(II) The Board will deduct two (2) points for a decresing block rate whihc lowers the cost per 1,000 gallons for customers using larger amounts of water.
(III) No points will be added or subtracted for systems using a fixed rate per 1,000 gallons above the minimum.
(IV) Two (2) points will be added or subtracted for systems using an increasing block rate.
(V) Entities who dedicate sales tax for water and/or sewer improvements will be awarded one (1) additional point.
(VI) Entities who have implemented an automatic rate increase will be awarded two (2) additional points.
(C) Indebtedness per customer (I). Operational Cost Ratio (OCR). The operational cost ratio will look at the applicant's total operating revenues and compare them against the operating expenses and debt to gauge ability to finance debt based off of their most recent audit not more than two (2) fiscal years behind. An Agreed Upon Procedure not more than two (2) fiscal years behind will be accepted to be reviewed. Operating revenues shall include interest income as well as membership fees, along with all revenues listed under the revenues category. If sales tax is dedicated towards water and/or sewer improvements as indicated in the Rate Study, sales tax revenue will also be included in the operating revenues. Operating expenses shall include everything in the expenses category except depreciation. Debt shall mean any outstanding obligations related to water and/or sewer infrastructure and will include the amount of grant requested. The maximum points possible under this criterion is thirteen (13) points. The formula is as follows: Operational Cost Ratio= (Operating Revenues - (Operating Expenses + Depreciation) / ( Debt + Amount of grant requested. If the applicant does not have any debt, the grant amount will be taken into consideration to determine OCR. The indebtedness per customer ranking is calculated by taking the applicant's monthly requirements for debt service on debt incurred for water and/or sewer system purposes and dividing it by the number of customers served. When the applicant is a provider of wholesale water to other systems, the number of customers served is the sum total of the customers served by the systems to whom they sell water.
(i) If the indebtedness per customer is $20.00 or greater, the applicant receives 10 points.If the operational cost ratio is less than 1 times, the applicant receives 0 points.
(ii) If the indebtedness per customer is $17.50 to $19.99, the applicant receives 9 points If the operational cost ratio is ore than 1.0 times, the applicant receives 5 points.
(iii) If the indebtedness per customer is $16.00 to $17.49, the applicant receives 8 points.If the operational cost ratio is over 1.0 times but less than 1.25 times, the applicant receives 10 points.
(iv) If the indebtedness per customer is $14.50 to $15.99, the applicant receives 7 points. If the operational cost ratio is over 1.25 times, the applicant receives 13 points.
(D) Median household income (MHI). Local Participation (LP). The local participation ranking is based on the percentage of the total project cost which is locally funded through cash contributions or incurrence of additional debt through a loan. Grant Funds received through other agencies will be counted as local funding. The maximum points possible under this criterion is 10 points. Points awarded for participation as follows: The median household income is calculated according to the most current United States Decennial Census or American Community Survey data available.
(i) The county median figure for median household income will be used in cases where data for the applicant's service area is not available. If the percentage of project cost locally funded is less than 15%, the applicant receives 0 points.
(ii) Points for this MHI criterion are awarded according to the decennial census or American Community Survey data available. Points are awarded as follows: If the percentage of project cost locally funded is 15% or more but less that 20%, the applicant receives 5 points.
(iii) If the percentage of project cost locally funded is more than 20%, the applicant receives 10 points.
(E) Ability to finance project (FP). Adjusted Per Capita Income (APCI). The Adjusted Per Capita Income (APCI) is a formula that takes into account the affordability criteria of the applicant and is measured against the United States' APCI to determine tier ranking based off of what percentage applicant receives. Data from the census website is used to determine per capita income, unemployment rate, and population trend. The maximum points possible under the criterion us 10 points.
(i) The maximum points possible under this criterion for the ability of the applicant to finance the project without assistance from the state is 12.The formula is as follows: APCI= Per Capita Income * Employment Rate * Population Trend
(I) Employment Rate = 1- unemployment rate.
(II) Population Trend = 10-year difference in population from most recent Census
(III) Tire Ranking = Percentage of APCI = APCI/US.APCI
(ii) The FP ranking gives a standardized account of the amount the existing water/sewer rates would have to be raised in order for the applicant to finance the project through a loan. A standard interest rate and term of 5% for 25 years is assumed. The cost per customer per month is calculated using the following formula: FP = AR (0.0710)/(12)(C), Where: Rural Water and Sewer systems are requested to contact OWRB for additional information needed to determine percentage ranking. Required data of at least two of the largest communities served by the RW&S system will be averaged to determine RW&S percentage ranking and tier determination or data presented to OWRB that more accurately reflects the entity's current or proposed service area, that will be evaluated on a case-by-case basis. If a system serves only one community, the sole community's data will be used to determine RW&S percentage ranking and tier determination.
(iii) In cases where the applicant's current revenues exceed expenses by a large margin, the Board will appropriately adjust the (AR) figure to accurately represent the applicant's ability to finance the project. Tier ranking:
(I) If percentage of APCI is equal to 81% or more of the U.S. APCI, applicant will be considered a Tier 4 and receives 4 points.
(II) If percentage of APCI is more than or equal to 71% but less than 81% of U.S. APCI, applicant will be considered Tier 3 and receives 6 points.
(III) If percentage of APCI is more than or equal to 56% or less than 71% of U.S. APCI, applicant will be considered a Tier 2 and receives 8 points.
(IV) If percentage of APCI is equal to 55% or less of U.S. APCI, applicant will be considered a Tier 1 and receives 10 points.
(F) Need (N). An applicant who is subject to an enforcement order (i.e. consent order or administrative consent order) issued by a governmental agency with environmental jurisdiction receives 5 priority points for a proposed project which will remedy the violation out of which the order arose if the order specifies a project construction start date which is on or before June 30 of the Board's current fiscal year for funding REAP grants.
(G) Amount of grant requested (AR). Under this criteria the maximum number of points is seven (7) and the minimum is negative seven (-7) points. Appropriations for the year will determine the highest amount allowable to be requested by the applicant. Points under this category for amount of grant requested are determined as follows:
(i) If the grant amount requested is $140,001 to $150,000, the applicant receives -5 points.If the amount requested is $325,000 to $350,000, the applicant receives -7 points.
(ii) If the grant amount requested is $130,001 to $140,000, the applicant receives -4 points. If the grant amount requested is $300,000 to $324,999.99, the applicant receives -6 points.
(iii) If the grant amount requested is $120,001 to $130,000, the applicant receives -3 points. If the grant amount requested is $275,000 to $299,999.99, the applicant receives -5 points.
(iv) If the grant amount requested is $110,001 to $120,000, the applicant receives -2 points. If the grant amount requested is $250,000 to $274,999.99, the applicant receives -4 points.
(v) If the grant amount requested is $100,001 to $110,000, the applicant receives -1 point. If the grant amount requested is $225,000 to $249,999.99, the applicant receives -3 points.
(vi) If the grant amount requested is $100,000, the applicant receives 0 points. If the grant amount requested is $200,000 to $224,999.99 the applicant receives -2 points.
(vii) If the grant amount requested is $80,000 to $99,999, the applicant receives 1 point. If the grant amount requested is $175,000.01 to $1999,999.99, the applicant receives -1 point.
(viii) If the grant amount requested is $60,000 to $79,999, the applicant receives 2 points. If the grant amount requested is $175,000 the applicant receives 0 points.
(ix) If the grant amount requested is $40,000 to $59,999, the applicant receives 3 points. If the grant amount requested is $150,000 to $174,999.99, the applicant receives 1 point.
(x) If the grant amount requested is $20,000 to $39,999, the applicant receives 5 points. If the grant amount requested is $125,000 to $149,999.99, the applicant receives 2 points.
(xi) Any portion of a grant amount requested that is more than $150,000 shall be denied. If the grant amount requested is $100,000 to $124,999.99, the applicant receives 3 points.
(xii) If the grant amount requested is $75,000 to $99,999.9, the applicant receives 4 points.
(xiii) If the grant amount requested is $50,000 to $74,999.99, the applicant receives 5 points.
(xiv) If the grant amount requested is $25,000 to $49,999.99, the applicant receives 6 points,
(xv) If the grant amount requested is $25,999.99 and below, the applicant receives 7 points.
(xvi) Any portion of grant amount requested that is more than the allowable amount for that fiscal year will be denied.
(H) Project benefit to other systems (BP). If the applicant's project will benefit other adjacent systems as well as applicant's or result in or lead to consolidation of systems, an additional five (5) priority points will be included in the total of priority points assigned to the application.
(I) Previous grant assistance (PG). No qualified entity shall receive more than $150,000 in REAP grant assistance in any twelve (12) month period. For purposes of this subparagraph a political subdivision and all its public trusts and similar subordinate entities together shall be treated as one and the same qualified entity; provided, rural water or sewer districts shall not be construed to be subordinate entities of counties unless the effect would be to make multiple grants to substantially the same entity and/or service area. If a qualified entity has received one (1) or more REAP grants from the Board in the past, points shall be deducted from the application according to all of the following provisions that apply, provided points shall not be deducted from any such REAP grant which was funded 10 or more years prior to the date of Board action on the pending application, and has been subject to Board audit:
(i) If the qualified entity has received one (1) REAP grant in the preceding twelve (12) month period, the application receives -8 points.
(ii) If the qualified entity has received more than one (1) REAP grant in the preceding twelve (12) month period, the application receives -10 points for each REAP grant received.
(iii) If the qualified entity has received one (1) REAP grant more than twelve (12) months in the past, the application receives -5 points.
(iv) If the qualified entity has received two (2) REAP grants more than twelve (12) months in the past, the application receives -8 points.
(v) If the qualified entity has received three (3) REAP grants more than twelve (12) months in the past, the application receives -10 points.
(vi) If the qualified entity has received four (4) REAP grants more than twelve (12) months in the past, application receives -12 points.
(vii) If the qualified entity has received five (5) or more REAP grants more than twelve (12) months in the past, the application receives -14 points.
(J) Sustainability (S). The maximum possible points under this criterion is ten (10) points. Points will be awarded for an applicant's sustainability and long range planning as follows:
(i) Have and have implemented a Fiscal Sustainability Plan that meets the requirements of the Board Staff the applicant receives 10 points If an applicant has a fiscal sustainability and long-range plan that is in place and working to meet all the system needs, the plan will be ranked as Good and awarded 10 points.
(ii) Have but have not implemented a Fiscal Sustainability Plan that meets the requirements of the Board Staff the applicant receives 6 points If an applicant has a fiscal sustainability and long-range plan that is in place but meeting only half the system needs, the plan will be ranked as Fair and awarded 6 points.
(iii) Applicant is willing to develop and implement a Fiscal Sustainability Plan prior to funding that meets the requirements of the Board Staff receives 3 points. If an applicant has a fiscal sustainability and long-range plan but is not in place or not working to meet the system needs, the plan will be ranked as Poor and awarded 3 points.
(iv) If an applicant does not have a fiscal sustainability and long-range plan in place, the application will be deemed denied.
(K) Workshop attended (WA). 5 points will be awarded to any applicant who attends, or has a representative attend the pre-application workshop presented by Board staff. Attendance will be verified during the course of the training.
(c) Priority formula for school districts and counties.
(1) School districts created under Article V of the School Code, 70 O.S. 1991, §5-101 et seq., and counties are political subdivisions of the State, and therefore are eligible for financial assistance under the Board's REAP grant program.
(2) In evaluating and prioritizing grant applications from school districts and counties, similar criteria to those applied to municipalities and rural water districts will be utilized.
(3) In developing a priority formula for school district and county applicants, the primary criteria are average daily membership (for schools only), fiscal capacity, need, amount requested, and previous grant assistance.
(4) The following formula has been devised to rank REAP grant applications by counties and school districts: T = ADM + LT + BI + MHI + FP + N + AR + PG +WA., Where:
(A) T = Total of priority points
(B) ADM = Average daily membership
(C) Lt = Local tax levies
(D) BI = Bonded indebtedness
(E) MHI = Median household income of population within the school district or area of county to be served
(F) FP = Applicant's ability to finance project
(G) N = Need
(H) AR = Amount of grant requested
(I) PG = Previous grant assistance
(J) WA = Workshop attended
(5) The criteria MHI, FP, N, AR and PG are the same as that set forth in (b) of this Section. The criteria ADM, LT and BI are explained as follows:
(A) Average daily membership (ADM). School districts with an average daily membership of less than 525 students will receive 55 priority points.
(B) Local tax levies (LT). Points awarded under this category for local tax levies are based on the total amount of mills levied, as follows:
(i) If the mills are 95 to 100; the applicant receives 13 points.
(ii) If the mills are 90 to 94.99, the applicant receives 11 points.
(iii) If the mills are 85 to 89.99, the applicant receives 10 points.
(iv) If the mills are 80 to 84.99, the applicant receives 8 points.
(v) If the mills are 70 to 79.99, the applicant receives 6 points.
(vi) If the mills are 60 to 69.99, the applicant receives 4 points.
(vii) If the mills are 55 to 59.99, the applicant receives 2 points.
(viii) If the mills are 50 to 54.99, the applicant receives 1 point.
(ix) If the mills are 45 to 49.99, the applicant receives 0 points.
(x) If the mills are 40 to 44.99, the applicant receives -1 point.
(xi) If the mills are less than 40, the applicant receives -2 points.
(C) Bonded indebtedness (BI).
(i) Priority points for Bonded Indebtedness are as follows:
(I) If the percentage is 95% to 100%, the applicant receives 10 points.
(II) If the percentage is 90% to 94.99%, the applicant receives 8 points.
(III) If the percentage is 80% to 89.99%, the applicant receives 7 points.
(IV) If the percentage is 75% to 79.99%, the applicant receives 6 points.
(V) If the percentage is 70% to 74.99%, the applicant receives 5 points.
(VI) If the percentage is 65% to 69.99%, the applicant receives 4 points.
(VII) If the percentage is 60% to 64.99%, the applicant receives 3 points.
(VIII) If the percentage is 55% to 59.99%, the applicant receives 2 points.
(IX) If the percentage is 50% to 54.99%, the applicant receives 1 point.
(X) If the percentage is 45% to 49.99%, the applicant receives 0 points.
(XI) If the percentage is 40% to 44.99%, the application receives -1 point.
(XII) If the percentage is 30% to 39.99%, the applicant receives -2 points.
(XIII) If the percentage is less than 30%, the applicant receives -3 points.
(ii) A deduction of one (1) point from the indebtedness ranking total will be made for applicants with 75% of existing debts financed at rates of 5% or less, and one (1) point will be added if 75% of existing debts are financed at rates greater than 10%.
SUBCHAPTER 20. SAFEGUARDING TOMORROW REVOLVING LOAN PROGRAM REGULATIONS
785:50-20-1. General program description and procedures [AMENDED]
(a) Safeguarding Tomorrow Revolving Loan Program Description.
(1) Pursuant to 82 O.S., §§1085.91 through 1085.96, an additional financial assistance program was created to be administered by the Board and Oklahoma Department of Emergency Management (Department) to provide loan and grant funds for hazard mitigation projects and implement provisions of the federal Safeguarding Tomorrow Revolving Loan program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(2) Under Oklahoma's program, the Department is to generally carry out the role of prioritizing hazard mitigation projects and conducting technical analysis and review of eligible entities and hazard mitigation projects. The Board is to generally carry out the role of conducting financial evaluations and analyses of eligible entities, reviewing documents for loan closings, and managing and administering monies in the Hazard Mitigation Financial Assistance Program Fund to make monies available for financial assistance through the Safeguarding Tomorrow Revolving Load Program and other authorized state programs.
(3) The Safeguarding Tomorrow Revolving Loan Program shall be administered as a separate program from the Board's previously existing Financial Assistance Programs. The rules in this Subchapter are intended to recognize the distinction between the programs where necessary.
(b) General procedures. The general procedures to be followed in the hazard mitigation project review and financial assistance application process for financial review under the program authorized in 82 O.S.,§1085.91 through 1085.96 shall be as follows:
(1) The applicant shall follow the procedures, rules and regulations administered by the Oklahoma Department of Emergency Management, which shall include placement on the priority list of a eligible entities projects established by the Department and the filing of an application with the Board for hazard mitigation project review and financial assistance.
(2) The Board shall make an initial determination of whether an entity meets the legal and managerial criteria to receive funding.
(3) The Board shall prepare an initial financial review of the entity based on documents provided to the Board and proposed loan amount and interest rate for which the entity qualifies. Consultations among Board staff, the Department, and the applicant's representatives may be held where deemed appropriate and beneficial.
(4) The Board staff shall consider the initial financial review and application. It shall then forward its preliminary recommendation for approval or rejection of the loan application to the applicant, based on applicable criteria set forth in 785:50-20-2.
(A) If the recommendation is for rejection, the Board shall provide a written recommendation including the reasons for rejection. The entity may then be allowed to modify or supplement any documents in order to comply with the Board requirements and resubmit the same to the Board.
(B) If the Board recommends approval, it shall notify the applicant and the Department.
(5) After initial financial review approval by the Board, the Board shall follow its established procedures and rules to conduct an in-depth financial review and evaluation of the hazard mitigation project to determine whether it complies with applicable state and federal laws.
(6) After a secondary application and necessary documents are submitted to the Board, the matter will be reviewed by staff who may request additional information from the applicant or the Department and have further conferences as deemed necessary and beneficial to complete the financial review. The matter will then be placed on the Board's agenda for consideration. The Board may approve the application, reject the application, or request additional information.
(7) If the application and loan receives final approval, the Board, Department and applicant will coordinate the setting of the date, time and place for the closing of the loan.
(8) At the loan closing, the Department shall have authority to grant approval for disbursement of loan proceeds and to present the same.
(9) The Board shall administer the loans until paid by the recipient and a final accounting is completed.
[OAR Docket #26-499; filed 6-5-26]
TITLE 800. Department of Wildlife Conservation
CHAPTER 1. OPERATIONS AND PROCEDURES
[OAR Docket #26-445]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 13. Hunting and FishiingFishing License Dealers [AMENDED]
AUTHORITY:
Title 29 O.S., Section 3-103 (D) (4.) (8.) (15.) Section 5-401 (A), Article XXVI Section 1 and 4 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 2, 2025
COMMENT PERIOD:
October 1, 2025 through November 7, 2025
PUBLIC HEARING:
November 7, 2025
ADOPTION:
December 9, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 9, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule change proposal for Chapter 1 Operations and Procedures corrects the spelling of fishing in Subchapter 13 title.
CONTACT PERSON:
Nels Rodefeld, Assistant Director, 405-522-6279 or Tammy St. Yves, APA Liaison, phone: 405-522-6279; 1801 N. Lincoln Blvd, Oklahoma City, Oklahoma.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 13. HUNTING AND FISHIINGFISHING LICENSE DEALERS [AMENDED]
[OAR Docket #26-445; filed 6-1-26]
TITLE 800. Department of Wildlife Conservation
CHAPTER 10. SPORT FISHING RULES
[OAR Docket #26-446]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Harvest and Possession Limits
800:10-1-3. Additional definitions [AMENDED]
800:10-1-4. Size and bag limits on fish [AMENDED]
Subchapter 3. Methods of Taking
800:10-3-3. Additional definitions [AMENDED]
800:10-3-5. Use of bow and arrow, grabhooks, gigs, spears, and spearguns, snagging, noodling and netting [AMENDED]
Subchapter 5. Area Restrictions and Special Fees
800:10-5-1.1. Definitions [AMENDED]
800:10-5-2. Department fishing areas [AMENDED]
800:10-5-3. Designated trout areas [AMENDED]
800:10-5-6. Lakes, reservoirs, rivers and streams [AMENDED]
AUTHORITY:
Title 29 O.S., Section 3-103 (D) (4.) (8.) (15.) Section 5-401 (A), Article XXVI Section 1 and 4 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 2, 2025
COMMENT PERIOD:
October 1, 2025 through November 7, 2025
PUBLIC HEARING:
November 6, 2025
ADOPTION:
December 9, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 9, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR 1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
N/A
Gubernatorial Approval:
N/A
Register Publication:
N/A
Docket Number:
N/A
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule change proposals for Chapter 10 Sport Fishing Rules would clarify wording in Title 800 and perform housekeeping measure aligning definitions. Removes the 14-inch minimum length limit of spotted bass at Blue River Public Fishing and Hunting Area (BRPFHA) to align with statewide rivers and streams black bass regulation. Adjusts the 18-inch minimum length limit to Walleye, Sauger, and Saugeye to the statewide minimum size limit of 14-inch for Shell Lake and Bluestem Lake. Saugeye are no longer stocked in Shell Lake and Bluestem Lake. Modifies the applicability of terms defined in subchapters of Chapter 10 – Sport Fishing Rules to make them legally valid throughout Title 800. These changes would not change any actual regulation but attempt to preserve original intent. Clarifies Kiamichi River from Hugo Dam downstream to first railroad bridge is closed to snagging and clarifies wording in Title 800 and performs multiple housekeeping measures to correct wording and terminology. Modifies the applicability of terms defined in subchapters of Chapter 10 – Sport Fishing Rules to make them legally valid throughout Title 800. These changes would not change any actual regulation but attempt to preserve original intent. Differentiates Echota and Stunkard Access Areas from Upper Illinois GRDA Agreement Access Areas. Makes permitted number of days of allowed camping consistent with other fishing areas. Removes the names and seasons of designated trout areas out of statute and simply defines the term to be a list of managed trout waters which will be further outlined in Oklahoma Fishing and Hunting Regulations booklet. Prohibits possession and uses of cast nets on all Oklahoma Streams east of Highway 69, except the Arkansas, Neosho, Grand, Verdigris, Poteau, and Red Rivers and their tailwaters and from the south boundary of the lower Illinois River Public Fishing Area (Simp and Helen Watts Area) downstream to the Highway 64 bridge. Also excluding Kiamichi River downstream from Hugo Dam. This change would not change any actual regulation but attempt to preserve original intent.
CONTACT PERSON:
Nels Rodefeld, Assistant Director, 405-521-4635 or Tammy St. Yves, APA Liaison, phone: 405-522-6279; 1801 N. Lincoln Blvd, Oklahoma City, Oklahoma.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. HARVEST AND POSSESSION LIMITS
800:10-1-3. Additional definitions [AMENDED]
The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Close To Home" fishing waters means bodies of water designated as such under a cooperative fisheries management agreement between the Department and participating cities and/or municipalities. "Close to Home" fishing waters shall be designated in the Oklahoma Fishing and Hunting Regulations.
"Department fishing areas" means lakes American Horse, Burtschi, Chambers, Dahlgren, Doc Hollis, Echota, Elmer, Etling, Fugate, Hall, Jap Beaver, Nanih Waiya, Ozzie Cobb, Raymond Gary, Schooler, Stunkard, Vanderwork, Vincent, Watonga, the Blue River Public Fishing and Hunting Area, the Lower Illinois River Public Fishing and Hunting Area - Simp and Helen Watts Management Unit, and all Department Wildlife Management Area ponds.
"Designated Trout Areas" means bodies of water managed by the Department for trout angling. Locations and stocking seasons will be listed in the Oklahoma Fishing and Hunting Regulations.
"In the Field" means while fishing, or while in a boat, or on the bank or in the immediate vicinity of any river, creek, stream, lake or pond, or while transporting or carrying the fish from the waters described above to camp or from such waters to the final destination.
"No culling" means fish caught and placed on a stringer or otherwise held in possession (live well, basket, ice chest, etc.) cannot be released.
"Total length" means measured from the tip of the snout to the end of the tail, with the fish laid flat on the rule with mouth closed and tail lobes pressed together.
"OLAP" means walk-in area. All lands and bodies of water described in the lease agreement to which private landowner agrees to allow public walk-in access for fishing, hunting, streams access, and/or wildlife viewing. areas and stream access to bodies of water designated as such under a lease agreement through the Oklahoma Land Access program between the Department and the cooperator.
"Stream access areas" means stream access points and/or stream corridors enrolled in the OLAP.
"Stream access point" means a delineated area enrolled in the OLAP that provides access to a stream.
"Stream corridor" means a length of a stream enrolled in the OLAP. These areas may include one or both banks, and the boundaries are delineated by signage and/or the OLAP map directory.
800:10-1-4. Size and bag limits on fish [AMENDED]
There are no length or bag (harvest) limit restrictions on any game or nongame fish taken from waters of this state, except as follows:
(B) Waters with a fourteen (14) inch minimum size limit for spotted bass include: Blue River Public Fishing Area.
(C)(B) Waters with a fourteen (14) inch minimum size limit on largemouth bass and smallmouth bass and a bag limit of six (6) largemouth bass, smallmouth bass, and/or spotted bass (in aggregate), of which only one (1) may be a smallmouth bass include: rivers and streams statewide.
(D)(C) Waters with a fourteen (14) inch minimum size limit and a bag limit of five (5) largemouth bass and/or smallmouth bass (in aggregate) include: Lake Texoma.
(E)(D) When an individual angler possesses a tournament exemption authorized by the Department, daily bag and size limits may deviate from those listed here. Instructions for the tournament exemption application process will be provided in the Oklahoma Fishing and Hunting Regulations and on the Department website.
(1) General provisions for size limits and bag limits- All fish not kept must be returned to the water unharmed immediately.
(A) Size limits (measured as total length, unless specified) are minimum limits unless specified.
(B) Release of striped bass, striped bass hybrids, trout, paddlefish, or alligator gar caught and placed on a stringer, in a live well or otherwise held in possession is prohibited statewide (no culling).
(C) Persons fishing trotlines or throwlines must release all fish on their lines except those held in possession for their daily limit, before leaving the trotline or throwline.
(D) Fish taken by bow and arrow, gig, spear, or speargun shall count towards the daily bag limit, and any carcasses or remains shall be properly disposed of (OAC 800:10-5-6p and 29 O.S. 7-205, 7-403).
(E) Bag limits for fish can be superseded and set by Commission resolution 29 O.S. 6-302(B) and will be published in the Oklahoma Fishing and Hunting Regulations.
(F) "Close To Home" waters have an aggregate bag limit of three (3) combined of all panfish species and their hybrids, trout species, and/or channel catfish. Other species are subject to statewide limits.
(2) Largemouth bass and smallmouth bass statewide bag limit is six (6) in aggregate, of which only one (1) may exceed sixteen (16) inches, except
(A) Waters where harvest of largemouth bass is prohibited include: Doc Hollis Lake.
(3) Crappie (black crappie and/or white crappie, in aggregate) statewide bag limit is thirty-seven (37), except
(A) Waters with a ten (10) inch minimum size limit on crappie include: Arbuckle, Tenkiller, Hudson, Texoma, Ft. Gibson (including all tributaries and upstream to Markham Ferry Dam), and Grand Lake (including all tributaries to the state line).
(B) Waters with a bag limit of six (6) crappie include: Blue River Public Fishing Area.
(C) Waters with a bag limit of fifteen (15) crappie include: Arbuckle, Tenkiller, Hudson, Ft. Gibson (including all tributaries and upstream to Markham Ferry Dam), and Grand Lake (including all tributaries to the state line).
(4) Forked tail catfish (blue catfish and/or channel catfish, in aggregate) statewide bag limit is fifteen (15) with only one (1) blue catfish greater than thirty (30) inches, except waters with a bag limit of six (6) forked tail catfish include: all U.S. Forest Service and State Park lakes (except Lake Murray) as well as the Fourche Maline River within the boundaries of Robbers Cave State Park from Carlton Lake Dam downstream to the southern park boundary, all Department Management Area ponds and fishing areas, and all waters within the Wichita Mountains Wildlife Refuge.
(5) Flathead catfish statewide bag limit is five (5).
(6) Walleye, sauger, and/or saugeye (in aggregate) statewide minimum size limit is fourteen (14) inches and bag limit is six (6), except
(A) Waters with no walleye, sauger, or saugeye size limit include: Great Salt Plains Reservoir (and tailwater).
(B) Waters with a sixteen (16) inch minimum size limit for walleye, sauger, and/or saugeye include: the Arkansas River, including all reservoirs and unimpounded tributaries from Keystone Dam downstream to the Oklahoma state line.
(C) Waters with an eighteen (18) inch minimum size limit for walleye, sauger, and/or saugeye include: Atoka Bluestem, Bluestem, Carl Blackwell, Healdton, Ponca City, Shell, Sooner, and Thunderbird Reservoirs (and their respective tailwaters).
(7) Rainbow trout, brown trout, and/or other trout species (in aggregate) statewide bag limit is three (3), except
(A) Waters where the daily bag limit may include only one (1) rainbow trout greater than twenty-five (25) inches and one (1) brown trout which must be greater than thirty (30) inches include: the lower Mountain Fork River trout area. Waters where the daily bag limit is one (1) rainbow trout which must be greater than twenty-five (25) inches and one brown trout which must be greater than thirty (30) inches include: the lower Mountain Fork trout area downstream of the State Park Dam. Fish kept from these waters count towards the bag limit for the entire lower Mountain Fork trout area.
(B) Waters where the daily bag limit is one (1) rainbow trout greater than twenty (20) inches include: the lower Illinois River trout area from the USGS stream gauge downstream to the gravel pit county road.
(C) Waters where the daily bag limit may include only one (1) brown trout greater than twenty (20) inches include: the lower Illinois River trout area.
(D) Waters where harvest of rainbow trout is prohibited from November 1 to March 1 include: the Blue River from its entry onto the Plaster Wildlife Management Unit/Landrum Wilderness downstream approximately ½ mile to a marker cable.
(8) Striped bass statewide bag limit is five (5), except as designated in OAC 800:10-1-4(9). Waters with a twenty (20) inch minimum size limit on striped bass include: Sooner Reservoir.
(9) Striped bass hybrid statewide bag limit is twenty (20), of which only five (5) may be greater than twenty (20) inches, except
(A) Waters where the bag limit is ten (10) striped bass and/or striped bass hybrids (in aggregate), of which only two (2) may be greater than twenty (20) inches include: Lake Texoma.
(B) Waters where the bag limit is five (5) striped bass and/or striped bass hybrids (in aggregate), of which only two (2) may be greater than twenty (20) inches include: Arcadia Lake and Skiatook Lake.
(10) White bass bag limit is twenty-five (25) in Lake Texoma.
(11) The statewide daily bag limit for paddlefish is one (1) per day, statewide. The catch and release of paddlefish is permitted by use of rod and reel, trotline and throwlines.
(A) Individual annual harvest limit- An individual harvest limit for paddlefish may be set or amended annually by the Wildlife Conservation Commission and will be listed in the Oklahoma Fishing and Hunting Regulations. Special area (or management unit) paddlefish harvest caps, a general statewide paddlefish harvest cap, and the total number of paddlefish permits issued may be set or amended annually by the Wildlife Conservation Commission for use in determining the individual annual harvest limit. Once an individual angler has reached their annual harvest limit, continued catch and release is permitted.
(B) Paddlefish permit- An annual paddlefish permit issued by the Department is required to fish for paddlefish by any method or be in possession of paddlefish or paddlefish parts. This permit must be carried on their person while fishing and/or in possession of paddlefish or parts and be produced for inspection upon the demand of any Oklahoma citizen or game warden.
(C) Harvest Tagging- Paddlefish caught and held in possession must be tagged OAC 800:10-3-8a. All paddlefish must have all viscera (internal organs) removed before leaving the state. Anglers must cease snagging for the day when they have taken their daily limit of paddlefish into possession.
(D) Reporting- Harvest of paddlefish must be reported OAC 800:10-3-8b.
(12) The statewide daily bag limit for alligator gar is one (1) per day, except during the period of May 1 through May 31 when angling for alligator gar by all angling methods and possession are prohibited. The catch and release of alligator gar is permitted year round, except during the closure referenced above, by use of rod and reel only. Anglers must cease snagging for the day when they have taken their daily limit of alligator gar into possession. Harvest of alligator gar must be reported OAC 800:10-3-8b.
(13) A statewide daily bag limit of one (1) applies to any fish species classified as those of Special Concern Category I or Category II (OAC 800:25-19-6). Such harvest must be reported by phone or email to the Department Fisheries Division.
SUBCHAPTER 3. METHODS OF TAKING
800:10-3-3. Additional definitions [AMENDED]
The following words or terms, when used in this subchapter shall have the following meaning, unless the context clearly indicates otherwise:
"Bow and arrow" when used for bowfishing means any bow and arrow (including crossbows) and devices that permit a bow to be held mechanically at full or partial draw are permitted. Minimum requirements defining a bow containing a hand-held riser with a semi-rigid arc with two limbs connected by a string for propulsion. Arrows used for bowfishing shall have one (1) point, two (2) or more barbs, and are attached to the bow by a line for retrieving fish.
"Foul hooked" means a fish hooked other than inside the mouth.
"Gaff hook" means a handheld hook or handheld pole with a hook attached and may only be used in the landing of a fish, other than paddlefish, already hooked by other legal hook and line methods.
"Gig" means a hand-held fish spearing device mounted at the end of a shaft containing not more than three (3) points and not more than two (2) barbs on each point.
"Grabhook" means a handheld hook or handheld pole, or rope, with a single hook attached used in the initial taking of a fish.
"Jugline" means a vertical line suspended from a nonmetallic or nonglass floating device which is drifting free or anchored, having no more than five (5) hooks per line and limited to twenty (20) such juglines per person.
"Limbline" means a line attached to a limb, branch, other natural object, or non-metallic manmade pole having no more than two (2) hooks attached per line and limited to twenty (20) such limblines per person.
"Noodling" means the taking of fish by use of hands only.
"Snagging" means the dragging of one (1) single hook or one (1) treble hook through the water attached to a hand-held line or fishing rod and line for the purpose of impaling fish. Only one (1) pole or rod per angler is permitted while snagging.
"Yo-Yo" means any mechanical fishing device which automatically recoils when a fish strikes and is limited to no more than twenty (20) such devices per person.
"Unattended" means not within visual observing distance.
"Fish Remains" means any fish that has been filleted or has had the entrails removed.
800:10-3-5. Use of bow and arrow, grabhooks, gigs, spears, and spearguns, snagging, noodling and netting [AMENDED]
(a) Bow and arrow. The use of bow and arrows in bowfishing shall be lawful for taking nongame fish only in all waters of the state throughout the year, except:
(1) Illinois River and its tributaries shall be closed at all times to such fishing except, those portions above the Horseshoe Bend boat ramp on Tenkiller Reservoir which is open from December 1 through March 31 annually. Tenkiller Reservoir below Horseshoe Bend boat ramp is open to bowfishing.
(2) Reservoir tailwaters, other than Eufaula, Keystone, Wister, Fort Gibson, Thunderbird, Hudson (Markham Ferry), and Heyburn shall be closed to fishing with bow and arrows throughout the year. This does not alter provisions of 29 O.S., Section 7-101, which designates a safety zone of the first 150 feet immediately below the dam on all reservoirs except Tenkiller, Canton, Salt Plains, and Fort Supply.
(3) All waters defined as "Designated Trout Areas" during open season for taking trout are closed.
(4) All waters within the boundaries of the Wichita Mountains Wildlife Refuge are closed.
(5) Only that section of the Caney River from Hulah Dam downstream approximately 1,200 feet to the re-regulation dam is closed. Fishing with a bow and arrow is lawful in the Caney River below the re-regulation dam.
(6) The following portions of Grand River:
(A) The main river channel of Grand River below the turbine outlets of Pensacola Dam downstream to the State Park Bridge is closed throughout the year.
(B) The Grand River occurring below the spillway outlets of Pensacola Dam downstream to the highline crossing (approximately ½ mile) is closed throughout the year with the next ½ mile downstream from the highline crossing closed during periods when the spillway gates are open and discharging water and for seven (7) days following closure of the spillway gates.
(7) The Little River tributary of Thunderbird Reservoir above Franklin Road in Cleveland County is closed.
(8) "Close To Home" fishing waters and Lakes Pickens, Carl Albert and Taft and all ponds and lakes in the Ouachita National Forest are closed.
(9) The taking of paddlefish by bow and arrow is prohibited on the Red River from Denison Dam downstream to the stateline year round.
(10) Bowfishing may be used at Lakes Hefner, Overholser (including tailwaters and downstream to NW 10th St. bridge) and Draper throughout the year during daylight hours only.
(11) The Salt Fork of the Arkansas River from the spillway of Great Salt Plains Reservoir downstream to the State Highway 38 Bridge is closed.
(b) Grabhooks. Taking fish by use of a grabhook is prohibited in all state waters.
(c) Gigs, spears and spearguns. The use of gigs, spears and spearguns containing not more than three (3) points with no more than two (2) barbs on each point shall be lawful for taking nongame fish only, except white bass may be taken by use of a gig. These methods are lawful in all:
(1) Rivers and streams from December 1 through March 31, except:
(A) The taking of paddlefish by use of gig, spear or speargun is prohibited from May 16 through March 14 of the following year, statewide.
(B) The Poteau and Fourche Maline Rivers and all their tributaries within LeFlore County are closed throughout the year.
(C) All waters designated as "Designated Trout Areas" during the open season for taking trout are closed.
(D) The Canadian River from Eufaula Dam downstream for a distance of one (1) mile to be so designated by buoy or other appropriate marker is closed throughout the year.
(E) The Caney River from Hulah Dam downstream to the confluence of the old and new river channels is closed.
(F) The following portions of Grand River:
(i) The main river channel of the Grand River below the turbine outlets of Grand RiverPensacola Dam downstream to State Park Bridge is closed throughout the year.
(ii) The Grand River occurring below the spillway outlets of Grand RiverPensacola Dam downstream for a distance of one (1) mile is closed throughout the year.
(G) Rivers and streams in Delaware and Mayes counties are open to the use of gigs throughout the year, unless specifically closed in other sections of this chapter.
(H) The Little River tributary of Thunderbird Reservoir above Franklin Road in Cleveland County is closed.
(I) The Salt Fork of the Arkansas River from the spillway of Great Salt Plains Reservoir downstream to the State Highway 38 bridge.
(2) Lakes and reservoirs throughout the year, except:
(A) Waters within the boundaries of the Wichita Mountains Wildlife Refuge other than that portion of Lake Elmer Thomas are closed.
(B) Tenkiller Reservoir, below the Horseshoe Bend boat ramp, is closed throughout the year except by speargunning when used with a self-contained underwater breathing apparatus which is closed from June 15 through July 15 annually to the taking of flathead catfish only.
(C) All Department Fishing Areas, all "Close To Home" fishing waters and Lakes Carl Albert, Sooner, Lone Chimney and Taft and all ponds and lakes in the Ouachita National Forest are closed. Konawa is closed to gigging.
(D) Lakes Hefner, Overholser (including tailwaters and downstream to NW 10th St. bridge) and Draper are closed.
(3) Reservoir tailwaters other than Hudson (Markham Ferry) shall be closed to fishing with gigs, spears and spearguns throughout the year. This does not alter provisions of 29 O.S., Section 7-101, which designates a safety zone of the first 150 feet immediately below the dam on all reservoirs except Tenkiller, Canton, Salt Plains, and Fort Supply.
(d) Snagging. Snagging for nongame fish only shall be lawful in all waters of the State throughout the year, except:
(1) Reservoir tailwaters other than Fort Gibson which is open from 6:00 a.m. to 10:00 p.m. shall be closed to fishing by snagging throughout the year. This does not alter provisions of 29 O.S., Section 7-101, which designates a safety zone of the first 150 feet immediately below the dam on all reservoirs except Tenkiller, Canton, Salt Plains, and Fort Supply.
(2) Wister tailwater is closed to snagging from below the dam down to the power-line at the confluence of the old and new river channels.
(3) Kiamichi River from Hugo Dam downstream to the first railroad bridge is closed to snagging.
(A) The Illinois River and its tributaries above the Horseshoe Bend boat ramp on Tenkiller Reservoir and below the dam shall be closed at all times to such fishing.
(B) All waters designated as "Designated Trout Areas" during the open season for taking trout are closed.
(C) All waters within the boundaries of the Wichita Mountains Wildlife Refuge are closed.
(D) The Canadian River from Eufaula Dam tailwater downstream for a distance of one (1) mile to be so designated by buoy or other appropriate marker is closed throughout the year.
(E) The Caney River from the Hulah Dam downstream to the confluence of the old and new river channels is closed.
(F) The following portions of the Grand River:
(i) The main river channel of Grand River below the turbine outlets of Grand RiverPensacola Dam downstream to the State Park Bridge is closed throughout the year.
(ii) That portion of the Grand River occurring below the spillway outlets of Grand RiverPensacola Dam downstream to the highline crossing (a distance of approximately ½ mile) is closed throughout the year with the next ½ mile downstream from the highline crossing closed during periods when the spillway gates are closed.
(iii) That portion of the Grand River occurring from the Markham Ferry Dam (Lake Hudson Dam) downstream to the Highway 412 bridge from 10 p.m. to 6 a.m. year-round.
(G) The Arkansas River from Zink Dam for 800 feet downstream between April 15 – May 15.
(H) The Little River tributary of Thunderbird Reservoir above Franklin Road in Cleveland County is closed.
(I) All Department Fishing Areas, all "Close To Home" fishing waters and Lakes Pickens, Carl Albert, Sooner and Konawa and all ponds and lakes in the Ouachita National Forest are closed.
(J) Lakes Hefner, Overholser (including tailwaters and downstream to NW 10th St. bridge) and Draper are closed.
(e) Noodling. Possession of hooks, gaffs, spears, poles with hooks attached and/or ropes with hooks attached while in the act of noodling, shall be proof of violation of the "hands only" noodling law. Noodling shall be lawful for nongame fish and blue, channel, and flathead catfish; only during daylight hours throughout the year.
(1) Rivers and streams of the state, except:
(A) The Illinois River and its tributaries above Horseshoe Bend boat ramp on Tenkiller Reservoir and below the dam shall be closed at all times to such fishing.
(B) All waters designated as "Designated Trout Areas" during the open season for taking trout are closed.
(C) Kiamichi River from Hugo Dam downstream to the first railroad bridge is closed.
(D) The following portions of the Grand River:
(i) The main river channel of Grand River below the turbine outlets of Grand RiverPensacola Dam downstream to the State Park Bridge is closed throughout the year.
(ii) The Grand River occurring below the spillway outlets of Grand RiverPensacola Dam downstream to the highline crossing is closed throughout the year except the day of and two (2) days following closure of the spillway gates when noodling will be legal.
(E) The Little River tributary of Thunderbird Reservoir above Franklin Road in Cleveland County is closed.
(F) Wister tailwaters is closed to noodling from below the dam down to the power-line at the confluence of the old and new river channels.
(G) The Salt Fork of the Arkansas River from the spillway of Great Salt Plains Reservoir downstream to the State Highway 38 bridge.
(2) Corps of Engineers and Bureau of Reclamation Reservoirs, Grand and Hudson Lakes.
(3) All waters within the boundaries of the Wichita Mountains Wildlife Refuge are closed.
(4) All Department Fishing Areas, all "Close To Home" fishing waters (except noodling is allowed in the North Canadian River from the NW 10th St. bridge downstream to the MacArthur St. bridge in Oklahoma City) and Lakes Pickens, Carl Albert, Taft, and Lone Chimney, Ponca and Carl Blackwell and all ponds and lakes in the Ouachita National Forest are closed.
(5) Lakes Hefner, Overholser (including tailwaters and downstream to NW 10th St. bridge) and Draper are closed.
(f) Netting (noncommercial). Netting (noncommercial) is closed statewide.
(g) Collecting Bait for personal use. Cast netting, trawl netting, dip netting, minnow traps and seining non-game fish commonly used for bait for personal use is lawful in all waters of this state unless specifically closed under 800:10-5-2, 800:10-5-3 and/or 800:10-5-6. Cast nets and dip nets shall have a mesh size no greater than three-eights (3/8) inch square mesh. Seines shall not exceed twenty (20) feet in length, and the mesh shall be no larger than one-half (½) inch square unless seining for minnows then the mesh shall not exceed one-fourth (1/4) inch. Minnow traps shall have a mesh size no greater than one-half (½) inch, shall not be longer than three (3) feet, shall not exceed eighteen (18) inches in diameter on round traps or eighteen (18) inches on a side on square or rectangular traps. The trap entrance (throat) cannot exceed two (2) inches across the opening. No person shall fish with more than 3 minnow traps. All minnow traps must have the owner's customer identification number attached and the traps must be attended once every 24 hours, and/or until December 31, 2024 traps may be labeled with a name and address. All game fish and non-game fish not commonly used for bait must be released immediately. Minnow traps cannot be made with glass.
SUBCHAPTER 5. AREA RESTRICTIONS AND SPECIAL FEES
800:10-5-1.1. Definitions [AMENDED]
The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
800:10-5-2. Department fishing areas [AMENDED]
The following rules and restrictions govern public use on all Department Fishing Areas, including:
(1) Department owned lakes and access areas. The following rules apply:
(A) Camping is permitted, but limited to three (3) days duration at all areas, except at the Kiamichi River Access Area and the Lower Illinois River Public Fishing and Hunting Area - Simp and Helen Watts Management Unit where no overnight camping is permitted and at Lakes Watonga, and Carl Etling and the Illinois River Access Areas where camping shall be limited to fourteen (14) consecutive days. Camping is permitted only in designated camping areas.
(B) Boats and motors are permitted. Motors of any kind (electric or combustion) are prohibited at Doc Hollis Lake. All boats and motors must comply with existing state boat regulations and boat operators must obey Oklahoma State Boat Laws. All boats must be operated at no-wake speed (six '6' miles per hour or less) and may not be left on the water or the areas longer than the limit on camping.
(C) Water skiing is prohibited.
(D) Disposal of trash, refuse and debris is prohibited, except in designated trash containers. This includes organic and inorganic materials.
(E) Glass beverage containers are prohibited at Department fishing areas except in designated camping and parking areas.
(F) Commercial concessions and private developments on Department property are prohibited. Soliciting, advertising or promoting any commercial or private activity is prohibited. The use of these areas for any commercial operation in any way is prohibited.
(G) Dogs must be kept on a leash at all times, except when used for hunting, during legal open hunting seasons on those areas where hunting is permitted.
(H) Boat houses, ramps, docks and other facilities may not be constructed on Department property without specific approval of the Oklahoma Wildlife Conservation Commission.
(I) It shall be unlawful to drive, occupy or park any motor driven vehicle, including automobiles, trucks, mini bikes, motorcycles, etc., except on maintained roads, (unless posted as "no parking zones"), designated parking areas, and designated camping areas. It shall be unlawful to operate any vehicle in a manner to create a public nuisance or to park in a "no parking zone." Operators must be licensed drivers.
(J) Cutting or defacing of trees and vegetation shall be prohibited. Removal of any vegetation, soil, rocks, water or minerals is prohibited except under written approval of the Department Director.
(K) Vandalism, theft, and damage to State property are prohibited.
(L) No person shall use threatening, abusive, or indecent language, participate in a disorder assemblage, nor publicly appear nude or intoxicated on any lands owned or managed by the Oklahoma Department of Wildlife Conservation.
(M) After 10:00 p.m., and until 5:00 a.m., all Department fishing areas will be restricted to fishing and fishing related activities only, and hunting if permitted by Commission.
(N) Swimming is not permitted unless a designated swimming area is established by the Wildlife Conservation Commission.
(O) Hunting is permitted on the following lakes: Hall, Jap Beaver, Burtschi, Nanih Waiya, Ozzie Cobb, Schooler, Evans-Chambers, American Horse and Vanderwork during the period of September 1 through Spring Turkey Season, including migratory bird seasons. Hunting regulations and restrictions for lakes Dahlgren, and Doc Hollis, and Vincent are the same as those listed for Lexington WMA (Dahlgren), Sandy Sanders WMA (Doc Hollis), and Ellis County WMA (Vincent). The following lakes are closed to hunting or taking of wildlife by any means: Elmer, Etling, Raymond Gary and Watonga. Hunting is restricted to shotguns, muzzleloaders or archery only except no muzzleloaders allowed at Schooler, Ozzie Cobb, or Nanih Waiya. Hunting and shooting other than that provided above is prohibited. The Director may designate "closed areas" for purposes of safety and/or security.
(P) Fishing is permitted in accordance with provisions provided in OAC 800:10, Subchapter 1. The Director may designate "closed areas" for purposes of safety and/or security.
(Q) No person may fish with more than two (2) poles, except during trout seasons at "Designated Trout Areas" where no person may fish with more than one (1) pole.
(R) Trotlines, throwlines, limblines, juglines, nets, seines, yo-yo's, spearguns, and the taking of any fish by noodling and the taking of bait minnows by any method is prohibited, except cast nets may be used to take bait for personal use at Lake Carl Etling.
(S) No person shall possess, consume or use any intoxicating beverage or beer, as defined in Title 37, except in camping and parking areas on any lands or waterways subject to the control of the Oklahoma Department of Wildlife Conservation except U.S. Forest Service regulations shall apply to Black Kettle, Ouachita, Rita Blanca and Tiak Wildlife Management Areas.
(T) No person shall possess, consume, use or manufacture any controlled or dangerous substance, as defined in Title 63 on any lands or waterways subject to the control of the Oklahoma Department of Wildlife Conservation.
(U) All impoundments are catch and release only on the following Department property unless determined otherwise as published in the Oklahoma Fishing and Hunting Regulations: Cimarron Bluff WMA.
(2) Blue River Public Fishing and Hunting Area. The following rules apply:
(A) Hunting shall be permitted during regular hunting seasons and is restricted to shotgun and archery equipment only. No other use or other firearms are permitted.
(B) Blue River PFHA is closed to all except emergency traffic from 10:00 p.m. to 6:00 a.m. throughout the year.
(C) Glass beverage containers are prohibited at Blue River PFHA except in designated camping and parking areas.
(D) Fishing is permitted in accordance with provisions provided in OAC 800:10, Subchapter 1.
(E) Trotlines, throwlines, noodling, limblines, spearguns, juglines, nets, seines, and yo-yo's are prohibited throughout the year.
(F) No person may fish with more than two (2) poles, except only one (1) pole and line or rod and reel is permitted during the designated trout season.
(G) The following special rules pertain to the Carl R. and Ruth Walker Landrum Wilderness and Plaster Wildlife Management Unit:
(i) no camping
(ii) areas closed from 10:00 p.m. to 6:00 a.m.
(iii) no swimming
(iv) walk-in access only (except where wheelchair access is provided).
(H) The Blue River Campground Area is closed to swimming, effective January 1, 1990, unless suitable agreement can be reached between the Department and an acceptable second party who would be responsible for managing a designated swimming area for a three month season, annually. The Department will assume no cost or liability for development and operation of a designated swimming area.
(I) Effective July 1, 2000 the following rules apply to camping at the Blue River Campground Area:
(i) Camping is restricted to 14 days in a 30 consecutive day period. The Area Manager may grant extensions by issuing a permit for camping beyond the 14 day limit. Such extensions shall be based upon degree of area use, anticipated weekend or holiday occupancy and recreation season. Extensions shall be requested 48 hours prior to the requested date of the extension.
(ii) Camping is permitted only in designated camping areas.
(iii) No person shall leave a vehicle, camper, tent or any personal property unattended for more than a 48-hour period without approval of the Area Manager.
(iv) If property must be removed, it will be at owner's expense and liability. The unauthorized placement of camping equipment or other items on a campsite and/or personal appearance without overnight occupancy at a campsite for the purpose of reserving a designated campsite for future occupancy is prohibited.
(3) Arcadia Conservation Education Area
(A) Walk-in fishing permitted on all parts of the lake shoreline. No fishing in any ponds or wetland areas unless part of an ODWC sanctioned education event.
(B) Camping prohibited except as authorized by ODWC.
800:10-5-3. Designated trout areas [AMENDED]
(1) It shall be unlawful to take or attempt to take fish from these areas during trout seasons except with rod and reel or pole and line, except collecting shad with cast nets is legal from the south boundary of the lower Illinois River Public Fishing Area - "Simp and Helen Watts Area" downstream to the Highway 64 bridge; only one (1) rod and reel or pole and line per person is allowed.
(2) Glass beverage containers are prohibited at designated trout areas except in designated camping and parking areas.
(3) The following areas are restricted to fishing tackle made by fly-tying or artificial lures made of wood, metal, glass, feathers, hair, synthetic fibers or hard plastic and barbless hooks only with the exception of the lower Illinois trout stream when fishing for species other than Rainbow Trout and Brown Trout with hooks 3/0 or larger. The use of any substance in combination with restricted fishing tackle is prohibited:
(A) Fishing in the lower Illinois River trout stream below Tenkiller dam from the USGS stream gauge downstream to the gravel pit county road is restricted to artificial flies and lures only and barbless hooks only, except that barbed hooks, size 3/0 or larger, may be used in combination with natural or artificial bait, including soft plastics, for species other than Rainbow and Brown Trout.
(B) Fishing in the Blue River from its entry onto the Plaster Wildlife Management Unit/Landrum Wilderness Area downstream approximately ½ mile to a marker cable is restricted to artificial flies and lures only and barbless hooks only during the period November 1 to March 1, annually.
(4) All trout retained in possession must be kept separate from other anglers' fish on a stringer or in a creel that is clearly marked with that anglers customer identification number, and/or until December 31, 2024 stringers may be labeled with a name and address.
(5) The lower Mountain Fork River trout area is restricted to barbless hooks.
800:10-5-6. Lakes, reservoirs, rivers and streams [AMENDED]
(a) Lake Carl Albert. The following special rules govern public use on Lake Carl Albert:
(1) Outboard motors used shall not exceed ten (10) h.p.
(2) Maximum speed limit for boats shall be six (6) m.p.h.
(3) Waterfowl hunting shall be permitted in season; all other hunting shall be prohibited on the area.
(4) Swimming shall be prohibited on the area.
(5) Waterskiing and trotlines, throwlines, netting, noodling, yo-yo's and jug fishing are prohibited.
(6) Camping shall be limited to three (3) days.
(b) Pickens Lake. The following special rules govern public use on Pickens Lake in Fountainhead State Park:
(1) Fishing shall be permitted throughout the year.
(2) All fishing shall be pole and line or rod and reel only (2 poles per person).
(3) Fishing shall be restricted to only Oklahoma residents in the following categories:
(A) All persons 65 years of age or older.
(B) All persons having disability of 60% or more.
(C) Legally blind persons.
(D) Any person who has not yet attained the age of 16 years.
(E) Any persons accompanying persons in categories above.
(c) Sooner Reservoir. The following special rules govern public fishing at Sooner RiverReservoir:
(1) Fishing by juglines, trotlines, limblines, throwlines, snagging, spearfishing, gigging, grabhooks and scuba diving is prohibited.
(2) Fishing by boats, wading or all flotation devices is prohibited within the buoy-marked area of the intake channel, discharge channel and spillway embankment.
(3) Fishing from the dam, the fenced area below the dam and the north bank of the intake channel is prohibited.
(4) The use of Tilapia as bait and/or the stocking of Tilapia is prohibited.
(d) Lake Lone Chimney. The following special rules govern public use at Lake Lone Chimney:
(1) No overnight camping is permitted until recreational facilities are developed.
(2) Boats and motors are permitted. All boats and motors must comply with existing state boat regulations and boat operators must obey Oklahoma State Boat Laws. All boats must be operated at no-wake speed of six (6) miles per hour or less and may not be left on the water or the lake area longer than the limit on camping.
(3) Water skiing and swimming are prohibited.
(4) Disposal of trash, refuse and debris is prohibited, except in designated trash containers. This includes organic and inorganic material.
(5) Commercial concessions and private development on Tri-County Authority property are prohibited. Soliciting, advertising or promoting any commercial or private activity is prohibited.
(6) Dogs must be kept on a leash at all times, except when used to hunt during legal waterfowl hunting season.
(7) It shall be unlawful to drive, occupy, or park any motor driven vehicle including automobiles, trucks, mini-bikes, motorcycles, three-wheelers, etc., except on maintained roads, designated parking areas and designated camping areas. It shall be unlawful to operate any vehicle in a reckless manner or operate any vehicle in a manner to create a public nuisance or to destroy or damage public property. Operators must be licensed drivers.
(8) Cutting or defacing of trees and vegetation shall be prohibited. Removal of vegetation, soil, rocks, water or minerals is prohibited except under written permission by the Tri-County Authority Board of Directors.
(9) Disorderly conduct, vandalism, theft and damage to Tri-County Authority property is prohibited.
(10) The lake shall be closed from 10:00 p.m. to 5:00 a.m., except for fishing and hunting activities.
(11) No person may fish with more than two (2) poles or rods.
(12) Trotlines, throwlines, limblines, juglines, nets, seines, yo-yo's, spearguns and the taking of fish by noodling and taking of bait minnows by any method are prohibited.
(13) All hunting or discharging of firearms, except for legal waterfowl hunting, is prohibited.
(e) Taft Lake. The following special rules govern public use at Taft Lake:
(1) Camping is permitted, but limited to three (3) days. Camping is permitted only in designated camping areas.
(2) Boats and motors are permitted. All boats and motors must comply with existing state boat regulations and boat operators must obey Oklahoma State Boat Laws. All boats must be operated at no-wake speed (six '6' miles per hour or less) and may not be left on the water or the lake area longer than the limit on camping.
(3) Water skiing and swimming are prohibited.
(4) Disposal of trash, refuse and debris is prohibited, except in designated trash containers. This includes organic and inorganic materials.
(5) Commercial concessions and private development on State property are prohibited. Soliciting, advertising or promoting any commercial or private activity is prohibited. The use of these areas for any commercial operation in any way is prohibited.
(6) Dogs must be kept on a leash at all times.
(7) Boat houses, ramps, docks and other facilities may not be constructed.
(8) It shall be unlawful to drive, occupy, or park any motor driven vehicle including automobiles, trucks, mini-bikes, motorcycles, etc., except on maintained roads (unless designated as "no parking zones"), designated parking areas, and designated camping areas. It shall be unlawful to operate any vehicle in a manner to create a public nuisance or to park in a "no parking zone". Operators must be licensed drivers.
(9) Cutting or defacing of trees and vegetation shall be prohibited. Removal of vegetation, soil, rocks, water or minerals is prohibited.
(10) Vandalism, theft, and damage to State Property is prohibited.
(11) No person shall use threatening, abusive, or indecent language, participate in a disorderly assemblage, nor publicly appear nude or intoxicated.
(12) After 10:00 p.m. and until 5:00 a.m., all areas will be restricted to fishing and fishing related activities only.
(13) Fishing is permitted under regular fishing rules and regulations of the Department and State Statutes.
(14) No person may fish with more than two (2) poles or rods.
(15) Trotlines, throwlines, limblines, juglines, nets, seines, yo-yo's, spearguns, and the taking of fish by noodling or bow fishing and taking of bait minnows by any method is prohibited.
(16) Firearms, bows and trapping shall not be allowed on the area.
(f) Kid's Fish Out Pond (Fountainhead State Park). Fishing shall be restricted to persons in the following categories:
(1) All persons 64 years of age or older.
(2) Any person who has not yet attained the age of 16 years.
(3) All persons having 60% or more disability, or legally blind, or physically impaired and one companion accompanying same.
(g) Adair Recreation Area Lake. Fishing is restricted to rod and reel fishing only and only one rod and reel per person.
(h) Lake Hefner, Lake Overholser (including tailwaters downstream to NW 10th St. bridge), Lake Draper and the Oklahoma River (NW 10th St to NE 10th St).Fishing is restricted to no more than three (3) rods or poles per person, with no more than three (3) hooks per line. No other fishing methods are allowed.
(i) "Close To Home" fishing waters. Fishing is restricted to no more than three (3) rods or poles per person, with no more than three (3) hooks per line. No other fishing methods are allowed.
(j) Lakes and reservoirs. Use of and/or placement into lakes and reservoirs of the waters of this state any container, including but not limited to drums, cans, tubs, boxes or barrels which attract, entice, or lure fish into an open cavity within the container is prohibited
(k) Lake Texoma. The special Lake Texoma annual fishing license shall be eleven dollars ($11.00). License shall be issued in accordance with Sections 4-201and 4-202, Title 29 of the Oklahoma Statutes.
(l) Rivers and streams. The take, possession or transport of more than twenty-five (25) nongame bait fish, excluding shad; is prohibited from all rivers and streams. Possession and use of cast nets is prohibited on all Oklahoma streams east of Highway 69, except the Arkansas, Canadian (below Eufaula Dam), Neosho/Grand, Kiamichi (below Hugo Dam), Verdigris, Poteau, and Red rivers and their tailwaters, and from the south boundary of the lower Illinois River Public Fishing Area (Simp and Helen Watts Area) downstream to the Highway 64 bridge.
(m) Scenic Rivers. The use or possession of cast nets is prohibited on all Oklahoma Scenic Rivers including the Barren Fork River in its entirety to the Arkansas state line.
(n) OLAP walk-in fishing area. The following special rules govern public use at OLAP walk-in fishing areas.
(1) Fishing is restricted to no more than three (3) rods or poles per person, with no more than three (3) hooks perline. No other fishing methods are allowed. Cast netting is prohibited.
(2) It shall be unlawful to drive, occupy, or park any motor driven vehicle including automobiles, trucks, mini-bikes, motorcycles, three-wheelers, etc., except on designated parking areas.
(3) Disposal of trash, refuse and debris is prohibited, and all trash must be packed out.
(4) Swimming, camping, fires, and alcohol are prohibited in walk-in fishing areas.
(5) Access is allowed on annual walk-in fishing areas year-round, and access on seasonal walk-in fishing areas is allowed beginning on the day following the end of spring turkey season and ending on the day preceding the beginning of dove season.
(6) Motorboats are prohibited unless authorized for the specific OLAP fishing area in the OLAP map directory and on signs posted at the OLAP walk-in area. Kayaks, canoes, fishing tubes, and vessels not powered by an inboard or outboard engine are permitted but must be carried to water edge unless stated otherwise for the specific OLAP fishing area in the OLAP map directory and/or on signs posted at the OLAP walk-in area.
(7) Fishing at OLAP walk-in fishing areas is catch and release only.
(8) Access is restricted to fishing areas and access corridors as specified in the OLAP map directory and/or on signs posted at the OLAP walk-in area. Unauthorized access to restricted areas of the property may be considered trespassing.
(o) OLAP stream access. The following special rules govern public use at OLAP stream access areas.
(1) OLAP stream access points provide a publicly accessible site to launch and retrieve boats for hunting, fishing and recreational activities. Activities unrelated to launching and retrieving boats or accessing a stream are prohibited.
(2) Persons must remain within the designated stream corridor or access area when accessing OLAP stream access areas for hunting, fishing, and recreational activities. Any access outside of the stream corridor or access area is trespassing. Stream corridors will be delineated in the OLAP map directory and/or on signs posted at the OLAP stream access area.
(3) Seasons, regulations, creel limits, and equipment restrictions are consistent with the existing regulations of the stream within which the OLAP stream access area occurs.
(p) All Waters of This State. The following special rules apply to all waters of this state, as specifically defined in 29 O.S., Section 2-147. Disposal of dead fish, fish remains, or fish carcasses into waters of this state within 100 yards of a boat ramp, or designated swimming area shall be prohibited except where an official fish cleaning station has been provided or where fish cleaning is specifically authorized.
[OAR Docket #26-446; filed 6-1-26]
TITLE 800. Department of Wildlife Conservation
CHAPTER 20. RESTRICTION ON AQUATIC SPECIES INTRODUCTION
[OAR Docket #26-471]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Restricted Exotic FishAquatic Species [AMENDED]
800:20-1-2. List of restricted exotic species [AMENDED]
Subchapter 2. Introductions Of Fish and Aquatic Organisms
800:20-2-4. Definitions [NEW]
800:20-2-5. Propagation, Sale, and Release of Fish by Licensed Aquaculturists in a Closed Recirculating Aquaculture System (RAS) [NEW]
800:20-2-6. Broodstock Transaction Process [NEW]
AUTHORITY:
Title 29 O.S., Section 3-103 (D) (4.) (8.) (15.) Section 5-401 (A), Article XXVI Section 1 and 4 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 2, 2025
COMMENT PERIOD:
October 1, 2025 through November 7, 2025
PUBLIC HEARING:
November 6, 2025
ADOPTION:
December 9, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 9, 2025
LEGISLATIVE APPROVAL:
May 20, 2026 by HJR1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
Subchapter 2. Introductions Of Fish and Aquatic Organisms
800:20-2-4. Definitions [NEW]
800:20-2-5. Propagation, Sale, and Release of Fish by Licensed Aquaculturists in a Closed Recirculating Aquaculture System (RAS) [NEW]
800:20-2-6. Broodstock Transaction Process [NEW]
800:20-2-4. Definitions [NEW]
800:20-2-5. Propagation, Sale, and Release of Fish by Licensed Aquaculturists in a Closed Recirculating Aquaculture System (RAS) [NEW]
800:20-2-6. Broodstock Transaction Process [NEW]
Gubernatorial Approval:
August 5, 2025
Register Publication:
42 Ok Reg 3605
Docket Number:
25-664
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule change proposals for Chapter 20 Restriction on Aquatic Species Introduction would update and add to list of restricted exotic species to match the Federal Injurious Wildlife list under the Lacey Act. Define and establishes guidelines for Recirculating Aquaculture Systems in Oklahoma as they relate to wild and native fishes in Oklahoma. Defines and establishes guidelines for Recirculating Aquaculture Systems in Oklahoma as they relate to wild and native fishes in Oklahoma. Defines and establishes guidelines for Recirculating Aquaculture Systems in Oklahoma as they relate to wild and native fishes in Oklahoma.
CONTACT PERSON:
Nels Rodefeld, Assistant Director, 405-521-4635 or Tammy St. Yves, APA Liaison, phone: 405-522-6279; 1801 N. Lincoln Blvd, Oklahoma City, Oklahoma.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. RESTRICTED EXOTIC FISHAQUATIC SPECIES [AMENDED]
800:20-1-2. List of restricted exotic species [AMENDED]
(a) Until such time as is necessary for the Department of Wildlife Conservation to obtain adequate information for the determination of other harmful or potentially harmful exotic species, the importation into the State and/or the possession of the following exotic fishaquatic species or their eggs is prohibited:
(1) Fish: Walking Catfish: The Walking Catfish, (Clarius batrachus) and other members of the exotic catfish family Claridae, including but not limited to species of the genera Clarias, Heteropneustes, Gymnallables, Channallabes, and Heterobranchus are prohibited. Any live specimens of Walking Catfish or other Claridae species within the boundaries of the State of Oklahoma are contraband and subject to seizure by the Department of Wildlife Conservation.Family Clariidae (genera include but not limited to Bathyclarias, Channallabes, Clariallabes, Clarias, Dinotopterus, Dolichallabes, Encheloclarias, Gymnallabes, Heterobranchus, Horaglanis, Platyallabes, Platyclarias, Tanganikallabes, Uegitglanis, Xenoclarias).
(2) Grass carp: Release of grass carp (diploid and/or triploid), also known as white amur or Chinese carp (Ctenopharyngodon idella) or their hybrids into public waters is prohibited in accordance with 29 O.S., Section 6-504. Only certified triploid grass carp may be imported, possessed, or introduced for the purpose of stocking private waters. Possession and transportation of diploid grass carp is permitted for the control of vegetation on licensed aquaculture facilities, the export to states allowing use of diploid grass carp and for production for sale to the human food market.
(3) Boney-tongue groupBonytongue fishes: Including but not limited to Osteoglossum spp., and Arapaima spp.
(4) Piranha groupfishes: Including but not limited to Serrasalmus spp., Pygocentrus spp., Rooseveltiella spp., Catoprion spp., Hydrocynus spp., and Salminus spp.
(5) Electric Eel (Electrophorus electricus).
(6) Electric catfishcatfishes: (Malapterus electricus).Family Malapteruridae (genera include but not limited to Malapterurus and Paradoxoglanis).
(7) Gar-pikePike topminnow or pike killfish (Belonesox belizanus).
(8) Snakehead groups(family): Family Channidae (genera include Aenigmachanna,Opicephalus spp., and Channa spp., Parachanna).
(9) Pavon or Peacock Bass (Chichla temensis and Chichia ocellaris) (Cichla temensis and C.ocellaris).
(10) Parasitic South American Catfish groupcatfishes: Family Trichomycteridae (genera and species include but not limited to Vandellia spp., Tridens spp., Pyqidium spp.) (Candiru), genera & species of the Trichomycteridae family. Vandellia spp., Tridens spp., and Pyqidium spp.
(11) Freshwater StingrayStingrays group: Including but not limited to Paratrygon spp., Potomotrygon spp., and Disceus spp.
(12) Houri (from South America): Trahiras: Family Erythrinidae (genera and species including but not limited to Macrodon spp., and Hoplias spp.)
(13) Rudd fish and rudd hybrids (Scardinius spp.).
(14) Bighead carp (Hypophthalmichthys molitrixnobilis). This shall not interfere with the possession of dead bighead carp when reporting the fish to ODWC personnel.
(15) Silver carp (Aristichthys nobilis)(Hypophthalmichthys molitrix). This shall not interfere with the possession of dead silver carp when reporting the fish to ODWC personnel.
(16) Black carp (Mylopharyngodon piceus). This shall not interfere with the possession of dead black carp when reporting the fish to ODWC personnel.
(17) AlewivesAlewife (AlosoAlosa pseudoharengus).
(18) Rainbow smelt (Osmerus mordax).
(19) Blueback herring (Alosa aestivalis).
(20) Asian Swamp Eel (Monopterus albus)
(21) Crucian Carp (Carassius carassius)
(22) Largescale Silver Carp (Hypophthalmichthys harmandi)
(23) Prussian Carp (Carassius gibelio)
(24) Wels Catfish (Silurus glanis)
(25) Eurasian Minnow (Phoxinus phoxinus)
(26) Stone Moroko (Pseudorasbora parva)
(27) European Perch (Perca fluviatilis)
(28) Nile Perch (Lates niloticus)
(29) Roach (Rutilus rutilus)
(30) Amur Sleeper (Perccottus glenii)
(31) Zander (Sander lucioperca)
(b) Tilapia:
(1) The sale and use of all Tilapia species as bait is prohibited.
(2) The stocking of all Tilapia species in any heated-water reservoir including, but not limited to, Sooner, Konawa and Boomer Reservoirs is prohibited.
(3) This shall not interfere with the sale of dead and/or processed Tilapia for human food or the sale or transport of Tilapia species for the purpose of aquatic vegetation control in privately owned ponds.
(c) Crayfish Mollusks and Crustaceans:
(1) Australian Red Claw Crayfish (Cherax quadrinatusquadricarinartus)
(2) Rusty Crayfish (Orconectes rusticus)
(3) Marbled Crayfish (Procambarus virginalis)
(4) Common Yabby Crayfish (Cherax destructor)
(5) Mitten Crabs (Eriocheir spp.)
(6) Quagga Mussel (Dreissena polymorpha)
(7) Zebra Mussel (Dreissena polymorpha)
(8) Golden Mussel (Limnoperna fortunei)
(d) Amphibians: Salamanders (due to risk of Bsal) Genera: Chioglossa, Cynops, Euproctus, Hydromantes, Hynobius, Ichthyosaura, Lissotriton, Neurergus, Notophthalmus, Onychodactylus, Paramesotriton, Plethodon, Pleurodeles, Salamandra, Salamandrella, Salamandrina, Siren, Taricha, Triturus, and Tylototriton.
(e) Any species on the Federal Injurious Wildlife list under 18 U.S.C. 42 of the Lacey Act that are not listed above.
SUBCHAPTER 2. INTRODUCTIONS OF FISH AND AQUATIC ORGANISMS
800:20-2-4. Definitions [NEW]
The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Recirculation aquaculture system" or "RAS" means a closed-loop facility for the purpose of propagating and culturing aquatic organisms which has no direct, indirect, or unfiltered connection to surface waters of this state for fish, other aquatic organisms, parasites, pathogens, or untreated effluent discharge.
800:20-2-5. Propagation, Sale, and Release of Fish by Licensed Aquaculturists in a Closed Recirculating Aquaculture System (RAS) [NEW]
Except as provided in 29 O.S. 6-311 through 6-317 and/or through authorization from the Director of the Oklahoma Department of Wildlife Conservation, no person shall sell or attempt to sell game fish and/or paddlefish obtained from public waters that have been held in captivity or comingled with privately produced fish. The following additional restrictions apply:
(1) Live paddlefish, regardless of their origin (spawned in captivity or spawned from wild caught), may not be released into public or private waters of this state and may only be sold outside Oklahoma state boundaries.
(2) Live smallmouth bass of any variety of sub-species may not be released East of Interstate 35 into public or private waters of this state.
(3) Live saugeye may not be released in any public or private waters within the Oklahoma portion of the Arkansas River watershed.
(4) Species listed as federally or state (800:25-19-6) threatened or endangered may not be released into public or private waters.
(5) Species of special concern (800:25-19-6) may not be released into public or private waters.
(6) No restricted aquatic species (800: 15-11-2) or restricted exotic species (800:20-1-2) may be produced or released into public or private waters.
800:20-2-6. Broodstock Transaction Process [NEW]
These rules establish the procedures and requirements for broodstock transactions between the Department and Licensed Aquaculturists for use in closed Recirculating Aquaculture System (RAS), as authorized under the Director's approval. The goal is to ensure that transactions are conducted transparently, efficiently, and in compliance with all applicable laws.
(1) The RAS license shall be a broodstock collection and possession license issued by the Director. The fee for this annual license is $500.00.
(2) License applications and renewals will be available through the Department website.
(3) Reporting and record requirements will be specified within the applications.
[OAR Docket #26-471; filed 6-2-26]
TITLE 800. Department of Wildlife Conservation
CHAPTER 25. WILDLIFE RULES
[OAR Docket #26-474]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 3. Hunting on Corps of Engineers Lands
800:25-3-2. Areas open to archery equipment and shotguns with pellets only [AMENDED]
800:25-3-3. Areas open to archery equipment only [AMENDED]
Subchapter 4. HUNTING ON OTHER NON-DEPT. LAND [NEW]
800:25-4-1. Purpose [NEW]
800:25-4-2. Areas Open to Archery Equipment and Shotguns with Pellets Only [NEW]
Subchapter 5. Migratory Bird Hunting Season
Part 11. WATERFOWL HUNTING BLINDS
800:25-5-48. Purpose [AMENDED]
800:25-5-49. Permits for seasonal or daily blinds [REVOKED]
800:25-5-50. Drawing process [REVOKED]
800:25-5-51. Blind construction [REVOKED]
Subchapter 7. General Hunting Seasons
Part 1. GENERAL PROVISIONS
800:25-7-3. General provisions [AMENDED]
800:25-7-4. Unmanned Aerial Vehicle (UAV)(Drone) Usage [NEW]
Part 5. UPLAND GAME
800:25-7-22. Quail - (bobwhite and scaled) [AMENDED]
Part 15. FURBEARERS
800:25-7-61. Dates, open areas, bag limits, and legal means of taking [AMENDED]
Part 19. SEASONS ON AREAS OWNED OR MANAGED BY THE OKLAHOMA DEPARTMENT OF WILDLIFE CONSERVATION AND THE U.S. FISH AND WILDLIFE SERVICE
800:25-7-105.7. Herron Family WMA [NEW]
Part 25. OKLAHOMA LAND ACCESS PROGRAM
800:25-7-181. OLAP walk-in hunting areas, seasons, and equipment restrictions [AMENDED]
Subchapter 24. Import of Cervids
800:25-24-3. Requirements [AMENDED]
Subchapter 26. Scientific Collector Permits
Part 1. Scientific Purposes
800:25-26-3. Use [AMENDED]
Part 3. Authorization Letter
800:25-26-6. Application process and reporting [AMENDED]
800:25-26-7. Uses and specifications [AMENDED]
Subchapter 30. Wildlife Depredation on Agricultural Crops
800:25-30-5. DCAP (Damage Control Assistance Permits) [AMENDED]
AUTHORITY:
Title 29 O.S., Section 3-103 (D) (4.) (8.) (15.) Section 5-401 (A), Article XXVI Section 1 and 4 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 2, 2025
COMMENT PERIOD:
October 1, 2025 through November 7, 2025
PUBLIC HEARING:
November 6, 2025
ADOPTION:
December 9, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 9, 2025
LEGISLATIVE APPROVAL:
May 20, 2026 by HJR1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
Subchapter 5. Migratory Bird Hunting Season
Part 11. WATERFOWL HUNTING BLINDS
800:25-5-48. Purpose [AMENDED]
800:25-5-49. Permits for seasonal or daily blinds [REVOKED]
800:25-5-50. Drawing process [REVOKED]
800:25-5-51. Blind construction [REVOKED]
Subchapter 7. General Hunting Seasons
Part 19. SEASONS ON AREAS OWNED OR MANAGED BY THE OKLAHOMA DEPARTMENT OF WILDLIFE CONSERVATION AND THE U.S. FISH AND WILDLIFE SERVICE
800:25-7-105.7. Herron Family WMA [NEW]
Subchapter 24. Import of Cervids
800:25-24-3. Requirements [AMENDED]
Part 11. WATERFOWL HUNTING BLINDS
800:25-5-48. Purpose [AMENDED]
800:25-5-49. Permits for seasonal or daily blinds [REVOKED]
800:25-5-50. Drawing process [REVOKED]
800:25-5-51. Blind construction [REVOKED]
Subchapter 7. General Hunting Seasons
Part 19. SEASONS ON AREAS OWNED OR MANAGED BY THE OKLAHOMA DEPARTMENT OF WILDLIFE CONSERVATION AND THE U.S. FISH AND WILDLIFE SERVICE
800:25-7-105.7. Herron Family WMA [NEW]
Subchapter 24. Import of Cervids
800:25-24-3. Requirements [AMENDED]
Gubernatorial Approval:
August 5, 2025
Register Publication:
42 Ok Reg 3606
Docket Number:
25-663
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule change proposals for Chapter 25 Wildlife Rules would move the October Kiamichi Park controlled youth deer hunt from the second weekend in October to the first weekend in October. The second youth-controlled hunt in December will benefit from a “cooling down” period with no disturbance the week before that hunt. U.S. Army Corps of Engineers (USACE) request change on non-licensed USACE property that is open to hunting. Opens new restricted portion, approximately 220 acres, within the June Hill area of lake Texoma. USACE request rule change on non-licensed USACE property that is open to hunting. Combines acres in 2 areas to simplify regulations. This will clean up language in Title 800. USACE request rule change for administrative adjustment of previous rule change. Opens 103 acres of archery only hunting on non-licensed Corps lands at Heyburn Lake. These lands are currently closed to hunting. USACE rule change request. Opens 45-acre and 23-acre island to archery. USACE rule change request on non-licensed USACE property. Removes a 50-acre unit within Lake Texoma area for safety concerns and to limit conflicts between hunters, campers, residential areas. USACE rule change request on non-licensed USACE property. Add rules to allow hunting with archery and shotgun with pellets only on Atoka Lake property, approximately 11,000 acres, to be consistent with existing Oklahoma City code. Eliminates seasonal blinds and go to daily blinds only on all United States Army Corps of Engineers (USACE) waterways. Changes the burden of possessing wildlife taken by another without the required information from being solely on the person receiving said wildlife to placing it on both the receiver and the one who harvested and gives away said wildlife. Establishes rules to dictate when and how UAV(Drone) can lawfully be used in scouting for and recovering downed wildlife. Administrative correction to correct season dates from 2002 where two different versions were created. Adds cable restraints as a legal trapping device for furbearers. Establishes resident only hunting seasons and dates on Herron Family WMA. Adds language to allow falconry as a legal means of take on OLAP properties. Falconry rules on OLAP will follow statewide Department regulations. Also add other means of take (i.e., slingshot) as an allowable means. Currently OLAP properties are restricted to archery or shotgun with pellets only. Allows importation of cervids going to a taxidermist in good standing with the Secretary of State and that follow proper disposal procedures of carcasses. This rule change proposal would add more species to the list of wildlife that must be applied for and covered under Letter of Authorization (LOA) and no longer under Scientific Collectors Permit authorization. The additional species are quail, pheasant, prairie-chicken, prairie dog, squirrel, rabbit, fox, bobcat, and mountain lion. Changes language to include species that are eligible for DCAP permit issuance.
CONTACT PERSON:
Nels Rodefeld, Assistant Director, 405-522-6279 or Tammy St. Yves, APA Liaison, phone: 405-522-6279; 1801 N. Lincoln Blvd, Oklahoma City, Oklahoma.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 3. HUNTING ON CORPS OF ENGINEERS LANDS
800:25-3-2. Areas open to archery equipment and shotguns with pellets only [AMENDED]
The following Corps of Engineers areas are open to archery equipment and shotguns with pellets only:
(1) Canton Lake: A 80-acre unit above Highway 58A in the Sandy Cove Area.
(2) Keystone Lake:
(A) A 460-acre unit including land north and south of the Cowskin North Recreation Area.
(B) A 200-acre unit on the west side of the north end of the Highway 64 bridge.
(C) A 530-acre unit north of the New Mannford Ramp area.
(D) A 480-acre unit east of the Cimarron Park area.
(E) A 100-acre unit north and south of the Pawnee Cove Access Point.
(F) A 200-acre unit in the Old Mannford Ramp area.
(G) A 280-acre unit on the south side of the road ending at Washington Irving North.
(H) A 120-acre unit west and south of the Sinnett Cemetery and south of the old Keystone road.
(I) A 200-acre unit south of Highway 51 on Bakers Branch.
(J) A 135-acre area on the west side of Walnut Creek (old Walnut Creek #3).
(3) Hugo Lake: Except, archery only during all deer seasons.
(A) A 2,373-acre unit in the Kiamichi Park Area. Open for hunting for all species that can be legally taken during legal open seasons by archery equipment and shotgun with pellets, except closed until the Monday after the first full weekend in October and closed the first Monday through Sunday in December. the first Tuesday through Sunday in October and the first Tuesday through Sunday in December.
(B) A 478-acre unit in the Wilson Point Area.
(C) A 481-acre unit in the Virgil Point Area.
(D) A 280-acre unit in the Sawyer Bluff Area.
(E) A 60-acre unit in the Rattan Landing Area.
(F) A 500-acre unit in the embankment area above Hugo Dam.
(G) A 475-acre unit lying South of the physical creek of Salt Creek on Hugo Lake.
(4) Tenkiller Ferry Lake: A 110-acre unit north of the asphalt road and east of Highway 10A.
(5) Copan Lake: Except, archery equipment only during all deer seasons.
(A) A 650-acre unit below the dam.
(B) A 100-acre unit east and southeast of Copan Point Park.
(C) Three islands north of Washington Cove Park.
(6) Fort Gibson Lake:
(A) A 300-acre unit on the north side of North Bay.
(B) A 800-acre unit on the south side of the Chouteau Creek, starting at Highway 69 and running east and south to Highway 33.
(C) A 320-acre unit across the lake from the Chouteau Bend Recreation Area.
(D) A 480-acre unit on the west side of Mallard Bay.
(E) A 103 -acre unit in Section 13 of the Blue Bill Point housing addition.
(F) A 160-acre unit west of the town of Murphy.
(G) A 650-acre unit on Pryor Creek beginning on the east side of Highway 69 in Sections 29, 30 & 31.
(H) A 190-acre unit in the south ½ of Section 12, north of the Blue Bill Recreation Area.
(I) A 120-acre unit west of the town of Hulbert.
(J) A 515-acre unit on the south side of Mallard Bay.
(K) A 488-acre unit on the south side of Whitehorn Cove Concession.
(7) Sardis:
(A) A 950-acre unit in the Potato Hills Area.
(B) A 100-acre unit in the Sardis Cove Area.
(8) Webbers Falls Lock and Dam 16:
(A) A 37-acre unit on the peninsula north of the lock and dam.
(B) A 150-acre unit in the Hopewell Park Area.
(C) A 150-acre unit in the Brewer's Bend Area only open for hunting 1 December through 28 February.
(D) A 50-acre unit south of the Spaniard Creek Area.
(E) A 60-acre unit off Lock View access road and south of the project office.
(F) A 750-acre unit North of Three Forks Harbor to Grand River Bridge.
(G) A 265-acre unit from Grand River Bridge to Highway 16 Bridge near Okay.
(H) A 62.9-acre unit between Highway 16 and the Muskogee Turnpike.
(9) Lake Texoma:
(A) A 380-acre unit below Denison Dam.
(B) A 160-acre unit in the Willow Springs Area.
(C) A 100-acre unit in the Buncombe Creek West Area
(D) A 110-acre unit on the Limestone Creek Area.
(E) A 250-acre unit on the Treasure Island, North Island Group.
(F) A 512-acre unit in the McLaughlin Creek Southwest Area.
(G) A 1,100-acre unit in the Washita Point Area.
(H) A 300-acre unit south of the Butcher Pen Area.
(I) A 800-acre unit on either side of Highway 70 on the east side of the lake.
(J) A 650-acre unit in the Lakeside West and South Area.
(K) A 420-acre unit in the Lebanon Area.
(L) A 226-acre unit on the west side of Wilson Creek.
(M) A 130-acre unit in the Caney Creek Area.
(O) A 170-acre unit in the Oakview North Area.
(P) A 115-acre unit in the North Platter Flats Area.
(Q) A 95-acre unit in the Newberry Creek South Area.
(R) A 220-acre unit in the June Hill Area.
(10) Kaw Lake:
(A) A 280-acre unit in the Traders Bend Area.
(B) A 320-acre unit in the Sarge Creek Cove Area.
(C) A 220-acre unit in the Burbank Landing Area.
(D) A 110-acre unit between Sandy Park Swim Beach and Osage Cove.
(E) A 100-acre unit in the Bear Creek Cove, open for hunting only from 15 September through 15 February.
(F) A 186-acre unit south of Camp McFadden and north of a housing addition.
(11) Eufaula Lake:
(A) Open for archery equipment 1 October through 28 February and open for shotguns with pellets from 1 November through 28 February.
(i) A 165 -acre unit in the Highway 31 Landing Area.
(ii) A 128 -acre unit in Holiday Cove Recreation Area.
(iii) A 200-acre unit in Hickory Point Recreation Area.
(iv) A 90 -acre unit in the Gentry Creek Recreation Area.
(B) Open for hunting for all species that can be legally taken during legal open seasons by archery equipment and shotguns with pellets.
(i) A 275-acre unit known as Duchess Creek Island.
(ii) A 47-acre unit in Juniper Park.
(iii) A 99-acre unit in the Coal Creek area.
(iv) A 69-acre unit southwest of the city of Crowder.
(v) A 116-acre unit east of the city of Crowder.
(vi) A 95-acre unit in the Rock Creek Heights area.
(vii) A 63-acre unit around Highway 9 Marina.
(viii) A 411-acre unit in the area of Highway 9A.
(ix) A 247-acre unit known as Bunny Creek.
(x) A 251-acre unit in Sandy Bass Bay.
(xi) A 32-acre unit in Dam Site area.
(xii) A 95-acre unit below Eufaula Dam, north of the river
(C) Open for hunting for all species that can be legally taken during legal open seasons by archery equipment and shotguns with pellets, except for the 4th weekend in November through the 2nd weekend of December2nd Friday through Monday in December: A 395-acre unit in the Brooken Cove Recreational Area.
(D) Open for hunting for all species that can be legally taken during legal open seasons by archery equipment and shotguns with pellets only, except closed the 3rd Friday of October through the 1st weekend of November: A 533-acre unit in the Gaines Creek Recreational Area.
(12) Chouteau Lock and Dam 17: All lands beginning from the MK&T Railroad below Chouteau Lock and Dam 17 and continuing upstream to Newt Graham Lock and Dam 18, except that Pecan Park is open to hunting with archery equipment only and the Chouteau Lock and Dam 17 has a 600 yard "No Hunting" buffer area around both the lock and dam, and that Coal Creek Access Point and Afton Landing Park are closed to all hunting.
(13) Hulah Lake:
(A) A 200-acre unit in the Turkey Creek Point Area.
(B) A 60-acre unit below Hulah Dam.
(C) A 375-acre unit in the Caney Bend Area.
(14) Wister Lake: A 400-acre unit east of the uncontrolled spillway and Glendale Dike.
(15) Oologah Lake:
(A) A 80-acre unit on the east side of Blue Creek Park.
(B) A 180 acre-unit on the south side of Spencer Creek Park.
(C) A 120-acre unit east of Double Creek Park.
(16) Waurika Lake: All lands presently designated as open to public hunting, except fall turkey hunting is archery only.
(17) Newt Graham Lock and Dam 18: All lands beginning from Newt Graham Lock and Dam 18 and continuing upstream to Interstate 44, except that the Newt Graham Lock and Dam 18 has a 600 yard 'No Hunting' buffer area around it, and that Bluegill Access Point, Highway 33 Access Point and Bluff Landing Public Use Area are closed to all hunting.
(18) Pine Creek Lake: Except, archery only during all deer seasons.
(A) A 280-acre unit below Pine Creek Dam.
800:25-3-3. Areas open to archery equipment only [AMENDED]
The following Corps of Engineers areas are open to archery equipment only:
(8) Pine Creek Lake:
(A) Open for hunting for all species that can be legally taken during legal open seasons by archery equipment, except for the 2nd Tuesday through Sunday in November; A 200-acre unit north of Highway 3 and south of the old highway.
(B) A 120-acre unit west of Little River Park.
(9)(8) Fort Supply:
(10)(9) Arcadia Conservation Education Area: (Open by ODWC sanctioned controlled hunt through the City of Edmond Game and Fish Commission only.)
(11)(10) Keystone Lake: A 570-acre area south of the town of Prue (old Walnut Creek #1).
(12)(11) Lake Texoma:
(F) A 50-acre unit in the Buncombe Creek South Area.
(13)(12) Hugo Lake:
(1) Birch Lake: A 450-acre unit in the Birch cove, Outlet Park and Twin cove areas.
(2) Kaw Lake:
(A) A 400-acre unit in the Washunga Bay Area.
(B) A 600-acre unit in the McFadden Cove Area and below the dam embankment access road.
(C) A 236-acre unit in the Osage Cove Area open from 1 December to 31 December.
(D) A 60-acre unit south of Kaw City and west of Pioneer Park.
(3) Fort Gibson:
(A) A 360-acre unit on the north side of the mouth of North Bay.
(B) A 50-acre unit south of Jackson Bay Area.
(C) A 150-acre area on the northeast end of Ranger Creek.
(D) A 100-acre unit in the Snug Harbor area.
(E) A 320-acre unit on the south side of North Bay.
(F) A 320-acre unit on the north side of Long Bay.
(G) A 70-acre area on the upper end of Pryor Creek adjacent to the east side of Highway 69.
(H) A 36-acre area in Section 6, T16N, R20E.
(I) A 77-acre area on the north shore of Ranger Creek.
(J) A 166-acre area west of Taylor Ferry South Park in Sections 20 & 21, T17N, R19E.
(4) Copan Lake:
(A) A 50-acre unit north of Copan Point Park.
(B) A 50-acre unit north of the Post Oak area.
(C) A 5-acre unit west of Post Oak Park between the old and new Highway 10.
(D) A 340-acre unit north of the Washington Cove Park.
(5) Heyburn Lake: A 120-acre unit on the south side of the Dam Site Area and west of the outlet channel.
(A) A 120-acre unit on the south side of the Dam Site Area and west of the outlet channel.
(B) A 103-acre unit West of 285th West Ave to the lake and to the WMA.
(6) Skiatook Lake:
(A) A 138-acre unit in the Osage Park Area.
(B) A 150-acre unit area below Skiatook Dam.
(C) A 120-acre unit in Hominy Landing.
(D) A 45-acre island southeast of the Osage Park Area.
(E) A 23-acre island southeast of the Osage Park Area.
(7) Hulah Lake: A 40-acre unit south of the Hulah State Park office.
(A) A 183-acre unit in the south portion of Fort Supply Park.
(B) A 46-acre unit in the Project Office Area.
(A) A 500-acre unit ½ mile North of Memorial Road on Midwest Boulevard
(B) 230-acre unit at Douglas and 150th street.
(A) A 610-acre unit in the Burns Run Area
(B) A 550-acre unit in the Alberta Creek Area.
(C) A 60-acre unit in the Colbert Boat Club Area.
(D) A 40-acre unit in the Oak Hills Area.
(E) A 100-acre unit in the Willafa Woods Area.
(A) A 13 acre unit located across from Wilson Point in Section 18, east of Highway 147.
(B) A 40 acre unit located north of County Road E2040 in Section 6 and east of Highway 147.
SUBCHAPTER 4. HUNTING ON OTHER NON-DEPT. LAND [NEW]
800:25-4-1. Purpose [NEW]
This Subchapter provides for certain types of hunting during legal open seasons on lands not owned or managed by ODWC. Designated lands open to hunting but not licensed to the Oklahoma Department of Wildlife Conservation are open during the same dates, bag limits, method of harvest, shooting hours and all other general regulations as the designated Department managed lands unless otherwise provided.
800:25-4-2. Areas Open to Archery Equipment and Shotguns with Pellets Only [NEW]
Atoka Lake: To follow Atoka PHA dates, bag limits, method of harvest, shooting hours and all other general regulations
(1) West side of the lake and south of HWY 43 bridge-4,580 acres.
(2) North of HWY 43-4,351 acres.
(3) East side of Lake -2,318 acres.
(4) South end of Lake, including South gate to North gate, East of lake road closed for hunting- 450 acres.
(5) South of 43 bridge, East side of lake to Lost 43 road closed for hunting - 489 acres.
SUBCHAPTER 5. MIGRATORY BIRD HUNTING SEASON
PART 11. WATERFOWL HUNTING BLINDS
800:25-5-48. Purpose [AMENDED]
Waterfowl blinds constructed on Corps of Engineers and Bureau of Reclamation Reservoirs are restricted to daily blinds only. are classified in two categories: Seasonal - blinds which are constructed by a hunter permitted by the Department and at a Department approved designated location and used throughout the current hunting season. Daily - blindsDaily blinds may be constructed for use on any given day and removed at the end of the day's hunt. Daily blinds would include boat blinds, layout blinds, panel blinds and/or any other blind constructed from natural material that is removed at the end of the day's hunt. This Part establishes the guidelines for blind construction.
800:25-5-49. Permits for seasonal or daily blinds [REVOKED]
800:25-5-50. Drawing process [REVOKED]
800:25-5-51. Blind construction [REVOKED]
SUBCHAPTER 7. GENERAL HUNTING SEASONS
PART 1. GENERAL PROVISIONS
800:25-7-3. General provisions [AMENDED]
(a) Any person hunting any wildlife in open areas during the youth deer gun, bear muzzleloader, deer muzzleloader, deer gun, holiday antlerless deer gun (in open zones), elk gun (in open counties) or September antelope gun (in open areas) seasons with a shotgun and rifled slug, or any rifle or handgun larger than a .22 caliber long rifle, must possess a valid bear, deer, elk, or antelope license, unless otherwise exempt. Any person hunting feral hogs in open areas during the deer gun, deer primitive, elk, bear or antelope season with a shotgun and rifled slug, or any rifle or handgun larger than a .22 caliber rimfire, must possess a filled or unfilled deer, elk, bear, or antelope license appropriate for that season unless otherwise exempt.
(b) No person while in the field may possess or attempt to harvest any wildlife, except waterfowl and crane, with shotgun utilizing shot larger than #4 buckshot. Any person hunting any wildlife with an air powered arrow rifle during any open season when rifles are a legal means of take must possess a valid air powered arrow rifle permit.
(c) Any person participating in primitive firearms season, deer gun seasons, elk season, antelope season and bear gun season must conspicuously wear both a head covering and an outer garment above the waistline, both totaling 500 square inches or more of clothing, both consisting of daylight fluorescent orange color totaling not less than 400 square inches [Title 29 O.S., Section 5-205, Part A]. All other hunters, except those hunting waterfowl, dove, crow or crane, or while hunting furbearing animals at night must wear either a head covering or upper garment of fluorescent orange clothing during the deer primitive firearms season, deer gun seasons, elk season, antelope season and bear primitive firearms season, or bear gun season in zones where these seasons are open.
(d) For purposes of pheasant, turkey, deer, elk, bear and antelope regulations, 'final destination' shall be the hunter's residence or place of consumption.
(e) In order to transfer any legally taken wildlife or portions thereof, the person transferring such wildlife must give the transferee written or electronic information containing a statement of transfer, with the names and address of the transferor and transferee, along with the transferor's Department customer identification number, date taken, and the number and type of wildlife. In addition, all wildlife requiring harvest reporting with the Department must include the reported harvest's confirmation number as proof the harvest has been properly reported to the Department. The transferor must not receive any compensation for the transfer. Any wildlife left with a taxidermist or meat processor must include the written information identifying the transferor and harvest, including any reported harvest's confirmation number, if required. No person may possess any game bird, animal or other wildlife, or portions thereof that have been taken by another person, unless such game bird, animal or other wildlife, contain information giving the taker's name, customer identification number, date taken and the number and kind of game bird, animal or wildlife. In addition, information on deer, elk, antelope, bear, and turkey must include the confirmation number as proof that the animal's harvest has been properly reported. The person's name and address receiving said wildlife must also appear on the written information.
(f) No person shall concentrate, drive, molest, hunt, take, capture or kill; or attempt to take any wildlife by the aid of any fire or smoke whether man-made or natural.
(g) No person may hunt, chase, capture, shoot at, wound or kill any moose or Rocky Mountain bighorn sheep, except as otherwise provided by statute or Commission rule.
(h) Private landowner regulations regarding any items covered by these rules may be more restrictive, but not less restrictive than these rules.
(i) Dogs may be used in taking all game species in these rules except bear, deer, elk, antelope and turkey. Exceptions to this rule would be the use of a leashed dog to track downed game after notification to the game warden of location and having no means of take on person while tracking.
(j) Except as otherwise provided for by law or Commission rule, nothing shall prohibit the year-round pursuit of game, which may be lawfully hunted with the use of hunting dogs, for dog training or sport only. However, unless otherwise provided, no person in pursuit of game with hunting dogs outside of the regular harvest season shall have in their possession the means to harvest such game.
(k)Harvest tagging of game - All persons taking a deer, elk, antelope, bear, or turkey must immediately secure their name, customer identification number, date and time of harvest to the carcass.
(l) Harvest reporting of game - All deer, elk, antelope, bear, or turkey taken must be reported by the hunter to the Department within 24 hours of leaving the hunt area. Instructions for reporting of harvest will be provided in the Oklahoma Fishing and Hunting Regulations and on the Department's website. Once reported, a carcass tag or online confirmation number will be issued. This tag or confirmation number must remain with the carcass to its final destination or through processing and/or storage at a commercial processing or storage facility. Evidence of sex must remain naturally attached to the carcass until the harvest has been properly reported.
(m) All resident and nonresident youth under 18 must have a youth super license to hunt deer, elk, pronghorn, bear, turkey, waterfowl, furbearers, and trapping. Youth hunters under the age of 18 hunting all other species not listed are exempt from the youth super license.
800:25-7-4. Unmanned Aerial Vehicle (UAV)(Drone) Usage [NEW]
(a) Unmanned Aerial Vehicle (commonly referred to as UAV or drone): means an aircraft operated without the possibility of direct human intervention from within or on the aircraft.
(b) Harrassment of Legal Hunters, Anglers, and Trappers - It is unlawful to use any aircraft to obstruct any person who is lawfully hunting, fishing, or trapping.
(c) Harassment of wildlife: it is unlawful to fly a UAV in any mannner that willfully causes any wildlife to move from its place of rest or change its direction of travel. This does not apply to licensed Nuisance Wildlife Control Operators while performing their commercial activities conducted under ODWC licensing.
(d) A UAV can be used to scout on land not owned or managed by ODWC. However, hunting is not allowed on the area flown the same day the aerial scouting occurs.
(e) Taking off or landing a drone from or within the property lines of land owned or managed by ODWC for any purpose without Department authorization is prohibited.
(f) When using an unmanned aerial vehicle to attempt to recover wildlife:
(1) Absolutely no methods or take can be possessed in the field, with exception to constitutional carry.
(2) The hunter or pilot of the UAV must notify a game warden of location where hunt took place before attempting to locate the animal.
(3) If the animal is found to still be alive the location can be recorded and the UAV must return to the point of takeoff and land. After the UAV is landed, the game warden will be notified that the animal is still alive. No hunting shall resume within four (4) hours of the notification to the game warden, and only with legal means of take during the open season.
(4) If the animal is found dead the pilot can direct the recovery while the UAV is still airborne.
(5) The hunter or pilot of the UAV must notify the game warden of the results of the recovery mission as soon as the search is concluded.
(6) All UAV recovery flight attempts must be recorded. All recordings must be archived for ninety (90) days.
(g) Nothing in this section shall limit the use of UAVs on properties owned or managed by ODWC by any law enforcement officer or law enforcement agency to protect life, limb, or property. Law enforcement UAV training will be allowed only with approval by Department personnel.
PART 5. UPLAND GAME
800:25-7-22. Quail - (bobwhite and scaled) [AMENDED]
(a) Dates. Quail hunting season dates shall be November 1 through January 31the second Saturday in November through February 15.
(b) Bag Limits. The bag limit for quail hunting (bobwhite and scaled) in Oklahoma shall be 10 daily aggregate, 20 in possession after the first day.
(c) Hunting hours: The hunting hours shall be official sunrise to official sunset.
(d) Johnny Houses. Commercially reared or propagated quail may be released from quail callback pens commonly known as "Johnny Houses" and subsequently recaptured by use of "Call Back Quail," provided said birds are banded prior to release as required under Title 29, Section 5-203, and provided further that said "Johnny Houses" be checked at least once every 24 hours and any wild or unbanded quail be immediately released unharmed into the wild. 800:25-7-22v2. Quail - (bobwhite and scaled)2
PART 15. FURBEARERS
800:25-7-61. Dates, open areas, bag limits, and legal means of taking [AMENDED]
The following dates, open areas, bag limits and legal means of taking apply to furbearers:
(1) Dates and legal furbearers.
(A) Furbearer Season: The dates for the taking of furbearers shall be the first day of December to the last day of February and those legal furbearers are as follows: Badger, bobcat, gray fox, mink, muskrat, opossum, red fox, river otter and weasel.
(B) Open year-round: The season for taking raccoon, beaver, striped skunk, nutria and coyote is open year-round. Taking of mountain lion is allowed when the mountain lion is committing or about to commit depredation on any domesticated animal, or when acting in a manner as to constitute an immediate safety hazard. In the event a mountain lion is taken, an ODWC employee must be notified immediately and the intact carcass including the hide must be presented to ODWC within 24 hours for collection of biological information.
(2) Open areas. The following provisions apply to areas which furbearers can be legally taken or are closed to harvest:
(A) Open statewide. Badger, beaver, bobcat, coyote, gray fox, mink, muskrat, nutria, opossum, raccoon, red fox, river otter, striped skunk and weasel are open to harvest statewide.
(B) Closed statewide. Ringtail, spotted skunk, and swift fox are closed to harvest statewide.
(3) Bag limits. The following daily and season bag limits apply to the taking of legal furbearers:
(A) Daily bag limits:
(i) Bobcat - no bag limit.
(ii) Gray fox - 2 per licensee.
(iii) Red fox - 1 per licensee.
(iv) Badger, beaver, coyote, mink, muskrat, nutria, opossum, raccoon, river otter, striped skunk, and weasel - no daily bag limit.
(B) Season bag limits:
(i) Bobcat - 20 per licensee.
(ii) Gray fox/Red fox combined - 6 per licensee, no more than 2 may be red fox.
(iii) Badger, beaver, coyote, mink, muskrat, nutria, opossum, raccoon, striped skunk and weasel - no bag limit.
(iv) River otter - 6 per licensee.
(4) Legal means of taking. The following are the legal trapping devices:
(A) Box traps and Colony traps.
(B) Smooth-jawed single-spring OR smooth-jawed double-spring offset no less than 1/8 inch OR smooth-jawed coil-spring offset no less than 1/8 inch foot-hold steel traps with an outer diameter jaw spread of:
(i) No more than eight (8) inches for land sets.
(ii) No more than eight and 1/2 (8.5) inches for water sets.
(C) Enclosed trigger traps.
(D) Body-gripping traps for fully submerged sets with no more than twelve (12) inches in diameter on private land only.
(E) Cable restraint devices made to the following specifications:
(i) Cable length may not exceed 7 feet.
(ii) Cable must be galvanized or stainless braided cable and include swivel.
(iii) Cable must be made of multiple strands of wire, with a diameter of 3/32 inches or larger.
(iv) Cable restraint must include a breakaway device or be stop-rated at 350 pounds or less.
(v) Cable restraint must include a relaxing reverse-bend washer lock with a minimum outside diameter of 1 1/4 inches.
(vi) Cable restraint must include cable stops affixed to the cable to ensure that the portion of the cable that makes up the loop may not be longer than 38 inches or less than 8 inches.
(vii) Cable restriant must be staked in a manner that does not allow the restraint device to reach any part of a fence, rooted woody vegetation greater than 1/2 inch in diameter, or any other immovable object or stake that could cause entanglement.
(viii) It shall be unlawful to use cable restraint devices on Department-owned or managed Wildlife Management Areas.
PART 19. SEASONS ON AREAS OWNED OR MANAGED BY THE OKLAHOMA DEPARTMENT OF WILDLIFE CONSERVATION AND THE U.S. FISH AND WILDLIFE SERVICE
800:25-7-105.7. Herron Family WMA [NEW]
The following hunting and trapping seasons apply to the Herron Family WMA. All hunting and trapping seasons are closed to nonresidents, unless otherwise exempt.
(1) Quail: Same as statewide season dates, except closed during the first nine days of deer gun season.
(2) Pheasant: Closed season.
(3) Prairie Chicken: Closed season.
(4) Turkey-Fall: Closed Season
(5) Turkey-Spring: Same as statewide season dates. Bag limit will be determined annually and published in the current Oklahoma Fishing and Hunting Regulations.
(6) Squirrel: Same as statewide season dates, except closed during first nine days of deer gun season.
(7) Rabbit: Same as statewide season dates, except closed during first nine days of deer gun season.
(8) Crow: Same as statewide season dates.
(9) Dove: Same as statewide season dates.
(10) Rail and gallinule: Same as statewide season dates.
(11) Common snipe: Same as statewide season dates, except closed during first nine days of deer gun season.
(12) Woodcock: Same as statewide season dates, except closed during first nine days of deer gun season.
(13) Deer-archery: Same as statewide season dates.
(14) Deer-primitive firearms: Same as statewide season dates.
(15) Deer-gun: Same as statewide season dates.
(16) Trapping: Same as statewide season dates.
(17) Pursuit with Hounds: Same as statewide season dates, except closed during the first nine days of deer gun season.
(18) Predator/furbearer calling: Same as statewide season dates.
(19) Waterfowl: Same as statewide season dates, except closed during the first nine days of deer gun season.
PART 25. OKLAHOMA LAND ACCESS PROGRAM
800:25-7-181. OLAP walk-in hunting areas, seasons, and equipment restrictions [AMENDED]
(a) Access is allowed for hunting activities only. All other activities are prohibited on OLAP walk-in hunting areas unless stated otherwise in the OLAP map directory and/or on posted signs at the walk-on area.
(b) The following defines types of OLAP Walk-in Hunting Areas.
(1) General: Access allowed from September 1 - closing date of spring turkey season. General: Regulations and methods of take consistent with statewide regulations.
(2)Archery/Shotgun only: Access allowed from September 1 - closing date of spring turkey season. Archery/Shotgun with pellets only. Means of take include: archery, shotgun, legal raptors (following statewide regulations), hand propelled missile or slingshot. Shotgun is restricted to pellets only. Pellet size may not be larger than conventional T (0.200" dia.).
(3) Controlled Hunt Area: Access granted by permit drawn through the controlled hunt program.
(4) Limited Access Area: Access granted by daily permit drawn through OLAP daily permit system. Means of take include: archery, shotgun, legal raptors (following statewide regulations) hand propelled missile or slingshot. Shotgun is restricted to pellets only (pellet size may not be larger than conventional T (0.200" dia.)
(c) Quail: Hunting hours close at 4:30 p.m. daily.
(d) Pheasant: Hunting hours close at 4:30 p.m. daily.
(e) Turkey - Spring: Hunting hours close at 7:00 p.m. daily.
(f) Trapping: Open to water sets, live box traps, and enclosed trigger traps only.
SUBCHAPTER 24. IMPORT OF CERVIDS
800:25-24-3. Requirements [AMENDED]
(a) The following relate to the importation of live cervids into Commercial Hunting areas.
(1) The import of cervidae for the purpose of deposition in a Commercial Hunting area that are originating in any county or Canadian province where Chronic Wasting Disease exists in free-ranging native herds shall be prohibited, except the State Veterinarian may allow an import from a Canadian province with Chronic Wasting Disease after notification to the Oklahoma Department of Wildlife Conservation and based on a review of the following factors:
(A) distance of the farmed cervidae facility from the Chronic Wasting Disease area,
(B) existence of double fencing between the farmed cervidae facility and free-ranging native herds,
(C) farmed cervidae facility biosecurity measures,
(D) participation of the farmed cervidae facility in any Canadian Chronic Wasting Disease herd certification programs, and
(E) any other relevant factors.
(2) All other cervidae imports into Commercial Hunting areas shall only be from a source herd that is in a Chronic Wasting Disease surveillance and certification program for a minimum of five (5) years monitored and the program meets the standards of cervidae importation into Oklahoma;
(3) import of cervidae into Commercial Hunting areas shall be accompanied by a Certificate of Veterinary Inspection and an approved Cervidae Import Permit; and
(4) import of cervidae into a Commercial Hunting area shall follow all other disease testing required by the Oklahoma Statutes or rules promulgated by the Department of Agriculture, Food, and Forestry.
(b) The following restrictions apply to the statewide importation of cervid carcasses or carcass parts. (1) No person shall import, transport, or possess any cervid carcass or part of a cervid carcass from outside the boundaries of Oklahoma. The following items are the only exceptions:
(6) Any deceased, intact cervidae in transit into this state to a taxidermist who is in good standing with the Secretary of State. Disposal of out of state carcasses must be in a clay-lined landfill.
(c) Upon detection and confirmation of Chronic Wasting Disease (CWD) in a free-ranging cervid(s) inside of Oklahoma or within 5 miles of the state's border, the following restrictions apply to the movement of a cervid carcass and cervid carcass parts from within the boundaries of any area designated a Selective Surveillance Area (SSA) as defined in the ODWC and Oklahoma Department of Agriculture, Food, and Forestry jointly approved 2019 Chronic Wasting Disease Response Strategy ("CWD Strategy") or the most current CWD Strategy update. (1) No person shall transport any cervid carcass or part of a cervid carcass from within an active SSA to outside of an active SSA. The following items are the only exceptions:
SUBCHAPTER 26. SCIENTIFIC COLLECTOR PERMITS
PART 1. SCIENTIFIC PURPOSES
800:25-26-3. Use [AMENDED]
(a) A copy of the approved application must be carried with the collector permit when sampling or collecting in the field.
(b) The permit holder must notify the Law Enforcement Division at least twenty-four hours prior to the time of sampling or collecting in any county. Notification must be made prior to each trip, unless prior arrangements to the contrary have been made with the Game Warden(s) in the counties involved.
(c) Instructors in charge of educational classes may take classes into the field and allow students to collect in their presence under their permit. If students collect or sample fish or wildlife when the instructor is not present, they must have their own permit. Students collecting or sampling in the field, under the permit of an instructor, and in the presence of an instructor, are not required to have a hunting or fishing license, or individual permit except as provided in (5).
(d) Except as stipulated in (e), persons who sample or collect fish or wildlife under a scientific collector permit are not required to possess a fishing or hunting license.
(e) The permit does not authorize the holder to collect game, furbearing, or predatory species with firearms, bows and arrows, or fish with any hook and line method without a valid Oklahoma hunting and/or fishing license. The following species may not be taken under a scientific collector permit: deer, bear, elk, antelope, or wild turkey., quail, pheasant, prairie-chicken, prairie dog, squirrel, rabbit, fox, bobcat, or mountain lion.
(f) This permit does not authorize sampling or collecting on State or Federal Refuge or Wilderness Areas.
(g) Only those specific species, areas, and methods approved by the Department will be covered by the permit. Any variations from the above rules must be covered by specific written approval by the Director and said approval shall be attached to and carried with the permit.
(h) A Scientific Collector's permit shall not be used to collect those species of wildlife for which a statewide closed season has been established by the Oklahoma Wildlife Commission, unless specifically authorized.
(i) A Federal Permit is required in addition to the state permit, if migratory birds, threatened or endangered species are to be collected.
PART 3. AUTHORIZATION LETTER
800:25-26-6. Application process and reporting [AMENDED]
(a) The Director, acting on behalf of the Commission, may issue a letter of authorization to a government agency or a sub-division of a government agency including municipal, county, state or federal resource management agencies, for the capture, possession, and/or vouchering of fish and wildlife for the purposes of biological monitoring, conservation education, or research funded approved by the Oklahoma Department of Wildlife Conservation.
(b) The following are the procedures for obtaining a letter of authorization:
(1) A request for a letter of authorization must be sent in writing to the Fisheries Division Chief or Wildlife Division Chief of the Oklahoma Department of Wildlife Conservation.
(2) The request must identify the following:
(A) the need for or purpose of the letter of authorization.
(B) the name, agency and contact information (phone number, address and email) of one or more primary points of contact to whom the letter of authorization is issued.
(C) the species and estimated numbers of individuals for which the applicant seeks authorization to capture, possess or voucher.
(D) the geographic area over which the request extends.
(E) a list or description of the methods by which fish and wildlife will be captured or taken,
(F) the names of all individuals, including the primary point of contact, who are intended to be covered under the letter of authorization.
(G) the intended final disposition of the fish and wildlife requested to be collected.
(3) Once a letter of authorization request is received, ODWC fish and wildlife biologists will conduct an internal review process. Once the request is reviewed and deemed adequate, it will be submitted for the Director's approval and signature and the approved letter of authorization will be sent to the applicant.
(4) Letters of authorization expire at the end of each calendar year, and a new request must be submitted each year that the applicant requested authorization.
(5) Within two months of the end of the calendar year, the primary point of contact is responsible for submitting a written report summarizing the activities conducted under the letter of authorization including the geographic locations where fish and wildlife were captured, the species and numbers of individuals captured, and the disposition of those animals or specimens at the end of the year. Failure to provide an annual report in a timely manner could preclude the issuance of letters of authorization in subsequent years.
800:25-26-7. Uses and specifications [AMENDED]
(a) A copy of the letter of authorization must be carried by each authorized individual when active in the field.
(b) Each letter of authorization will describe the extent of the activities that it covers including the geographic area and the methods of capture or take.
(c) Letter of authorization may be issued for the capture, possession and vouchering of species that cannot be permitted under a scientific collector's permit including deer, bear, elk, antelope and, turkey., quail, pheasant, prairie-chicken, prairie dog, squirrel, rabbit, fox, bobcat, or mountain lion.
(d) Letters of authorization may be issued to individuals and laboratories within government research institutions and public universities that conduct fish and wildlife research funded by the Oklahoma Department of Wildlife Conservation.
(e) A letter of authorization does not preclude the need for a federal permit. The capture, possession and vouchering of migratory birds and federally-listed threatened or endangered species requires a federal permit unless exempted under an Endangered Species Act Section 4(d) rule.
(f) A letter of authorization does not preclude the need to obtain permission from landowners to operate on private property, or the need to obtain permission from official area managers when operating on municipal, state or federal lands.
SUBCHAPTER 30. WILDLIFE DEPREDATION ON AGRICULTURAL CROPS
800:25-30-5. DCAP (Damage Control Assistance Permits) [AMENDED]
(a) Achieving an adequate harvest of antlerless deer game species is widely recognized as the most economical, long-term solution to reducing deeragricultural damage. Special antlerless deer permits may be made available to landowners who have documented depredation to agricultural crops (completed complaint and damage investigation procedures). Each permit will allow the holder of an antlerless deer license or lifetime hunting/combination license to harvest one (1) antlerless deerspecies for which the permits are allocated for on any day during the deer season, given that method of take is currently open. Permits will be issued free of charge based on the acreage, crop planted, and amount of damage sustained. All antlerless deer wildlife harvested must be tagged immediately with the self-locking, numbered tag, and will be considered bonus deer. Except for antlerless hunt zone restrictions on the day of harvest, all other regulations pertaining to deer seasons shall apply. Permits may be used only on specific properties for which they are issued.
(b) All deerwildlife harvested under DCAP must be recorded in the record book provided. Record books and unused tags must be returned to Wildlife Division, Oklahoma Department of Wildlife Conservation, 1801 N. Lincoln Blvd. Oklahoma City, OK 73105 within 10 days following the close of the deer gun season.
[OAR Docket #26-474; filed 6-2-26]
TITLE 800. Department of Wildlife Conservation
CHAPTER 30. DEPARTMENT OF WILDLIFE LANDS MANAGEMENT
[OAR Docket #26-478]
RULEMAKING ACTION:
PERMANENT final adoption
RULES:
Subchapter 1. Use of Department Managed Lands
800:30-1-1. Purpose [AMENDED]
800:30-1-3. License requirements and Wildlife Conservation Passport [AMENDED]
800:30-1-4. Camping [AMENDED]
800:30-1-5. Vehicles [AMENDED]
800:30-1-20. Restricted public use areas [AMENDED]
800:30-1-22. Hunting equipment on Wildlife Management Areas [AMENDED]
800:30-1-23. Removing Edible Plant parts and/or fungi from Wildlife Management Areas [NEW]
Subchapter 3. Mineral Exploration and Production
800:30-3-2. General provisions [AMENDED]
800:30-3-7. Damage and use charges [AMENDED]
AUTHORITY:
Title 29 O.S., Section 3-103 (D) (4.) (8.) (15.) Section 5-401 (A), Article XXVI Section 1 and 4 of the Constitution of Oklahoma; Department of Wildlife Conservation Commission
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:
September 2, 2025
COMMENT PERIOD:
October 1, 2025 through November 7, 2025
PUBLIC HEARING:
November 6, 2025
ADOPTION:
December 9, 2025
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:
December 9, 2025
LEGISLATIVE APPROVAL:
Approved May 20, 2026, by HJR1090
LEGISLATIVE DISAPPROVAL:
N/A
APPROVED BY GOVERNORS DECLARATION:
N/A
FINAL ADOPTION:
May 20, 2026
EFFECTIVE:
July 11, 2026
SUPERSEDED EMERGENCY ACTIONS:
Superseded Rules:
Subchapter 1. Use of Department Managed Lands
800:30-1-3. License requirements and Wildlife Conservation Passport [AMENDED]
800:30-1-4. Camping [AMENDED]
800:30-1-5. Vehicles [AMENDED]
800:30-1-20. Restricted public use areas [AMENDED]
800:30-1-3. License requirements and Wildlife Conservation Passport [AMENDED]
800:30-1-4. Camping [AMENDED]
800:30-1-5. Vehicles [AMENDED]
800:30-1-20. Restricted public use areas [AMENDED]
Gubernatorial Approval:
August 5, 2025 and August 8, 2025
Register Publication:
42 Ok Reg 3610 and 43 Ok Reg 21
Docket Number:
25-662 and 25-681
INCORPORATIONS BY REFERENCE:
Incorporated Standards:
N/A
Incorporating Rules:
N/A
Availability:
N/A
GIST/ANALYSIS:
The rule change proposals for Chapter 30 Department of Wildlife Lands Management would give authority to signage posted on Wildlife Management Areas (WMA) such as road closures, temporary closures for WMA management, restricted uses, etc. Adds requirement for a non-resident game bird permit and non-resident user check-in for WMA. Adds camping, Off Highway Vehicle (OHV) use, and dog regulations for the new Herron Family Wildlife Management Area. Regulates the use of night vision, thermal devices, and Unmanned Aerial Vehicles (UAV) on WMAs. Updates rules and regulations pertaining to mineral exploration on Department land to address changing technology in oil and gas industry. Allows for multiple well sites per drilling pad at an additional fee of $5,000 per additional well. Updates pipeline rates to $100 per rod minimum for new pipeline fee. Prices will be adjusted in accordance with similar transaction assessments. Places a $30 per rod for renewal rates. Allows limited removal of portions of some plants and/or fungi for personal use during specified dates.
CONTACT PERSON:
Nels Rodefeld, Assistant Director, 405-522-6279 or Tammy St. Yves, APA Liaison, phone: 405-522-6279; 1801 N. Lincoln Blvd, Oklahoma City, Oklahoma.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF JULY 11, 2026:
SUBCHAPTER 1. USE OF DEPARTMENT MANAGED LANDS
800:30-1-1. Purpose [AMENDED]
(a) The primary objective on all lands owned or managed by the Oklahoma Department of Wildlife Conservation is the sound management and use of fish and wildlife resources resident thereon. Public use of Department lands is permitted according to the following priorities:
(1) Hunting, fishing, trapping, running dogs for sport and associated activities.
(2) Other wildlife oriented activities (nature observation or photography and conservation education).
(3) Non-wildlife related activities, when such activities do not conflict with the wildlife management objective (picnicking, hiking, backpacking, short-term camping, horseback riding).
(4) Large group activities (military training, organized trail rides).
(b) This Subchapter provides the basic use requirements for those Department controlled lands managed by the Wildlife Division of the Oklahoma Department of Wildlife Conservation. It is the responsibility of the area users to become knowledgeable of, and comply with, any additional policies, rules,or regulations applicable to specific areas,including those reflected on Department posted signs.
(c) Policies governing situations not covered under this Subchapter shall be determined by the Director or his designated representative and their decision shall be binding until such time as the Oklahoma Wildlife Conservation Commission can formulate permanent policy on the issue.
(d) Public lands not specifically listed as open are closed.
800:30-1-3. License requirements and Wildlife Conservation Passport [AMENDED]
(a) All persons carrying a firearm or bow and arrow on Department managed lands must possess a valid hunting or combination license unless exempt.
(b) Any person under the age of 14 must be immediately supervised by an adult while afield. Minors age 14-16 must be immediately supervised by an adult, unless they possess hunter safety certification.
(c) Any person entering or using land or lakes owned and designated by Commission resolution must possess a Wildlife Conservation Passport unless exempt.
(d) Any nonresident entering or using Department owned or managed lands as a WMA in pursuit of any game bird must possess a valid WMA game bird permit. The WMA game bird permit price shall be set at $100.
(e) Any nonresident must indicate their intention to access any Wildlife Management Area for any activities by checking in to an online system.
800:30-1-4. Camping [AMENDED]
(a) Camping is limited to a maximum of 16 consecutive days, and for no more than 21 days total in any 30 day period on the same WMA, except at areas open only to hunter camping for special season(s). Camping on these areas is limited to 2 days longer than the period which the camper (hunter) is authorized to hunt. Leaving a campsite unattended for a period longer than 48 hours is prohibited. Unattended camp items may be removed.
(b) Quiet shall be maintained in all camping areas between the hours of 11:00 p.m. and 7:00 a.m. Excessive noise during such times which unreasonably disturbs persons is prohibited.
(c) All dogs or other pets must be kept on a leash or otherwise confined while in a camping area.
(d) Fires shall be confined to those areas designated for camping, and shall be contained in fireplaces, fire rings, grills, or other facilities designed for this purpose. Fires shall not be left unattended and must be completely extinguished prior to departure. The burning of materials that produce toxic fumes, including but not limited to, tires and treated wood products is prohibited.
(e) No overnight camping is permitted at the following areas unless otherwise authorized by the Department:
(1) Altus-Lugert WMA.
(2) Arcadia Conservation Education Area - Any authorized camping must have education or conservation purpose.
(3) Barren Fork WMA.
(4) Broken Bow WMA.
(5) Canton WMA (waterfowl refuge portion).
(6) Cherokee (GMA portion).
(7) Dewey County WMA.
(8) Eufaula WMA
(9) Fort Gibson WMA.
(10) Gist WMA.
(11) Grady County WMA
(12) Grassy Slough WMA.
(13) Hackberry Flat (waterfowl refuge portion).
(14) Hugo WMA (waterfowl refuge portion).
(15) Major County Lands.
(16) McClellan-Kerr WMA (includes waterfowl refuge portion).
(17) McCurtain County Wilderness.
(18) Okmulgee WMA (GMA portion).
(19) Osage WMA (Western Wall Unit).
(20) Ozark Plateau WMA.
(21) Red Slough WMA.
(22) Sparrow Hawk WMA.
(23) Tenkiller WMA.
(24) Thomas A. Bamberger Sr WMA
(25) Van Osdol WMA.
(26) Washita County WMA.
(27) hitegrass Flats WMA.
(28) Wister WMA (waterfowl refuge portion).
(f) Hunter and fishermen camping is permitted only in designated camping areas at:
(19)(20) Heyburn WMA .
(20)(21) Hickory Creek WMA.
(21)(22) Hugo WMA (except waterfowl refuge portion).
(22)(23) Hulah WMA.
(23)(24) James Collins WMA.
(24)(25) Kaw WMA.
(25)(26) Lexington WMA.
(26)(27) Mountain Park WMA.
(27)(28) Okmulgee WMA (PHA portion, i.e., the area north and east of the Deep Fork River).
(28)(29) Oologah WMA
(29)(30) Optima WMA.
(30)(31) Osage WMA (Rock Creek Unit).
(31)(32) Pushmataha WMA.
(32)(33) Sandhills WMA.
(33)(34) Sandy Sanders WMA.
(34)(35) Sans Bois WMA
(35)(36) Stringtown WMA
(36)(37) Schultz WMA.
(37)(38) Skiatook WMA.
(38)(39) Texoma-Washita Arm WMA.
(39)(40) Tishomingo WMU.
(40)(41) Waurika WMA.
(41)(42) Yourman WMA.
(1) Arbuckle Springs WMA
(2) Atoka WMA (includes PHA portion).
(3) Beaver River WMA including McFarland Unit.
(4) Candy Creek WMA
(5) Canton WMA (except waterfowl refuge portion).
(6) Cherokee WMA (PHA portion).
(7) Chickasaw NRA (Arbuckle).
(8) Cimarron Bluff WMA.
(9) Cimarron Hills WMA
(10) Cooper WMA.
(11) Copan WMA.
(12) Cross Timbers WMA
(13) Drummond Flats WMA
(14) Ellis County WMA.
(15) Fobb Bottom WMA.
(16) Fort Cobb WMA.
(17) Fort Supply WMA.
(18) Hackberry Flat WMA (except waterfowl refuge portion).
(19) Herron Family WMA
(g) Hunter camping is permitted only in designated camping areas and only during specified hunting seasons at:
(1) Cookson WMA, only during open hunting seasons on the area.
(2) Ouachita WMA (Homer L. Johnston portion), only during deer and turkey seasons.
(3) John Dahl WMA, only during hunting seasons.
(4) Packsaddle WMA, only during open hunting seasons.
(5) Robbers Cave WMA, only during open deer and turkey seasons.
(6) Spavinaw Hills WMA, only during open hunting seasons on the area.
(h) Hunter and fishermen camping is permitted only within 50 yards of roads designated as open for public use at:
(1) Deep Fork WMA.
(2) Gary Sherrer WMA, only during open hunting seasons on the area.
(3) Keystone WMA.
(4) Love Valley WMA.
(5) Pine Creek WMA.
(6) Wister WMA, (except waterfowl refuge portion).
(i) Camping is permitted in accordance with U.S. Forest Service regulations at:
(1) Ouachita WMA - Le Flore Unit (Ouachita National Forest), except Homer L. Johnston Unit.
(2) Ouachita WMA - McCurtain Unit (Ouachita National Forest).
(3) Black Kettle WMA (Cibola National Forest) - Black Kettle National Grasslands.
(4) Rita Blanca WMA (Cibola National Forest) - Rita Blanca National Grasslands.
(j) Camping is permitted in designated camping areas only at McGee Creek WMA.2
800:30-1-5. Vehicles [AMENDED]
(a) Except as otherwise provided, all motorized vehicles are required to stay on roads designated as open for public or hunter use. There are no exceptions for motorcycles, four-wheel drive vehicles, snowmobiles or all terrain vehicles. Travel on roads which are gated and locked or designated as closed is prohibited, unless otherwise specified in annual regulations for nonambulatory persons holding valid permits.
(b) Vehicles registered as legal to operate on Oklahoma public roadways may be used on roads delineated as open to the public or parked on lands owned or managed by the Oklahoma Department of Wildlife Conservation, except on specified areas designated for off-road use; unless otherwise provided for nonambulatory persons holding valid permits. All vehicles used by nonambulatory permittees must conspicuously display a sticker designating the vehicle is being used by a nonambulatory permittee and motor vehicle permittees must conspicuously display a sticker designating the vehicle is being used by a motor vehicle hunt permittee. Except as otherwise provided, use of all terrain vehicles (ATV), Off-Highway vehicles (OHV), Off Road Vehicles (ORV), Utility Vehicles (UTV), and off-road motorcycles, is prohibited on all roads on lands owned or managed by the Oklahoma Department of Wildlife except those roads maintained by county commissioners.
(c) Maximum speed limit shall be 25 mph unless otherwise posted.
(d) Off-highway vehicle (OHV) use on the Ouachita WMA shall be the same as U.S. Forest Service rules and regulations for the Ouachita National Forest.
(e) Off-highway vehicle (OHV) use on the Black Kettle and Rita Blanca WMAs shall be the same as U.S. Forest Service rules and regulations for the Cibola National Forest.
(f) It shall be unlawful to operate an all-terrain vehicle (ATV) or off-road vehicle (ORV) on the Three Rivers WMA and Honobia Creek WMA except under the following restrictions:
(1) During any open deer season.
(2) Any deer hunter licensed in Oklahoma, unless otherwise exempt.
(3) Any hunter while operating an ATV/ORV shall comply with daylight fluorescent orange head and chest covering as required for hunting deer gun seasons. If a crash helmet is worn, only the fluorescent orange chest covering is required.
(4) ATV/ORV use is restricted to WMA roads that are delineated on the current Three Rivers WMA map and Honobia Creek WMA map unless otherwise closed.
(5) ATV/ORV use shall be restricted to a maximum speed of 25 mph.
(6) Operator and/or passenger under the age of 18 shall wear a crash helmet of a type which complies with standards established by C.F.R., Section 571.218.
(7) No operator of an ATV/ORV shall carry a passenger unless that ATV/ORV has been specifically designed by the manufacturer to carry passengers in addition to the operator.
(8) Leaving any ATV/ORV, treestand, or game camera unattended on the Three Rivers and Honobia Creek WMA's without the owner's name and address affixed thereto in a conspicuous manner is prohibited.
(9) Use of ATV/ORV off of delineated roads for retrieval of lawfully taken deer shall be permissible only with the following restrictions:
(A) ATV/ORV's shall not travel more than ½ mile from the nearest road.
(B) ATV/ORV's shall not cross rivers and streams unless on a road with constructed stream crossing structures.
(C) ATV/ORV's used for deer retrieval shall not be used in areas otherwise closed to the use of motor vehicles (walk-in only hunting areas, etc.)
(g) It is unlawful for any person to hunt, chase, capture, shoot, attempt to shoot, wound or kill any wildlife from a motor driven vehicle on any Department managed areas, except as provided for persons holding a nonambulatory motor vehicle hunting permit.
(h) It is unlawful for any person to transport a loaded firearm on any Department managed area. No crossbow may be transported in a motor vehicle unless uncocked or disassembled. No bow that is at full or partial draw may be transported in a motorized vehicle. In addition, no person may take, catch, capture, kill or pursue wildlife or otherwise attempt to use for any purpose a vehicle mounted spotlight or other powerful light at night for any purpose on Department managed lands, except as otherwise provided for hunting of furbearers and predators, taking of frogs, or for navigational purposes while in a water conveyance.
(i) Grassy Slough WMA, Hackberry Flat WMA, Mountain Park WDU, Red Slough WMA, Tishomingo WMU, Walker Creek WDU, Washita Arm WDU, Waurika WDU and Whitegrass Flats WMA are closed to all air driven water craft.
(j) It shall be unlawful for any person to use, transport, park, or unload any personal watercraft within the land and/or water boundaries of the Fort Gibson Wildlife Management Area.
(k) Air drive water craft use on the Tishomingo National Wildlife Refuge shall be the same as U.S. Fish and Wildlife Service rules and regulations.
(l) It shall be unlawful to operate an all-terrain vehicle (ATV), off road vehicle (ORV), utility terrain vehicle (UTV) on the Herron Family WMA except under the following restrictions:
(1) Only current Oklahoma residents with a land access permit, unless otherwise exempt.
(2) Any Oklahoma resident licensed deer hunter, unless otherwise exempt.
(3) Any hunter while operating an ATV/ORV/UTV shall comply with daylight fluorescent orange head and chest covering as required for hunting deer gun seasons. if a crash helmet is worn, only the fluorescent orange chest covering is required.
(4) ATV/ORV/UTV use shall be restricted to a maximum of 25 mph.
(5) ATV/ORV/UTV use by land access permit holders is restricted to WMA roads that are delineated on the current Herron Family WMA map unless otherwise closed.
(6) ATV/ORV/UTV use by non-land access permit holders is restricted to WMA roads that are delineated on the current Herron Family WMA map unless otherwise closed.
(7) ATV/ORV/UTV use of delineated roads for retrieval of lawfully taken deer shall be permissible only with the following restrictions:
(A) ATV/UTV/ORV's shall not travel more than 1/2 mile from nearest road.
(B) ATV/UTV/ORV's shall not cross rivers ad streams unless on a road with constructed stream crossing structures.
(C) ATV/UTV/ORV's used for deer retrieval shall not be used in areas otherwise closed to trhe use of motor vehicles (walk-in only hunting areas, etc.)
(8) Operator and/or passenger under the age of 18 shall wear a crash helmet of a type which complies with standards established by C.F.R., Section 571.218.
(9) No operator of an ATV/UTV/ORV shall carry a passenger unless that ATV/ORV/UTV has been specifically designed by the manufacturer to carry passengers in addition to the operator
(m) Parking in any manner resulting in depriving access or egress through any gate or road is prohibited. Unlawful parking could result in towing of vehicle.
800:30-1-20. Restricted public use areas [AMENDED]
(a) The following Wildlife Management Areas are closed to all non-hunting activities except hunter camping (areas where camping is allowed) during the period October 1 - February 15: Beaver River, Beaver River - McFarland Unit, and Canton. The following Wildlife Management Areas are closed to all non-hunting activities except for hunter and/or angler camping (areas where camping is allowed) and fishing during the period of October 1 - February 15: Arbuckle Springs, Fort Supply, Lexington (Lake Dahlgren), and Okmulgee.
(b) The following Wildlife Management Areas are closed to all non-hunting activities except hunter camping (on areas where camping is allowed) during the period October 1 - January 31and spring turkey season: Atoka, Cherokee, Cookson, Cross Timbers, James Collins, McGee Creek, Osage, Pushmataha, Sans Bois and Spavinaw.
(c) Lake Dahlgren shall be closed to all other activities during Lexington Wildlife Management Area designated controlled hunt dates.
(d) The following Conservation Education Areas are closed to all non-hunting and non-fishing activities during the period of October 1 - January 15 unless authorized by ODWC; camping and fires of any kind are not permitted unless authorized by ODWC: Arcadia Conservation Education Area.
(e) The following Wildlife Management Areas are closed to the possession of a dog(s) from 1 hour before official sunrise to 1 hour after official sunset during the deer firearms, primitive, and youth seasons, except under the provision of the Americans with Disabilities Act: Herron Family WMA, Honobia Creek WMA, Pine Creek WMA, and Three Rivers WMA.
(f) Areas identified as safety zones will have restricted access and use as designated by the signs posted.
800:30-1-22. Hunting equipment on Wildlife Management Areas [AMENDED]
(b) No person shall use or possess night-vision, or thermal imaging device; or take off, operate from, or land any unmanned aerial vehicle (UAV) on Department managed lands unless otherwise exempt or with prior approval from the Director.
800:30-1-23. Removing Edible Plant parts and/or fungi from Wildlife Management Areas [NEW]
Removal of fungi and plant parts defined as fruits, nuts and berries are hereunto called edibles. Removal of edibles for personal use will be allowed on Department owned WMAs with the following provisions. Removal is only allowed during March 1 - March 15 and June 1 - August 15. Foraging is restricted to above ground activities only. There shall be a daily limit of 1 gallon of total edibles per person. Foraging agricultural crops, threatened or endangered species, and in a signed safety zone is prohibited.
SUBCHAPTER 3. MINERAL EXPLORATION AND PRODUCTION
800:30-3-2. General provisions [AMENDED]
At least 45 days prior to entering to drill or moving any equipment onto Department property the operator will:
(12) Operators working in lesser prairie chicken range will mitigate and follow conservation measures accordingly through the lesser Prairie-Chicken Range-wide Conservation Plan through the Western Association of Fish and Wildlife Agencies and the Foundation for Western Association of Fish and Wildlife Agencies.
(13)(12) Locations that are within 1,000 feet of any residence, campground, or Department facility will take noise reducing measures so noise level does not exceed 42 dBA.
(14)(13) Special Provisions for oil or gas exploration or production on Department lands having commercial or municipal fresh water production including the Garber-Wellington Aquifer drainage basin/recharge area particularly T7N, R1E, Secs. 15-22, 25-35, Cleveland County, Oklahoma.
(15)(14) If at any time the operator of a well or a pipeline changes the Department will be notified immediately and the new operator shall sign a new agreement and shall observe and fulfill all requirements and stipulations of this agreement, and shall furnish a copy of new bonds to replace the existing bonds.
(1) 1
(2) Provide the Department a copy of the approved notice of intent to drill (Corporation Commission Form 1000), an estimate of drilling time and an area plat map generally showing the proposed locations and dimension of the:
(A) Roads.
(B) Drilling Pad.
(C) Service Area (including pumps, flowlines, separator, meter house, pulsation bottle, compressor, storage tanks and water tanks).
(D) Estimate of damage area, including cut and fill around the location.
(3) Obtain approval from the Oklahoma Archeological Survey Office (OASO) and State Historic Preservation Office (SHPO). Written approval from the OASO and SHPO must be provided to the Department before any type of soil disturbance is allowed.
(4) Enter into a written surface contract agreement on forms as provided by the Department, [52 O.S., Section 318.2 - 318.9], sign a letter of stipulation and remit payment for damage and usage. Predetermined surface damages shall be paid to the Department under the surface contract agreement prior to beginning of any work activity. If additional damage and usage is determined by the Department after completion of proposed project, additional charges will be imposed. Activity that impacts merchantable timber will be considered as part of damages.
(5) Provide the Department a list of the names, addresses and telephone numbers of responsible personnel involved with the drilling, subsequent operation and restoration.
(6) At no time will personnel involved in oil and gas activities (except authorized security personnel) be permitted to carry firearms or other hunting, trapping, or fishing tackle or equipment onto an area unless the equipment is appropriate to a season open on the area at the time and the individual(s) would otherwise be authorized to hunt/fish and in possession of the appropriate license(s) or proof(s) of exemption appropriate for the season as stated in the Oklahoma Hunting/Fishing Regulation Guide booklet, published by ODWC. Well sites and/or lease roads may not be used as access points for recreational activity(ies) on wildlife management areas unless they are open to the public.
(7) Oil and gas activities will be avoided in or near any previously identified fragile or unique areas. However, fragile or unique areas will not preclude utilization if damage to said fragile or unique areas can be prevented. Examples of fragile and unique areas include but are not limited to:
(A) Red-cockaded woodpecker colonies.
(B) Potential red-cockaded woodpecker restoration sites.
(C) Fragile environments such as natural lakes and bogs.
(D) Turkey roosts.
(E) Wetlands.
(F) Wintering bald eagle roost.
(G) Populations of endangered plants.
(H) Prairie chicken leks.
(I) Highly erodible soils.
(J) Prairie dog colonies.
(K) Bald eagle nests.
(L) Nesting birds.
(8) Exploration may proceed if directional drilling from adjacent areas is feasible. On Department owned leases, such areas shall be identified prior to leasing and any area with substantial quantities of such habitats will not be leased for drilling.
(9) All oil and gas construction, development and/or well reworking and servicing is extremely undesirable during high public access periods, unless otherwise approved by the Department. Routine checking or trucking will be strongly discouraged during the time from two hours before sunset to two hours after sunrise.
(10) Oil and gas exploration and development activities will not prevent hunters and anglers from using wildlife resources or from freely pursuing their activities in the Wildlife Management Area.
(11) Flaring requirement - Flaring devices shall have a shielding device attached in such manner that the light created by the burning gases produced from a well on Oklahoma Department of Wildlife Conservation lands is not visible at a distance greater than 200 feet at night to reduce potential negative impacts on nocturnal insects and any avian and mammalian nocturnal flying animals that may forage upon insects drawn to light.
(A) No oil, gas or disposal well shall be drilled, operated, or maintained, nor shall any operation in connection therewith be carried on or conducted within three hundred (300) feet of any producing freshwater well.
(B) Domestic and public water supply wells located within a radius of one-half (1/2) mile of any oil/gas, enhanced recovery, injection, or disposal well shall be tested prior to beginning drilling, injection, or disposal and thereafter annually for the presence of deleterious substances. Such testing is the responsibility of the permittee and, at the permittee's expense, to be conducted by a person approved by the Department and Domestic or Public Water Supply well owner. The Department and water well owners shall be notified forty-eight (48) hours in advance of such testing and may be present therefore. Test results shall be filed with the Department and water well owner's upon completion.
(C) Casing.
(i) Suitable and sufficient surface casing or a stage collar shall be installed to a depth of at least two hundred (200) feet below treatable water strata encountered in the well, and the annular space behind the casing shall be filled with cement from the base of the surface casing, or from the stage collar, to the surface of the ground, by either pump and plug method or by the displacement method. No further drilling shall be accomplished until the cement has set for at last eight (8) hours. No braden head cement job shall be performed between the surface casing and any other casing string except by special order of the Corporation Commission.
(ii) Production casing of a size not less than four and one-half (4 ½) inches outside diameter, in good condition, shall be set no higher than the top of the producing formation and cemented with a sufficient amount of cement to obtain a minimum of five hundred (500) feet of annular fill-up above the casing.
(iii) The casing shall be tested before drilling the cement plug, at a minimum pressure of one thousand (1,000) pounds per square inch held for one (1) hour. Whenever the pressure drops five (5) percent within the hour, the casing will be deemed inadequate and shall be repaired and retested until the requirements hereof are met.
(iv) Permittee shall provide documentation to the Department showing the results of the casing pressure test. The test results shall be filed with the Department upon completion of such test. The Department shall be notified in advance of the casing pressure test to enable a Department Representative to be present.
(v) Rupture in surface casing: In the event a rupture, break or opening occurs in the surface production casing, the permittee or the operator or drilling contractor shall take immediate action to repair it, and shall report the incident to the Department promptly.
800:30-3-7. Damage and use charges [AMENDED]
Minimum damage and use charges for mineral exploration and production are as follows:
(B)(C) $15,000 per acre of cut from highly erodible soil.
(1) Monitoring Fee: $1,000.00. The monitoring fee is per project (surface location, pipeline, road and electric).The biologist oversees the project from start to finish from working with the operator to find a location or route agreeable to the Operator and the Department to project completion and removal of equipment and compliance.
(2) Oil or gas well location:
(A) $10,000.00 per acre for a single well location site.
(B) Additional well can be added to a site for $5,000 a well within the existing footprint.
(3) Pipelines:
(A) A minimum of $100.00 per rod for buried pipeline for gas or freshwater. No lines will be buried less than 36 inches below ground level. Price will be adjusted in accordance with similar transaction assessments.
(B) $100.00 per rod for right-of-way if buried gas line is to be of any Hi-Tech Poly Propylene materials. No lines will be buried less than 36 inches below ground level.
(C) $100.00 per rod for buried pipeline for oil or salt water.
(D) Pipelines placed upon the surface will not be allowed, except temporary fresh water lines during drilling or well servicing - $1,000.00 per mile. Above ground Hi-Tech Poly Propylene gas lines may be temporarily used to test a well and to bring it into full production. These temporary above ground Poly Propylene lines may be used to test or flow a well for no more than 60 days. Rates for above ground lines are $1,000.00 per mile.
(E) Renewed at a rate of $30/rod and will need to provide certified plat on record with the current easment.
(4) Power lines:
(A) $10,000.00 per acre for above ground electric lines if approved.
(B) $3,500.00 per acre for buried electric lines.
(5) Seismograph:
(A) $15.00 per acre for all Seismograph activity, including but not limited to the following methods: Shot Hole, Mini-Hole, Hydropulse, and Vibrosies. Charges based on quarter section legals.
(B) On lands where the Department owns mineral interest, a Mineral Bonus will be assessed. The Mineral Bonus will be based on a two year average for that county, provided by the Commissioners of the Land Office.
(6) Tank batteries, lact unit, separators:
(A) $10,000.00 per acre if location is different from well.
(B) $500.00 per acre if at same location as well.
(7) Use of water out of ponds, lakes or existing wells if approved. Water will be charged at the market value.
(8) Drilling water well if approved: $1,000.00.
(9) Roadways:
(A) $10,000.00 per acre if new road.
(B) Pipelines and electric lines proposed in new or existing roadways will be subject to corresponding damage and use charges.
(10) Tree damage or removal:
(A) Trees at 1<4" dbh size will be valued at $0.50 each
(B) Trees at 4<6" dbh size will be valued at $1.00 each
(C) Trees at 6<0" dbh size will be valued at $4.00 each
(D) Trees at >10" dbh size will be valued at $25.00 each
(E) Trees at Den tree size will be valued at $125.00 each
(11) If any oil or gas activity damages Department crops, wildlife or improvements, such damage will be taken into consideration and will be in addition to the minimum charges listed above in 1-10 of this Subsection.
(12) Crop damage: Any oil or gas activity resulting in damages to a Department agriculture or grazing lease must be negotiated separately with the lessee. All negotiations must be completed prior to beginning any work activity. The Department will provide the name and a contact number for any lessees involved.
(13) Oil and Gas Leases: Actual cost for advertising fees will be billed to the requesting entity.
[OAR Docket #26-478; filed 6-2-26]
Executive Orders
As required by 75 O.S., Sections 255 and 256, Executive Orders issued by the Governor of Oklahoma are published in both the Oklahoma Register and the Oklahoma Administrative Code. Executive Orders are codified in Title 1 of the Oklahoma Administrative Code
Pursuant to 75 O.S., Section 256(B)(3), "Executive Orders of previous gubernatorial administrations shall terminate ninety (90) alendar days following the inauguration of the next Governor unless otherwise terminated or continued during that time by Executive Order."
Pursuant to 75 O.S., Section 256(B)(3), "Executive Orders of previous gubernatorial administrations shall terminate ninety (90) alendar days following the inauguration of the next Governor unless otherwise terminated or continued during that time by Executive Order."
TITLE 1. EXECUTIVE ORDERS
1:2026-21.
EXECUTIVE ORDER 2026-21
WHEREAS, every child in Oklahoma deserves the opportunity to grow up with stability, dignity, and a meaningful chance to pursue the American Dream;
WHEREAS, children in the legal custody of the State of Oklahoma are among the children most in need of strong support, responsible stewardship, and long-term planning for their future;
WHEREAS, on November 13, 2025, President Donald J. Trump issued an Executive Order entitled “Fostering the Future for American Children and Families,” recognizing the need to provide young Americans in or transitioning out of the foster care system with the tools they need to become successful adults;
WHEREAS, President Trump’s Executive Order directs federal action to strengthen the child welfare system, expand public-private partnerships, increase access to education and employment opportunities, and promote financial literacy and self-sufficiency for youth in or transitioning out of foster care;
WHEREAS, in my State of the State address, I called for the creation of Oklahoma Dream Accounts, and the Oklahoma Legislature responded by passing the Oklahoma Dream Accounts Investment Program Act (HB 4071), creating the Oklahoma Dream Accounts Investment Program and authorizing the State Treasurer to make a one-time state contribution into the federally authorized Trump Account of each eligible Oklahoma child;
WHEREAS, some children in the legal custody of the Oklahoma Department of Human Services (“DHS”) receive, or may be eligible to receive survivor benefits administered by the Social Security Administration (SSA), Department of Veterans Affairs (VA), and/or Railroad Retirement Board (RRB);
WHEREAS, these federal survivor benefits are intended for the child and should be protected, conserved, and used in a manner that advances the child’s best interests, unmet needs, stability, and transition into adulthood;
WHEREAS, it is in the best interest of children in state custody that DHS identify available federal survivor benefits, preserve those benefits when appropriate, provide transparency regarding the use and conservation of those funds, and prepare youth for financial independence;
WHEREAS, federally authorized Trump Accounts, in conjunction with the Oklahoma Dream Accounts Investment Program Act, provide eligible children with additional long-term resources to pursue education, career training, homeownership, entrepreneurship, or other lawful opportunities as they enter adulthood; and
WHEREAS, DHS shall act promptly to coordinate with the federal government, other state agencies, and any other necessary parties to ensure that children in foster care are included in the implementation of federally authorized Trump Accounts and the Oklahoma Dream Accounts Investment Program Act.
NOW, THEREFORE, I, J. KEVIN STITT, Governor of the State of Oklahoma, pursuant to the powers vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution and to the fullest extent permitted by law, do hereby order the following:
1. DHS shall take appropriate steps to screen every child currently in the legal custody of the Department, and every child entering the legal custody of the Department, to determine whether the child receives, or may be eligible to receive, federal benefits, including but not limited to benefits administered by the SSA, the VA, the RRB, or any other federal agency.
2. Upon determining that a child in the legal custody of DHS may be eligible to receive federal benefits, DHS shall take appropriate steps to ensure that an application is filed on behalf of the child or that an appropriate person or entity is identified to file the application on behalf of the child.
3. DHS shall develop policies and procedures to identify, whenever appropriate, a representative payee who is independent of the Department and capable of managing the child’s benefits in the child’s best interests. If no appropriate independent representative payee is identified, DHS may apply to serve as representative payee when necessary to protect the child’s interests.
4. DHS shall not use a child’s federal survivor benefits to reimburse itself, the State of Oklahoma, or any contractor for the ordinary cost of the child’s care or maintenance while the child is in the legal custody of the Department, except to the extent expressly required by federal law, court order, or other binding legal authority.
5. When DHS serves as representative payee or otherwise manages a child’s federal survivor benefits, the Department shall select an account or savings vehicle that best preserves the child’s funds, protects the child’s eligibility for other benefits and services, and serves the child’s long-term interests. Appropriate vehicles may include, but are not limited to, ABLE accounts, personal needs accounts, trust-style savings vehicles, or other lawful accounts suitable for the child’s circumstances.
6. DHS shall review each child in its legal custody to determine whether the child may be eligible for a federally authorized Trump Account, an Oklahoma Dream Account contribution under HB 4071, or any related federal or state contribution. For any child who may be eligible, DHS shall take appropriate steps to facilitate the creation, verification, or funding of such an account.
7. DHS shall, to the extent such information is available to it, provide each child receiving federal survivor benefits with an annual accounting detailing the use, conservation, and balance of the funds in any such account.
General Provisions
1. If any provision of this Executive Order, or the application of any provisions to any person or circumstance, is held to be invalid, the remainder of this Executive Order and the applicability of its other provisions to any persons or circumstances shall not be affected thereby.
2. All executive branch agencies shall cooperate with DHS in implementing this Executive Order.
3. This Executive Order shall be distributed to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, all cabinet secretaries, and all agency heads.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 4th day of June, 2026.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Benjamin Lepak
Secretary of State
[OAR Docket #26-506; filed 6-4-26]
TITLE 1. EXECUTIVE ORDERS
1:2026-22.
EXECUTIVE ORDER 2026-22
I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution, hereby declare the following:
1. Dangerous flooding and severe weather beginning Saturday, June 6 has caused damage to public and private properties within the State of Oklahoma; and said damages have caused an undue hardship on the citizens of this State.
2. It may be necessary to provide for the rendering of mutual assistance among the State and political subdivisions of the State with respect to carrying out disaster emergency functions during the continuance of the State emergency pursuant to the provisions of the Oklahoma Emergency Management Act of 2003.
3. There is hereby declared a disaster emergency caused by dangerous flooding and severe weather in the State of Oklahoma that threatens the lives and property of the people of this State and the public's peace, health, and safety. The counties included in this declaration are:
Creek, Okfuskee, and Tulsa counties
4. The State Emergency Operations Plan has been activated and resources of all State departments and agencies available to meet this emergency are hereby committed to the reasonable extent necessary to protect lives and to prevent, minimize, and repair injury and damage. These efforts shall be coordinated by the Director of the Department of Emergency Management with comparable functions of the federal government and political subdivisions of the State.
5. This Executive Order shall terminate at the end of thirty (30) days.
Copies of this Executive Order shall be distributed to the Director of Emergency Management who shall cause the provisions of this Order to be implemented by all appropriate agencies of State government.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 7th day of June, 2026.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Benjamin Lepak
Secretary of State
[OAR Docket #26-519; filed 6-8-26]