Effective May 17, 2010
|245:2-1-14||Filing and disposition of petitions for declaratory rulings|
|245:2-1-15||Request for promulgation, amendment, or repeal of rules|
|245:2-1-16||National Council of Examiners for Engineering and Surveying|
|245:2-1-18||Fees and penalties|
All inactive licensees and Certificates of Authorization files and records over three (3) years old may be microfilmed or imaged and disposed of according to the current State law and Archives and Records Commission Rules. Files and records containing violations and penalties over ten (10) years old may be microfilmed or imaged and disposed of according to the current State law and Archives and Records Commission Rules.
Public records of the Board are open for public inspection and copying at any time during normal business hours. A nominal fee shall be charged for copying. If extensive and time consuming copying or record searches are required, the person requiring such information or copying must supply personnel acceptable to Board staff, to do the tasks required, under the supervision of the Board staff. All records copied or searched shall be kept in the order found and shall be put back in the files as such. Costs incurred by the Board shall be paid by the person requiring such information or copying.
(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, 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.
(a) Any person may file a request for a declaratory ruling by the Board as to the application or enforcement of any Rule or Statute to a given set of circumstances. Such request shall be in writing, signed by a person seeking the ruling, state the Rule or Statute involved and contain a brief and concise statement of facts to which the ruling shall apply. Requests shall be submitted to the Board at its office, either in person, by mail, or electronic media and may be in any form. The Board will consider the request at its next regular or special meeting unless the question has been resolved by prior ruling of the Board, in which event the petitioner shall be promptly notified of the prior ruling.
(b) The Board may defer action or hold such request on its agenda pending any investigation or hearing which the Board might conduct. The Board shall issue the requested rulings promptly upon the determination thereof or send an explanation to the petitioner stating why a ruling will not be issued. Unless a ruling states otherwise, rulings contemplated herein shall constitute precedent for the purpose of the Board's application and enforcement of the Rules in this Chapter and Statutes until revoked or overruled by the Board or the Courts. Such rulings shall be indexed by Statute section or Rule and shall be available for inspection by members of the public at the Board office. With respect to indexed rulings, the Board may delete nonessential and repetitive information and may edit any ruling to protect proprietary or confidential information.
(a) Any interested person may request the Board to promulgate, amend, or repeal a rule. Such request must be in writing and must state the reasons supporting the proposed rule, amendment or repeal. The request must also state whether the proposal conflicts with any existing rule. Further, the request must state what statutory provisions, if any, are involved. The request must be signed by the requester.
(b) These requests must be submitted to the Board's office, either in person or by mail. Requests may be considered by the Board at its next regular meeting or may be continued to a subsequent meeting for further consideration. Upon this preliminary consideration, if the Board approved the proposed change, notice will be given to requester that the proposed rule, amendment or repeal will be formally considered for adoption at a subsequent Board meeting. If, however, the Board initially determines that the proposed rule, amendment or repeal is not necessary, the request will be denied. This denial will be recorded in the regular minutes of the Board.
The Board shall maintain membership in the National Council of Examiners for Engineering and Surveying (NCEES). At the National and Zone annual meetings, the Board may be represented by one or more members of the Board, Executive Director and/or Principal Assistant, and others whom the Board may designate.
Any part of the Rules in this Chapter, found by a Court or the Attorney General to be inconsistent with the provisions thereof as presently exist or are hereafter amended, shall be interpreted so as to comply with such Statutes as they presently exist or are hereafter amended and the partial or total invalidity of any section or sections of these Rules shall not affect its valid sections. These Rules go through the legislative process, thereby giving them the same effect as law.
When a Statute or a part of a Statute is found to be in conflict or inconsistent with the provisions of 59 O.S., Sections 475.1 et seq. or the Rules in Chapters 2 or 15 as promulgated by the Board or the Administrative Procedures Act, 75 O.S. Sections 301 et seq., the provisions of 59 O.S., Sections 475.1 et seq. and the Administrative Procedures Act shall govern.