This chapter provides for operations of the Board, release of public information, rules of practice and procedure before the Board and definitions.

180:1-1-2. Definitions [Back]

The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise.  Any term used in this chapter but not otherwise defined in this chapter shall have the meaning provided for such term in the Act, unless the context clearly indicates otherwise.

"Act" means the Oklahoma Credit Union Act (6 O.S., §2001 et seq.).

"Administrative Procedures Act" means the Administrative Procedures Act of Oklahoma (75 O.S. § 301 et seq.).

"Applicant" means a party commencing a proceeding in the form of an Application 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 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" means the Oklahoma State Credit Union Board.

"Commissioner" means the Oklahoma Bank Commissioner, who presides as Chairman of the Board.

"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.

"Credit union" means a credit union organized under the laws of Oklahoma.

"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", as used in this chapter, means a party of record and every other party having interest in the subject matter, and entitled to appear therein as a party of record.

"Party of record" means 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.

(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) 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.

180:1-1-3. General powers of the Commissioner and Board [Back]

(a) The Commissioner shall be the chief administrative officer of the Board. The Commissioner and his staff shall execute the rules, regulations, orders, decisions and policies of the Board. The Commissioner and his staff shall perform and carry out the clerical duties of the Board, under the direction and supervision of the Board.

(b) The Commissioner shall issue certificates to engage in business as a credit union upon authority of the Board and in compliance with Section 2002 and Section 2003 of the Act.

(c) The Commissioner shall investigate and examine credit unions as required by the Act and shall require reports, impose penalties and enforce the provisions of Section 2008 of the Act.

(d) The Board will from time to time adopt rules, conduct individual proceedings and enter orders as defined in the Administrative Procedures Act and in accordance with the provisions thereof.

180:1-1-4. Requests for Information [Back]

(a) The records of the Department are subject to review only as provided in the Act, rules of the Board, 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) Examination reports are the property of the regulatory agencies that generate them and no part of such reports shall ever be considered public record. Copies are furnished to credit unions for their confidential use. Under no circumstances shall a credit union 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.

(c) 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.

(d) 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 Act.