The rules in this Chapter provide guidelines and procedures for proceedings before the Savings & Loan Board and before other tribunals which involve savings and loan associations or their records, as well as providing definitions for use in this Chapter and in "the Code".

85:25-1-2. Definitions and references to statutes [Back]

As used in this Chapter, reference to all definitions set forth in the Code are hereby adopted as definitions applicable to this Chapter. The following words and terms when used in this Chapter shall have the following meaning, except where the context clearly indicates otherwise:

"Administrative Procedures Act" means Title 75, Chapter 8, Section 301 to 325, Oklahoma Statutes Annotated, as the same now exists or may be amended.

"Applicant" means a party commencing a proceeding either in the form of an Application or Complaint; and includes the terms "plaintiff", "complainant" and "petitioner".

"Association" means a savings and loan association and shall be understood to also include savings banks.

"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 who is 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" and "Commissioner" means respectively the Oklahoma State Savings and Loan Board and the Oklahoma Bank Commissioner, who presides as Chairman of the Board.

"The Code" means the Oklahoma Savings and Loan Code of 1970, 18 O.S. §381.1, et seq. as has been amended or may hereafter be amended.

"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 any other party deemed by the Commissioner to have 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, after being deemed interested by the Commissioner, 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" means any proceeding which shall consist of:

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

(B) Transcript of proceedings at all hearings.

(C) Depositions, stipulations, interrogatories and answers, written testimony, offers of proof, and similar matters.

(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) The Board or Commissioner may order included in the record any other instruments or matters relevant to issues.

"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".

85:25-1-3. General procedures [Back]

(a) The principal office of the Oklahoma Savings and Loan Board shall be located in the office of the Oklahoma State Banking Department.

(b) 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.

(c) Every communication in writing to the Board shall be addressed to the Commissioner at the principal office, unless the Board directs otherwise. 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. Filing of any instrument shall not be complete except upon payment of all applicable fees required. All filings shall consist of five copies.

(d) A representative of a savings & loan seeking affirmative relief must be present at the Board meeting where the Board will hear the request.

85:25-1-4. Record of proceedings [Back]

The Commissioner may, in his discretion, or shall at the request of a party, cause a record to be made of an individual proceeding before the Board or Commissioner. A transcript of proceedings will be made at the request and expense of any party ordering it; however, two copies shall be furnished to the Department at Appellant's expense in cases in which the Commissioner's or Board's decision is appealed.

85:1-1-5. Service of pleadings [Back]

(a) Service of an initial pleading. Every application in which a party is named a respondent, and every complaint, shall be served by the State Banking Department on each respondent named therein by mail accompanied by a notice of hearing stating the date on which the cause is set for hearing, which shall be no less than ten (10) days after notice is mailed. Service hereunder shall be required in addition to provisions of this Chapter requiring service by publication.

(b) Service of subsequent pleadings. Every pleading after the initial pleading shall be served by the party filing it by regular mail upon all parties of record. Parties of record shall include the applicant, all named respondents, and all persons having theretofore entered an appearance in the cause, in person or by an attorney.

(c) Certificate of service. Every pleading required to be served by regular mail shall contain a list of persons served and the certificate of a party or his attorney, that on the date stated a copy of the pleading was mailed, postage prepaid, or delivered, to each person listed. Any pleading required to be served by regular mail may be served by leaving a copy thereof at the principal office of the party, or of the attorney for the party.

(d) Service not jurisdictional. Service prescribed by this Chapter shall not be jurisdictional except where so prescribed by the Constitution or by Statute. Failure to comply with the provisions of this Chapter as to mailing and service of notice shall not deprive the Board or Commissioner of jurisdiction of the proceeding, but shall be grounds for appropriate relief as the Commissioner may order.

85:25-1-6. Commencement of proceeding; intervention and consolidation [Back]

(a) Every proceeding shall be commenced by an initial pleading which shall be either:

(1) an application,

(2) a complaint, or

(3) an order of the Board or Commissioner commencing a proceeding.

(b) An application shall include any request for authority, approval, determination, permission or other Board action or relief whether or not directed against a named respondent. A complaint shall include every form of request for enforcement of an order, rule or regulation of the Board or Commissioner or for relief against a named respondent based upon an alleged violation of law or of a rule, regulation or order of the Board or Commissioner.

(c) Any interested person may intervene in a proceeding before the Board or Commissioner upon making timely application and showing that he may be aggrieved by the decision. Two or more proceedings or matters may be consolidated if there is no prejudice to any person affected by such consolidation.

85:25-1-7. Notice of hearing [Back]

(a) The Commissioner shall determine the names of all interested persons who might be directly aggrieved by the determination of the Board or the Commissioner at such hearings.

(b) The Commissioner shall give written notice of hearing to such persons at least ten (10) days prior to the hearing.

(c) The Commissioner shall give any additional notice required by law and may give additional notice where he deems it advisable.

85:25-1-8. Continuances [Back]

(a) The Commissioner may continue a hearing at any time for any period, with or without notice or motion.

(b) Except for good cause shown or by agreement of all parties appearing at the hearing, no continuance will be granted upon motion of a party unless notice thereof is given to all interested parties at least three (3) days prior to the date set for hearing. A stipulation for continuance among all parties of record ordinarily will be approved unless the Commissioner determines that the public interest requires otherwise.

(c) Every continuance shall be to a day certain, and shall be made by order of the Commissioner.

85:25-1-9. Depositions and discovery [Back]

(a) Depositions.

(1) Deposition of a witness may be taken pursuant to a subpoena or by agreement of the parties involved. The deposition of a witness may be taken inside or outside the State of Oklahoma with the requesting party bearing the cost of the court reporter.

(2) The manner of taking deposition and the use thereof shall otherwise be governed by the laws relating to taking of depositions for use in the District Courts of Oklahoma.

(b) Production of documents.

(1) Upon application of a party, or upon the Commissioner's own motion, with or without notice, the Commissioner may make an Order requiring a party to produce designated documents or tangible objects for inspection by parties to the proceeding, or for copying at the expense of the applicant, or to be offered in evidence. The Order shall direct production thereof at the hearing, or at a pre-hearing conference and production shall be at the principal office of the Board, unless some other place is stated in the order. An order hereunder may be directed to a party not yet a party of record, conditioned that if such party appears at the hearing, the Order thereupon will be complied with.

(2) The party applying therefore shall mail a copy of the Order by regular mail on each party of record at least seven (7) days prior to the date upon which production is required.

(3) An Order pursuant to this Section may require production of any document not privileged which constitutes or contains evidence relevant to the subject matter of the proceeding, or may reasonably lead to such evidence. Business records shall not be deemed privileged as such; but confidential business records and information will be protected from disclosure except where directly relevant to the issues in the proceedings.

(4) The Order shall identify the document or object to be produced individually or by categories, with sufficient particularity to permit easy identification thereof by the party ordered to make production.

(5) An exact photographic copy of a document may be substituted for the original, at the expense of the person requesting the instrument.

(c) Interrogatories. Interrogatories may be submitted to a party in an individual proceeding under the same restrictions and procedures as set forth in the Oklahoma Statutes governing discovery in civil cases.

85:25-1-10. Examiner testimony [Back]

(a) Oklahoma State Banking Department examiners are prohibited from giving testimony which would disclose information obtained from confidential records as defined in 6 O.S. §208, or information obtained in the process of developing confidential records without the express permission in writing of the Commissioner.

(b) Litigants seeking to subpoena banking department examiners for depositions or hearings shall serve one copy of the subpoena upon the examiner and shall timely furnish one copy of each subpoena to the Department.

85:25-1-11. Examination report confidentiality [Back]

Examination reports are the property of the regulatory agencies which generate them. Copies are furnished to savings and loans for their confidential use. Under no circumstances shall the savings and loan or any of its directors, officers or employees disclose or make public in any manner the report or any portion thereof. If a subpoena or other legal process is received calling for production of an examination report, the Department must be notified immediately.

85:25-1-12. Pre-hearing conference [Back]

(a) The Commissioner, with or without request by any party of record, may order the parties or their attorneys to appear at a designated time for a pre-hearing conference to consider:

(1) Simplification of the issues.

(2) Presentation of issues of law, adjudication of which may simplify or eliminate issues of fact.

(3) Admissions and stipulations of fact which will avoid unnecessary evidence and testimony.

(4) Identification of documents to be offered at the hearing.

(5) Identification of and numerical limit upon experts and other witnesses.

(6) Discovery and production of documents, records, data and other information.

(7) Other matters as may aid in trial of the proceedings.

(b) Any objection or amendment to the application, notice of hearing, investigative report, any pleading or order commencing a proceeding shall be made at the pre-hearing conference. No objection or amendment will be allowed after the pre-hearing conference except upon good cause.

(c) Actions taken at the pre-hearing conference may be embodied in a preliminary order, which order shall control subsequent proceedings and shall be binding on all parties, whether or not present, unless modified to prevent manifest injustice.

(d) Notice of the time and place of a pre-hearing conference shall be as prescribed by order of the Commissioner and shall be served by regular mail upon all parties of record.

85:25-1-13. Witnesses [Back]

(a) Subpoena. The Board, upon request of a party, or upon their own motion, may issue subpoenas in any pending proceeding requiring attendance of a witness from any place in the state to the place of hearing. Praecipe for subpoena shall be filed with the Commissioner.

(b) Subpoena duces tecum. A subpoena may require the witness to produce at the hearing books, records, accounts, papers, and other instruments and tangible objects, which shall be described with reasonable particularity in the subpoena. A subpoena duces tecum directed to a party not an individual may direct that the records be produced by an officer or employee responsible therefor.

(c) Service of subpoena. A subpoena may be served by a law enforcement officer, by an attorney, or by any other person competent to make an oath; and the person serving the same shall attach his affidavit of the person served, and time and manner of service. Service also may be made in any other manner provided by law.

(d) Return. The original subpoena, with the affidavit of service thereon, shall be filed with the Commissioner.

(e) Protective orders. The Commissioner may make any orders with respect to subpoena and attendance of witness with or without application or notice, as may be appropriate for the protection of parties and witnesses, including an Order excusing attendance, or limiting documents to be produced.

85:25-1-14. Hearings [Back]

(a) Rules of evidence. At such hearings, the rules of evidence set forth in the Oklahoma Evidence Code shall apply and the hearing shall be conducted in accordance with the Oklahoma Evidence Code relating to hearings therein provided, insofar as may be practicable.

(b) Order of proof. The applicant or complainant who institutes a proceeding shall open and close the proof. Intervenors shall be heard immediately following principal parties with whom allied in interest. In all other cases, the presiding officer shall designate the order of proof.

(c) Adverse party. A party may call an adverse party or an officer or employee of an adverse party, in which case the witness may be impeached and otherwise cross-examined.

(d) Off the record. All testimony will be taken on the record unless the presiding officer designates otherwise.

(e) Documents. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon requests, parties shall be given an opportunity to compare the copy with the original.

(f) Examination of witness. The Commissioner shall designate the order of examination and may limit the scope of examination and cross-examination.

85:25-1-15. Description of Board organization and operations [Back]

The Oklahoma Savings and Loan Board exists under the provisions of the Code, and is composed of the Commissioner as ex officio chairman, and four other members, including a lay member, appointed by the Governor with the consent of the State Senate. A secretary to the Board may be appointed by the Commissioner. The Board has general supervision and control over all Oklahoma associations and the activities of foreign associations within the State of Oklahoma, with power to grant or refuse permission to any association to do business in the State, and with authority to prescribe rules and regulations for the conduct and operation of Oklahoma and foreign associations within the State of Oklahoma. Meetings of the Board are held quarterly at the State Banking Department, and special meetings may be called at any time by the Commissioner. Requests for information and all applications, petitions or requests for Board action shall be filed in the office of the Bank Commissioner.

85:25-1-16. Petition for promulgation, amendment or repeal of a rule [Back]

(a) Every petition by an interested person or persons requesting the Board to promulgate, amend or repeal a Board Rule shall state in clear language the proposed rule, amendment or repeal desired, and the reasons for such proposal.

(b) All such requests from insured associations shall be accompanied by an opinion of the association's counsel that the action requested is in conformity with the Oklahoma State Statutes, rules and regulations of the Savings and Loan Board, rules and regulations of the Federal Savings and Loan Insurance Corporation, and the rules and regulations of the Federal Home Loan Bank Board.

(c) If the Board deems the petition to be meritorious, it will consider the request at its next meeting.

(d) If the decision of the Board is in favor of the petition,it will, within a reasonable time thereafter, give statutory notice of the proposed rule, amendment or repeal, and will follow the procedure set forth in the Administrative Procedures Act for the adoption, amendment or repeal of a rule.

(e) The Board will summarily reject any petition deemed to have no merit or to be trivial.

85:25-1-17. Hearing on the removal of an officer, director or employee [Back]

Any proposed removal by the Commissioner of an officer, director, or employee of a savings and loan association pursuant to Section 381.78 of the Code shall be treated as an individual proceeding subject to the notice and hearing requirements of the Administrative Procedures Act.