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85:1-1-1. Purpose [Back]

This Chapter provides for organization and operations of the Department and Board, rules of practice and procedure before the Board, and definitions.

85:1-1-2. Definitions [Back]

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise. Any term used in this Title but not otherwise defined in this Title shall have the meaning provided for such term in the Code, unless the context clearly indicates otherwise.

"Applicant" means a party commencing a proceeding in the form of an application, appeal, or some other request for action or review by the Board or the Commissioner; and includes the terms "plaintiff," "appellant" and "petitioner."

"Attorney" means a licensed attorney currently admitted to practice before the Supreme Court of Oklahoma, or an attorney currently licensed to practice in another state who is granted permission to appear in a proceeding in this state. No attorney not currently licensed to practice in Oklahoma shall be permitted to appear except in association with an attorney so licensed to practice in Oklahoma, who shall also appear in the proceeding. An attorney licensed to practice in a state permitting attorneys of this state to practice before its state courts without local counsel may appear without association of local counsel.

"Board" means the Oklahoma Banking Board.

"Code" means the Oklahoma Banking Code, found at Title 6 Okla. Stat. section 101 et seq.

"Commissioner" means the Oklahoma Bank Commissioner.

"Complaint" means a notice to the Commissioner regarding an alleged violation of state or federal law committed by an institution, company, or person under the jurisdiction of the Department.

"Department" means the Oklahoma State Banking Department.

"Intervenor" means a party not an applicant or named respondent who obtains permission to enter the proceeding. An intervenor opposing an application will thereafter be deemed a respondent.

"Order" means that which is required or ordered to be done, or not to be done, and shall be generally reserved for the requirement or directive portion of an official order or decisions of a proceeding; or the promulgation of rules, regulations, and requirements in matters in which the Board or Commissioner acts.

"Party" means a party of record, and every other party having an interest in the subject matter, and entitled to appear therein as a party of record. "Party of record" includes any party named a party in a pleading, or who makes formal appearance either in person or by an attorney at any stage of the proceeding whether or not seeking affirmative relief.

"Protestant" means a party who, upon grounds of private or public interest, resists an application or any relief sought thereby. A protestant is governed by the rules applicable to a respondent.

"Record" or "Formal record" of any proceeding shall consist of the following where offered at the hearing, whether or not received:

(A) Preliminary exhibits, including pertinent pleadings, notices and proof of publication.

(B) Transcript of proceedings at all hearings.

(D) Exhibits, together with attachments, appendices and amendments thereto.

(E) Exceptions and motions subsequent to the hearing.

(F) Orders or recommendations of the Board or Commissioner, together with findings of fact and conclusions of law.

(G) Any other instruments or matters relevant to the issues that the Board or Commissioner may order included in the record.

"Respondent" means a party against whom relief is sought in a proceeding, or who appears in opposition to relief sought by the applicant, and includes the term "Defendant". An institution, company, or person named in a complaint shall also be considered a respondent for purposes of the complaint.

85:1-1-3. Statutory citations [Back]

Citations to statutes in these rules refer to the most recent codification of the statute.

85:1-1-4. Operation and Location of the Board and Department [Back]

(a) The principal office of the Oklahoma Banking Board is located at 2900 North Lincoln Boulevard, Oklahoma City, Oklahoma 73105.

(b) Office hours of the Department shall be established by the Commissioner and shall begin no later than 8:30 a.m. and shall end no earlier than 4:30 p.m., except Saturdays, Sundays, holidays, and any day on which state offices are otherwise closed.

(c) The Board, or any official exercising its authority, may meet and exercise its official powers and functions at any location in the State of Oklahoma.

85:1-1-5. Communication with the Board and Commissioner [Back]

(a) Every communication in writing to the Board shall be addressed to the Commissioner at the principal office, unless the Board directs otherwise.

(b) Every pleading and other document tendered for official filing shall be deposited with or mailed to the Commissioner at the principal office, and shall be deemed received only upon actual delivery at the office of the Commissioner.

85:1-1-6. Requests for Information

(a) The records of the Department are subject to review only as provided in the Code and the Oklahoma Open Records Act. Requests for information shall be accompanied by a Request for Records form prescribed by the Commissioner, which shall identify the name, address and telephone number of the person requesting the information and the specific information or types of information requested. The person requesting to inspect or receive copies of records shall state whether the records are being viewed or requested for a personal, business or commercial reason.

(b) All requests for information must be submitted to the principal office of the Department. Records of the Department will be available to the public for inspection only during regular office hours.

(c) No original records shall be removed from the Department. A charge for copies may be made in accordance with the Open Records Act and the provisions of this title or the Code.