£*-«*_>•— r—

'.- -*•** c*> 22 o -o THE OKLAHOMA GAZETTE 3i ST -2 «-=

Volume 21, Number 15 Monday, August 2, 1982 m _2 CO z o Oliver Delaney, Editor CO w *f-.

This publication is printed and issued by the SI Oklahoma Department of Libraries as authorized co by 75 O.S. 1981, § 255. 600 copies have been printed and distributed at a cost of $1,311.68.

IN THIS ISSUE

NOTICES Department of Health Page 2005 Department of Mines Page 2006 Board of Vo-Tech Education Page 2007 Ethics and Merit Commission Page 2007 Board of Education Pages 2008-2009 Board of Regents of the University of Oklahoma Pages 2010-2041

EMERGENCY RULES AND REGULATIONS Board of Chiropractic Examiners Page 2042 Ethics and Merit Commission Pages 2043-2050 Fire Marshal Commission Page 2051 Commissioners of the Land Office Pages 2052-2081 Board of Education Pages 2082-2117 Board of Vo-Tech Education Pages 2118-2119

RULES AND REGULATIONS Fire Marshal Commission Page 2120 Department of Tourism and Recreation Page 2120 Department of Mental Health Pages 2120-2159

2004 NOTICES

PUBLIC HEALTH AND SAFETY

Department of Health

Notice Is hereby given that a public hearing will be held on Wednesday, September 15, 1982 at 9:30 A.M. and 7:00 P.M. in the Okla­ homa State Department of Health Plumbing Auditorium, 1000 Northeast Tenth Street, Oklahoma City, regarding amendments to Oklahoma's Pro­ ject Priority Rating System and FY-83 Project Priority List for fed­ eral funding of wastewater treatment facilities. This hearing is scheduled in accordance with federal regulations regarding construc­ tion grants for wastewater treatment works published by the Environmental Protection Agency to implement the Clean Water Act of 1977 (PL 97-117).

A copy of these proposed amendments may be viewed in the Construc­ tion Grants Division, Water Facilities Engineering Service, of the Okla­ homa State Department of Health. Additional copies will be circulated to the following sub-state planning districts, the Oklahoma Municipal League and the Office of Community Affairs and Planning.

Indian Nations Council of Governments Central Oklahoma Economic Development District ^ Oklahoma Economic Development Association Northern Oklahoma Development Association Association of South Central Oklahoma Governments South Oklahoma Development Association Northeast Counties of Oklahoma Eastern Oklahoma Development District Kiamichi Economic Development District of Oklahoma Southwestern Oklahoma Development Association Association of Central Oklahoma Governments

All interested parties are invited to attend and present their views orally or in writing.

[O.G. Register 82-390; filed July 29, 1982, 10:15 a.m.)

2005 MINES AND MINING

Department of Mines

The Oklahoma Department of Mines gives notice that a public hearing will be held to consider the forfeiture of all bonds issued to Gocat, Inc. and Manco Energy Corporation, for failure to reclaim lands disturbed during the course of surface coal mining operations.

The hearing will be held on Thursday, August 12, 2.982, at the East Central Oklahoma Electric Cooperative, on South Wood Drive, Okmulgee, beginning at 7:00 P.M. All interested persons are invited to attend and present testimony on "the stated issue. If an interested person is unable to attend the hearing, he may submit written comments to the Department. Such comments must be received no later than the close of business on August 19, 1982, at the Department of Mines, 40*10 North Lincoln, Suite 107, Oklahoma City, Oklahoma 73105

[O.G. Register 82-386; filed July 21, 1982, 10:30 a.m.)

J50G6 SCHOOLS STATE BOARD OF VO-TECH EDUCATION EMERGENCY - EDUCATION NOTICE OF MEETING

The Oklahoma State Board of Vo-Tech Education finds that an imminent peril to the public health, safety or welfare requires the emergency adoption of Amend­ ments to the State Department of Vocational and Technical Education Operating Policies, relating to the criteria for establishing area school districts.

The State Board of Vo-Tech Education does hereby give notice that a public hearing will be held at 9:35 a.m. on Wednesday, August 25, 1982, in the Oliver Hodge Education Building, Room 1-68, 2500 North Lincoln Blvd., Oklahoma City, Oklahoma, to acquire final adoption of these amended policies. This hearing is authorized by Title 75, 1971, O.S., Sees. 301-327.

Any interested person may present his views, either in writing or orally, at the aforesaid time and place. Copies are on file with the State Board of Vocational and Technical Education for public inspection.

[O.G. Register 82-397; filed July 30, 1982, 11:30 a.m.]

STATE GOVERNMENT

Ethics and Merit Commission

THE ETHICS AND MERIT COMMISSION WILL HOLD A SPECIAL MEETING ON WEDNESDAY, JULY 21, 1982, BEGINNING AT 2:00 P.M., IN ROOM NO. G-40, JIM THORPE MEMORIAL OFFICE BUILDING, STATE CAPITOL COMPLEX. OKLAHOMA CITY. OKLAHOMA. AGENDA / 1. Approval of the minutes of the July 13, 1982. meeting

2. Orientation: A) Office of Personnel Management Structure & Function - Jim Lang, Marty Irwin & Jim Howard B) Ethics and Merit Commission Structure & Function 3. Ethics and Merit Commission Personnel Committee Report /4. Criteria for Special Counsel 5. Emergency Rules Review - Marty Irwin & Jim Howard 6. New Business

[O.G. Register 82-385; filed July 20, 1982, 11.30 a.m.] 3007 SCHOOLS

STATE BOARD OF EDUCATION CORRECTION NOTICE ON RULES AND REGULATIONS

The Oklahoma State Board of Education unanimously voted to delete the portion of "High School Regula­ tions" from the Amendments to the Administrators' Handbook for Elementary, Middle, Junior High and High. Schools, Bulletin NO. 113-Y, which constitutes a change in the text since the emergency adoption at the June 24, 1982, regular meeting. The hearing was authorized by Title 75, 1971, O.S., Sees. 301- 327. Corrected copies will be filed immediately With, the Secretary of State's office. Copies are on file with the secretary of the State Board of Education and the Department of Libraries for public inspection.

[O.G. Register 82-398; filed July 30, 1982, 11:30 a.m.]

SCHOOLS

STATE BOARD OF EDUCATION EMERGENCY - EDUCATION NOTICE OF MEETING

The Oklahoma State Board of Education finds that an imminent peril to the public health, safety, or wel­ fare requires the emergency adoption of Amendments to Entry-Year Assistance Program Regulations for imple­ mentation of programs for the 1982-83 school tern, and as authorized by H.B. No. 1706.

The State Board of Education does hereby give notice that a public hearing will be held at 9i35 a.m., on Thursday, Aug. 26, JL982, in the Oliver Hodge Education Building, Room 1-68, 2500 N. Lincoln Blvd., Oklahoma City, Oklahoma, to acquire final adoption of these Amendments. This hearing is authorized by Title 75, J.971, O.S., Sees. 301-327, and will be filed immediately with, the Secretary of State's office.

Any interested person may present his views, either in writing or orally, at the aforesaid time and place. Copies are on file with the State Board of Education for public inspection.

[O.G. Register 82-399; filed July 30, 1982, 11:30 a.m.]

20GS SCHOOLS

STATE BOARD OF EDUCATION EMERGENCY - EDUCATION NOTICE OF MEETING

The Oklahoma State Board of Education finds that an imminent peril to the public health, safety, or wel­ fare requires the emergency adoption of Policies Relat­ ing to the Operation of the Curriculum Materials Revolving Fund for implementation for the 1982-83 school term. This is to be filed immediately with the Secretary of State and is effective as of July 1, 1982.

The State Board of Education does hereby give notice that a public hearing will be held at 9:40 a.m. on Thursday, Aug. 26, 1982, in the Oliver Hodge Memorial Education Building, Room 1-68, 2500 N- Lincoln, Okla­ homa City, Oklahoma, to acquire final adoption of these policies. This hearing is authorized by Title 75, 1971, O.S., Sees. 301-327.

Any interested person may present his views, either in writing or orally, at the aforesaid time and place. Copies are on file with the State Board of Education for public inspection.

[O.G. Register 82-400; filed July 30, 1982, 11:30 a.m.]

SCHOOLS

STATE BOARD OF EDUCATION EMERGENCY - EDUCATION NOTICE OF MEETING

The Oklahoma State Board of Education finds that an imminent peril to the public health, safety, or wel­ fare requires the emergency adoption of a Supplement to Chapter 2 State Guidelines and Application for imple­ mentation of programs for the 1982-83 school term. This is to be filed immediately with the Secretary of State.

The State Board of Education does hereby give notice that a public hearing will be held at 10:15 a.m. on Thursday, Aug. 26, 1982, in the Oliver Hodge Memorial Education Building, Room 1-68, 2500 N. Lincoln, Okla­ homa City, Oklahoma, to acquire final adoption of this Supplement. This hiearing is authorized by Title 75, 1371, O.S., Sees. 301-327.

Any interested person may present his views, either in writing or orally, at the aforesaid time and place. Copies are on file with the State Board of Education for public inspection.

[O.G. Register 82-401; filed July 30, 1982, 11:30 a.m.]

2069 SCHOOLS

Board of Regents of the University of Oklahoma

The Board of Regents of the University of Oklahoma does hereby give notice that on September 9, 1982, at 9:00 a.m., in Dining Rooms 1 and 2 of the Oklahoma Memorial Union, Norman, Oklahoma, it will hold a public hearing to adopt revised Student Code of Responsibility and Conduct. Any person interested may present his views, either in writing or orally, at the aforesaid time and place. A photostatic reproduction of the proposed Student Code follows:

The Student Code Of Responsibility and Conduct Table of Contents TITLE 1 Short Title 2 Student Rights, Responsibilities 3 Right of Privacy 1. Student Right of Privacy 2. Room Access 3. Inspections 4. Search and Seizure Warrants 4 Definitions 5 Student Records and Information 1. Directory Information 2. Confidential Information 3. Access to Records 4. Restrictions to Access 5. Access after Graduation or Withdrawal 6. Disciplinary records 6 Campus Expression 1. Defined / 2. Discussion and Expression 3. Picketing and Peaceful Protest 4. Speakers 5. Equipment Use in Outdoor Activities 6•Maintenance of Order 7 Publications 1. Registration of Publications 2. Conforming to Regulations 3. Use of Institution Name- 8 Distribution of Information, Solicitation, Proselytism 1. Distribution of Free Literature 2. Solicitation Limitations 3. Oklahoma Memorial Union 4. Posted Materials 5. Sound Equipment 6. Door to Door Proselytizing 7. Leeal Limitations

7.010 9 Campaign Activities 10 Student Activities 1. Student Activity Fee Funds 2. Membership in Registered Student Organizations 3. Membership Lists 4. Use of University Name 5. Registration of Student Organization 6. Use of University Facilities 11 Housing 1. University Policy 2. Special Regulations 3. Citation System 4. Private Housing 5. Summer Session Housing 6. Security Hours 7. Enforcement of Regulations 8. Guests 9. Social Events 12 UOSA General Counsel 1. Duties 2. Qualifications 3. Appointment 4. Staff 13 University Discipline System 1. Administration of System 2. Campus Disciplinary Boards 3. Campus Disciplinary Councils '4. Student Traffic Courts 14 Academic Appeals 15 University Tribunal 16 Violation in Law in University Regulations 1/Off-campus Violations 2. University Action on Violations 3. Institution Proceedings 17 Prohibited Conduct 1. Dishonesty 2. Intentional Disruption of University Activities 3. Abuse of Persons 4. Failure to Comply with Official Directions 5. Violation of Residence Hall Rules 6. Alcoholic Beverages 7. Bribery 8. Intentional Misuse of Property 9. Malicious Mischief 10.Theft 11.Littering 12.Firearms 13.Hazing 14.Unauthorized Entry 15.Narcotics and Dangerous Drugs

20X1 16.Building Defacement 17.Disturbance of Public Peace 18.Violation of University Regulations 19.Vehicle Decal Alteration 20.Payment of Debts 21.Attempts and Assisting 22.Current Address 23.Other Applicable Laws 24.Mental Harassment 25.Arson 18 Sanctions 1. Disciplinary Sanctions' 2. Presidential Sanctions 3. Records of Sanctions 19 Procedure for Amending the Student Code

APPENDIX A. Norman Campus Academic Misconduct Code B. Student Grievance Procedure C. Obligation and Collection of Student Debt D. Parking and Traffic Rules and Regulations

DIVISION OF STUDENT AFFAIRS / THE UNIVERSITY OF OKLAHOMA STUDENT CODE OF RESPONSIBILITIES AND CONDUCT FOR THE NORMAN CAMPUS

THE REGENTS OF THE UNIVERSITY OF OKLAHOMA ^

The Regents of the University of Oklahoma are charged in the Constitution of the State of Oklahoma with the government of the University of Oklahoma and nothing in this Code shall ever be construed so as to prevent the Regents from establishing or amending rules or procedures in order to fulfill such responsibility. In such an event, however, the Regents shall officially notify the Student Congress as soon as possible and seek their opinion regarding the action taken.

TITLE 1 SHORT TITLE These rules shall be known as the University of Oklahoma Student Code and shall apply to individual students, student groups, organizations, and University operated or approved living units.

5>0l2 TITLE 2 STUDENT RIGHTS AND RESPONSIBILITIES Students of the University of Oklahoma are guaranteed certain rights by the Constitutions of the United States, Oklahoma and the University of Oklahoma Student Association. Those documents are controlling and any questions of student rights must be decided on the language contained in those documents. Among other rights, the following apply: 1. The student has the right to be considered for membership in any student organization or group without regard to race, color, place of national origin, religious creed, or political belief. 2. The student has the right to petition the government for redress of grievance. 3. The student has the right to judicial due process, including a speedy trial, confrontation of plaintiff or his witness, counsel, presumption of innocence, protection against cruel punishment, and appeal. 4. The student has the right to bring suit within the regular judiciary structure for any violation of right guaranteed by the Student Bill of Rights or student regulations. 5. The student has the right not to be twice put in jeopardy for the same offense. 6. The student has the right to establish and/or disseminate publications free from any censorship or other official action controlling editorial policy or content. 7., The student has the right to invite and hear any person of his choice on any subject of his choice subject to regulations in this code. 8. The student has the right to form, join, and participate in any organization for any lawful purpose. 9. The student has the right to use campus facilities, subject to uniform regulations governing the facility. 10. The student has the right of assembly to demonstrate, inform, or *~ protest, so long as the normal workings of the university are not disrupted. 11. The student has the right to be secure in his possessions, against invasion of privacy, and unreasonable search and seizure. Enrollment in the University creates special obligations beyond those attendant upon membership in the general society. In addition to the requirement of compliance with the general law, the student assumes the obligation to comply with all University policies and campus regulations.

TITLE 3 RIGHT OF PRIVACY 1. Students have the same rights of privacy as any other citizens and surrender none of these rights by becoming members of the academic community. These rights of privacy extend to residence hall living. Nothing in the institutional relationship or residence hall contract gives the institution or residence hall officials authority to consent to a search of a student's room by police or other government officials, except when such a search is duly authorized by a search warrant.

5*U3 2. When the institution seeks access to a student's room in a residence hall to determine compliance with provisions of applicable multiple dwelling unit laws or for improvement or repairs, the institution shall in all cases give as early as practicable advance notice to the occupant. There may be entry without notice in emergencies where immediate danger to life, safety, health' or property is reasonably feared or during fire drills. 3. Limited inspections of residence hall rooms may be performed to determine compliance with regulations concerning the use of institutional furniture, provided the institution gives advance notice as early as practicable to the occupant(s). 4. A search may not be conducted of a student's room in a University housing unit to determine compliance with federal, state, or local criminal law or University regulations unless authorized by a valid / authorization for search based upon probable cause to believe that a violation has occurred or is taking place. "Probable cause" exists where the facts and circumstances within the knowledge of the body issuing the authorization for search and of which it has reasonable trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed. The Vice President for Student Affairs or his/her delegate may issue such authorizations for search as may be properly authorized by them- as appropriate administrative officials. Nothing in this section shall be construed as an attempt to limit the ability of police officials to seek and secure or federal court search warrants.

TITLE 4 DEFINITIONS When used in this Code... 1. The term "institution" as used in this Code means the University of Oklahoma, Norman Campus, and collectively, those responsible for its control and operation, including the University of Oklahoma Student Association. 2. The term "student" includes all persons taking courses at the institution both full-time and part-time. 3. The term "instructor" means any person hired by the institution to conduct classroom activities. In certain situations a person may be both "student" and "instructor". Determination of his or her status in a particular situation shall be controlled by the surrounding facts. 4. The term "registered" used in conjunction with student organization refers to compliance with the registration process outlined in 10SC. 5. The term "publication" means any printed, written, typewritten, or duplicated material published or disseminated, whether by students or non-students, which consists of other than primarily promotional or advertising content, though publications may contain some advertising. 6. The term "shall" is used in the imperative sense. 7. The term "may" is used in the permissive sense. 8. The term "public place" for the purpose of restricting distribution / and solicitation shall apply generally to all areas of campus except the interiors of buildings and areas used for instructional purposes. The stadium shall be considered a building. The Oklahoma Memorial Union, a private corporation, shall designate certain areas of the Union building as public places. Housing governmental units may designate further public places within their respective housing areas at their discretion. 5:014 9. The term "day" for the purposes of this code and in accordance with Regents' Policy shall be limited to any day, Monday through Friday,*" on which the University of Oklahoma holds regularly scheduled class(es). Regularly scheduled shall include intersession (if any), the regular summer school period, and regularly scheduled final examination days. This provision does not apply to the College of Law. 10 All other terms have their natural meaning unless the context dictates otherwise.

TITLE 5 STUDENT RECORDS AND INFORMATION 1. Directory Information: Student's Classification Student's Current Name Campus and Local Address Campus or Local Telephone Number Student's Major Student's College Student's Permanent Address Current Enrollment (verify or deny only) Dates of Attendance Expected Date of Graduation Based on Course Work Completed to Date Degree(s) Conferred and Date(s) of Graduation / Data to Verify Identification such as Date and Place of Birth University Honors Student's Participation in Recognized Student Activities and Sports Upon written request to the Admission and Records Office, by the Student, the above information will be treated as confidential and released only with the student's consent. 2. Confidential: All other information not contained in Title 5 above will be released only upon written consent of the student. In implementing this policy it is recognized that: .1 Parents and guardians of dependent students have a legitimate z interest in the progress of their sons and daughters, and information contained in the student's record may be released to them, consistent with the Right To Privacy Law. .2 The information contained in the student's record is his or hers and he or she may by proper authorization allow others to use it. .3 When a ;tudent requests that his or her transcript be sent to- another educational institution the University shall have the right to supply such other academic information as may be requested by that institution. No information concerning disciplinary action g- will be released unless such action is currently active at the time of inquiry, or unless specific inquiry is made about disciplinary action. .4 The University is responsible for determining a student's athletic eligibility, and in compliance with appropriate conference rules, must supply certain student information to the Athletic Department, The Big Eight Conference, and the National Collegiate Athletic Association. .5 Certain college, departmental and administrative officers of the University have a legitimate interest and need for information contained in the student's records and are authorized access to this information on a "need to know" basis. .6 Records maintained by a physician, psychiatrist, psychologist, or other recognized professionals are not open for parents' or students' inspection. Students or parents may, however, have an appropriate professional of their choosing inspect such records. .7 Records of instructional, supervisory and administrative personnel and educational personnel ancillary thereto which are in the sole . possession of the maker and which are not accessible or revealed to any other person except a substitute need not be made available for inspection. .8 Information may be released from a student's record to appropriate persons in connection with an emergency if the knowledge of such Information is necessary to protect the health or safety of a student or the University Community. The following factors should be taken into consideration in determining whether records may be released under this section. a. The seriousness of the threat to the health or safety of a student of the University Community. b. The need for such records to meet the emergency. c. Whether the persons to whom such records are released are in a position to deal with the emergency, and d. The extent to which time is of the essence in dealing with the emergency. .9 Records and documents of the University Police Department, which are kept apart from all other student records and are maintained solely for law enforcement purposes, are not available to persons other than law enforcement officials of the same jurisdiction and the appropriate University disciplinary officials. 3. Access to any of his or her records and files is guaranteed every student subject only to reasonable regulation as to time, place, and supervision. 4. No record may be made on the official transcript in relation to _.ny of the following matters except upon the express written request of / the student. .1 Race .2 Religion .3 Political or Social Views: and .4 Membership in any organization other than honorary and professional organizations directly related to the •- educational process. 5. Upon graduation or withdrawal from the institution the records and files of former students shall continue to be subject to the r- provisions of this Code. 6. Maintenance and disposition of disciplinary records may be found in Title 18.

TITLE 6 CAMPUS EXPRESSION 1. Campus expression shall be understood to mean any communication of attitudes or opinions on any subject by any student by any means: Such expression shall not be limited, registered, restricted or require any official approval with the following exceptions: .1 Where that form of expression might include individuals from outside the University Community. .2 Where the method of communication might violate this title of the Student Code. .3 Any form of political activity will be subject to the provisions of 9SC. R0.16 2. Discussion and expression of all lawful views is permitted within the institution in public places subject to requirements for the maintenance of order, and to applicable state, federal, and local laws. The institution retains the right to assure the safety of individuals, the protection of property, and the continuity of the educational process. 3. Orderly picketing and other forms of peaceful protest are permitted in public places on institution premises so long as there is no interference with ingress or egress from institution facilities, interruption of classes, damage to property, or disruption of the operation of the institution, nor blocking vehicular or pedestrian traffic, unless such traffic is by previous arrangement diverted by the Campus Security Department. 4. Registered student organizations and groups may invite and hear any persons of their own choosing subject to requirements for use of institutional facilities and subject to the Oklahoma University speakers policy. 5. All outdoor activities where individuals or groups plan to use a public address system or equipment such as tables, booths, or vehicles, must be scheduled with the Student Affairs Office and must follow the policies applicable to use of University facilities. ^ 6. The institution shall assume initial responsibility for maintaining order by using its internal enforcement agencies, although the / institution recognizes that city, county, and state enforcement bodies are available.

TITLE 7 PUBLICATIONS 1. Prior to dissemination, each publication shall register with the Office of the Vice President of Student Affairs the name of the publication, its place of publication, name(s) of its principal agent(s) and his or her (their) address(es) and whether the publication is to be distributed free of charge or sold and,, if sold, the price per issue or other rate established; provided, however, that this section not apply to publications containing the above information in each issue for the purpose of recording. 2. All publications disseminated on or broadcast from the campus shall conform to the applicable regulations of the Federal Communications Commission and/or to applicable laws. The institution shall not by previous restraint forbid the distribution of a publication, but the publishers will be legally responsible for the contents of their publications. 3. All communications using: either explicitly or implicitly, the name of the institution or any of its divisions shall explicitly state on the editorial page or in the broadcast that the opinions expressed are not necessarily those of the institution or its student body.

?0.18 TITLE 9 CAMPAIGN ACTIVITIES 1. Campaign activity for individuals or organizations in conjunction with campus, local, state, or national elections shall be permitted on the campus in public places. However, this action shall not authorize variance with the other provisions of this Code. 2. The Office of Student Affairs must be notified of all UOSA campaign activity prior to any campaigning. All other local, state, or national political campaigning or election activity must be registered with the Office of Student Affairs. 3. Registered student organizations may schedule rooms in University facilities for organized campaign meetings. 4. Campaigning in University operated or approved Housing. .1 Distribution of printed literature under doors without knocking is permitted. .2 Between the hours of noon and 10:30 pm, door-to-door campaigning may be regulated or prescribed by the Student Affairs Office and/or house vote. .3 The right of privacy of those individuals who indicate a desire not to be disturbed by door-to-door campaigning shall be respected. These individuals must indicate such a desire by placing a sign or sticker in a prominent display on their doors. .4 Lounges may be regulated in a manner prescribed by house or / floor vote. If no such procedures are established, campaigners will have free use of the lounge within visitation hours unless a majority of the residents present express their objections. .5 The above policy applies except where visitation restrictions prohibit access. .6 Any student participating in a UOSA conducted election is subject to all Student Congress legislation concerning elections, campaign rules and decision of the UOSA election boards. *"

TITLE 10 STUDENT ACTIVITIES 1. Student Activity Fee Funds The Student Activity Fee is that portion of the University's budget which is set aside to be utilized for nonacademic programs and services for students. The President of the University, as its chief executive officer, presents recommendations to the Regents on the distribution of all University funds, including the Student Activity Fee, according to policies established by the Regents. The Regents of the University have delegated to the Student Association the Authority to recommend appropriation of a portion of the Student Activity Fee, subject to the following conditions: .1 Funds may be appropriated to the established executive, legislative, and judicial branches of the UOSA. .2 Funds may be appropriated to registered student organizations which have complied with the registration requirements and funding criteria established by this title. a. Registered student organizations will be considered eligible to apply for student activity fee funds. Student Activity Fee funds may be appropriated to registered t organizations for projects or programs which have substantial campus-wide interest, but not for political or religious purposes. *0*9 .. .»

.3 The University of Oklahoma Student Association has adopted the following additional policies regarding registered student organizations which may receive appropriations from the Student Activity Fee. a. A written constitution consistent with the provisions of 10SC a copy to be filed for record with the UOSA General Counsel. b. At least a membership of ten Student Association members, verified to be bona fide students by the UOSA General Counsel. Upon such verification of the UOSA General «- Counsel shall substitute the membership list with his subscribed statement that this requirement has been fulfilled. c. The University of Oklahoma Student Association shall not be held responsible for any debt incurred by a registered organization without the proper written permission of the University of Oklahoma Student Association and will not be obligated to pay such debts. d. Each registered organization which receives funds from Student Congress shall submit its account, listing all income ad expenditures from and to all agencies, business, or individuals to the University Internal Auditing Office for an annual audit. e. Any appropriation can be spent only on the activity for which it was appropriated. f. The registered student organization's chairperson must sign a statement of financial responsibility before any appropriation is transferred to that organization's account. g. Any other requirements duly enacted by the University of Oklahoma Student Association which are not inconsistent with the provisions of the Student Code. .4 Regulations of the Board of Regents make it vndatory for branches of UOSA and registered student organizations receiving student activity funds to keep their accounts in the Bursar's Office of the University. All money received must be deposited in the University account, and all expenditures must be supported by written vouchers and made by University check after approval of the faculty or staff advisor. .5 At the discretion of the UOSA, appropriated monies may be denied or withdrawn from any registered student organization that has an overdrawn University account. 2. Membership in registered student organizations shall not be denied any person on the basis of race, creed, religion, national origin, or disability nor shall membership be denied on the basis of sex, unless the very purpose of the organization would be defeated if sex discrimination were not allowed, provided however, that the purpose of the organization must be consistent with public policy as established by prevailing University Community standards, and that the person be willing to subscribe to the stated aims and meet the stated obligations of the organization. 3. Membership lists are confidential and solely for the use of registered student organizations, except that names and addresses of current student officers, and a sponsor who is a full-time member of the faculty or staff shall be required. 4. No individual or student organization may use the name of the institution without the expressed authorization of the institution. Institution approval or disapproval of any policy may not be stated or implied by any individual, or registered student organization. >0i-0 5. Organizations may be formed for any lawful purpose in accord with the established regulations, guidelines, and policies of the University. However, registration does not imply University endorsement of the purposes of an organization. .1 All student organizations functioning on the campus are *"* required to register with the Office of Student Activities (315 Hester Hall). Registration provides for use of designated University facilities and services, the coordination of Campus activities, and the opportunity to apply for student activity fee funds through UOSA. .2 The requirements for registration are as follows: a. Any student organization must register annually by completing the Student Organization Registration Form. Registration renewal of Student Organizations must be completed within the first four weeks of classes. b. A current constitution including a statement of purpose must be submitted along with the signature of ten charter student members and registration form. If a registered student organization is affiliated with a national or regional organization, a copy of that constitution must be submitted also. If this constitution contains clauses which are not in agreement with established University policies or other governing regulations, the organization will not be registered until the national or regional organization agrees to waive such clauses. c. At least fifty percent of the membership of the registered student organization must be of University of Oklahoma students. d. Each organization must have an advisor who is a full—time member of the University faculty or staff. e. A current listing of the officers of registered student organizations must be on file with the Office of Student Activities. / .3 Registration of student organizations are subject to the provisions of this code and related established University policy, as well as local, state, and federal law. .4 All organizations registered with the Office of Student Activities for the preceding academic year must renew their registration annually. 6. Use of University Facilities .1 Official branches of UOSA and registered student organizations determined eligible for funds may reserve University facilities, including designated outdoor areas. The reservation of facilities is subject to established policies governing the use of facilities. To obtain further information on use of a facility, contact the Director of Student Activities, 315 Hester Hall. .2 A registered student organization may reserve designated / meeting rooms in the Oklahoma Memorial Union with no rental charge or arrange for other Union facilities or services subject to established Union policies. •3 No individual or registered student organization may use or rent University facilities. for a fund raising event without the prior approval of the Student Affairs Office. Approved with the clarification that the provision of the Regent's Policy of March 8, 1973, and as amended, related to the Student ^ Activity Fee, remain in effect, although not restated in the Student Code. 5*021 TITLE 11 HOUSING 1. University Housing .1 In all institution student residence halls including fraternity and sorority houses, the disciplinary boards have the authority to adjudicate violations of stated norms of conduct as set by the house or by this code. This provision does not deny the right of appeal to the appropriate body within or outside the university. Neither does it preclude administrative actions being taken by the proper university official to insure the safety or welfare of the university community. .2 Regents policy provides that certain students are required to live in University housing. All single freshmen students who are not 20 years of age, who do not have at least 24 hours of college credit, or who have not lived in University residence halls for at least two semesters must live in a University residence hall or in University-approved fraternity or sorority housing for the academic year. Exception from this policy is by special permission only, granted in writing by the Vice President for Student Affairs, or his/her delegate(s). Application for special permission must be made to the Housing Programs Office, Room 126, Walker Tower, prior to the beginning of each semester. Special permissions are granted for a period of one semester only and are subject to review prior to / renewal. .3 Regents' policy requires that all students living in Cate Center, Cross Center, Adams Center, and Wall r Tower, board at their place of residence. a. Meal tickets are not transferable. The use of a meal ticket card by any person other than the one identified on the cart? is prohibited and may result in disciplinary action. b. Students living in University housing who find it «** necessary to work for board may secure permission to board at their place of employment from the Office of Housing Programs. .4 Before a student moves from the place of residence for which approval was given during the enrollr-int period, clearance through the Office of Housing Programs must be obtained. Failure to comply with this regulation may result in disciplinary action. .5 Fraternity and sorority residences are considered voluntary living organizations subject to the same health, safety, and conduct standards required for University-operated housing. Fraternity and sorority residents are subject to all provisions of this Code. .6 Pledges and members above the freshman level may live in fraternity or sorority residences with which they are affiliated. 1. Special Regulations: .1 Registered student organizations using University facilities (lounges, cafeterias, etc.) are responsible for arranging furniture to their own desires. Furniture may not be moved from the premises. Upon completion of the event, students

*022 shall return all furniture to its original place, pick up all refuse, and leave the facility clean. .2 Open-flame devices or combustibles: The possession or use of any open flame device, except matches or cigarette lighters, such as candles, or any instrument of a similar nature Including lamps or lanterns, using combustible chemicals or fuels are strictly forbidden in the living space of University housing, or in any organized student residence. Any student violating the regulation may be subject to disciplinary action. .3 Animals or pets: Keeping animals or pets in University housing, including apartments and adult housing, is prohibited. 3. Citation System: The following minor offenses may be removed from the discipline process and handled via a citation system. Repetition of the offenses within one year of imposition of the first sanction may be dealt with by graduated increases. (See Table .1 below) .2 Fines: If fines are not paid or alternative arrangements approved in a period of five (5) days then the fines will be doubled and placed on the student's University account. If a student is unable to pay the fine or it is determined the *ine would result in an unreasonable hardship, then a work program can be imposed in lieu of the fine. The in-lieu work program must be approved by the Office of Housing Programs. .3 Appeals of Citation: The student will have three (3) days (72 hours) to appeal in writing to t.ie Center Coordinator of the Center in which the violation occurred. An Appeal Board made up of two (2) students appointed by the Center president and one (1) staff member appointed by the Director of Housing Programs will vote on the written appeal. Appointments to the Appeal Board shall be for one academic year. The Appeal Board shall hear the appeal in person upon request by the student. The Center Coordinator will then write the student a letter ,- stating the outcome. 4. Private Housing: .1 Regent's policies require that when vacancies exist in University housing after any enrollment period, single undergraduates under 21 years of age may be required to reside in such University housing. Recall from other housing to fill vacancies shall be by classes, freshmen first, and by grade average within the class, the lower grade average first. .2 Students living in private housing by virtue of special permit of any type from the Housing Programs Office must secure clearance from that office before moving to a residence other than that for which approval was given during enrollment period. 5. Summer Session Housing: Students enrolled in the Spring Session who plan to attend Summer Session must secure approval from the Housing Programs Office if they desire housing arrangements for the Summer Session. Housing regulations apply to the Summer Session as well as the Fall and Spring Session. 6. a Security Hours: The hours during which the residence halls shall be locked: .1 On Sunday through Thursday nights houses will be locked at 12 midnight.

?0OT23 .2 On Friday and Saturday morning houses will be locked at 2 a.m. .3 A house should be locked and should remain locked until 6 a.m. Only residents, guests of residents, (where visitation is authorized) and authorized University personnel may enter during these hours. .4 Unauthorized entrance into or exit (the use of back doors, windows, fire escapes, etc.) from a student residence after established closing hours is prohibited. 7. Housing units are responsible for enforcement of visitation and quiet hours as established by the Student Affairs Office. Each housing government unit may establish additional hours with the concurrence of the Student Affairs Office. 8. The guests of Oklahoma University students are expected to observe the University regulations for students, and the rules of the residence where they are visitors. 9. Social events in residential units are limited to public lounge and recreation areas. .1 Residents of individual housing units may pass, publish and enforce additional rules through their house governments, so long as such rules do not conflict with this Code or enactments of the Student Congress.

TABLE.1

Proscribed Conduct 1st Offense 2nd Offense 3rd Offense Visiting/Unauthorized entry $10.00 $20.00 Fine up to $30.00 or disciplinary process Littering $10.00 $20.00 Fine up to" $30.00 or disciplinary process Removal of Furniture/Fixture $10.00 $20.00 Fine up to $30.00 or disciplinary process Open Flame Devices $10.00 $20.00 Fine up to $30.00 or disciplinary / process Pets $10.00 $20.00 Fine up to $30.00 or disciplinary process Propping Open Security Doors $30.00 Disciplinary Process

5-024 Possession of Alcohol $10.00 $20.00 Fine up to ^ $30.00 or disciplinary process Noise $10.00 $20.00 Fine up to $30.00 or disciplinary process Failure to comply $10.00 $20.00 Fine up to $30.00 or disciplinary process Violation of Published Residence Hall Rules $10.00 $20.00 Fine up to $30.00 or disciplinary process Misuse of Institution Property $10.00 $20.00 Fine up to $30.00 or disciplinary process Defacement of University Property $10.00 $20.00 Fine up to $30.00 or disciplinary process

TITLE 12 UOSA GENERAL COUNSEL 1. The UOSA general counsel is the chief legal counsel of the University of Oklahoma Student Association, and is responsible for enforcing the provisions of the UOSA Constitution, and enactments of Student Congress. The general counsel shall represent the interests of the UOSA in any matter pending in any forum of the University in which the interests of the Student Association are concerned. .1 The functions and duties of the general counsel shall include, but not be limited to the following: a. General counsel is charged with contesting and endeavoring / to defeat any claim against any student for violating any University regulation. General counsel shall fulfill any request for student defense. Student defense may be provided by general counsel personally, with a staff assistant, or any other appropriate counsel. b. General counsel may file a complaint in behalf of any student who appears to possess a cause of action. c* General counsel shall investigate any subject, body, organization, etc. on order of Congress or the UOSA «~ President.

_.;025 d. General counsel may investigate any subject, body, etc., on his or her own motion. e. Upon a proper request, general counsel may issue advisory opinions as to the effect of any University policy, rule, or regulation affecting a student organization. Such opinions shall be binding in all UOSA internal matters unless overturned on appeal. .2 General counsel shall be at least a second year law student, with preference given by the selection committee in its deliberations to past legal counsel experience. .3 General counsel shall be appointed by the UOSA President, with the advice and consent of Congress. General counsel shall be recommended to the UOSA President by a committee composed of: the outgoing general counsel; a representative named by Student Congress; and a representative named by the Vice President for Student Affairs. .4 General counsel shall appoint at least two associates whose duties shall be established by the general counsel. Additional staff may be appointed by the general counsel.

TITLE 13 THE UNIVERSITY DISCIPLINE SYSTEM University disciplinary authority ultimately is vested by the Oklahoma Constitution and State Statutes in the University Board of Regents, a corporate body. This authority includes control and regulation of student problems and behavior through adjudication and disciplinary means, consistent with the educational purposes of the University. Responsiblity for proper administration of the university disciplinary system is vested in the University President. Accordingly, the University President and/or the University Board of Regents may at any time and at their sole discretion issue an interpretation of any University policy, rule or regulation which shall be the final and official interpretation. Generally original adjudicatory and disciplinary authority—and the inherent judicial latitude necessary for their promulgation—is delegated on a collateral basis to th«» Vice President for Student Affairs and to the University of Oklahuma Student Association and such boards as they shall establish under the authority of this code. Any action taken under the authority of this title must be done so within 30 days of the date of the discovery of the alleged violation. A signed written order by a chair of a Judicial Council granting an exception for reasonable grounds to the time specified in this title shall toll this statute. Such orders shall specify the time at which the statute shall again begin to run.

1. Administration of the University Discipline System .1 The Vice President for Student Affairs or his/her delegate has the day-to-day responsibility for disciplinary matters and maintenance of records of all disciplinary actions taken, whether through direct administrative action or through the disciplinary board system. The Judicial Coordinator shall be responsible to the Vice President for Student Affairs for the operation of the discipline system. The Judicial Coordinator shall insure that the procedures established by each board andr- the Judicial Coordinator's office comply with the applicable provisions of this code.

•*-:02 6 .2 The Vice President for Student Affairs and other appropriate persons in authority may take immediate administrative or disciplinary action which is deemed necessary for the welfare or safety of the university community. Any student so affected must be granted due process including a proper hearing within 10 days following the summary action. Any hearing involving disciplinary suspension or expulsion shall be scheduled with a campus disciplinary council. Lesser direct administrative actions will be scheduled by the Judicial Coordinator with one of the ampus disciplinary boards, whose decision shall be final. •3 During periods between semesters or during holidays violations may be handled administratively at the student's request, provided that no more than thirty (30) days have elapsed since the processing of the alleged violation. Final appeal will be to a campus disciplinary board. No sanction greater than disciplinary probation may be imposed under the authority of this subsection. .4 An Administrative advocate may be appointed to represent the university in presenting cases before the appropriate disciplinary body. The administrative advocate should be at least a second year student in the College of Law, and shall be appointed by the Vice President for Student Affairs with the concurrance of the U0-.A President.

2. Campus Disciplinary Boards 7lOrganization/Jurisdiction a. In accordance with this code, campus disciplinary boards shall be established which shall act on authority delegated by the University Regents through the President. Although these boards shall perform a function which is adjudicative in nature they are not within the superstructure of any federal, state, county, or local judicial system. b. Five CDB's shall be established. Three of the CDB's shall consist of three (3) students appointed by the UOSA President with the advice and consent of the UOSA Congress, and two (2) non-student faculty or staff members appointed by the Vice President for Student Affairs. Two CDB's shall consist of two (2) students appointed by the UOSA president with the advice and consent of the UOSA Congress, and three (3) non-student faculty or staff members appointed by the Vice President for Student / Affairs. Student members on two (2) of the boards with 3 student members and one (1) of the boards with 2 student members shall be chosen from those students living in the residence halls. No two (2) or more student members shall reside in the same residential 'center' at the time of their appointment. Those boards listed above whose' student representation is from the residence halls shall handle those violations occurring in housing, provided that scheduling and time permits. «•*

_-027 c. Each CDB shall select a presiding officer, who shall exercise control over the hearing to avoid needless consumption of time and to prevent the harrassment or intimidation of anyone participating in the hearing. Any person including the respondent, who disrupts a hearing or fails to adhere to the rulings of the presiding officer or the board, may be excluded from the proceedings. The board shall have the power to compel student witnesses to appear. In addition, the board shall have the power to cite students for contempt of board proceedings. d. Charges of violation of university policies, rules and regulations shall be filed with the University Judicial Coordinator's Office, according to rules of procedures established by that office and this code. Any action must be filed by the complaining party within 30 days of discovery of the alleged violation. The CDB's shall have the authority to impose sanctions up to and including disciplinary probation as described by this code. Procedures a. The CDB's shall set up rules of procedure for conducting hearings consistent with the guidelines established by this code. The proceedings shall include in order: 1. Identification of the student prior to the proceeding. 2. Verification of adequate notice. 3. The opportunity for a brief opening statement. 4. Evidence and reports and/or presentation of the case against the student. 5. The opportunity for rebuttal by the student. 6. Presentation by the student or his/her representation of relevant evidence and information. 7. The opportunity for rebuttal by the representative of the university. 8. The opportunity for a brief closing statement if requested by either party. b* A quorum shall exist for a hearing before a CDB when: (1) at least one (1) stu'ent and non-student representatives are present, and (2) at least three members of the board are present. Decisions shall be made by majority vote, either open or by secret ballot. A tie vote shall result in acquittal by the board. c. Students shall be given written notice of the time, place and nature of the hearing, including a short and plain statement explaining the alleged violation, at least five (5) days prior to the hearing. The student and/or his authorized representative shall be accorded reasonable access to the case file, which will be retained in the Judicial Coordinator's Office. d. Each defendant in a disciplinary action will be asked to sign a statement that he or she has received a copy of the rules, regulations, policies and procedures of the University Discipline System. Copies of such policy and procedure statements shall be available in the Judicial Coordinator's Office, the UOSA General Counsel's Office, and the office of the Vice President for Student Affairs .*- e. The burden of proof shall be upon the complaining party, who must establish the guilt of the student by a preponderance of the evidence.

_.:028 f. A student defendant having a hearing before a CDB may be accompanied by a representative who may be an attorney. Free assistance is available from the UOSA General Counsel's Office located in Room 114 of Ellison Hall (325-5474). A representative shall not appear in lieu of the student defendant. g. Students and/or their authorized representatives shall be accorded the opportunity to respond to evidence against them, question adverse witnesses, call appropriate witnesses in their behalf, object to actions inconsistent with this code, and present any other evidence relevant to the proceedings at hand. h. Hearings will be closed to the public except for the student's representative. The hearing may be open only If requested by the student and if the CDB approves. Prospective witnesses other than the complaina t and the respondent may be excluded from the hearing during the testimony of other witnesses. All parties other than the board members shall be excluded during board deliberations. i. A hearing may proceed with a decision rendered in the absence of a student who fails to appear ; fter proper notice. The board may reconsider its decision if the student contacts the Judicial Coordinator's office within 2 days of the end of the hearing and demonstrates good cause for his/her absence to the board. j. Formal rules of evidence shall not be applicable In disciplinary proceedings conducted before the CDB's. The board may consider any matter as evidence which has value in determining the facts of the case before them, limited only by the rules of confidentiality and privilege. Unduly repetitious or irrelevant evidence may be excluded. Improperly obtained evidence may be excluded at the discretion of the board when requested. k. Harmless deviations from prescribed procedures may not be used to invalidate a decision or proceeding before the campus disciplinary board. 1. Nothing herein shall be construed in any way to prevent any member of the student body from questioning any rule or regulation to the appropriate administrative official or after administrative channels have been exhausted, to the Board of Regents. m. The final decision of the CDB's shall be in writing. It shall include at a minimum the sanction imposed and the rationale by which the board arrived at its decision. This written decision shall be forwarded to the Judicial Coordinator's office within two (2) days of the conclusion of the hearing. The student and/or their authorized representative shall be entitled to a copy of the decision for appeal purposes. •*" n. Voluntary written agreements between represented parties affected by an impending hearing that are approved by the Judicial Coordinator, shall be honored by the CDB provided such agreements are consistent with this code. o. Any board member scheduled to hear a case where a conflict of interest exists shall disqualify himself/herself from hearing that case. In the event that disqualifications make a quorum impossible, the Judicial Coordinator shall reschedule the hearing with another CDB. ,029 .3 Appeals a. Appeal of a decision of the CDB shall be to the Campus Disciplinary Council. This appeal shall be scheduled before the council by the Judicial Coordinator's Office. Any appeal must be made in writing to the Judicial Coordinator's office within ten (10) days of the decision rendered by the CDB. b. The grounds for appeal to a Campus Disciplinary Council shall be: 1. Insufficient evidence to support the decision, 2. The sanction imposed was too harsh. 3. Procedural error of such magnitude that it had a significant effect on the CDB decision. 3. Campus Disciplinary Councils .1 Organization/Jurisdiction a. In accordance with this code, campus disciplinary councils shall be established which shall act on authority delegated by the University Regents through the President. Although these councils shall perform a function which is adjudicative in nature, they are not within the superstructure of any federal, state, county, or local judicial system. b. Two (2) CDC's shall be established. Each shall be composed of seven (7) members appointed by the President of the University. Three (3) nominated by the faculty senate, one of whom shall be a qualified attorney; three students nominated by the UOSA President; and one (1) full-time University Staff member nominated by the Vice-President for Student Affairs. All appointments shall be for a term of two (2) years. Terms will be staggered. c. Each CDC shall select a presiding officer at the beginning of each academic year. d. The CDC's shall have: (1) Original Jurisdiction over disciplinary cases scheduled before them by the Judicial Coordinator's / Office which may result in a sanction of suspension or expulsion. Any case scheduled must have been filed with the Judicial Coordinator's office within 30 days of discovery of the alleged violation. (2) Appellate jurisdiction of cases heard originally by the CDB's consistent with Title 13, section 1.2. (3) Appellate jurisdiction of cases heard originally by the CDB's consistent with Title 13, Section 2.3. (4) Oversight authority over the functions of the Student Traffic Courts. e. Disciplinary matters over which the CDC's have jurisdiction shall be scheduled before an appropriate CDC by the Judicial Coordinator according to time and scheduling constraints. .2 Procedures a. The CDC's shall establish and publish rules of procedure for conducting hearings consistent with the guidelines established by this code. The rules shall be identical for both CDC's.

_-o;iO b. A quorum shall consist of five (5) members. When determined necessary by the campus disciplinary council chair, an ad hoc appointment for a particular case may be requested of the President's office. c. Cases appealed from the CDB's shall follow those procedures established in Title 13, Section 2.2. d. Cases involving an alleged violation so severe that suspension or expulsion may be contemplated shall be heard before an appropriate CDC. The CDC's shall be the only hearing body with the authority to recommend suspension or expulsion to the President of the University. Procedural safeguards as established by the Oklahoma Administrative Procedures Act (75 O.S. 301 et seq.) shall be followed by the CDC assuming original jurisdiction in these cases. Generally students charged will be- assured of, but not limited to, the following: e. Students shall be given written notice of the charge(s) against them at least five (5) days prior to the hearing. The notice shall include (1) A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and rules involved; (4) A short and plain statement of the matters asserted. If the complaining party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter up n application a more definite and detailed statement shall be furnished. f. Each defendant in a disciplinary action will be asked to sign a statement that he or she has received a copy of the rules, regulations, policies and procedures of the University Discipline System. Copies of such policies and procedures shall be available in the Judicial Coordinator's Office, the UOSA General Counsel's Office, and the Office of the Vice President for Student Affairs. g. The burden of proof shall be upon the complaining party, who must establish the guilt of the student by a preponderance of the evidence. h. Students and/or their authorized representatives shall be accorded the opportunity to respond to evidence against «- them, question adverse witnesses, call appropriate witnesses in their behalf, and present any other evidence relevant to the proceedings at hand. In any hearing conducted before the appropriate Campus Disciplinary Council under the provisions of this section the student defendant shall be present at the hearing. 1. Hearings shall be closed to the public except for the student's representative. The hearing may be open only if requested by the student and if the CDC approves. Prospective witnesses other than the complainant and the respondent may be excluded from the hearing during the testimony of other witnesses. All parties othe than CDC members shall be excluded during board deliberations. #ai j. CDC's may admit and give probative value to evidence commonly accepted by reasonable people.They shall give effect to the rules of privilege recognized by law. No greater exclusionary effect shall be given any such rule or privilege than would obtain in an action in court. They may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. The council shall have the power to compel student witnesses to appear. In addition, the board shall have the power to cite students for contempt of council proceedings. k. The record in a disciplinary proceeding before a CDC shall include: (1) All pleadings, motions and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings thereon; (5) proposed findings and exceptions; (6) any decision, opinion, or report by the officer presiding at the hearing (7) all staff memoranda or data submitted to the CDC in connection with their consideration of the case; (8) oral proceedings or any part thereof which a party requests to be transcribed. 1. A final order in a CDC hearing shall be in writing or stated in the record. It shall include findings of fact and conclusions of law, separately stated. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be notified either personally or by mail of any order. Upon request, a copy of the order shall be delivered or mailed forthwith to each party and to his attorney of record, m. For questions of rehearing see the Okla. Admin. Proc. Act Sec. 317. .3 Appeals a. Appeal of cases in which the CDC has assumed original jurisdiction pursuant to Section 3.1,d(l) of this title, and those cases under (2) which resulted in a sanction of suspension or expulsion may be made to the President of *" the University. A written appeal must be filed within ten (10) days of the decision by the CDC with the Judicial Coordinator. b. The grounds for appeal to the President shall be: (1) Insufficient evidence to support the decision, (2) the sanction imposed is too harsh; (3) procedural error which had a significant effect on the CDC decision, (4) validity of any rule or regulation under the U.S. Constitution or the Constitution of the State of Oklahoma. (5) significant new information which has been disclosed. c. The decision of a CDC in cases heard pursuant to their appellate jurisdiction of CDB cases are final and may not be appealed. .4 Joint Meetings Each chair of the Campus Disciplinary Councils shall periodically hold joint meetings as they or the Judicial Coordinator determine are necessary. Generally, such meetings shall have three purposes: a. To insure consistency of procedures under which hearings are conducted before each council. b. To insure general consistency of sanctions imposed by each council c. To determine if a joint session should be held as a court on the judiciary. In the event that a member of a student traffic court or campus disciplinary board's fitness to serve is called into question by the chairs of the CDC's, a hearing to determine the question shall be arranged by the Judicial Coordinator. The board shall be composed of five (5) members, one of whom shall be a chair of either CDC, at least two (2) students from either CDC, and at least two (2) members from each CDC. After the hearing decision is made, the board shall forward the finding in writing to the individual(s) who appointed the member for action in keeping with the finding of the board. 4. Student Traffic Courts 1. The Traffic Courts shall consist of three University of Oklahoma Student Association members each, two of whom shall constitute a quorum, appointed by the UOSA President with the advice and consent of the Student Congress for terms of one year. Removal for a cause shall be by normal removal process. a. The UOSA President may appoint to interim terms Student Traffic Judges who shall serve for one year unless rejected by the UOSA Congress, after which such interim appointees may no longer sit / as members of the Traffic Courts to which they were named. b. The Traffic Courts shall have original jurisdiction in all cases in which students are charged with violating University traffic regultions. If a student chooses to plead "not guilty" to such a charge, the case must be docketed for trial by the Parking and Traffic Department. In no case shall the right of the student to plead "not guilty" be abrogated. Rules of procedure followed by the Traffic Courts shall be approved by a Campus Disciplinary Council. *"" c. Upon recommendation by the UOSA President, the members of one Campus Disciplinary Council Court shall select a Chief Traffic Courts Judge. d. Adjudication and processing of traffic violation citations shall be in the Parking and Traffic Office which shall handle faculty, staff and visitor cases; and in the Student Traffic Courts, under the supervision of one Campus Disciplinary Council. e. A copy of complete parking and traffic rules and regulations is contained in Appendix D.

^033 TITLE 14 ACADEMIC APPEALS 1. ACADEMIC APPEALS: In each college of the University there shall be established an academic appeals board consisting of an equal number of student and faculty. (1) Faculty members of the board will be chosen by the faculty of the college for a terra determined by the faculty. (2) Student members of the board will be appointed for a term of one year by the dean of the college upon recommendations from the Student President. Each academic appeals board will hear cases in which the issue to be resolved is that of prejudiced or capricious evaluation, or alleged inability to communicate course content. .1 A board will hear a case only after an attempt has been made by the student and the instructor to resolve their differences, if necessary, in consultation with the departmental chairperson. If in the judgment of the board the case has already been satisfactorily resolved in the department, it may refuse the student a further hearing. .2 To avoid a jurisdictional impasse, the appeal shall be heard by the appeals board in the undergraduate college in which both the course and the instructor are located. Any thesis and dissertation appeals shall be heard by the Graduate College appeals board. .3 It shall be the primary function of a board to mediate or adjudicate disputes which have not been satisfactorily resolved on the department level. .4 Each board shall be given the responsibility of establishing its own rules of procedure. Such rules as it establishes must be consistent with the full protection of the rights of all parties involved. .5 Meetings of a board may be closed to the public. .6 If a board fails to achieve a settlement mutually satisfactory to the parties involved, it will recommend a means of settlingr the dispute to the executive committee (or comparable body) of the college, where final disposition of the case will be made. The decision shall ultimately rest with the faculty of the degree-granting college concerned.

TITLE 15 THE UNIVERSITY TRIBUNAL Some issues concerning the university community have substantial campus-wide interest or a great impact on members of the university community. The University Tribunal has the purpose of addressing these issues. Any member of the university community may upon showing substantial interest in or great impact by a particular statute, rule, regulation, policy or interpretation thereof, may petition for a review of this issue. The request for review must be made in writing to the Office of the Vice President for Student Affairs and addressed to the President of the University. At a minimum, the written request shall include the issue to be considered and the reasons why the issue is of campus-wide interest or could *-ave great impact on members of the university community. Before the tribunal addresses any issue brought before them, the following three criteria must be met: (1) any other body with the authority to dispose of the issue must have completed its actions regarding the issue, (2) the President has not made a decision on the issue in question within the academic session that the petition was presented, and (3) the issue is not a direct appeal of a case from the university discipline system. fcO.34 The request for the review shall be made in writing to the Office of the Vice President for Student Affairs. This shall be forwarded to the Office of the President of the University. Upon receipt of this written request, the President or his delegate shall convene the University Tribunal within ten (10) days of his/her receipt of the request. The University Tribunal shall be made up of three (3) faculty members selected from nominations submitted by the Faculty Senate, three (3) students selected from nominations by the UOSA President with the advice and consent of congress, and one (1) staff member selected froa nominations by the Vice President for Student Affairs. The tribunal's consideration of the issue(s) shall be informal, flexible and shall allow for the opportunity for all those having an interest in «~ the issue to provide input as to their viewpoints limited only by tribunal procedures concerning redundancy, irrelevancy, or time constraints. The tribunal shall not be bound by formal or technical procedures of law and shall strive to provide as wide an opportunity as possible for all viewpoints to be heard. The tribunal shall provide a recommendation to the president in writing within ten (10) days of the completion of the input concerning the issue. This recommendation shall include: the proposed action to resolve the issue, the tribunal's rationale for that action, and a summary of the differing views surrounding the issue. The recommendation shall be submitted through the Vice President for Student Affairs. He shall review the recommendation and forward it to the President with his concurrence or recommended modifications for final action. The president shall notify the principal parties of his decision within ten (10) days of receipt of the recommendation.

TITLE 16 VIOLATION OF LAW AND UNIVERSITY REGULATIONS 1. If a student is charged with, or convicted of, an off-campus violation of law, the matter is of no disciplinary concern to the institution unless the student is incarcerated and unable to comply with academic requirements, except: .1 The institution may impose sanctions for grave misconduct demonstrating flagrant disregard for the rights of others. In such cases, expulsion is not permitted until the student has been adjudged guilty by final judgment in a court of law. .2 Once a student is adjudged guilty in a court of law, the institution may impose, upon proper hearing, sanctions if it considers the misconduct to be so grave as to demonstrate flagrant disregard for the rights of others. .3 Nothing in this section shall be construed to prevent University from implementing disciplinary proceedings pending final adjudication in a competent court of law. 2. Under authority of this code, if the student is acquitted or the charges withdrawn, the institution shall review any previous action against the student, and may, after fair hearing in the judicial system of the University, impose further sanctions if the student is considered to have so shown a flagrant disregard for the rights of others that the safety and well-being of individuals in the University Community may be threatened. 3. The institution may institute its own proceedings against a student who violates a law which is also a violation of a published institution regulation.

.OT-035 TITLE 17 PROHIBITED CONDUCT Generally, institutional discipline shall be limited to conduct which adversely affects the institutional community's pursuit of its educational objectives, violates or shows disregard for the rights of individuals within the University Community, or damages property. University officials charged with enforcement of these regulations shall have the authority in execution of such enforcement duties, to perform such acts as are required to maintain the security, well-being, safety, or tranquility of the University Community or any of its members.

The following prohibited conduct may be punishable by suspension or expulsion: Arson; Malicious Mischief where the damage is over $250; Physical Abuse where there is the infliction of trauma, the use of a deadly weapon or the victim was a policeman; Intentional Disruption or Obstruction of teaching, research, administration, disciplinar- proceedings, or other institution activities; Theft where the value is over $250; Possession or use of firearms, fireworks, explosives or incendiary devices of any description including air rifles and pistols, on the University campus or in University housing; the use, possession, sale or distribution of narcotics, marijuana, or dangerous drugs.

Other conduct may be punishable by suspension or expulsion when; the conduct shows a wanton disregard for human life, the person is already on discplinary probation and commits a second offense which may result directly in disciplinary probation or more severe sanctions; or continuing repeated offenses. Where applicable some of the violations may apply to groups. The following misconduct is subject to disciplinary action: 1. All forms of dishonesty such as cheating, plagiarism, knowingly furnishing false information to the institution, forgery, alteration or misuses or being a part to the forgery, alteration or misuse of institution records or documents, including University *"" identification cards. When dishonesty is primarily related to an academic matter such as cheating or plagiarism, the provisions of the Norman Campus Academic Misconduct Code shall apply, (see Appendix A.) 2. Intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other institution activities, characterized by noise, blocking access or egress, property damage, or other actions of a similar nature. 3. Physical abuse of any person on institution premises or at institution-sponsored or supervised functions. Physical abuse is not limited to those actions causing personal injury. It may also include physically restraining somebody against their will, holding or transporting an individual against their will, or other similar actions. 4. Failure to comply with lawful directions of institution officials acting in performance of their duties. 5. Violation of published rules governing residence halls enacted in accordance with the residence hall and University of Oklahoma • Student Association. 6. Alcoholic Beverages.

j- j036 .1 Possession of alcoholic beverages (over 3.2% alcohol) by any person under the age of 21 is prohibited both by state law and by this Code. .2 Furnishing false identification for the purpose of obtaining beverages witn any alcoholic content is prohibited both by state law and by this Code. .3 Transportation of open alcoholic beverages (including 3.2Z alcoholic content) in the passenger section of a vehicle is prohibited by state law and by this Code. .4 Misconduct in connection with drinking that occurs at any event sponsored by an organization, or for the organization by its alumni. .5 Public drunkenness whether it occurs at scheduled social affairs or in informal unscheduled social situations. .6 Possession and consumption of alcoholic beverages (including 3.2Z beer) on University property outdoors, such as housing center lawns and the duck pond, or in other public areas on the campus is prohibited. Requests for exceptions to permit 3.2 beer only must be approved by the Vice President for Student Affairs subject to state and local laws, and to rules and regulations mutually established by the Vice President for Student Affairs and the UOSA. 7. Bribery, attempted bribery, acceptance of a bribe, or failure to report a bribe on the part of any player, participant, coach, referee, umpire, official, or any other person having authority in connection with any University of Oklahoma or National Collegiate Athletic Association athletic contest. 8. Intentional misuse of institution property to include but not limited to fire alarms, fire equipment, and elevators. 9. Malicious mischief is either the injury or destruction of property of another with malice. Malice in this instance shall be injury done wantonly and without justification. •"" 10. Theft is the unauthorized taking of property of another with the intent to permanently deprive the owner of it; whether the property was obtained by false pretenses or from the person of another by force. Theft shall also include the severance of real property subsequently carried away. 11. Littering of University property. 12. Possession or use of firearms, fireworks, explosives or incendiary devices of any description including air rifles and pistols, on the University campus or in University housing. 13. Hazing is an activity participated in or encouraged by student groups, its members,-or associates, in which prospective members or pledges are subjected or imposed upon to do onerous, denigrating or hazardous tasks. Student groups shall be assumed to be responsible for the actions of its members or associates for hazing violations. The university or prospective members may file a complaint of hazing against all parties as individuals and against the student groups. 14. Unauthorized entry, attempted entry into, or use of a University building or room, including fraternities, sororities, and all other approved housing. 15. The use, possession, sale or distribution of narcotics, marijuana, or dangerous drugs is prohibited by this Code.

5037 16. Defacement by writing, drawing, or marking of any kind upon any permanent interior or exterior wall, or sign, or similar vertical surface, in any medium, including chalk, paint, felt marker, etc., or any writing, drawing, or marking of any kind in any permanent medium, such as paint, upon any sidewalk, mall, patio, terrace, or street, except as authorized. 17. Disturbance of the public peace. 18. Violation of published institutional regulations, including those relating to entry and use of institutional facilities, the rules in this Code of Conduct, and any other regulations which may be enacted in accordance with the Constitution of the University of Oklahoma Student Association. 19. Alteration or defacement of current motor vehicle registration decals or parking permits. 20. Failing or refusing to pay upon demand by the University official the amount of any dishonored check given to the University or any organization for any consideration, including but not limited to, cash, books, tuition, fine arts tickets, or given in connection with enrollment for the purpose of being allowed to participate in <*ny event, shall be prima facie evidence of an intent to defraud and shall be a violation of this Code. 21. Attempts to commit acts prohibited by this title shall also be a violation of this title. Assisting in the commission of acts / prohibited by this title shall also be a violation of this title. 22. Every student shall keep Admissions and Records notified of his/her current school and permanent home address. Failure to comply with this regulation may result In disciplinary action. 23. Students are also subject to applicable Local, State and Federal laws. 24. Mental harassment - intentional conduct which is extreme or outrageous, calculated to cause severe embarrassment, humiliation, shame, fright or grief. For the conduct to be severe enough as to «** constitute mental harassment it must be of such a nature that a reasonable person would not tolerate the conduct. 25. Arson is the burning of a building or dwelling of another, which is willful and malicious.

TITLE 18 SANCTIONS 1. The following sanctions may be imposed upon students or student groups by the appropriate disciplinary body or administrative official. Information about a sanction imposed or any disciplinary record will be released only upon written consent of the student or in accordance with the guidelines established by Title 5 and this Title. .1 Admonition: An oral statement to a student that he or she Is violating or has violated institutional rules. .2 Warning: Notice, orally or in writing, that continuation or. repetition of conduct found wrongful may be cause for more severe disciplinary action. It becomes a matter of record In the Student Affairs Office but it is not entered on the official University transcript.

,038 .3 Censure: A written reprimand for violation of specified regulations, including the possibility of more severe disciplinary sanctions in the event of the finding of a violation of any institution regulation within a stated period of time. This type of action does not restrict the student in any way. It has two important implications: It means he or she is being given a chance to show he or she is capable and willing to live according to the rules without being penalized too severely, but in case he or she errs again he or she knows subsequent action will be more severe. The second implication is that it does become a matter of record in the Student affairs Office but it is not entered on the official University transcript. While the fact that he or she was under censure will not be made known voluntarily, if a specific question is asked whether the student has been involved in any discipline situations, there is no alternative but to give an accurate answer to the question. • 4 Disciplinary Probation: Exclusion from participation in <** privileged or extracurricular institution activities set forth in the notice for a period of time specified. Other conditions of the probation may apply to any other activities of the student in the University Community, except those which would affect his or her academic pursuits. This sanction becomes a matter of official transcript record. If, during the specified time of his or her probationary status, he or she requests a copy of his or her transcript, a letter will accompany the transcript. On the other hand, if the student has successfully fulfilled his or her probationary status, no letter will accompany the transcript and the fact that the student was on probation will not be ir.ade known voluntarily. However, if a specific question is asked whether the student has been Involved in any discipline situations, there is no alternative but to give an accurate answer to the question. .5 Restitution: Reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation. .6 Fines: In addition to or in lieu of other sanctions, courts may impose fines in accordance with the following maximums: Campus Disciplinary Boards-$50.00; Direct Administrative Action-$150.00; Campus Disciplinary Councils-$150.00. Should the hearing body or appropriate administrative official determine a fine would result in an unreasonable hardship on the defendant, a work program can be imposed in lieu of a fine. The in-lieu work program shall be jointly approved by the hearing board and the Vice President for Student Affairs or his/her delegate. .7 Educational alternatives: Where a punitive sanction may not be appropriate or sufficient by itself, the student may be required to participate in educational programs designed or selected by the hearing boards or proper administrative officials. The program the student is required to complete is subject to review or modification by the Vice President for Student Affairs or his/her delegate.

^039 2. The following sanctions may be recommended to the University President for imposition on students by the appropriate Campus Disciplinary Council or the proper administrative official: .1 Suspension: Exclusion from classes and other privileges or activities as set forth in the notice for a definite period of time not to exceed two years or until the conditions which may be set forth are met. The provisions related to record keeping shall be the same as described under the Disciplinary Probation category above. .2 Expulsion: Termination of student status for an indefinite / period. The conditions of readmission, if any, shall be stated in the order of expulsion. When an offense is so severe that the University will not allow the student to re-enroll, the student will be expelled. Expulsion is not a permanent separation, but neither is a definite time set when return is expected. If a student is reinstated after an expulsion, it is only after a complete consideration of his or her case, a. When a student has been expelled from the University for disciplinary reasons, this expulsion will be recorded on *" his or her academic record and will not be removed even if he or she should be reinstated. It is as permanent a part of his or her academic record as are the grades he or she has earned at the University. 3. Records of sanctions shall be maintained in the Student Affairs Office. .1 Records of the sanctions of Suspension and Expulsion shall be maintained permanently, subject to review as outlined in Section 4 of this paragraph. .2 Records of Disciplinary Probation shall be maintained for 4 years, subject to review as outlined in Section 4 of this paragraph. .3 Records of all other lesser sanctions shall be maintained for 1 year from the last day of the academic year in which the incident occurred or 15 months, whichever is shorter. .4 Students and former students who were sanctioned with Disciplinary Probation or Suspension for disciplinary reasons may request a hearing for expungement of record of sanctions two years after expiration of the sanction. This request must be submitted in writing to the Vice President for Student Affairs. The Vice President shall appoint an ad hoc committee of 2 students and 3 administrative staff members to review the request and make a recommendation. In cases of expungement of Disciplinary Probation, the Vice President shall approve or disapprove the request. In cases of expungement of suspension, the Vice President shall forward recommendations he/she approves to the Provost for final approval.

TITLE 19 PROCEDURE FOR AMENDING THE STUDENT CODE 1. All amendments and revisions to the Student Code must be approved by the Regents of the University of Oklahoma. 2. Any member of the University Community (students, faculty, and staff) may recommend a change in the Student Code. To do so, all such recommendations must be typed, giving reasons for the change, then submitted to the Office of the UOSA President or the Office of the Vice President for Student Affairs. Unless unusual circumstances exist, which may be determined by the Revision Committee, the Vice President for Student Affairs, or UOSA Congress, *040 all code changes shall be proposed, considered, and acted upon during the regular fall and spring academic periods. All proposed changes to the Student Code, whether proposed by the Student Association, University Administration, or other members of the University Community, must be submitted in accordance with the procedures set forth within this article. 3. Proposals shall be submitted to the Student Code Revision Committee. After review and/or recommendations, the committee shall forward the final proposed changes to the UOSA Student Congress. The Congress, after review and/or recommendations, shall within 15 days after receipt of said proposed changes, forward all proposed changes to the President of the University who will present them to the Regents, with his/her recommendations. Any committee member may / submit a dissenting opinion with alternative recommendations to the Congress and President for consideration. 4. "Upon approval by the Regents, the amendments and/or revisions will be adopted into the student code. Publication in this document or publication in the Oklahoma Daily for five consecutive issues shall constitute notice of approved amendments and/or revisions." .1 The Revision Committee shall consist of 2 students appointed by the UOSA President, 2 faculty or staff persons appointed by the Vice President for Student Affairs, the UOSA President, the ^ Associate Vice President for Student Affairs, the Chair of UOSA Congress, and the Director of Housing Programs. The appointments to the Committee by the UOSA President and Vice- President for Student Affairs shall be for one academic year. The UOSA President and Vice President for Student Affairs may remove their appointees for repeated absences at committee meetings and appoint another person to complete an unexpired term. .2 The Revision Committee shall establish its own rules of procedure. At a minimum, it shall include: —any proposal forwarded shall be typed —any proposal forwarded shall be accompanied by a typed rationale for the revision. —any proposal forwarded shall include the final votes in writing of those committee members voting. At least 4 committee members must vote for a proposal before it can be considered an official revision recommendation. .3 Any member of the Revision Committee may request its convening. . .4 If the Code Revision Committee determines an emergency exists that makes it necessary to consider and act upon code change proposals in the summer interim period, the UOSA Summer Legislative Council shall make the recommendation on the proposals in lieu of Student Congress.

APPENDIX A. Norman Campus Academic Misconduct Code B. Student Discrimination Grievance Procedure C. Obligation and Collection of Student Debt D. Parking and Traffic Rules and Regulations

[O.G. Register 82-391; filed July 29, 1982, 11:00 a.m.]

-r04l EMERGENCY RULES AND REGULATIONS

PROFESSIONS AND OCCUPATIONS

Board of Chiropractic Examiners

The Administrative Procedures Act, Sec: 213, and the Rules and Regulations of the Board of Chiropractic Examiners, State of Oklahoma, Article V, Sec: 501C, provides; "If the Board finds that an eminent peril to the public health, safety, or welfare exists", it may adopt an emergency rule.

It is the opinion of the Oklahoma Board of Chiropractic Examiners that Senate Bill #565 allows the Doctor of Chiropractic to administer injectable vitamins and minerals to their patient. The Board feels that a general knowledge in the use of injectable vitamins and mi nerals is in the best interest and protection of the public.

As a consequence, the Oklahoma Board of Chiropractic Examiners adopted the following emergency rule at its regular meeting July 10, 1982:

No Doctor of Chiropractic licensed and practicing in the state of Oklahoma shall administer or cause to be used, injectable vitamins or minerals until he or she has taken a Board approved program and been certified by the Oklahoma Board of Chiropractic Examiners asbeing proficient in the administration and use of said injectables."

/'\ S pWgraio for certification is being pursued at this time. '''\> .•• [O.G. Register 82-384; filed July 19, 1982, 10:30 a.m.]

5*043 STATE GOVERNMENT

Ethics and Merit Commission

July 22, 1982 Special Meeting of the Oklahoma Ethics and Merit Commission, Held in Room G-40, Jim Thorpe Building, State Capitol, Oklahoma City

The Ethics and Merit Commission hereby finds that an imminent peril to the public welfare exists. In order for the Oklahoma Office of Personnel Management to carry out its statutory responsibilities, amendments to the Rules of the Merit System of Personnel Administration are immediately necessary. The attachetfproposed amendments to these Rules are hereby adopted on an erergency basis as provided in 740.5 1981, Section 303, as amended in H.B. 1815, enacted in the Second Session of the 38th Oklahoma Legislature, under authority of S.B.339, enacted by the Second Session of the 38th Oklahoma Legislature. Filing of these Rules shall be in accordance with 750.5 1659, enacted by the Second Session of the 38th Oklahoma Legislature.

Commission Members: A; Camp Bonds, Jr. - Vote Myes" J. D. Bottoms - Vote "yes" Elanor S. "Scotty" Eatherly - Vote "yes" D. Jo Ferguson - Vote "yes" Ken Meier - Vote "yes" Earl D. Mitchell - Vote "yes" Tom R. Moore - Vote "yes" Stacy Nash - Vote "yes" Mike Sullivan - Vote "yes"

,043 100 DEFINITIONS.

The following words and phras«s, when used 1n these Rules, shall have the following meaning: (1) "Act" or "Merit Act" means the Oklahoma Law creating the Merit System of Personnel Administration and any amendments thereto. (2) "Absence without leave" means any absence of a classified employee from duty without specific authorization, either before or after such absence. (3) "Absolute preference veteran" means a veteran, spouse, unremarried surviving spouse, or dependent parent of a veteran entitled to preference under Oklahoma Law, and in receipt of compensation on account of a service-connected disa­ bility payable at the rate of ten percent (10%) or more. The name of an absolute preference veteran who passes all parts of an open competitive exami­ nation shall be placed at the top of the register, and such person shall have the right to appeal being passed over for appointment 1n favor of a person who 1s not an absolute preference veteran. (4) "Administrator" means Merit System Administrator. (5) "Agency" means any legally constituted board, commission, office, authority, agency, department or other branch of the state government in which all positions are under the same Appointing Authority. (6) "Allocation" means the assignment of a position to an appropriate class on the basis of duties, authority and responsibilities assigned. (7) "Appointing Authority" means the officer, board, commission, person or group of persons having the power by virtue of a statute or lawfully delegated authority to make appointments and remove persons from employment. (8) "Board" means the State Personnel Board. (9) "Certification" means tM act of submitting the required number of available names on an appropriate register to an Appointing Authority for the purpose of making a selection 1n accordance with these Rules. (10) "Class" or "class of positions" means a group of positions which are suffi­ ciently similar in duties and responsibilities that each position in the group can be given the same job title, requires the same minimum qualifications as to education and experience, can be filled by substantially the same tests of ability or fitness and is of a similar level of job work and, therefore, deserves the same salary range. (11) "Classification" means the placement of an incumbent employee into the class to which the person's position is allocated. 1121(11) "Classification plan" means the orderly arrangement of positions within an agency into separate and distinct classes so that each class will contain those positions which involve similar or comparable skills, duties and responsibilities.

,044 (13) (12) "Classified employee" means an employee occupying a position 1n the classi­ fied service, or an employee currently on leave in accordance with established leave regulations. (14) (13} "Compensation plan" means a schedule of salaries or hourly wages established for the several classes of positions recognized in the agency classification plan so that all positions of a given class may be paid the same salary range established for the class. (15) (14) "Demotion" means a change of a classified employee from a position 1n a given classification to a position in a lower classification. Normally, the lower classification will have a lower entrance salary. Demotion may be voluntary or Involuntary. (16) "Direct reclassification" means a change 1n an employee's classification as a result of the adoption of a more appropriate class specification. If directly reclassified, an incumbent is not required to possess the minimum qualifi­ cations nor to be examined, but must be probationary or permanent in order to be eligible. (17) (IB) "Eligible" means a person who has been certified by the Administrator as possessing the qualifications for appointment to a given class of positions. (18) (16) "Emergency" means a situation in which an agency requires the immediate services of one or more persons. (19) (17) "Emergency appointment" means an appointment made when an emergency exists, without regard to the minimum qualifications of education and experience, and the rule for hiring. (20) (18) "Examination" means all the tests of fitness that are applied to determine eligibility of applicants for positions in any class in the classified services. (21) (19) "Leave of absence without pay" means leave or time off from duty granted by the Appointing Authority, for which period the employee receives no pay. (22) (20) "Minimum qualifications" means the requirements of education, training, experience and other qualifications Including those to be measured by an appropriate examination, as prescribed in the class specification for a class of positions. (23) (21) "New position" means a position not previously existing. (24) f22) "Non-competitive appointment" means the appointment of a person to a class of positions assigned to the non-competitive branch of the classified service. (25) (23) "Open competitive examination" means an examination which permits the compe­ tition of persons who meet the requirements of the official announcement for the position, and is not restricted to persons currently employed in the classified service. (26) (24) "Original appointment" means the appointment of an individual to an agency for a probationary period through selection from a register or through non-competitive selection 1n accordance with these Rules.

"V s*045 (27) (26) "Part-time employee" means an employee who works less than full-time. (28) (26) "Permanent employee" means an employee who has completed the required pro­ bationary period, or who has acquired permanent status in conformity with the Merit Act. (29) (2?) "Position" means a group of specific duties, tasks and responsibilities assigned by the Appointing Authority to be performed by one employee; a position may be part-time or full-time, temporary or permanent, occupied or vacant. (30) (28) "Probationary employee" means a person appointed from a register of eligibles or employed through non-competitive appointment and serving a probationary period. (31) (29) "Probationary period" means a working test period during which an employee 1s required to demonstrate fitness for the position to which appointed by the satisfactory performance of the duties and responsibilities of the position. (32) (30) "Promotion" means a permanent change of a classified employee from a position in a lower classification to a position 1n a higher classification. Normally, the higher classification will have a higher entrance salary. (33) (31) "Provisional appointment" means the appointment of an individual meeting the minimum qualifications of training and experience to a position pending the establishment of an adequate register. (34) (32) "Reallocation" means the peassignmeRt ei» a change in the allocation of a position by raising it to a higher, reducing it to a lower, or moving it to another class, ef the same level en the basis ef si§RifieaR* ehanges in ;he kiRd 9F diffieulty ef the daties and pespeRsibilities 4n sueh pesitieRT and officially assigning te that pesitieR the class title fei» sweh apppeppiate class ef pesitieRSv (35) "Reclassification" means a change of an employee from one class to another class. The only time that an employe., can be reclassified directly is when he or she is an incumbent in a position that is reallocated because a new class specification 1s adopted. In all other cases, reclassifications are made by promoting, aemoting or transferring an employee from one class to another. (36) (33) "Register" means an officially promulgated list of eligibles for a class of positions 1n the order of their final rating in an examination as provided herein. (37) (34) "Register life" refers to that length of time, during which, a person's name may be continuously or intermittently on a register as a result of an open competitive examination. After the expiration of an examination's register life, the person must reapply and be re-examined in order to be eligible for open competitive appointment. (38) (36) "Reinstatement" means the re-employment of a permanent employee as provided 1n these Rules or the placing of a probationary or permanent employee's name back on a register as provided herein.

*046 (39) "Specification" also called CLASS SPECIFICATION and JOB SPECIFICATION means the written document that describes a class of positions. It includes the title of the class, a statement of the general nature of work, examples of representative tasks/duties, and the minimum qualification requirements.. (40) (36) "Statewide register" means a register of all eligibles for a class of posi­ tions, ranked In the order of their examination scores. (41) (37) "Subreglster" means an officially established list of eligibles, residing 1n a county or other designated administrative area 1n the order of their final rating in an examination. (42) (38) "Transfer" means a change of a permanent employee from one geographical location to another geographical location or from one classified position to the same or a comparable classified position of equal rank. (43) (39) "Working out of proper classification" refers to the assignment of a classi­ fied employee to perform work which cannot be reasonably identified as properly within the employee's classification, nor as related work, nor as a reasonable extension thereof 1n a training capacity. 305 POSITION REALLOCATION. Whenever* the organisation ef an ageRey ei* the duties ef a position are changed er a pesitieR appeals te have been iReerrectly allocated? the Beard shall upon its BWR initiative er at the request ef the AppeiRtiRg Authority? iRvestigate the duties ef the affected pesitieR* After conferring with the ageRey and reviewing ..geney pecemmeRdatieRS aRd-suggestieRS the Beard shall peal^ecate the pesitieR te an appropriate class* RealleeatieR shall net be used te aveid previsieRS ef the Merit Act er ef these Rules in dealiRg with layoffs? demetieRS? ppemetiens? •* dismissals* Whenever 1t appears that a position 1s not correctly allocated, the Office of Personnel Management shall study the position and allocate it in tne same manner as a new position in accordance with Rule 304.' 306 STATUS OF INCUMBENTS WHEN POSITIONS ARE REALLOCATED. In all eases ef reallocation the employee in the pesitieR when it is reallocated shall be entitled te serve therein with the classified status that the emple >ee had in the pesitieR before its reallocation? provided such employee meets the minimum qualifications for the class te which the pesitieR is reallocated If ineligible for reclassification te the pesitieR as reallocated-* the employee may be transferred* promoted? er demoted by appropriate action in accordance with the provisions ef these Rules*

306 STATUS OF INCUMBENTS WHEN POSITIONS ARE REALLOCATED. (A) If a new specification 1s adopted which better describes the Incumbent's job, and if prior to the adoption of the new class the incumbent employee's classi­ fication matched the allocation of his or her position, then it shall be the responsibility of the Appointing Authority to insure that all such proba­ tionary or permanent employees are directly reclassified within sixty" calendar days after the adoption of the new specification.

£04? (B) If a position 1s reallocated under any conditions other than those outlined in (A), it 1s assumed that either a significant change has occurred in the position, or that the employee has been moved from another position. In either case the incumbent must be prooerly classified. This may be accom­ plished by moving the employee to another position that matches his or her current classification, or by promoting, demoting or transferring the employee to the proper class (n accordance with the rules governing those actions. Except, if an Appointing Authority certifies to the Administrator that the duties of the position have changed, and that the employee has not been moved from another position, the agency shall not be required to post the position as vacant. However, the Appointing Authority must post such certifi­ cation in the same manner as a promotional vacancy. Incumbents who are Ineligible for promotion, demotion, or transfer to the class to which the position is reallocated because of status, qualifications, or examination may remain in the position for a period not to exceed twelve months Trom the date of allocation. If, at the end of that time, the incumbent is still ineli­ gible, then some action provided by these rules must be taken by the agency to remove the employee from the position.

307 RECLASSIFICATION DUE TO ADOPTION OF A MORE APPROPRIATE JOB CLASSIFICATION. Notwithstanding the rules eeneerniRg pesitieR realloeatioR? whenever a position is peidentified by a newly developed job elassifieatioR? er the current one is being revised? aR employee- in the pesitien se affected shall be eRtitled to serve therein with the classified status that the employee had before reclassification? provided there had not been a significant ehaRge 4R the duties assigned since the position was last classified er reviewed fer proper classification* ,he sole purpose ef this rale is te facilitate better -fob classification? job related minimum qualifications ef education? training anr^er work experience, and competitive and equitable salary administration* Questions concerning the proper use ef this rule shall receive final adjudication by the Beard* 420 ENTRANCE SALARY. The entrance salary for any classified position within an agency shall be at the minimum salary for the class to which the employee is appointed, except: (1) When the agency submits a written statement setting forth that economic or employment conditions making recruitment of eligibles at the minimum rate for the class difficult and (a) the class has been announced for a minimum of thirty (30) calendar days; and (b) the number of persons on the register available for certification is inadequate or a certificate of all available applicants 1s depleted to an inadequate number; the Administrator? with the approval ef the Board? may authorize appointment of qualified eligibles at a higher rate within the salary grade for the class in a limited geographical area or in positions in a class where employment conditions are unusual. Such higher rate shall remain in effect until the Beard Administrator orders such rate rescinded or the salary grade is adjusted. Such special entrance rates shall be at a step above the minimum for the range, but not above the fifth ninth step of the salary range prescribed by the agency plan for that class of positions. All employees 1n the same class who are earning less than the higher rate shall be increased to the approved entrance rate, and thereafter all new employees shall be appointed at the higher entrance rate. For purposes of promotion, such rate shall be considered to be the minimum rate. (Class Special Entrance Rate) ^048 (2) Any employee who returns from authorized military leave may be paid at the salary rat* for which he or she would have been eligible if the employee had not gone on military leave, at the discretion of the agency and in accordance with Rule 440.4. (3) The pay of a permanent employee who has been reinstated in accordance with Rule 1250 shall be fixed as follows: (Also see 420 [51) An employee who 1s reinstated to a class of positions previously held or to a class of positions to which the employee has been certified by the Adminis­ trator as meeting the current qualifications may be paid, at the discretion of the Appointing Authority, any rate or step at or below the highest rate or step paid while employed in the classified service which shall not exceed the maximum rate of pay for that class as listed on the salary schedule. Salary increases shall be in accordance with the provisions of Rule 440.4, as with a probationary or permanent employee. (4) Persons appointed from re-employment lists shall receive the salary they were receiving at the time of layoff. (5) Notwithstanding Subsection (1) above, an Appointing Authority may, with the prior approval of the Administrator and at its discretion, offer applicants who exceed the minimum qualifications for a class of positions, either the first? seeend? third? fourth? er fifth step any step up to and including the ninth'step in the grade for that class of positions depen.ing upon the eli- gible's qualifications and the needs of the Appointing Authority. Requests for Individual special entrance rates shall be 1n writing and must describe how the applicant exceeds the minimum qualifications. Such requests must be approved by the Administrator prior to offering an applicant an individual special entrance rate. Individual special entrance rates may not be approved for classes of positions which possess neither education or experience requirements. Such individual special entrance rates would affect that applicant only and would not require any salary changes for other Incumbents in the same class of positions. (Individual Special Entrance Rate) 434 RATE OF PA¥ WHEN POSITION IS REAllQSATEP* When a position is reallocated? the incumbents pay shall be fixed in accordance with the Rules governing pay upon promotion? demotioR er transfer? whichever is applicable? except? that the compensation ef an employee demoted as a result ef the reallocation ef the position occupied by the employee shall net be decreased as a result ef the action? provided his er her duties are not changed* RATE OF PAY WHEN INCUMBENT IS RECLASSIFIED DIRECTLY. When an employee is reclassified directly under Rule 306 (A), pay shall be fixed in accordance with the provisions of Rule 421.57

*049 434*1 RATE OF PA¥ WHEN POSITION IS RE6WASSIFIE9 UN9ER RUfcE 307* When a position is reclassified under Rule 307? the incumbents pay shall be fixed in accordance with the provisions ef-Rule 421*4* 435 SAURY UPON PROMOTION. No employee's salary shall be reduced as the result of a promotion. The salary of an employee who is promoted shall be advanced to the minimum rate of pay for the new class of positions if the salary before promotion fell below such minimum rate. However, if the new rate of pay upon promotion would represent less than the equivalent of a two (2) four (4) step increase, then the employee may be advanced one (1) additional step steps at the discretion of the Appointing Authority, without regard te Rule 440*4 not to exceed a maximum of a four (4) step increase above the salary held in the previous class. If the empleyee-s salary before promotion is equal te or above such new minimum rate? the employee may? at the time ef promotion? receive a salary advancement to the next higher step er te the next higher step plus one (1) additional step at the discretion ef the Appointing Authority without regard to Rule 440*4* In either case, a new anniversary date shall be established in accordance with Rule 440.5, and, thereafter, salary increases shall be given 1n accordance with Rules 440.4 and 460. 550.1 TIME. PLACE AND MONITORS. Written tests for any class of classified positions shall be conducted simul­ taneously in as many places as are necessary for the convenience of the applicants and as are practicable for proper administration. The Administrator, with the approval of the Board, may designate such monitors and oral examiners as may be necessary to conduct examinations under instructions prescribed by him or her and provide for their compensation in accordance with the approved budget for the purpose. The Administrator may also arrange for the use of buildings in which to conduct the examinations. On all written examinations aR applieaRt shall have at least four (4) hours te take the examination* 661*4 TRAINING AND EXPERIENCE* If training and experience form a part ef the total examination? the Administrator? with the approval ef the Board? shall determine a procedure for the evaluation ef the training and experience qualifications ef the various applicants* The formula used in appraisal shall give due regard te recency and quality as well as quantity of experience and te the pertinency ef the training* This procedure shall allow for the substitution ef training for experience and experience for training? within the limits stated in the class specifications*

[O.G. Register 82-388; filed July 23, 1982, 10:30 a.m.]

*050 STATE GOVERNMENT

STATE OF OKLAHOMA Office of State Fire Marshal COMMISSION1, 4030 LINCOLN BOULEVARD • SUITE tOO **~~ JACK C SANDERS Store Fmt MMI^ OKLAHOMA CITY. OKLAHOMA 73IOS C ST_%.c> --A- -.« 409/424-4371 JACK - D_0 3-% June 25, 1982 ^S:': BRUCE V4r.-r.E-

The Honorable George Nigh Goveriioi, State of Oklahoma State Capital Oklahoma City, Oklahoma 73105

Subject: Emergency Rule and/or Regulation

Dear Governor,

In reference to State Fireworks Laws 68 O.S. 1981 S 1623 0>) and in keeping with the decision of the United States District Court for the Western District of OKlahoma (CIV 82-737R) we file the following emergency rule.

The State Fire Marshal interprets the applicable provisions of the State Fireworks Laws to prohibit INTRASTATE as well *__• INTERSTATE direct mail sales of fireworks to CONSIDERS, and we proclaim by this emergency rule that we support the judicial inter­ pretation and intend to enforce this provision of the law as stated above.

FIRE MARSHAL COMMISSION approved June 25, 1982 • . » 1/9 '

Jbp. \ zCe*+*

Respectfully,

>-yack C. Sanders £/State Fire Marshal

[O.G. Register 82-402; filed July 29, 1982, 3:30 p.o.l

*05•**•. l PUBLIC LANDS

Commissioners of the Land Office FILED JUL 1 6 1982 EMERGENCY RULES AND REGULATIONS OKLAHOMA SECRETARY, OF OF STATE THE COMMISSIONERS OF THE LAND OFFICE STATE OF OKLAHOMA

ENABLING ACT AND OKLAHOMA CONSTITUTION 64 O.S.§260 (1971) et. seq. 75 O.S.§301 (1971) et. seq."

RULES AND REGULATIONS - GOVERNING SURFACE LEASING FOR AGRICULTURAL OR COMMERCIAL PURPOSES RULES AND REGULATIONS - FIRST MORTGAGE AGRICULTURAL FARM LOANS RULES AND REGULATIONS - SALE OF LAND

HEARING HELD JULY 15, 1982 ROOM 122, STATE CAPITOL BUILDING

MEMBERS VOTING FOR ADOPTION OF AMENDED RULES AND REGULATIONS: Honorable George Nigh, Governor and Chairman Honorble Spencer Bernard, Lt. Governor and Member Honorable Leslie Fisher, State Superintendent of Public Instruction and Member Honorable jack D. Craig, President, State Board of Agriculture and Vice Chairman

MEMBERS VOTING AGAINST ADOPTION OF AMENDED RULES AND REGULATIONS: Honorable Tom Daxon, State Auditor and Inspector and Member

>?05 2 RESOLUTION OF _*-r.i;CKNCY AliO PliJ*V_CATlON Ot* EMERGENS* kuLfcS At;_ REGULATION-

WHEREAS, the Legislature o£ the State of :">* l-ho.?.,! has adjourned the Second Regular Session of the inirty-Eighth Leji-iaturc, and will not again be in session until after the lit day it. January, 1033, and Rules and Regulations :;:ay only, unless an ercetgency exists, oe auopted while the Oklahoma Legislature ia in -jession; an J,

WHEREAS, tho donoraole Joe Cannon, Judge •>' tho Seventn Judicial District, Oklar.o.v.a Couwty, ::tat-? f.f C\ia!,o.;.a, : as declared un-onst i f:tt mal, on tneir t'uc, Ruler, .in I l«>.| 11 it i on-, adopti-d by the Commissioner- ot the Land otlice, July 6, t^J., lor the rc-ion that said Rules and Regulations were, in his opinion, ". unconstitutional, violative of both the OKI a .'visa and I'-in-.-.l itates Consti*. Jt 1 jns, as w-ll a^ tho Oki.ihor.a Fnaolmi Art, the opinion of tr.e OKlahoxa Supreme Court in o.E.-\. v. M-;n. '-••. a_l, 6-Jj P..J 230 iOkl. 1932), . . ." and violative ot L prior order "Ji" trie Court; and,

>iii_RCA3, it is absolutely and i.a-! _d iat-ly necessary for the protection o£ the lands ot trie Trust, int'-resta j£ t:.e bonef iciaries ot the Trust, and •..-.<• people oi Qklflior. i to have .;a-. I land, leased; and,

WHEREAS, it is also JOSJ1UU-1, and i.r.r.ed lately necessary to protect inco.se interests of the beneficiaries .;nd people of oklit.omi; and,

WHEREAS, Rulea and Regulations oy either tuc ou"':i the „»iwfi:i.iri':!i zr t;.o Trust and the people ot OKlahor.a, and iucn interests are in iit.r.iner.t peril o£ Leing da.-.agcd, perhaps urevocaol/,

NOW, TilEHtKC:-i., the Co-.m i •• i loner-? or ti.'- Laii-i Oi I ice find .in.l declare, pursuant to their Const i tut '.oi-.al i.,ties, tr.at an irvi. lr. .-nt poril to the public r-.c-ilth, ;_:"-.-ty a;*.d «olf.it- .xistr., ,i!,d an f-,._-t jency exists which .--ar.sates tho aiopt'.cn of •.-•••r:v'. .•/ yules and Ri.-'juia ticns to govern leasing and lending of 7ru:;t assets nt fair r.arkyt rates. _.4--v-^i-^ GEonc.E\M'jii\ c.Jv'Li-.iy'jx .\NU C:AIK:'.«:) 7<7?}\ ffrsrs. W^cj^J/ sVe'lcVrt L.'Ji'.hAxO, LT. COVE.-.aOR AND KLMH-R £*-_ t^o. TOM ':.•.:•.,::., / .JlAri A'JtJlTCK AN_ IN_Pfc.CTu!< A.NP MIOT-'-OT^'J

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Jb,_i_, . K J. ci;Ai:., P. .:.;ILE:,-->R.-.\TE L«OAR_ ACI'.ICULTLKE /-."jn VICE U?A:::.U,A:J

7

5-J05 3 2-200. FIRST MORTGAGE AGRICULTURAL LOANS

2-201. Applicant Qualifications; Title Requirements. The applicant for a loan must be a resident and citizen of the State of Oklahoma. He must own legal or equitable title to the land offered as security, as determined by the Marketable Record Title Act.

2-202. Application Fees. Applicants shall deposit with their application loan processing fee specified in Schedule of Fees adopted by the Commissioners and in use on date application is filed with the Land Office.

2-203. Affidavit of Possession. Affidavit of possession of any person other than the applicant, who rents, leases or otherwise has possession of any part of the land or improvements thereon, must accompany each application. Form will be furnished with the application.

2-204. Order of Processing. The necessary services incident to the making and closing of loans shall be rendered as nearly as practicable in the chronological order in which applications are filed.

2-205. Lands Located Within Conservancy Districts. Applicants whose land lies within an organized conservation district must agree to comply with the soil conservation program of the district and submit with his application the certificate of such agreement of compliance signed by an officer of the local soil conservation district. Form will be furnished with the application.

- 1 - 5:054 A. The fact that lands are located within a conservancy district will have no effect on the eligibility of the lands for a loan from the Commissioners, provided the abstracter certifies that there has been no assessment of taxes by the district on such lands. B. If assessments have been made on the lands by the district and the assessments have been paid and the lien for such assessments has been released, the lands will be acceptable as security for a school land loan. C. If assessments have been made on the lands by the district and have not been paid but no bonds have been issued, the lands will be eligible for a loan, since the assessment can be paid in full from the proceeds of the loan and the lien released.

2-206. Security For Loan. The security for a loan must be good and improved farm or grazing lands, located within the State. The amount of the loan cannot exceed fifty percent of departmental appraiser's value of the land, without the improvements.

2-207. Appraisals. Prior to any application for a loan being submitted to the Commissioners for approval, the land being offered as security for the loan shall be appraised by an appraiser of the Land Office. All appraisals, using forms provided by the Commissioners of the Land Office, will be made in accordance with accepted methods and techniques of national appraisal societies, such as: Appraisers Institute, Farm Managers and Rural Appraisers, Independent Fee Appraisers Society; or other recognized appraisal societies.

A. In making appraisal, the appraiser shall determine: 1. Physical characteristics of the farm; 2. Buildings and other improvements; 3. Neighborhood data; 4. Production, income, and expense data; and 5. Comparative sales data.

OT**>051 5 - 2 - B. The appraiser shall conduct a personal examination of the actual physical characteristics of the property as they appear on the date of the appraisal and shall consider the following: 1. Quality of the soil and its productivity; 2. Amount and availability of soil moisture; 3. Timber or crops on the property; 4. Quantity, quality and durability of supply of water for residential use, farm use or irrigation; 5. Slope of land; 6. Quality, extent and adequacy of drain­ age and condition of drainage tile; 7. Degree of erosion; 8. Location of property in relation to towns, other similar properties and to hazardous weather areas; 9. Location, quality, and condition of boundary and inside fences; 10. Acreage of each field in cultivation and crops grown, pasture or waste; and 11. Buildings on the land; and other structural improvements including roads. C. Appraisers shall determine "market value" of the property, defined as the highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale: buyer and seller, each acting prudently, knowledgeably and assuming price is not affected by undue stimulus. "Market value" presumes that on date of appraisal there exists the following conditions: 1. Buyer and seller are typically moti­ vated; 2. Both parties are knowledgable about all uses of the property and each acting in his own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in cash or its equiva­ lent; 5. Financing, if any, is on terms gen­ erally available in the community at the specified date and typical for the property type in its locale; and

*056 - 3 - 6. The price represents a consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs or credits incurred in the transaction. D. For purpose of determining "market value" the appraiser shall utilize three approaches: Direct Sales Comparison, Capitalization of Income, and Cost methods, if applicable, and shall reconcile the three on the basis of which data appearing to be most reliable, provided, that a weighted preference shall be given to the Direct Sales Comparison method. 1. Direct Sales Comparison. The appraisers shall compile as much data as possible under the circumstances for the most recent sales of comparable properties in the general area of property being appraised in recent period. Properties used for comparable sales analysis shall be evaluated on basis of similarity of such properties to the property being appraised, and the market value of the property being appraised shall be adjusted, up or down, depending upon dissimilarities between comparable properties. Principle points of comparison for determining similarities of properties are: (a) Location; (b) Soil and topography; (c) Water resources; (d) Dwelling; (e) Other essential buildings; (f) Allotments; (g) Proportion of cropland to total land; (h) Farm layout and arrangement; (i) General appearance; (j) Accessibility to services and facilities; (k) State of cultivation; (1) Woodland; (m) Pasture; (n) Urban or rural orientation; and (o) Alternative uses.

*057 - 4 - 2. Capitalization of Income. The appraiser shall estimate average yearly earnings of appraised property and divide the estimated annual earnings by a capitalization rate of general application in the area. 3. Cost Approach. An indication of value under this approach is obtained by adding the value of essential buildings to the market value of the land. Depreciation must recognize functional and economic obsolescence as well as physical deterioration in building value. Non-essential and extremely old buildings may have insurance value but would not add to overall building value. Market value of the land will be value of the land without buildings. It will include land development of a permanent nature. A value per acre for land resources will be determined by analyzing sale price of comparable land. E. Appraisal Report. A written report of appraisal, on form provided by Commissioners of the Land Office, setting forth the estimated value, shall be prepared and presented to the Commissioners of the Land Office. Appraisals are public record and are available to the general public in accordance with 64 Okl.St.Ann. 1981,§61(A). The report shall conform with the above guidelines.

2-208. Loan Limits. No loan shall be made on any tract of land of less than 20 acres, nor for an amount less than $1,000.00. All loans shall be in multiples of $100.00. 2-209. No Loans to State Officals. No loan can be made to any elected or appointed State Official, whether legislative, executive or judicial, during the term of his office or during his candidacy for elective Office.

- 5 - *058 2-210. Title Through Heirs. Title to the land coming to heirs or devisees of deceased persons will not be accepted unless there has been a legal determination of heirship by a court of competent jurisdiction.

2-211. Increased Loans. An increased loan must take the status of a new loan and will be subject to the same rules, except as to the application fee, when identical lands are offered as security.

2-212 Interest Rates It is the policy of the Commissioners to charge the maximum competitive interest rate. First mortgage farm loans entered into by the Commissioners will bear a variable rate of interest subject to change monthly. Review of interest rate charged by the Commissioners on first mortgage agricultural land loans shall be a permanent item of business on the agenda for each regular meeting of the Commissioners. Upon recommendation of Staff, interested parties, or any Commissioner, the Commissioners may consider adjusting the interest rate as they, in the exercise of their authority, may deem to be in the best interest of the trust estates. Any change in rate will be effective on date as established by the Commissioners. The Commissioners may adopt as an interest rate, that which is published in the "Wall Street Journal" as "Prime Rate" under the heading "Money Rates" and defined as the base rate on corporate loans at large U.S. Money Center Commercial Banks. If two, or more, rates are published in the same paper, then the higher rate shall be used. 2-214. Other Loan Terms. A. No first mortgage agricultural land loan shall be made for a period of greater than thirty-three (33) years. Loans shall provide for annual or semi-annual installments of principal and interest sufficient to amortize the loan over the loan term.

*059 - 6 - B. The Commissioners shall permit payment of a loan in part or in whole as provided in 64 Okl.St.Ann.§52. C. Applicant shall provide such information as shall be deemed necessary by the Commissioners of the Land Office. D. A release of a part of the land mortgaged as security for a loan which bears a variable rate of interest may be given at the discretion of the Commissioners; provided, that 1) repayment is made of money loaned on that tract to be released; 2) payments are current and the loan is in good standing; and 3) that appraised value of remainder of land is sufficient to meet legal requirements to secure loan balance. Provided, further, that the Commissioners may at their discretion release up to a total of ten (10) acres without payment, if loan principal has been reduced a sufficient amount for loan to meet legal requirements. Release of a part of the land mortgaged as security for a loan which does not bear a variable rate of interest will not be given. Except, the Commissioners, at their discretion, may release not to exceed a total of ten (10) acres as provided above. Provided, further, the Commissioners may, at their discretion, honor a commitment to release more than ten (10) acres of security from a fixed rate loan where commitment was made prior to adoption of these rules and regulations upon repayment of amount loaned on tract to be released. E. The Commission may in their discretion charge initiation and/or origination fee and/or points in order to obtain a farm loan from the School Land Commission.

2-215. Cancellation of Applications. Failure of the applicant to comply with any departmental requirements within a reasonable time will be grounds for cancellation of application. If any loan is not completed within 12 months subsequent to date of departmental appraiser's report, through fault of the applicant, the application will become automatically cancelled and can only be reinstated by written application and reappraisal of the land and payment of cost thereof.

- 7 - >0«0 2-216. Fees for Filling Out Applications. No fees or commissions are to be paid for filling out the application or to secure a loan, except as maybe required by statute or permitted by the Schedule of Fees adopted by the Commissioners.

2-217. Subordination of Mortgage to Oil & Gas Leases. Subordination of mortgage to an oil and gas lease may be granted at the option of the Commissioners to allow the payment of bonuses, rentals and royalties to the oil and gas lessor, who is mortgagor to the State. If such mortgagor has executed an assignment which provides for payment of rentals, royalties, or bonuses under the oil and gas lease to the Department, the Commissioners at their option may give notice in writing to the oil and gas lessee of the State's desire to receive payment of the bonus, rentals and/or royalties.

2-218. Loans Exclusive of Improvements; Insurance. Loans are made upon value of the land exclusive of improvements. The Commissioners will not require insurance on buildings upon the mortgaged premises.

PART IV: RULES & REGULATIONS GOVERNING SURFACE LEASING FOR AGRICULTURAL OR COMMERCIAL PURPOSES

4-100. DEFINITIONS. 4-101. "Oklahoma" means the State of Oklahoma, and "State" means Oklahoma.

4-102. "Commission" or "Commissioners" means the Commissioners of the Land Office of the State of Oklahoma

4-103. "Secretary" means the Secretary of the Commissioners of the Land Office, and includes the Assistant Secretary thereof.

r\ Mil - 8 - 4-104. '"Lease", as used in this section, means a surface lease executed or held pursuant to law. The term "Agricultural Lease" includes grazing leases.

4-105. "Commercial Lands" means those lands which may have a higher and better use than agriculture.

4-106. "Fair Cash Market Value" means the highest price in money which property would bring if offered for sale in the open market by a seller willing but not obligated to sell and a buyer willing but not obligated to buy, both being fully informed of all purposes for which property is best adapted or could be used.

4-107. The term "Preference Right Lease" means the right of a lessee to purchase the land he is leasing, at the highest bid, if the Commissioners elect to sell said leased land during the term of his lease or to be compensated for his improvements thereon at the appraised value thereof if the lessee is not the purchaser of the land and has no meaning or application entitling lessee to a right to re-lease at the end of his term.

4-108. The term "improvements" means buildings or other permanent, or temporary, structures or developments located upon or attached to the land. A. Improvements On Land: Structures erected permanently on the land and used in the operation and management of the land. Example: houses, barns, sheds, fences, corrals, etc. B. Improvements To Land: Additions to land that cannot be moved without injury to the land, or if moved, would alter the surface causing loss of value. Example: terraces, waterways, ponds, wells, or other similar structures. C. Movable or Portable Structures: Any object that Is not affixed to the land. Example: windmills, loading chutes, steel grain bins, or any self-contained structure.

- 9 - *0«2 4-109. The singular number includes the plural.

4-110. The masculine gender includes the feminine and the neuter.

4-200 GENERAL PROVISIONS.

4-201. Surface Lease policy The Commissioners, shall assure realization of maximum rents, profits, and returns from the trust estate for the benefit of Trust Beneficiaries, taking necessary precaution to preserve the trust estate and reserving the right to determine whether a prospective lessee is capable, qualified, and competent to preserve the leased lands.

4-202. Leases In Writing. All leases of lands for agricultural, grazing or commercial purposes, shall be in writing and shall be upon such terms and conditions and at such rental as may be fixed by the Commissioners. All such leases shall be upon the form furnished by the Commissioners. In all leases the Commissioners shall be designated the second party. All leases shall, on the face thereof, describe the premises leased by proper legal designation, including section, township, range and county, and in the case of a commercial lease on a portion of certain legally described premises a plat will be attached to the lease showing with particularity the tract leased. A lessee shall possess only such rights as are recited in his lease and no lessee shall have any rights which extend beyond the term of his lease unless recited therein.

4-203. No Right To Renewal of Lease. The occupancy or use of land by a tenant does not grant him any right of renewal or extension of his lease, nor does either of these facts entitle a tenant to a new lease.

gr,.ll*-?'J»0«3 -LU — 4-204. No Oral Leases. No oral lease will be recognized for any period of time or for any purpose.

4-205. Terms of Lease Period. A. All leases for agricultural and/or grazing purposes shall be for a term of not to exceed five years and all commercial leases shall be for a term not to exceed ten years, the exact term to be at the sole discretion of the Commissioners. The terms may be on a calendar year or any twelve (12) month period. B. Special Leases. The State shall have the right to designate certain tracts, that are in need of extensive conservation work, as special leases. A complete plan of conservation work shall be developed. Any such plan would contain projects needed, completion dates of each practice, and estimated costs. Special leases may be negotiated for terms of more than five (5) years subject to approval by the Commissioners and must be consistent with statutes.

4-206. Bids, Renewals & Transfers By Administrators, Executors, Heirs and/or Devisees of Deceased Lessees. Administrators, executors, heirs and/or devisees of deceased lessees may receive new leases under such terms and conditions and at such rental and for such length of time as may be fixed by the Commissioners upon compliance with the following requirements: A. Administrators and executors must submit proof of official capacity with written valid excuse why probate proceedings have not been concluded, heirship determined, and leasehold interest and improvements owned by the deceased lessee distributed to the persons lawfully entitled to receive the same, with request that they be permitted to make application to and obtain from a court of competent jurisdiction in Oklahoma authority to execute the new lease contract. B. If, in the judgment of the Commissioners, the new lease should be issued in favor of the administrator or executor, the new lease will be issued to expire upon the termination of official capacity of the lessee upon receipt of transcript of the probate proceedings, including the proceedings had by the administrator or executor for the purpose of obtaining the Order authorizing the execution of the new lease contract.

- 11 - .0*4 C. The heirs and/or devisees of or joint tenant with a deceased lessee may obtain a new lease by furnishing full and complete certified transcript of any court proceedings had in the courts of Oklahoma relating to the estate of the deceased lessee, including probate proceedings and proceedings to terminate joint tenancies which will reflect the identity of the heirs of the decedent and the name of the party lawfully entitled to receive the leasehold interest and improvements of the deceased lessee. D. In the event of the death of a record owner and holder of an expiring lease who left no property in Oklahoma subject to administration proceedings except the leasehold interest in a lease issued by the Commissioners and the improvements located upon the land described therein, and the heirs of the deceased lessee submit satisfactory documentary proof in the form of an affidavit by one of the heirs and a disinterested informed third party showing the time and place of the death of the decedent; that he left no property in Oklahoma subject to court proceedings except said leasehold interest and improvements; that no court proceedings relating to his estate have been instituted or will be instituted; that all indebtedness against said estate, including estate taxes, if any, have been paid; and whom he left as his sole and only heirs, a new lease may be issued in favor of the heirs. E. No lease will be issued in favor of a minor, except where majority rights have been conferred by a court of competent jurisdiction, or to an incompetent, but leases may be issued to their legally appointed guardian upon submission of transcript of guardianship proceedings, including the proceedings had by the guardian for the purpose of obtaining authority to execute lease contracts with the Commissioners. F. As directed by appropriate court order.

?0tt5 - 12 - 4-207. Non-Resident Lessees. No lease for agricultural and/or grazing purposes can be issued in favor of a non-resident of Oklahoma unless the lessee agrees in writing to operate the leased premises for such purposes, and such non-resident lessee cannot obtain permission to sublease said land or any part therof.

4-208. Reservations In Leases. A. The State shall reserve for itself, its lessees, permittees or grantees, and their assigns, easements for ingress and egress for the purpose of exploring for, drilling, producing, storing and marketing of oil, gas, coal,and any other minerals which may be produced from said premises, or from other premises communitized therewith. B. The State shall reserve the right to sell the premises leased, or any part thereof, or any lesser estate, right, easement, commercial lease, or other interest therein at any time. If less than the entire tract is sold or leased for commerical purposes, the annual rental may be reduced proportionately for the remainder of the term of the lease.

4-209. Improvements Placed on School Land. From this date forward no improvements shall be placed upon School Land without written consent of the Commissioners. From this date forward any improvements placed on School Land not in compliance with Commission rules or Oklahoma Statutes shall be deemed to become the property of trust fund to which the land belongs. From this date forward the Secretary is authorized to approve in writing, on behalf of the Commissioners of the Land Office, consent for a lessee to place improvements on School Land when the lessee has agreed in writing to remove said improvements at end of his tenure; provided, removal will not cause injury to the land. In order to achieve substantial justice in all existing leases and expired leases, the Commission shall before re-leasing, make a survey of all such leases and make a determination of the present status of ownership of all improvements upon said leases. The Commission may authorize the tenant to remove any or all improvements

- 13 - _?Ofc6 placed on School Land or may determine that such improvements are the property of the trust. Thereafter, the first three (3) paragraphs of this section shall apply and shall be strictly construed and enforced. The Secretary is authorized to approve in writing, on behalf of the Commissioners of the Land Office, consent for a lessee to perform conservation work at his own expense when such practice will improve the land and is supported by a recommendation of a Land Management Technician. Provided, that the lessee will not acquire any interest in terraces, ponds, wells, trees, or any similar improvement which cannot be removed without manifest injury to the land.

The Commissioners of the Land Office assert no ownership of improvements placed at lessees expense upon School Land and which were placed thereon in compliance with Commission policy and rules, and not in violation of Oklahoma Statutes (64 Okl.St.Ann.§ 249 or 60 Okl.St. Ann.§344*), existing and in effect at the time such improvements were placed on the land, and which can be removed without manifest injury to the land. *The Commissioners of the Land Office will continue to comply with Title 60 Okl.St.Ann.§344: "When a person affixes his property to the land of another without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land, unless he chooses to require or permit the former to remove it: Provided, that a tenant may remove from the demised premises at any time during the continuance of hs term any thing affixed thereto for purpose of trade, manufacture, ornament or domestic use, if the removal can be effected without injury to the premises, unless' the thing has, by the manner in which it is affixed, become an integral part of the premises."

4-210. Conservation and Waste. All lessees must agree to sign and execute any soil conservation plan or program promulgated or approved by the Commissioners, and to comply with the terms of such plan or program and must specifically agree to maintain all terraces, ponds, dams, waterways, wells and other similar conservation projects in existence or later built, protect the land from waste or erosion and to pay all damages to the Commissioners which may be sustained to said land for failure to so protect said land or to carry out such practices.

5>0*7 - 14 - 4-211. Crop Allotments. The lessee must agree to maintain the full crop allotments on said land.

4-212. Specification of Land Use. All agricultural leases shall specify the number of acres cultivated, acres non-cultivated, acres in soil bank and acres irrigated. No change in the use of any portion of the land can be made by lessee without prior written permission from the Commissioners.

4-213. Removal of Improvements; Lien On Crops And Improvement No lease nor any improvements thereon owned by the lessee may be assigned, transferred, conveyed or relinquished without prior written consent of the Commissioners, except assignment of leases as security for payment of loans. The State shall have a lien on all property of the lessee, whether improvements, crops or movable structures, to the extent that lease payments or assessments are delinquent or the lease is otherwise in default.

4-214. Violations; Cancellation. Violation of any of the provisions of the lease shall subject the lessee to legal and/or administrative action, at the option of the Commissioners. 4-215. Corporations. No agricultural lease shall be executed in favor of any corporation, or agent thereof, or a third party for the use and benefit of a corporation, except as provided in 18 Okl.St.Ann., 1981 §951, et seq. (Farming & Ranching Act). Provided, however, that any assignee of a lease as security for the payment of a loan may apply for and be granted a new lease for the remainder of the term if such assignee becomes the purchaser thereof at a foreclosure sale of said lease. In such case the land and improvements thereon shall be reappraised for the purpose of determining the rental for the remainder of the term of the foreclosed lease.

- 15 - s-aoes 4-216. Rent - Holdover Tenants. Holdover tenants shall be billed at a rate and terms established by Commissioners of the Land Office based on fair cash rental value. Holdover tenants who do not pay the rent as billed shall be notified that legal proceedings may be instigated, pursuant to 64 Okl.St.Ann.§244.

4-300. Procedures For Appraisals, Awarding & Execution of Surface Leases.

4-301. Appraisals. A. prior to any property being offered for lease, an appraisal for rental purposes, on form provided by Commissioners of the Land Office, shall be made by two appraisers of the Land Office. Appraisals may be ordered upon any relinquishment or transfer of a lease. Appraisals will be made in accordance with accepted methods and techniques of national appraisal societies such as: Appraisers Institute; Farm Managers and Rural Appraisers; Independent Fee Appraisers Society; or other recognized appraisal societies. B. The appraisers shall determine the "market value" of the property, which term is defined to mean the highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. C. Fair Cash Rental Value. The appraisers, as a part of their appraisal shall determine the "fair cash rental value" of the land. For purposes of this part, fair cash rental value is the annual price in cash a willing, but not obligated, tenant would pay, and a willing, but not obligated, landlord would charge for the same or similar lands for the highest and best legal use of the property, agricultural or commercial. 1. In determining fair cash rental value, the appraisers shall consider the following:

5>0«9 - 16 - (a) present land use; (b) Acres of land in cultivation, pasture, timber and nonproductive; (c) Soil types and productivity; (d) Availability of water; (e) Climatic conditions prevailing in the area for the last ten to twenty years; (f) Cash rental price of comparable agricultural land. The appraisers shall reconcile the variables to arrive at their estimation of fair cash rental value of the land; provided, that they shall give weighted preference to comparable cash rentals charged on other lands of the same or similar quality in the area.

D. Appraisal Report. A written appraisal report, on form provided by Commissioners of the Land Office, setting forth the estimated value, shall be prepared and presented to the Commissioners of the Land Office. The report shall separately state the market value of the property and the fair cash rental value of the property. Appraisals are public record, and are available to the general public.

4-302. Awarding of Leases All leases of the Commissioners of the Land Office will be appraised for fair market value annual rental and each lessee be granted a five (5) year lease and billed annually until such time as the Oklahoma State Legislature writes rules and regulations governing the leasing of state lands which conform to the decision of the Oklahoma State Supreme Court issued in opinion 57,361.

*070 - 17 - 4-303. Procedure For Public Bidding.

A. Notice for public bid shall be published in the county in which lease is located and in any such wide area circulation publications as the Commissioners may prescribe. The notice shall contain the following information:

1. Lease number; 2. Legal description; 3. General directions to location of property; 7. Availability of the latest appraisal upon request and how to secure a copy; 8. Base bid, if any; 9. The reserved right of the Commissioners to refuse any bid; 10. Minimum cash deposit needed to perfect the high bidder's lease rights, method and manner of acceptable payment; 11. Term of the lease. 12. Such other information as the Commissioners feel necessary to adequately inform prospective bidders of terms and conditions of auction.

B. Auction shall be held at time, date and location as determined by the Commissioners of the Land Office.

C. A minimum acceptable base bid, if any, may be determined by Commissioners of the Land Office.

D. No bid below base bid, if any, will be accepted.

E. The Commissioners reserve the right to refuse any and all bids.

F. Minimum Cash Deposit. Successful high bidder at auction shall deposit with representative of the Commissioners conducting auction a sum equaling not less than twenty percent (20%) of amount bid.

**v #J" - 18 - 4-304. Execution of Lease. Upon approval and acceptance of a bid by Commissioners of the Land Office, the Secretary shall transmit by certified mail, return receipt requested, to the successful bidder a lease on forms approved by the Commissioners; which the successful bidder must execute and return to the Secretary no later than ten (10) days after receipt together with payment for balance of the first years cash rent under the lease. Failure to execute and return the lease shall operate to cancel award and forfeit deposit paid, at the option of the Commissioners. 4-305. Right to Harvest. Any lessee may, at the termination of his lease, remove any or all of his improvements, and he shall have the right to harvest or remove any growing crop thereon: Provided, However, that in case the lessee is in default for nonpayment for any rental or assessment of any nature, he shall not be allowed to remove such improvement or make such entry to secure crops until all arrearage is fully satisfied; said improvements, that are movable, shall then be moved immediately within sixty days from termination of his lease. (64 Okl.St.Ann.§249)

4-306. Purchase of Homesite. The Commissioners will consider homesite sale requests from lessees for sale of small tracts of land upon which a lessee resides and has resided continuously for a period of two (2) years, and which is in actuality the lessee's homestead; and will consider homesite sale requests from lessees for sale of small tracts of land upon which may be situated improvements whose value is out of proportion to agricultural use of the lease, and which have been placed upon the lease within the bounds of Commission Policy. In either situation, the area considered for sale should be the least amount required to include essential improvements and the value received must equal value of acres sold and full value for any damage or reduction in value to the remainder. Tracts of more than two and one-half (2-1/2) acres in size will not be considered unless a greater area is required to include major structures or structures of unusually high value.

- 19 - ?072 4-307. Inventory of Lessee Claimed Improvements. Each lessee will in December of each year, file with the Commissioners of the Land Office an inventory of all lessee claimed improvements. Inventory will include a description of improvements sufficient to identify same; date of construction or installation; and what portion of cost was paid by lessee. 4-400. ASSIGNMENT OF LEASE AS SECURITY. Lessees may assign their leases as collateral security for a loan subject to the following rules. 4-401. Execution of Assignment. The assignment shall be executed by the lessee, and his spouse, in duplicate upon a special form to be provided by the Commissioners and acknowledged before a notary public.

4-402. Filing Of Assignment. Both copies of the assignment must be filed in the office of the Commissioners within thirty (30) days after the execution thereof. When recorded a copy will be transmitted to assignor. Any assignment not so filed shall be null and void. 4-403. Redemption. Lessee must have sixty days after the maturity of the debt for redemption of assignment by payment of the full amount of principal and interest.

4-404. Cancellation Of Assignment. Upon the presentation to the Commission of the cancelled duplicate assignment or other satisfactory evidence of payment of the debt, the assignment will be cancelled and released on the records of the Commission. The cancelled assignment or other evidence of payment must be forwarded to the Secretary to the Commissioners within thirty (30) days after payment of the loan.

*W3 .2 0 . 4-405. Foreclosure. Upon the expiration of the redemption period, if the loan has not been paid, the unexpired term of the lease may be advertised for thirty (30) days in a paper of general circulation in the county wherein the land is located and sold at the highest bid, said advertisement to designate the date, hour and place of sale, (the place to be at the place of business of the assignee, or the front door of the court house of the county wherein the land is located). On or before the date of the first publication of the above mentioned advertisement the assignee shall appoint three resident voters of the county, as appraisers to fix the value of the improvements belonging to the lessee, if any. A copy of the advertisement and value fixed by the appraisers upon the improvements must be mailed to the Commissioners by certified mail not less than twenty (20) days before the date of sale. If for any reason the Secretary is not satisfied with the value set by the appraisers appointed by the assignee he may notify the assignee of his desire to have the improvements appraised by one of the appraisers of the Commission and request assignee to remit the required fee for said appraisal. 4-406. Report of Sale. Full report of the sale and proposed distribution of the proceeds of sale must be submitted to the Commission under oath before the sale will be ratified and a new lease executed to the purchaser; provided, no sale will be ratified if the price paid is less than three-fourths of the appraised value of such of the improvements as may be owned by the lessee.

4-407. Distribution Of Proceeds Of Sale. The proceeds of the sale will be applied as follows: First, in payment of all past due rents and assignments due the State; second, in payment of the cost of advertising and sale; third, in payment of loan and interest; and the residue to go to the lessee making the assignment.

- 21 - s>:074 4-408. Reservation Of Rights. Nothing herein shall be construed to prevent the Commissioners from bidding on lease improvements at foreclosure sale of lease. Any rights obtained by the purchasers at such sale are subject to the reserved right of the Commissioners provided for in these rules to purchase the improvements on the leasehold or to require sale of the lease, in whole or in part, and any homesite thereon. The purchaser shall secure no greater rights by reason of such sale as could have been enjoyed by the lessee making the assignment.

4-500. TRANSFER OF LEASES. 4-501. Assignment & Relinquishment. No lessee may assign his lease to another, except as collateral security for a loan as provided in Section 4-400 et seq., of these rules and regulations. However, any lessee may relinquish his lease on the condition that a lease be granted to his transferee for the unexpired term with the permission of the Commissioners.

4-502. Manner of Execution. A lessee desiring to transfer his lease to another must, with his spouse, execute a bill of sale conveying all the improvements upon the lease belonging to the lessee, if any. Relinquishment form must be acknowledge by the lessee, and his spouse, if married, before a notary public or other officer with a seal authorized to take acknowledgements. Executed copies of these instruments must be filed with the Commissioners.

4-503. Review by Commission. Upon receipt by the Commissioners of a bill of sale, a relinquishment, properly executed, and upon payment of the required transfer fee, a form designated "Application pursuant to Relinquishment" will be mailed to the proposed transferee. This form must then be properly executed and returned to the office of the Commissioners. Upon receipt thereof the Commissioners

4-600. SUB-LEASING.

4-601. Prohibition of Sub-Lease. Subleasing prohibited except as provided in 64 Okl.St.Ann. §253(a).

4-602. Conditions. Before any lessee shall be permitted to sub-let any such land he must make application to the Commissioners for a permit to sub-let. Such application shall be filed before the next anniversary date of the lease for the ensuing year, but may be filed at any time, and shall state in detail the reasons for such application. If the age of the lessee is material to the application, proof thereof must be furnished. If incapacity on account of illness is alleged, lessee shall furnish a detailed statement of the attending physician, showing the cause and extent of the incapacity with his diagnosis and prognosis thereof.

- 23 - =076 4-603. Sub-Lease - Delinquent Rent. No application for sub-lease permit will be approved when lessee is delinquent in the payment of rental, or in any sum due the Commissioners nor will such permit be approved if lessee has permitted waste or caused injury to the land. Sub-lease permit will not be issued until lessee has paid a fee as prescribed either by statute or the Commissioners of the Land office.

4-604. Sublease Without Permission Cause for Cancellation. Should lessee sub-lease premises without written permission of the Commissioners, the lease shall be subject to cancellation and forfeiture at the option of the Commissioners as provided by law and these rules and regulations. PART V. SALE OF LAND

5-101. Application To Sell. The determination of whether a tract of State school land shall be offered for sale is wholly within the province of the Commissioners of the Land office. No person has the right to demand that any tract be sold, but may request that a particular tract be sold.

5-102. Conditions of Sale. An individual who wishes to request the sale of a particular tract of land is required to deposit with this Department the required fee, the cost of appraising the land for sale purposes. Such request and deposit should be accompanied by a statement of the amount which the applicant will agree to commence the bidding at a public auction if the Commissioners elect to offer the land for sale. Upon receipt, such request will be presented to the Commission and if they decide that the request warrants an appraisal, such appraisal will be made and the applicant will be notified of the appraised value. The deposit will be returned only if no appraisal is made or if the land is sold based upon the appraisal and the applicant is not the successful bidder.

_»077 - 24 - 5-103. Appraisal. The land shall be appraised prior to sale by three duly authorized appraisers to establish a fair cash market value. Land shall not be sold for less than the appraised value thereof.

5-104. Reservation of Minerals. The Commissioners shall retain all minerals.

5-105. Review Of Appraisal By Commissioners. When the Commissioners authorize and direct an appraisal for sale purposes and the appraisal is approved, the Commission will then determine if they desire to sell this tract of land based on this appraisal. The Commissioners will not offer any tract for sale unless the applicant or some other person will agree in advance to bid a sum equal to or greater than the appraised value.

5-106. Fees & Purchase Requirments. The successful bidder will be required to pay the cost of advertising and the cost of appraisal. If the land being sold is a homesite or joins State land not being sold, the successful bidder will be required as a condition of sale to fence off the land purchased from the adjoining State land.

5-107. Terms Of Sale. The purchaser will receive a Certificate of Purchase contract, providing for the issuance of a Patent to the purchaser upon payment of the purchase price in full. Unless otherwise expressly provided by resolution adopted by the Commissioners as to the sale of a specific tract(s), the down payment due at time of sale shall be ten percent (10%) of the purchase price where the average price per acre exceeds $600 per acre and in other cases twenty-five percent (25%) of the purchase price, but in no event less than ten percent

- 25 - ^078 (10%) of the purchase price. The balance of the purchase price shall be paid in annual payments with interest and terms as established by the Commissioners of the Land Office on the unpaid balance. The purchaser may pay the entire amount at once and thereby receive a Patent. Sales of $1,000.00 or less must be paid in full on date of sale.

5-108. Transfers Or Assignments of Certificates. No transfer or assignment of a Certificate of Purchase will be approved unless made by a court decree, quit claim deed, or on the form printed on the back of such Certificate; such transfer or assignment must be duly recorded in the county where the land is located, and forwarded to the Department with the appropriate transfer fee. Warranty deeds cannot be used in making transfers or assignments of contracts. Purchaser, his heirs, devisees, and assigns, will be responsible for fencing the tract of land from any adjacent lands administered by the Commissioners of the Land Office and will be responsible for all damages or claims for damages arising out of purchasers failure to install and maintain such fence. 5-109. Execution Of Transfer. A transfer, assignment or mortgage of such Certificate must be executed by husband and wife, if the person is married.

5-110. Transfer; Deferred Payments. No transfer, assignment or mortgage of such Certificate will be approved when vendor is indebted to the state on deferred payments past due. When any deferred payment is to become due within 45 days subsequent to submission of transfer or assignment, such deferred payment, principal and interest, must be paid. 5-111. Recordation. In event purchaser desires to mortgage his interest in said land and improvements, such mortgage must be duly recorded in the county where the land is located and forwarded to the Department with the filing fee, and when such mortgage is released, the release, after having been recorded in the county, must be forwarded to the Department, with the filing fee.

5?079 - 26 - 5-112. Taxes. The Commissioners must have a statement from the county treasurer that all ad valorem taxes are paid before a transfer of Certificate of Purchase can be approved or Patent issued. 5-113. Validity. A conveyance or assignment of any interest, entire or lesser, in the Certificate, shall have no validity as against the State or Commissioners of the Land Office unless such instrument is duly filed in the permanent records of the Commissioners of the Land Office.

- 27 - ?080 CERTIFICATE

STATE OF OKLAHOMA ) ) ss COUNTY OF OKLAHOMA ) I, W. R. Massey, the duly appointed, qualified and acting Secretary to the Commissioners of the Land Office of the State of Oklahoma, do hereby certify that the above and foregoing is a full, true, and correct copy of the rules and regulations adopted in a hearing of said Commissioners had on the 15th day of July, 1982, in Room 122 of the State Capitol Building, pursuant to notice published in The Oklahoma Gazette, July 15, 1982.

DATED this 15th day of July, 1982.

W. ft. MAjjSEY, SECRETARY

STATE OF OKLAHOMA ) ) SS COUNTY OF OKLAHOMA ) Before me, the undersigned, a Notary Public in and for said County and State, on this the 15th day of J_u_ly_, 1982, personally appeared before me W. R. Ma'ssey, Secretary, to me known to be the identical person who subscribed the name of the Commissioners of the Land Office of the State of Oklahoma to the foregoing instrument as its Secretary, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of the Commissioners of the Land Office of the State of Oklahoma, for the uses and purposes therein set forth.

y/l^u^c^ L&ccfiy Notary Public My Commission Expires: January 15, 1984

[O.G. Register 82-382; filed July 16, 1982, 8:15 a.m.] 5>081 SCHOOLS Board of Education

The State Board of Education at its July 29, 1982, regular meeting held a hearing to acquire final adoption of the Amend­ ments to the Administrators' Handbook for Elementary, Middle, Junior High and High Schools, Bulletin NO. 113-Y. This is ntjtification that the Board voted to delete the portion on "High School Regulations" -until further study is completed.

DEPARTMENT OF EDUCATION State of Oklahoma CORRECTION TO EMERGENCY ADOPTION

AMENDMENTS TO THE ADMINISTRATORS' HAND- BOCK FOR ELEMENTARY, MIDDLE, JUNIOR HIGH HIGH SCHOOLS, BULLETIN NO. 113-Y

Submitted in Compliance with 75 O.S. 1981, Section 308 (H.B. No. 1659).

Adopted On Jul/ 29, 1982

Motion By R. E. Carleton

Seconded By Seay Sanders

OT- VOTES: Leslie Fisher, State Superintendent Chairman of the Board R.E. Carleton Yes E.L Collins Yes Yes Barbara Johnson Seay Sanders Yes Harry Shackelford Yes C.B. Wright Yes

Regular Meeting of the (Regular, Special, Etc.) STATE BOARD OF EDUCATION

Held at: State Department of Vo-Tech Education 1515 West Sixth Avenue Stillwater. Oklahoma

5>082 r%uitc Department of Cbtication

LES-'c C SHER S-.e-inten-eot _LO>D J-A-.AM Otr.._:* Sup«'"iteruent TOV CAMPS:_L Aj-,ocute Deouty Supc-n-enui-nt JOHN FOLKS Astoci.te 0«Outy Superintendent 250C NiV'h L-ncoin 8oulr»«

DATE: June 24, 1982

TO: The Honourable State Board of Education

FROM: ft. u.T_iddens, Assistant State Superintendent in 'Charge of Instruction

SUBJECT: Amendments to the Administrators* Handbook for Elementary, Middle, Junior High and High Schools, Bulletin No. 113-Y

The Accreditation Section of the Instruction Division recommends that the additions, changes and deletions (shown on the following pages) to the Administrators" Handbook for Elementary, Middle, Junior High and High Schools be adopted on an emergency basis. The State Board of Education finds that an imminent peril to the public health, safety or welfare requires this emergency adoption to ensure an effective date of July 1, 1982.

WW

TO: The Honorable State Board of Education

The Accreditation Section of the Instruction Division recommends that the following additions, changes and deletions 1n the Administrators Handbook for Elementary, Middle, Junior High and High Schools be approved effective July 1, 1982.

s>083 GENERAL REGULATIONS (for schools at all levels) I. ADMINISTRATION AND ORGANIZATION Regulation c. The chief executive officer, assistant superintendents, and any person charged with the responsibility of supervision of the instructional program of the district, shall possess a superintendent's administrative certificate. Nonteaching principals (those who teach less than 50% of the school day) shall possess the appropriate principal's administrative certificate. Change to read: Regulation c. the chief executive officer, and assistant superintendents shall possess superintendent's certificates. Nonteaching principals (those who teach less than 502 of the school day) shall possess the appropriate principal's certificate.

Regulation d. The chief executive officer of an independent school district or administrative head of a dependent school shall be expected to attend all meetings of the board of education except at times when consideration may be given to his own appointment or salary. . Change to read: Regulation d. The chief executive officer of an independent school district or administrative head of a dependent school shall be expected to attend all meetings of the board of education. He may be excused from a *>oard meeting during the time his employment or salary is under consideration.

Delete the following regulation:. Regulation q. Each school district shall schedule the following as an integral part of the curriculum at all grade levels: 1. Drug Abuse Education; 2. Health Education; 3. Economic Education; 4. State and National Government.

Regulation r. Students in grades one through six are required to participate in a minimum of 75 minutes per week in physical education. An elective course of 150 minutes per week must be made available to students in grades 7 through 12, except as provided by law.

s>084 ADO - NEW

Regulation q. Each local board of education shall adopt a policy for the control and discipline of the students. The policy shall provide options for the methods of control and discipline of the students and every parent/ guardian of every child residing within the district shall be notified and upon request, receive a copy of the policy.

Regulation r. Every accredited school shall require the teaching of the basic skills of learning and communications Including reading, English, writing, use of numbers and science.

Regulation s. Each school shall require the teaching of citizenship in the State of Oklahoma, in the United States and other countries. This teaching of citizenship is to be accomplished through the study of the ideals, history and government of the State of Oklahoma, the Unite-.' States, and other countries and through the study of the principles of democracy as they apply in the lives of citizens. The following curricular offerings will fulfill these requirements: State History, U.S. History, State Government (Civics), National Government, Democracy and Social Studies (in the elementary grades).

Regulation t. Prior to May 30, 1983 each local board of education shall develop a process whereby such district shall annually evaluate the district's curriculum in order to determine whether each child in the district Is receiving adequate basic skill instruction. Such process shall provide for parental involvement. 70 O.S., 1981; Section 11-103 as amended.

IV. ANNUAL REPORTS Regulation a. The application for accreditation shall be completed and filed with the State Department of Education on or before October 15 of the current school year. A copy of each application shall be filed in the office of the county superintendent.

Change to read:

Regulation a. Two copies of the application for accreditation shall be submitted to the State Department of Education on or before October 15 of the current school year. A copy of the application shall be filed in the office of the county superintendent. 5?085 VI. TEACHER AIDES 18 All assigned activities of the aide must be under the direct^supervision of a certified teacher. Aides shall not be given the responsibility of instructing children, keeping study halls or presenting new instructional material to pupils. Change to read: VI. TEACHER AIDES Regulation a. Persons employed as teacher aides after 7-1-83 shall possess a high school diploma or a General Education Development (G.E.D.) Equivalency Certificate, and have demonstrated ability in the area or areas to which they are assigned, be proficient in the English language, and have demonstrated the following characteristics: 1. A sense of orderliness and an ability to work within a routine. 2. Ability to work under the supervision of the teacher. 3. Ability to assume responsibility. 4. Ability to work with children. 5. Neat appearance. 6. Ability to understand and follow oral and written directions. 7. Ability to work harmoniously with fellow employees.

Regulation b. Local boards of education shall develop and implement policies to provide for orientation and in-service training programs for teacher aides employed by the district. The State Department of Education may assist local boards of education in the in-service training of teacher aides.

Regulation c. Teacher aides may perform or assist a teacher in the performance of hall duty, playground duty, bus duty, lunchroom duty, and extracurricular activities. All other assigned activities of teacher aides shall be under the direct supervision of a certified/licensed teacher. Examples of other duties which teacher aides may perform are: prepare art supplies, bulletin boards, supplementary materials, transparencies, etc.; file materials; prepare reports; compute statistical information; prepare dittos, charts, maps, etc.

Regulation d. All interscholastic activities shall be directed by a certified/ licensed teacher.

Regulation e. Teacher aides shall not be given the responsibility of Instructing children, keeping study halls, or presenting new instructional materials to students.

Regulation f. All teacher aides shall be listed on each school's application for accreditation.

*086 ELEMENTARY REGULATIONS

I. ADMINISTRATION AND ORGANIZATION Regulation a. A principal of an elementary school shall be provided whose specific functions and responsibilities are well defined. A principal, who teaches less than 50% of the day, shall have an elementary principal's certificate. A teaching principal who teaches at least 50% of the school day shall have an elementary teaching certificate and shall devote a portion of the day to supervisory and administrative duties within the organization 1n which he teaches. Change to read:

•• • Regulation a. A principal of an elementary school shall be provided whose specific functions and responsibilities are well defined. The principal or assistant principal who serves as an administrator a major portion of the school day shall have an elementary principal's certificate. A teaching principal or assistant principal (one who teaches at least 50% of the school day) shall have an elementary teaching certificate and shall devote a portion of the school day to administrative and supervisory duties.

Regulation e. The Board of Education shall employ one (1) full-time teacher for each two (2) grades in the organization. An additional one-half (%) time teacher shall be provided for each kindergarten session. Change to read: Regulation e. The Board of Education shall employ one (1) full-time teacher for each two (2) grades in the organization. An additional one-half (%) time teacher shall be provided for each kindergarten session. (A school that is located 16 miles or more from a school offering an approved program may deviate from this regulation with prior approval of the Division of Instruction.)

II. ANNUAL REPORTS Regulation a. The application for accreditation shall be completed and filed with the State Department of Education on or before October 15 of the current school year. A copy of each application shall be filed with the office of the county superintendent.

?087 ELEMENTARY; REGULATIONS (CON'T)

Change to read: Regulation a. Two copies of the application for accreditation shall be submitted to the State Department of Education on or before October 15 of the current school year. A copy of the application shall be filed in the office of the county superintendent.

Ill FACULTY

Regulation c. Elementary certificates are valid for grades 7 and 8 in the elementary schools. Secondary and elementary-secondary (see definition of terms) certified teachers in grades 7 and 8 shall have a minimum 18 hours in each subject area taught. Beginning and/or reassigned teachers, as of 1975- 76 shall comply with this regulation.

Changed to read: Regulation c. Elementary certificates/license are valid for grades 7 and 8 in the elementary schools. Secondary and elementary-secondary (see definition of terms) certified teachers in grades 7 and 8 shall have a minimum 13 hours in each subject area taught. Beginning and/or reassigned teachers, as of 1975-76 shall comply with this regulation.

Teachers holding a secondary or elementary-secondary certificate/license who graduated after January 31, 1982 and who do not have an assignment listed on their certificate/license, but have 18 semester hours in a specified curriculum area shall be required to pass the umbrella and specific area test in the area if the individual is teaching in this area a major portion of the day. If the person has 18 semester hours in the subject area and teaches the subject less than a major portion of the day, then the person will be required to pass the specific area test in the appropriate subject.

V, SUBJECT REQUIREMENTS Delete the following regulations; Regulation b. Each school district shall schedule the following as an integral part of the curriculum at all grade levels: 1. Drug Abuse Education; 2. Health Education; 3_ Economic Education; 4. State and National Government; 5. Oklahoma History.

Regulation c. All students, shall participate in physical education a minimum of 75 minutes per week. An elective course of 150 minutes per week must be made available to seventh and eighth grade students.

_*08v 8 ELEMENTARY REGULATION (CON'T)

Add - New Regulation b. Each school district shall teach the necessary basic skills of learning and communication, including reading, English, writing, the use of numbers and science. Each school district shall implement the teaching of citizenship through the study of ideals and the principles of democracy as they apply in the lives of citizens in the United States, in the State of Oklahoma and In other countries of the world. Regulation c. The State Board of Education under the authority vested by the Legislature has approved the following list of subjects for the elementary schools of Oklahoma (asterisk^ denotes subjects required by House Bill 1816).

/ KINDERGARTEN •Reading •English •Science •Math •Writing Music •Social Studies

FIRST GRADE

•Reading Remedial Reading Health •Science •Writing Art •Mathematics Physical Education Literature Music •Social Studies Dictionary Spelling •English

SECOND GRADE

•Mathematics •Science •Writing Music •Social Studies •Reading Art Literature Health •English Physical Remedial Spelling Education Reading Dictionary

THIRD GRADE

•Mathematics Health Spelling Music Geography •Science •Writing Physical •Social Studies •Reading Remedial Education Literature •English Reading Art • Dictionary

Zh08 9 ELEMENTARY REGULATION (CON'T)

FOURTH GRADE

•Mathematics •Science •Writing Music Geography •Reading Literature Dictionary •Social Studies Spelling Art Physical Health •English Remedial Education Reading

FIFTH GRADE

•Mathematics •Science Spelling Music Geography •Reading •Writing Physical •Social Studies Literature Dictionary Education American Remedial Art •English History Reading Health SIXTH GRADE

•Mathematics •Science Spelling Dictionary Geography •Writing Literature Physical European •Reading Remedial Education History •English Reading Guidance •Social Studies Music Health SEVENTH GRADE

•Mathematics Health •English Dictionary Geography •Science Spelling Physical U.S. History Homemaking •Writing Education Civics Agriculture •Reading Guidance Oklahoma Spanish Industrial Art History Literature Arts Remedial French •Social Studies Music Reading EIGHTH GRADE

•Mathematics •Science Spelling Dictionary U.S. History Agriculture •Writing Physical Civis Homemaking •Reading Education •Social Studies Literature Art Guidance Health •English Remedial Industrial French Reading Arts Spanish

Old regulations b, c, & d become c, d, & e.

ELEMENTARY PROGRESS CRITERIA ADD - NEW Progress Criterion n. The Library Media Center should be centrally located and easily accessible and should be separated from classrooms or study ha"*ls. It should provide space for reading, listening, and viewing for group and individual learning. The collection of books and other media should be on open shelves ready for use and should be classified and cataloged accordinq to an acceptable cataloging system. (The Dewey Decimal System is recommended for classification.) Progress Criterion o. Schools are encouraged to use as guidelines the stan­ dards recommended for library media programs (facilities, personnel, collec­ tion) established by the State Department of Education and/or the North Central Associaiton of College Schools. Progress Criterion p. The Library Media Center, its materials and equipment should be available to staff and students throughout the day and throughout a school session. Instruction should be provided so that both teachers and students nay become more efficient users of the Library Media Center, its materials and equip­ ment. Progress Criterion r. Inventory and financial records for library materials and equipment should be accurate and up-to-date. The library resources bud­ get should not account for such items as installation of expensive and elec­ tronic facilities, general school supplies, delivery systems, security and insurance costs, plant and equipment maintenance, initial collections for new schools, school-adopted textbooks purchased for each student, salaries of media staff, public information program, furniture, and special laboratory equipment.

/»09 1 MIDDLE SCHOOL REGULATIONS I. ADMINISTRATION AND ORGANIZATION Regulation f. A principal shall be provided whose specific functions and responsibilities are well defined. He shall be responsible for the effective planning, operating and evaluation of the educational program of the middle school and for a system of data collections which will adequately reflect the results of that educational program. He shall be involved in the assignment and evaluation of all personnel who are under his direction. The principal of a middle school shall have an elementary or secondary administrative certificate. A teaching principal who teaches at least 50% of the school day, shall have an elementary, elementary-secondary (refer to definition) or secondary teaching certificate and devote a portion of the day to administration and supervision within the organization in which he teaches. Change to read: Regulation f. A principal of a middle school shall be provided whose specific functions and responsibilities are well defined. The principal or assistant principal who serves as an administrator a major portion of the school day shall have an elementary or secondary principal's certificate. A teaching principal or assistant principal (one who teaches at least 50% of the school day) shall have an elementary teaching certificate, secondary teaching certificate, or an elementary-secondary teaching certificate and shall devote a portion of the schoof day to administrative and supervisory duties.

III. FACULTY Regulation a. Elementary, secondary, and elementary-secondary certificates (refer to definition) are valid in an approved middle school. Elementary certified teachers shall have a minimum of 12 hours in each subject area taught. Secondary and elementary-secondary certificated teachers shall have a minimum of 18 hours in each subject area taught. Beginning, and/or reassigned teachers, as of 1975-76, shall comply with this requirement. Change to read: Regulation a. Elementary, secondary, and elementary-secondary certificates (refer to definition) are valid in an approved middle school. Elementary certified/licensed teachers shall have a minimum of 12 hours in each subject area taught. Secondary and elementary-secondary certificated teachers shall have a minimum of 18 hours in each subject area taught. Beginning, and/or reassigned teachers, as of 1975-76 shall comply with this requirement. Teachers holding a secondary or elementary-secondary certificate/license who graduated after January 31, 1982, and who do not have an assignment listed on their certificate/license, but have 18 semester hours in a

5*092 specified curriculum area shall be required to pass the umbrella and specific area test in the area, if the individual is teaching in this area a major portion of the day. If the person has 18 semester hours in the subject area and teaches the subject less than a major portion of the day, then the person will be required to pass the specific area test in the appropriate subject.

V. SUBJECT REQUIREMENTS Regulation a. The program shall be sufficiently broad to serve both the general and specialized needs of its students through a variety of learning experiences in seven (7) areas:

1. Language Arts 5. Physical Education 2. Mathematics 6. Comprehensive Health 3. Science 7. Social Studies 4. The Arts (Fine, Practical State Government/History and Performing National Government/History Each area need not be experienced on an annual basis. Change to read: Regulation a. The program shall serve both the general and specialized needs of its students through learning experiences in the following curriculum areas: Language Arts (i.e. English, reading, & writing), mathematics, science, and social studies. The subjects shall be taught every year according to House Bill 1816. Each school district shall teach the necessary skills of learning and communication. Including reading, English, writing, the use of numbers and science. Each school district shall implement the teaching of citizenship through the study of ideals and the principles of democracy as they apply in the lives of citizens in the United States, in the State of Oklahoma and in other countries of the world.

Delete the following regulations: Regulation g. The Board of Education of every school district shall schedule the following as an integral part of the curriculum at all grade levels: 1. Drug Abuse; 2. Health Education; 3. Economic Education; 4. State/National Government.

Regulation h. Sixth grade students shall participate a minimum of 75 minutes per week in an organized physical education program except as provided by law. Physical Education shall be provided as an elective,' a minimum of 150 minutes per week in grades seven and eight.

093 JUNIOR HIGH REGULATIONS

I. ADMINISTRATION AND ORGANIZATION

Regulation a. A principal of a junior high school shall be provided whose specific functions and responsibilities are well defined. The principal shall have a secondary principal's certificate. A teaching principal (one who teaches 50 percent or more of the school day) shall have an elementary-secondary (refer to definition) or a secondary teaching certificate and shall devote a portion of the day to administrative and supervisory duties within the organization in which he teaches. A principal of a junior high school not under the jurisdiction of a superintendent shall have a secondary principal's certificate.

Change to read: Regulation a. A principal of a junior high school shall be provided whose specific functions and responsibilities are well defined. The principal or assistant p -incipal who serves as an administrator a major portion of the school day shall have a secondary principal's certificate. A teaching principal or assistant principal (one who teaches at least 50% of the school day) shall have, a secondary teaching certificate or an elementary-secondary teaching certificate and shall devote a portion of the school day to administrative and supervisory duties.

III. FACULTY

Regulation a. Elementary, secondary, or elementary-secondary (see elementary- secondary in definition of terms) certificates are valid in an approved junior high school. Elementary certificated teachers may teach in grades 7 and 8 provided they have 12 semester hours in each subject area taught. Secondary and elementary-secondary certificated teachers may teach in all grades in the junior high organization provided they have 18 hours in each subject area taught. Teachers teaching ninth grade subjects must have a college course or its equivalent in each subject taught. Beginning and/or reassigned teachers, as of 1974-75 shall comply with this requirement.

Change to read:

Regulation a. Elementary, secondary, or elementary-secondary certificates are valid in an approved junior high school. Elementary certificated/ licensed teachers may teach in grades 7 and 8 provided they have 12 semester hours in each subject area taught. Secondary and elementary-secondary teachers who were certified or graduated and met an approved program prior to February 1, 1982 may teach in all grades in the junior high organization provided they have 18 semester hours in each subject area taught. Teachers who were certified or graduated and met an approved program prior to February 1, 1982 teaching ninth grade subjects must have a college course or its equivalent in each subject taught.

Teachers holding a secondary or elementary-secondary certificate/license who graduated after January 31, 1982, are teaching in the 7th or 8th grades, and who do not have an assignment listed on their certificate/license, but have 18 semester hours in a specified curriculum area shall be required to pass the umbrella and specific area test in the area, if the individual is teaching in this area a major portion of the school day.

Teachers graduating after January 31, 1982 shall be required to pass the umbrella examination and specific area exams for major assignments to teach In the ninth grade, and must only pass the specific area exam for a minor assignment. s*094 V. SUBJECT REQUIREMENTS Regulation b. A full year of English and a full year of mathematics shall be required each year in the junior high school. Change to read: Regulation b. Each school district shall teach the necessary basic skills of learning and communication, including reading, English, writing, the use of numbers and science. Each school district shall implement the teaching of citizenship through the study of ideals and the principles of democracy as they apply In the lives of citizens in the United States, in the State of Oklahoma and in other countries of the world.

Regulation c. The soda! studies program shall include one-half year of United States History in the 7th, 8th, or 9th grades. Change to read: Regulation c. English, mathematics, science, and social studies shall be experienced on an annual basis. Social studies shall include H unit in Oklahoma History and -5 unit 1n civics during the 9th grade. (H.B. 1816, Section A & B.)

Delete the following regulations: Regulation d. The program of studies shall include a minimum of one year of science.

Regulation e. The Board of Education of every school district shall schedule the following as an integral part of the curriculum at all grade levels. 1. Drug Abuse; 2. Health Education; 3. Economic Education; 4. State and National Government.

Regulation f. Physical Education shall be provided as an elective a minimum of 150 minutes per week at each grade level. All ninth grade students enrolled In physical education shall have training in cardiopulmonary resuscitation sufficient to enable such students to give emergency assistance to victims ' of cardiac arrest. (Senate Bill 549.) In case this presents an undue financial hardship the school district may seek relief by making application and receiving approval from the State Board of Education.

095 HIGH SCHOOL REGULATIONS I. ADMINISTRATION AND ORGANIZATION

Regulation b. A principal of a high school shall be provided whose specific functions and responsibilities are well defined. The principal or assistant principal who serves as an administrator a major portion of the day shall have a secondary principal's certificate. A teaching principal or assistant principal (one who teaches a major portion of the day) shall have a secondary teaching certificate and shall devote a portion of the day to administrative and supervisory duties within the organization 1n which he teaches. Change to read:

Regulation b. A principal of a high school shall be provided whose specific functions and responsibilities are well defined. The principal or assistant principal who serves as an administrator a major portion of the school day shall have a secondary principal's certificate. A teaching principal or assistant principal (one who teaches at least 50% of the school day) shall have a secondary teaching certificate or an elementary-secondary teaching certificate and shall devote a portion of the school day to administrative and supervisory duties.

ADD - NEW Regulation h. Any non-vocational courre shall be offered and/or housed only at the comprehensive high school if credit is to be given.

VI. UNITS, SUBJECT AND GRADUATION REQUIREMENTS

Regulation b. Each high school in the State of Oklahoma shall offer a minimum of 36 units of approved course work, exclusive of special education units. Eight of these units may be on the two year alternation plan, with 28 units to be offered in the current school year. Provided, a high school which is a participating member (a district paying taxes in support of the vocational-technical school or a district which pays the student's tuition to attend such school) of a vocational-technical school during the current school year shall be offering 32 units of approved course work with a minimum of 24 units to be offered in the current school year. Ninth grade subjects offered in the junior high school may be counted towards meeting the total unit requirement.

5:096 It 1s recommended that the minimum offering of 36 units be as follows: language arts—5; science—4; mathematics—4; social studies—5; foreign language—2; fine arts—2; health, physical education & driver education- 2; and applied vocations or practical arts—12. Change to read: Becomes regulation c.

t Regulation c. Beginning in 1983-84, each home school in the State of Oklahoma shall offer a minimum of 36 units of approved course work at the home high school, exclusive of special education units. Eight of these units may be on the two-year alternation plan, with 28 units to be offered in the current school year. Ninth grade subjects offered 1n the junior high school may be counted towards meeting the total unit requirement.

Regulation e. High Schools shall require eighteen (18) or more units of regularly organized classroom instruction for graduation. Thirteen and one-half (13%) of the 18 units required for graduation shall be earned in the 10th, 11th and 12th grades. The 18 required units shall Include the following: 4 units—Language Arts (As of 1984-85 shall be changed to read 4 units English) Will include English I, English II (Grammar and composition), English III-American Literature, and English IV- English Literature, Speech and/or Journalism may be substitued for the 4th year of English 1 unit—Mathematics 1 unit—Laboratory Science 1 unit—American History •% unit—Oklahoma History 10% units—Elective courses •Students moving to Oklahoma from another state and enrolling in a senior high school (grades 10, 11 and 12) may graduate without Oklahoma History if the course is not taught in the senior high school, or if the student 1s unable to take the course due to the scheduling of classes. Change to read: Becomes regulation f. Regulation f. High schools shall require eighteen (18) or more units of regularly organized classroom instruction for graduation. Thirteen and one-half (13%) of the 18 units required for graduation shall be earned in the 10th, 11th and 12th grades. A student must complete 2 of the last 3 units in the school granting the diploma. The 18 required units shall include the following:

097 4 units Language Arts (Shall include the teaching of reading, English, and writing

As of 1984-85 shall be changed to read 4 units—English will include English I, English II (Grammar and composition), English Ill-American Literature, and English IV-English Literature, Speech and/or Journalism may be substitued for the 4th year of English 1 unit Mathematics 1 unit Laboratory Science 1 unit American History •% unit Oklahoma History 10% units Elective courses

•Students moving to Oklahoma from another state and enrolling in a senior high school (grades 10, 11 and 12) may graduate without Oklahoma History 1f the course is not taught in the senior high school, or if the student 1s unable to take the course due to the scheduling of classes.

Beginning with the school year 1985-86 high schools shall require twenty (20) or more units of regularly organized classroom instruction for graduation. Fifteen and one-half (15%) of the 20 units required for graduation shall be earned in the 10th, 11th and 12th grades. A student must complete 2 of the last 3 units in the school granting the diploma. The 20 required units shall include the following:

4 units English (Shall include the teaching of reading, English, and writing

Will include English I, English II (Grammar and composition), English Ill-American Literature, English IV-English Literature, Speech and/or Journalism may be substitued for the 4th year of English. 2 units Science (one shall be a laboratory science) 2 units Mathematics (one may be a business math) 1 unit American History 1 unit World History •% unit Oklahoma History % unit Civics 9 units Elective courses

•Students moving to Oklahoma from another state and enrolling in a senior high school (grades 10, 11, and 12) may graduate without Oklahoma History if the course is not taught in the senior high school, or if the student is unable to tak the course due to the scheduling of classes.

Delete the following reulation:

Regulation 1. Each school district shall schedule the following as an integral part of the curriculum at all grade levels: 1. Drug Abuse Education; 2. Health Education; 3. Economic Education; 4. State and National Government/History. ^098 VII. LIBRARY-MEDIA

Regulation a. The library shall be organized as a resource center of Instructional materials for the educational program.

Material collections may Include books and other printed materials, films, filmstrips, recordings, maps, charts and other newer media developed to aid learning.

Change to read: Regulation a. The library shall be organized as a resource center of instructional materials for the educational program.

Regulation b. In secondary schools with an enrollment of less than 100 students, the teacher-librarian shall devote 1 period a day to the library, excluding study hall responsibilities, and shall have a minimum of 6 hours of library science (3 of which shall be cataloging and classification) and hold a valid certificate.

If an audiovisual specialist is employed, the person shall devote at least 1 hour a day to audiovisual education and shall have a minimum of 6 semester hours in audiovisual training and hold a valid teaching certificate. If a media specialist is employed, the person shall devote 2 hours a day to the media program and shall have a minimum of 6 semester hours in library science and 6 semester hours in audiovisual training and hold a valid teaching certificate.

In secondary schools with an enrollment of 100-199 students, two periods a day of the teacher-librarian's time shall be devoted to the library, excluding study hall responsibilities, and the librarian shall have a minimum of 15 hours of library science (3 of which shall be cataloging and/or classification) and hold a valid teaching certificate.

If an audiovisual specialist is employed, the person shall devote at least 2 hours a day to audiovisual education and shall have a minimum of 10 semester hours in audiovisual training and hold a valid teaching certificate. If a media specialist is employed, the person shall devote at least % day to the media program and shall have a minimum of 10 semester hours in library science and 6 semester hours.in audiovisual training and hold a valid teaching certificate.

In secondary schools with an enrollment of 200-499 students, one-half day of the teacher-librarian's time shall be devoted to the library, excluding study hall responsibilities, and the librarian shall have a minimum of 15 hours of library science (3 of which shall be cataloging and/or classification) and hold a valid teaching certificate.

If an audiovisual specialist is employed, the person shall devote at least one-half day to audiovisual education and shall have a minimum of 15 semester

"i 099 hours in audiovisual training and hold a valid teaching certificate. If a media specialist is employed, the person shall devote at least 2/3 day to the media program and shall have a minimum of 15 semester hours in library science and 8 semester hours in audiovisual training and hold a valid teaching certificate. In secondary schools with an enrollment of 500-1,499 students, the librarian shall be full-time, excluding study hall responsibilities, and hold a library certificate. If an audiovisual specialist or media specialist is employed, the person shall be full-time and hold a valid teaching certificate in the appropriate field. In secondary schools with over 1,500 students, there shall be 2 full-time librarians, excluding study hall responsibilities, and each shall hold a library certificate. If an audiovisual specialist or media specialist 1s employed, the person shall be full-time and hold a valid certificate in the appropriate field. Change to read: Regulation b. In secondary schools with an enrollment of less than 100 students, the teacher-librarian shall devote 2 hours a day to the library, excluding study hall responsibilities and shall have a minimum of 9 semester hours of library science (3 of which shall be cataloging and classification) and hold a valid teaching certificate. (Effective 1983-84 school year.) In secondary schools with an enrollment of 100-399 students, the teacher- librarian shall devote 3 hours a day to the library, excluding study hall responsibilities and shall have a minimum of 15 semester hours of library science (3 of which shall be cataloging and/or classification) and hold a valid teaching certificate. (Effective 1983-84 school year.) In secondary schools with an enrollment of 400-1,499 students, the librarian shall be full-time, excluding study hall responsibilities and hold a school librarian certificate. (Effective 1983-84 school year.) In secondary schools with over 1,500 students, there shall be 2 full-time librarians, excluding study hall responsibilities, and each shall hold a school librarian certificate.

100 VOCATIONAL AND TECHNICAL EDUCATION XI. VOCATIONAL AND TECHNICAL EDUCATION Regulation a. Units of course work earned by a student in'an approved Area Vocational-Technical School in Oklahoma shall be certified by the AVTS to the sending high school in which the student is regularly enrolled. These units of course work shall be counted toward meeting local and state ' requirements for graduation. The AVTS is considered to be an extension of the sending school district and shall be subject to the regulations thereof. Regulation b. All administrative personnel of a vocational school or an Area Vocational-Technical School who teach less than half-time shall have an appropriate administrative certificate on or before August 1, 1972, except that on personnel occupying administrative positions in vocational schools or area vocational-technical schools prior to August 1, 1972, and qualified for such positions under the provisions of the Oklahoma State Plan for Vocational Education in effect at the time or accepting such position shall not be required to qualify for an appropriate administrative certificate so long as they remain in the same position and in the same school. Regulation c. Teachers of vocational and technical education courses shall hold a teaching certificate in the field or subject taught. Regulation d. Courses offered in Area Vocational-Technical Schools on the secondary level, which are 3 hours in length per day, meet 5 days per week for at least 175 days per school year shall be accredited for 3 units of credit. Changed to read: Introduction: The area vocational-technical school is an extension of the high school for students currently enrolled in a high school. It 1s a separate entity in .hat it also serves adult students. (The two types of Institutions are answerable to separate boards.) Regulation a. All high school students shall be enrolled through the home high school. Regulation b. Students who wish to withdraw from an area vocational- technical school must have approval of both the vocational-technical school and the comprehensive high school. Regulation c. Student discipline and control shall be a cooperative effort between the comprehensive (home) high school and the vocational-technical school. . Each institution shall enforce rules and regulations in accordance with their board approved policies. Both institutions shall recognize the students' rights to "due process" related to the school board of the insti­ tution in which the violation took place. Old Regulations a, b, c, and d in the 81 Bulletin shall become Regulations d, e, f and g. Add:

Regulation h. Secondary vocational programs in the area vocational-technical schools shall be offered only to eleventh and twelfth grade students unless prior written approval has been obtained from the Instruction Division of the State Department of Education.

[O.G. Register 82-392; filed July 30, 1982, 11:30 a.m.]

JPOTVOTI SCHOOLS

Board of Education

the State Board of Education at its July 29, 1982 r regular meeting adopted, on an emergency basis, an Amendment to Entry-Year Assistance Program Regulations, as recommended by the Instruction Division of the State Department of Education.

DEPARTMENT OF EDUCATION State of Oklahoma

AMENDMENTS TO ENTRY-YEAR ASSISTANCE

PROGRAM REGULATIONS (H.B. NQ 1465)

Submitted in Compliance with 75 O.S. 1981, Section 308 (H.B. No. 1659).

Adopt-dOn Ju-y 29, 1982

Motion By E. L. Collins

Seconded By Seoy Sanders

VOTES: Leslie Fisher, State Superintendent Chairman of the Board R.E. Carleton Yes E.L. Collins Yes Barbara Johnson Yes Seay Sanders Yes Harry Shackelford Yes CB. Wright Yes

Regul ar Meeting of the (Regular, Special, Etc.) STATE BOARD OF EDUCATION

Stare Department of Vo-Tech Education Held at: 1515 West Sixth Avenue

Stillwater, Oklahoma

102 J.O. GIDDENS JACKSTRAHORN MURLVENARD ASST. SUPIRINTENOINT ASST. SUFf RINTINOtNT AMT. SUFIRINTENOINT INSTRUCTION STATE-FEDERAL FINANCE

i |£>tate ©eparttnent of Cteation

LESLIE FISHER, Superintendent LLOYD GRAHAM. Deputy Superintendent TOM CAMPBELL, Associate Deputy Superintendent JOHN FOLKS, Associate Deputy Superintendent 2500 North Lincoln Boulevard i^blafjoma €itp. Oklahoma 73105

MEMORANDUM

TO: The State Board of Educat^oi

FROM: Judy Leach, Administrator

Teacher Education/Staff Development

DATE: July 29, 1982

SUBJECT: Changes Under the Entry-Year Assistance Program Regulations

H.B. 1465 was passed during the last legislative session amending H.B. 1706.

The attached changes in Entry-Year Assistance Program rules and regulations were mailed to the Professional Standards Board for study. The Professional Standards Board officially acted on the changes at its July 13, 1982 meeting.

It is the recommendation of the Professional Standards Board and the Teacher Education/Staff Development Section that these changes be given emergency adoption.

ch

Attachment

«X03 *<_^ % k*J*±~J&J? CHANGES UNDER THE ENTRY-YEAR ASSISTANCE PROGRAM REGULATIONS

Regulation III.

PRESENTLY READS;

III. Members of Entry-Year Assistance Committee

A. Teacher Consultant - Classroom Teacher

B. Principal, assistant principal or administrator designated by the local board.

C. Teacher educator in a college or school of edu­ cation of an institution of higher learning, or a teacher educator in a department or school outside the institution's college of education.

D. A chairperson shall be chosen by each committee.

CHANGE TO READ:

III. Members of Entry-Year Assistance Committee

A. No change.

B. No change.

C. Teacher educator in a college or school of edu­ cation of an institution of higher learning, or an educator in a department or school outside the institution's college of education.

D. No change.

Regulation IV. (B)

PRESENTLY READS:

B. Higher education faculty members who serve on Entry-Year Assistance Committees must have an active involvement in the institution's undergraduate or graduate teacher education programs and be acceptable to the local board.

If possible, the teacher educator shall have expertise and experience in the teaching field of the entry-year teacher.

CHANGE TO READ:

B. Higher education faculty members who serve on Entry-Year Assistance Committees must have an active involvement in the institution's undergraduate or graduate programs and be acceptable to the local board. f*1fi4 Page 2.

If possible, the educator shall have expertise and ex­ perience in the teaching field of the entry-year teacher.

Regulation V.(C)

PRESENTLY READS:

C. The teacher educator from higher education shall be iden­ tified on a mutual action basis by the superintendent and the teacher education institution coordinator.

1. All local school district requests for a teacher edu­ cator will be channeled through one central office on the teacher education institution campus by the president of said teacher education institution.

2. To facilitate the selection of a higher education person, the superintendent will contact the desig­ nated teacher education institution coordinator of the teacher education institution that recommended the entry-year teacher for an Oklahoma Teaching Li­ cense and inform the coordinator of the entry-year teacher's license type. At that point, the teacher education institution coordinator will assume re­ sponsibility for identifying an appropriate teacher educator to recommend to the superintendent for the Entry-Year Assistance Committee.

Each teacher education institution is expected to assume responsibility for its own graduates; how­ ever, in making assignments, consideration shoul-d be given to the entry-year teacher's geographic lo­ cation and the distance to the recommending insti­ tution. It is expected that the teacher education institution coordinator will inform the requesting superintendent of the name of a qualified higher education person within ten (10) working days after the request has been made.

For out-of-state entry-year teachers, the superin­ tendent will contact the designated teacher educa­ tion institution coordinator of the nearest teacher education institution and inform the coordinator of the entry-year teacher's license type. The institution coordinator will assume responsibilty for recommending a teacher educator with the appro­ priate expertise and experience. It is expected that the teacher education institution coordinator will inform the requesting superintendent of the name of a qualified higher education person within ten (10) working days after the request has been made.

105 CHANGE TO READ:

C. The educator from higher education shall be identified on a mutual action basis by the superintendent and the teacher education institution coordinator. 1. All local school district requests for an educator will be channeled through one central office on the teacher education institution campus designated by the president of said teacher education institution. 2. To facilitate the selection of a higher education per­ son, the superintendent will contact the designated teacher education institution coordinator of the teacher education institution that recommended the entry- year teacher for an Oklahoma Teaching License and in­ form the coordinator of the entry-year teacher.'s li­ cense type. At that point, the teacher education in­ stitution coordinator will assume responsibility for identifying an appropriate educator to recommend to the superintendent for the Entry-Year Assistance Co___ittee. / Each teacher education institution is expected to assume responsibility for its own graduates; however, in making assignments, consideration should be given to the entry-year teacher's geographic location and the distance to the recommending institution. It is ex­ pected that the teacher education institution coordi­ nator will inform the requesting superintendent of the name of a qualified higher education person within ten (10) working days after the request has been made. For out-of-state entry-year teachers, the superintendent will contact the designated teacher education institu­ tion coordinator of the nearest teacher education in­ stitution and inform the coordinator of the entry-year teacher's license type. The institution coordinator will assume responsibility for recommending an edu­ cator with the appropriate expertise and experience. It is expected that the teacher education institution coordinator will inform the requesting superintendent of the name of a qualified higher education person within ten (10) working days after the request has been made.

Regulation VIII. (A)l(a)

PRESENTLY READS:

A. The Entry-Year Assistance Committee's recommendation shall be one of the following options:

1. Recommendation for Certification

a. In the event the Committee recommendation to the State Board of Education is for certification, at the end of the first or second year, the Entry-Year Assistance Committee shall also recommend a staff development program for the entry-year teacher in any area identified by the Committee. -~10€» CHANGE TO READ:

A. The Entry-Year Assistance Committee's recommendation shall be one of the following options:

1. Recommendation for Certification

a. In the event the Committee recommendation to the State Board of Education and the preparing insti­ tution of higher education is for certification, at the end of the first or second year, the Entry- Year Assistance Committee shall also recommend a / staff development program for the entry-year teacher in any area identified by the Committee.

Regulation VIII(C)

PRESENTLY READS:

C. The recommendation of the Committee will be made to the State Board of Education between April 10th and the end of the school term.

If an entry-year teacher has been employed for less than ' 120 days during the school year, it will be necessary for the entry-year teacher to continue as an entry-year teacher during the next school year until a total of 180 days has been completed. This recommendation for certi­ fication or an additional entry-year will be made between the 150th and 180th day of employment.

CHANGE TO READ:

C. The recommendation of the Committee will be made to the State Board of Education and the preparing institution of higher education between April 10th and the end of the school term. If the entry-year teacher is a graudate of an out-of-state institution of higher education, the recommendation of the Entry-Year Assistance Committee shall be made to the State Board of Education and the institution of higher education which serves on the Committee.

If an entry-year teacher has been employed for less than 120 days during the school year, it will be necessary for the entry-year teacher to continue as an entry-year teacher during the next school year until a total of 180 days has been completed. This recommendation for certi- cation or an additional entry-year will be made between the 150th and 180th day of employment.

[O.G. Register 82-393; filed July 30, 1982, 11:30 a.m.]

-107 SCHOOLS Board of Education

The State Board of Education at its July 29, 1982, regular meeting adopted, on an emergency basis, Policies Relating to the Operations of the Curriculum Materials Revolving Fund, as recommended by the Instruction Division of the State Department of Education.

DEPARTMENT OF EDUCATION State of Oklahoma

POLICIES FOR OPERATION OF CURRICULUM

MATERIALS REVOLVING FUND (S.B. No, 452)

Submitted in Complianc* with 75 O.S. 1981. Section 308 (H.B. No. 1659).

Adopted On July 29, 1982

Motion By R. E. Carleton

Seconded By Seay Sanders

, VOTES: Leslie Fisher, State Superintendent Chairman of the Board R.E. Carleton ______! E.L. Collins Aye Barbara Johnson Aye Seay Sanders Aye Harry Shackelford Aye C.B. Wright _J____!

Regular Meeting of the (Regular, Special, Etc.) STATE BOARD OF EDUCATION

HeW at: Store Department of Vo-Tech Education 1515 West Sixth Avenue Stillwater, Oklahoma

0-508 J.D. GIDDENS JACKSTRAHORN MURLVENARD ASST $U*>i«INT«NO»NT ASST SU»tl»INT€NO«NT A»T. SUFIMINTENOINT INSTRUCTION STATE FEDERAL FINANCE

ilrtate Bepartment of €rjncatoi

LESLIE FISHER. Superintendent LLOYD GRAHAM. Deputy Superintendent TOM CAMPBELL. Associate Deputy Superintendent JOHN FOLKS. Associate Deputy Superintendent 2500 North Lincoln Boultvtrd ©felaijoma Cup. £>fclaljoma 73103 July 29, 1982

MEMORANDUM

TO: The Honorable State Board of Education

FROM: Curriculum Section

SUBJECT: Curriculum Revolving Fund - S.B. 452 (Section 40)

There is hereby created in the State Treasury a revolving fund for the State Board of Education, to be designated the 'Curriculum Materials Revolving Fund'. The fund shall consist of curriculum guides fees paid to the Board pursuant to law. The revolving fund shall be a continuing fund not subject to fiscal year limitacions and shall be under the control and management of the administrative authority of the State Board of Education. Expenditures from said fund shall be made to maintain the curriculum guides process.

POLICIES: 1. Curriculum publications will be disseminated to professional educators in the State of Oklahoma without charge.

2* Curriculum publication may be sold to individuals and organizations outside the State of Oklahoma.

3. Cost of the publication will be figured by calculating the cost of editing, artists fees, consultant fees, printing costs and miscellaneous development expenses.

4. Purchasing price of the publication will include the cost of publication plus postage.

5. Complimentary copies will be given at the discretion of the Oklahoma State Department of Education to agencies outside the State of Oklahoma.

6. Publications distributed to interested people or organizations outside the teaching profession will be sold for the cost of publications if picked up personally or cost of publication plus postage if disseminated in the mail. ^-VflneOAr/^ /a s-109 */»/>„.• tiiY\V\ft REVOLVING FUND

CURRICULUM

PUBLICATION COST

1982-83

PUBLICATION COST POSTAGE TOTAL

Aerospace—High Flight $2.15 $ .86 $3.01 Beginnings 2.70 .86 3.56 Book of Ideas in Bus. Ed. 2.44 .86 3.30 Bus. Ed. in Oklahoma 3.88 1.09 4.97 Celebrate Learning 1.71 .63 2.34 Connections-Arts 2.85 .63 3.48 Consumer Education K-12 2.63 .86 3.49 Crossroads 2.13 .86 2.99 Don't Stop the Music 1.62 .63 2.25 Foreign Language Pose 3.28 .86 4.14 Game Plans for a Successful Season 1.99 .63 2.62 Guidelines for Lib. Media Programs in Oklahoma 2.29 .63 2.92 Handbook for Secondary Social Studies Education 2.15 .63 2.78 Keeping Pace—Journalism 3.00 .63 3.63 Kids and Manners 1.47 .63 2.10 A Lifetime Experience 2.72 .86 3.58 Mix, Stir, Blend 2.13 .86 2.99 Native Americans in Oklahoma 2.05 .63 2.68 The Oklahoma Coloring Book 1.16 .63 1.79 Oklahoma OK 1.95 .63 2.58 Outdoor Education 2.88 .86 3.74 Participate in An American Partnership 3.39 1.32 4.71 Pride in Oklahoma 1.46 .63 2.09 Procedures Manual for School Library Media Centers 2.92 .86 3.78 A Product of Our Times 2.24 .63 2.87 Reading Sampler 2.30 .86 3.16 Safety Precautions for Science K-12 1.73 .63 2.36 Scoops of Ideas 2.73 .86 3.59 Study Skills 1.70 .86 2.56 Survival Skills for the Real World 2.35 .63 2.98 Touching, Living, Growing K-6 2.26 .86 3.12 When I Grow Up 1.52 .63 2.15 A Wide Spectrum of Ideas 3.02 1.09 4.11 Working, Earning, Learning 2.25 .63 2.88

[O.G. Register 82-394; filed July 30, 1982, 11:30 a.m.] SCHOOLS Board of Education

The State Board of Education at its July 29, 2982, regular meeting adopted, on an emergency basis, a Supplement to Chapter 2 State Guidelines and Application, as recommended by the Federal Programs Division of the State Department of Education.

DEPARTMENT OF EDUCATION State of Oklahoma

SUPPLEMENT TO STATE GUIDELINES AND APPLICATION

CHAPTER 2 - FEDERAL PROGRAMS DIVISION

(P.L. 97-35)

Submitted in Compliance with 75 O.S. 1981, Section 308 (H.B. No. 1659).

Adoption July 29, 1982

Motion By Seay Sanders

Seconded By C. B. Wright

•- VOTES: Leslie Fisher, State Superintendent Chairman of the Board R.E. Carleton Yes E.L. Collins Yes Barbara Johnson Yes Yes Seay Sanders Harry Shackelford No C.B. Wright Yes

Regular Meeting of the (Regular, Special, Etc.) STATE BOARD OF EDUCATION

Heldat: State Department of Vo-Tech Education 1515 West Sixth Avenue Stillwater, Oklahoma

5>1ll J.D. GIDDENS JACKSTRAHORN MURL VENARD ASST SUP'-UNTINOCNT ASST SUM WIMTINOINT ASST. SUPSRINTENOSNT INSTRUCTION STATE F60SRAL FINANCE

-.State Separtment of Cbucation

LESLIE FISHER. Superintendent LLOYD GRAHAM, Deputy Superintendent TOM CAMPBELL. Associate Deputy Superintendent JOHN FOLKS. Associate Deputy Superintendent 2500 North Lincoln Boulivsrd ©klafconia £itp, (Dfclahoma 73105

MEMORANDUM

DATE: July 1982

TO: Administrators of Chapter 2

FROM: Leroy Ireton, Director of Federal Programs

SUBJECT: Supplement to State Guidelines and Application

Two important concerns relative to Chapter 2 programs are addressed in this mrnorsndum. Please be advised that any reference made to (1) date applications are due or (2) to provision of Chapter 2 services to private nonprofit schools 1n the guidelines are amended by this document which takes precedence.

Due Date: Chapter 2 applications shall be due in the State Department of Education by October 1, 1982. No obligations are to be made by an LEA prior to receipt of an approval letter from the SDE. You may submit the enclosed application as soon as it is prepared and receive an approval date to begin your program. Private Nonprofit School Participation: Prior to a June 7, 1982, opinion issued by the Oklahoma Attorney General, the SEA requested the Secretary of Education to by-pass federal funds to provide services required by the federal law and its regulations to eligible children at'anding nonprofit schools. Opinion number 82-169 has removed the need and option for requesting the by-pass arrangement. P.L. 97-35, Chapter 2 requires LEAs to provide equitable Chapter 2 services to children attending private nonprofit schools. The following procedures will be followed in implementing this requirement: (1) The SEA has surveyed all known private nonprofit schools in the state to determine enrollment. (2) The allocation notice enclosed contains an amount for provision of services to children attending private nonprofit schools in the district.

11.2 Administrators* Memo July Page 2 (3) The white application blanks will contain information relative to provision of services to public school children; the yellow application blanks are for information relative to needs and Chapter 2 services for children attending the nonprofit schools in the district. One yellow application shall be submitted for each private school desiring Chapter 2 services for their children. (4) The LEA must notify the administrators of eligible nonprofit private schools of the opportunity to receive services through the LEA Chapter 2 program. All notification and subsequent responses should be done by registered mail and shall be kept on file. (5) A date should be established as soon as possible to begin coopera­ tive planning and to provide application materials to the appropriate private school administrators. All applications are to be submitted to the LEA which will file the complete package of public and private school application with the SEA. (6) The LEA will do all purchasing, employing of personnel, and etc. and will exercise administrative control and direction over Chapter 2 funds and property that benefit children enrolled in private schools. No funds or control of purchases will rest with the private school?: (FR, Vol 47, Number 30, 3 298.21 (3)) (7) All records are to be kept by the LEA; (I.e. inventory, needs data, financial instruments, applications, evaluation data) therefore the private school administration shall be responsible for providing information necessary to maintain accurate records at the LEA Chapter 2 office. (8) Expenditures for eligible services for children enrolled 1n private nonprofit schools shall be equal to the expenditures for public school children. (P.L. 97-35, Section 586 (a)(2)(b).) The allocation to the LEA Includes sufficient funds to comply with this provision. (9) It is recommended that the LEA establish a calendar of dates for future meetings with private school representatives and for the submission of reports and data relevant to Chapter 2 program activities. (10) No funds may be obligated for construction or remodeling of facilities on private school property. No funds may be obligated for the purchase or religious materials or for conducting religious activities.

_*113 Administrators' Memo July Page 3 (11) If the needs of children enrolled in private schools are different from the needs of children in public schools, an LEA shall provide Chapter 2 services for the private school children that address their needs on an equitable basis. (FR 47, Number 30, S 298.24(a)(3).) (12) The LEA will submit a copy of the enclosed table to the SEA as a part of the application. (13) If the LEA determines that additional private nonprofit schools exist in the district a request may be submitted to the SEA for a supplemental allocation in order to provide services to those eligible students. This.information should be submitted in the form of an affidavit giving name, address, principal and enroll­ ment of the private school. (14) See enclosed draft of federal register for further information.

.114 JAN ERIC CARTWRIGHT STATE DEPT. OF EDUCATION ATTORNEY GENERAL JUN 9 1982 STATE OP OKLAHOMA

OT. _«.„,. STATE CAPITOL. OKLAHOMA CITY. OKLAHOMA 73tOS " t C t I VE [ June 7' 1982 ADMINISTRATION

Dr. Leslie Fisher State Superintendent 2500 N. Lincoln Blvd. Oklahoma City, OK 73107 Opinion No. 82-169 To Dr. Fisher: The Attorney General has received your request for an opinion, wherein you ask the following question: "Does State law permit a local public educa­ tion agency to fulfill all of the require­ ments identified in Paragraph (a), Section 557, Chapter 1 of the Education Consolidation and Improveirent Act of 1981?" The Education Consolidation and Improvement Act of 1981 (hereafter "E.C.I.A.") is a subsection of the Omnibus Education Reconcilia­ tion Act under which Congress authorized the consolidation of various categorical grants into a single block grant. Public Law 17-35 specifically categorizes the E.C.I.A. as a "block grant" to the states. The purpose of the E.C.I.A. is to provide fi­ nancial assistance to state and local education agencies to meet the special needs of educationally deprived children. Your ques­ tion is specifically referenced to § 557, paragraph (a) of Chap­ ter 1 of the E.C.I.A., which contains the following requirement:

"... To the extent consistent with the number of educationally deprived children in the school district of the local education agency who are enrolled in private elementary and secondary schools, such agency shall rake provisions for including special educational services and arrangements (such as dual en­ rollment, educational radio and television, and mobile educational services and equip­ ment) in which such children can participate and which meets the requirements of sections 555(c), 556(b)(2), (3), and (4), and 558(b). Expenditures for educationally deprived Dr. Leslie Fisher Opinion No. 82-169 June 7, 1982 Page 2 children in private schools shall be equal (taking into account the number of children to be served and the special educational needs of such children) to expenditures for children enrolled in the public schools of the local educational agency." On March 10, 1982, in Okl. Op.A.G. No. 82-68, the question of con­ stitutionality was raised as to requirements under Chapter 2 of the Omnibus Reconciliation Act, which authorized participation in Chapter 2 programs of children enrolled in private nonprofit schools. It was found that the State could not administer those provisions of the Omnibus Reconciliation Act which required provision of ser­ vices to children in private schools contrary to Art. 10, § 15, of the Oklahoma Constitution, which prohibits the expenditure of State funds for private purpose, and Art. 2, S 5, which prohibits the expenditure of public funds to aid sectarian institutions. Subsequent to the issuance of Opinion 82-68, the Oklahoma Supreme Court handed down its ruling in In Re Application of the State of Oklahoma ex rel. Department of Transportation. One of the xssues before the Court was t.ie status of federal funds deposited in the State treasury pursuant to federal grant-in-aid programs. The Court held that " . . . (a) private and federal funds, when held by the state in its custodial capacity, retain their original legal character until they can be expended for tne purposes spe­ cified by the Act, and (b) federal and private funds may be ex­ pended for programs contemplated by the Act without offending any state constitutional proscriptions." The Court did not adopt the contention that federal funds, when accepted by an agency of the State and deposited in the state treasury, become State funds, subject to the proscriptions of Art. 10, § 15 of the Oklahoma Constitution, holding:

"Federal money deposited in the state trea­ sury pursuant to some grant**-Tn-**aid program is held in trust for a specific purpose. Like other custodial funds, it retaxns its original legal character. The legislature [sic] wields no authority over such funds. It may not subvert congressional policy by diverting the money to another purpose. Once accepted by the state, federal funds stand burdened with a trust which follows them from the moment of the deposit.

"Since we have determined, in Part II, that federal and private funds deposited in the state treasury under this Act retain their original legal character until expended, it is clear that the use of the federal /private funds for assistance to a railroad is not subject to the §§ 14 and 15 proscriptions." ^-.16 Dr. Leslie Fisher Opinion No. 82-169 June 7, 1982 Page 3 It must be noted that the opinion rendered by the Court in this case dealt with grant-in-aid programs and apparently did not address federal reimbursable obligation programs. In light of this subsequent court ruling, it appears that federal funds deposited in the state treasury pursuant to a federal grant- in-aid program may be expressed for the specific purpose for which they are held in trust, without regard to state constitutional limitations restricting the use of state funds. Thus, to the extent that Attorney General Opinion Nos. 71-128, 79-44, 79-108, 79-299, 79-365 and 82-68 are inconsistent with the holding in In Re Application of the State of Oklahoma ex rel. Department of Transportation, 53 O.B.J, p. 702, P._.d , (1982), they are hereby withdrawn. However, for the purpose of clarification, it must be reiterated that the scope of this opinion goes only to the expenditure of federal grant-in-aid funds by an agency of the state. All prior Attorney General Opinions regarding expend­ itures of state funds and federal reimbursement obligation programs remain in force. It is, therefore, the official opinion of the Attorney General that State law does not prohibit a local education agency from fulfilling all the requirements of Chapter I, section 557(a) of the Education Consolidation and Improvement Act of 1981.

'.JAN/ERIC CARTWRTGHT )RNEY GENERAL JS2 OKL A

\QAJfl KAYyJJARLEY J1 ASSISTANT. ATTd. JEY GENERAL JEC:KHJ:kes

[O.G. Register 82-395; filed July 30, 1982, 11:30 a.m.]

^17 SCHOOLS

Board of Vocational and Technical Education

The State Board of Vocational and Technical Education at its July 28, 1982, regular meeting adopted, on an emergency basis, flroendments to the "State Department of Vocational and Technical Education Operating Policies."

DEPARTMENT OF VO-TECH EDUCATION State Of Oklahoma

Amendment to STATE DEPARTMENT OF VOCATIONAL AND TECHNICAL

EDUCATION OPERATING POUCIES, Sec. 3, p. 9,3.1.2

Submitted in Compliance with 75 O.S. 1981, Section 308 (H.8. No. 1659).

Adopted On July 28, I982 (EMERGENCY ADOPTION;

Motion By Morgueritc Shelton

Seconded By Seay Sanders

VOTES:

Leslie Fisher, State Superintendent Chairman of the Board

R.E. Carleton Aye E.L. Collins Ay< Barbara Johnson Aye Seay Sanders Aye Harry Shackelford Aye CB. Wright Aye N.W. Baldwin Aye Sidney Carney Aye Marguerite Shelton Aye John Martin Aye Marvin Stokes Aye Gene Ross Aye

Francis Tuttle, State Director Executive Officer

Regular Meeting of the (Regular, Special, Etc.) cms STATE BOARD OF VO-TECH EDUCATION Section 3 AREA VOCATIONAL AND TECHNICAL SCHOOLS

The State Department is charged with carrying out those 'duties and responsi­ bilities granted the State Board for the establishment and conduct of area vocational and technical schools (hereinafter referred to as "area schools") by the Constitution of Oklahoma, Article 10, Section 9B, and Oklahoma Statutes 1971, Title 70, Section 14.

3.1 Establishment of Area Schools

3.1.1 Feasibility Study

Upon request of the public schools within a district or upon the request of citizens within a proposed district, the State Depart­ ment shall make a study of the proposed area to determine the feasibility of forming an area school district.

3.1.2 Criteria for Area School District Establishment

A proposed area school district shall have a total minimum scho­ lastic population of 15,000 or serve a 50-mile radius from the / proposed site of the area school and have a minimum valuation of " $40,000,000 after homestead exemptions. In situations involving low valuations and/or sparsely populated areas where this require­ ment is not feasible, the State Board, upon presentation of sufficient justification, may give special permission to waive the minimum criteria.

3.1.3 ' Election for District Formation

When the State Board determines that the proposed area district is practical and needed, it shall call an election in all school districts or counties which would have territory within the proposed district boundaries to allow electors to vote upon inclusion in the new district.

3.1.3.1 Favorable Election

In the event of a successful election, the State Board shall issue an order declaring the district to be established, designate a school district number, rone the area district with the advise and counsel of the local school districts or counties j and call an elec­ tion for school board members.

[O.G. Register 82-396; filed July 30, 1982, 11:30 a.m.]

_ms RULES AND REGULATIONS

STATE GOVERNMENT

State Fire Marshal Commission

The State Fire Marshal Commission filed copies of the National Fire Protection Association Standards, Revised, and adopted by the State Fire Marshal Commission July 23, 1982, as provided in O.S. 1971, Title 74, Sections 324.1 et seq.

NFPA #10, "Portable Fire Extinguishers," 1981 Edition NFPA #90A, "Air-Conditioning & Ventilating Systems," 1981 Edition NFPA #385, "Tank Vehicles for Flammable & Combustible Liquids," 1979 Edition NFPA #490, "Storage of Ammonium Nitrate," 1980 Edition

These standards will be used by the State Fire Marshal Agency, effective upon adoption. Adoption has been accomplished in compliance with O.S. 1971, Title 75, Sections 251 et seq. and Sections 301 et seq.

Due to length the Standards are not published here. Copies are available at the Department of Libraries and the Office of State Fire Marshal for inspection.

[O.G. Register 82-389; filed July 23, 1982, 2:00 p.m.]

STATE GOVERNMENT

Department of Tourism and Recreation

The Oklahoma Department of Tourism and Recreation filed COMMISSIONER'S LETTER July 1982. Copies are available for public inspection at the Department of Tourism and Recreation and the Oklahoma Department of Libraries.

[O.G. Register 82-387; filed July 21, 1982, 1:30 p.m.]

MENTAL HEALTH

Department of Mental Health

The Oklahoma Department of Mental Health has filed copies of their Rules and Regulations adopted July 13, 1982. A photostatic copy follows. Appendix B, HOSPITAL PROCEDURES AND FORMS FOR CLINICAL RECORDS, and Appendix C, COMMUNITY MENTAL HEALTH CENTER PROCEDURES AND FORMS FOR CLINICAL RECORDS, are not being published at this time due to their length. Copies are available at the Department of Mental Health, 4545 North Lincoln Boulevard, Suite 100 East Terrace, Oklahoma City, and at the Department of Libraries, Room 109, State Capitol, Oklahoma City.

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Rules/Regulations and Guidelines

SUBJECT: Number: 02-347 PATIENT TRANSFERS Date Released: LEGAL OR OTHER REFERENCE: Julv 13. 1982 43A O.S. Sections 1 et. seg.; Date Reviewed: American Psychiatric Association Standards Life Safety Code

1. DEFINITIONS:

A. "Rule/Regulation" - An agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy, or prescribes the procedure or practice requirements of the agency.

p. "Guideline" - An indication or outline of policy, conduct, or intent not having the status of a rule or regulation.

2. APPLICABILITY:

A. Governmental Facilities:

The above-titled Rule/Regulation is applicable to the following governmental organizations operated by the Oklahoma State Depart­ ment of Mental Health:

(1) / x / OSDMH Central Office

(2) / x / Hospitals,

(3) / x / Phil Smalley Children's Center

(4) / x / Community Mental Health Centers

DEPARTMENT OF MENTAL HEALTH Page 1 of 7

122 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

Number: 02-347 cont'd

B. Voluntary Facilities: The above-titled Rule Regulation is applicable to the following voluntary organizations staffed or funded by the Oklahoma State Department of Mental Health as a guideline: (1) Community Mental Health Centers

/ x / (1) Under twenty-five (25) employees

/ x / (2) Over twenty-five (25) employees, but less than 50

/ x / (3) Fifty (50) to one hundred (100) employees

/ X / (4) Over one hundred (100) employees

(2) / X / Alcohol and/or Substance Abuse Programs

(3) / X / Boarding Homes and Transitional Living Facilities

(4) / X / Methadone Treatment Centers

(5) Other:

Page 2 of 7_

_*?23 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 02-347 cont'd

INTRA DEPARTMENTAL TRANSFERS

A. Upon order of the Commissioner of Mental Health, any committed inpatient on consenting voluntary inpatient may be transferred to another facility within the Department if it shall be deter­ mined by the Commissioner that the patient's general welfare, care and treatment can be more effectively provided for at another facility. Relatives, parents or guardians of transferees shall be notified as soon as the decision has been made to move them.

B. Superintendents/directors of all mental health facilities within the Department shall promulgate policies and procedures governing the procedure for orderly transfer of patients between hospital service areas or from one facility to another.

C. A temporary transfer of a patient may be made in order to allow a patient to take advantage of a special service not available at his/ her facility of residence. Requests for such transfers shall be presented to the superintendent/director and given full and fair hearing with assistance of the patient advocate's office, if avail­ able, or legal counsel. Procedures for the review of requests for transfers shall be promulgated by the facility and made available to all patients. Should the superintendent/director deem the transfer warranted, after said hearing, s/he shall make a formal request to the Commissioner of Mental Health or his designee. Supporting infor­ mation from the patient's record upon which the decision was made shall be included with the temporary transfer request.

D. Evidence shall be submitted by the receiving facility regarding availibility of bed space to the Commissioner. If any facility is unable to accommodate temporary transfer of patients for the pur­ pose of taking advantage of special services offered therein, a waiting list shall be established and accommodation of individuals on a priority basis shall be made in this manner. The final decision of the Commissioner shall consider the following factors:

(1) Whether the patient meets the medical standards for admission to the receiving facility;

(2) Whether the patient can be safely maintained at the receiving facility;

Page 3 of 7 . STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 02-347 cont'd

(3) Whether or not a more suitable program which is not available at the patient's current facility of residence exists at the proposed facility;

(4) Whether there is available bed space at the proposed facility.

4. INTER-AGENCY TRANSFERS:

A. Facilities shall investigate and compile-lists of individuals who are eligible or would be better served by other state agencies who pre­ sently reside within facilities in the Department of Mental Health.

B. Lists of individuals whose primary diagnosis is mental retardation, not mental illness, for example, shall be compiled and submitted to the Commissioner of Mental Health. Negotiation for the transfer of said individuals to the Mental Retardation Authority, the Depart­ ment of Human Services, shall be conducted by the Commissioner.

C. Upon agreement between the Commissioner of Mental Health and the Board of Control of the Neuro-psychiatric Unit of Oklahoma Memorial Hospital, patients may be transferred from the neuro-psychiatric unit to a proper facility within the Department of Mental Health, or a Department facility to the neuro-psychiatric unit.

D. Pertinent factors as outlined in this rule shall be considered in the effectuation of these transfers.

5. FEDERAL INSTITUTIONS:

Certain patients may be eligible for care in facilities operated by the Veterans Administration, the Oklahoma War Veterans Commission, the United States Public Health Service or other agencies of government. Should the superintendent/director of a state operated mental health facility feel that a patient in his or her facility would be better • served by such a facility they should make such recommendation to the Commissioner explaining the rationale of their recommendation. The Commissioner shall evaluate each recommendation and those favorably considered shall be implemented by staff of the Department.

6. INTER-STATE COMPACT ON MENTAL HEALTH:

A. Pursuant to the Interstate Compact on Mental Health, patients who are not transferees from penal institutions and who were non-residents of

Page 4 of _»125 « V

( STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 02-347 cont'd

the State of Oklahoma, prior to institionalization but by reason of having relatives, family or close friends in the State of Oklahoma, desire care and treatment in state facilities, may petition the Oklahoma State Commissioner of Mental Health through proper repre­ sentatives in the sending state for transfer to a facility within the Department of Mental Health. The expense of transfer of said patients shall be bourne by the loosing hospital facility and paid for from the "travel fund." All decisions regarding transfers under the Interstate Compact shall be made by the Commissioner of Mental Health.

B. The following are member states of the Interstate Compact on mental health:

Alaska, Arkansas, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia, Wisconsin, Kansas, Hawaii.

C. Non-residents of the State of Oklahoma who have been admitted as patients to a facility within the Department may be transferred to similar facilities within the state of their former residence or domicile upon approval of the Commissioner or his designee. Super­ intendents/directors of facilities within the Department shall maintain data to reflect all non-resident patients within their facilities. After review of all necessary documentation esta­ blishing a patient's residence in another state, the Commissioner on request of the patient and/or the hospital superintendent/director may seek to transfer the patient to a facility in another state. The superintendent/director of the Oklahoma facility shall make arrangements for the orderly transfer of said patient to the out-of-state facility of their former domicile or residence.

TRANSFER OF FEMALE PATIENTS:

Whenever a female patient is transferred from one facility to another within the Department, she must be accompanied by a female employee of the Department or a suitable relative of the female patient.

Page 5 of 7 .

-S126 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules and Regulations

Number: 02-347 cont'd

8. INMATES OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS:

A. Upon request of the Director of the Oklahoma Department of Corrections, or the warden of any correctional facility in the State of Oklahoma, the Commissioner of Mental Health shall direct the examination of persons confined in any penal facility who appear to be suffering from mental illness. If this examination shall reveal the inmate to be in need of care and treatment due to mental illness, the Commissioner of Mental Health may accept the transfer of such inmate at an appropriate mental health facility. The costs incurred in transferring the prisoner shall be borne by the penal institution.

B. The forensic unit in Eastern State Hospital shall provide care and treatment to Department of Correction transferees. Prisoner-patients will be retained at Eastern State Hospital for care and treatment until such time as the condition of each individual has been improved to the point that they may be returned to the admitting penal insti­ tution or other facility designated by the Department of Corrections.

The superintendent/director shall make the final decision regarding when prisoner-patients are sufficiently stabilized to be returned to the Department of Corrections.

C. If the sentence of any prisoner-patient expires during his/her stay in the mental health facility, and it is the decision of the superin­ tendent/director that s/he is still mentally ill and potentially dan­ gerous to him/herself or others, the superintendent/director shall take the appropriate legal steps to have the individual committed for care and treatment at his/her facility.

9. INTRA-FACILITY TRANSFER OF PATIENTS TO MORE RESTRICTIVE SETTINGS:

A. It is recognized that under certain conditions, it may be justified to assign and transfer patients to locked wards. A Patients' refusal to obey ward and hospital rules or failure to follow their treatment plan is not in itself sufficient to justify assignment to locked wards. When a transfer is not for safety purposes, it must be a part of a comprehensive treatment program for the patient in question.

B. Psychiatric facilities shall transfer patients to a higher security or more restrictive unit in non-emergency situations only if:

(1) The patient's recent behavior and probable future behavior is sufficient to justify the transfer;

Page 6 of 7 _*127 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 02-347 cont'd

(2) The patient has not objected to the transfer, or, if he has objected, the patient has been given adequate opportunity in an administrative hearing to defend himself from such transfer with the help of a patient advocate or legal counsel; and,

(3) The administrative decision to support the transfer is either not appealed to a court of law or, when appealed is affirmed by the court.

C. A patient shall not be subjected to physical, mental, or emotional abuse. Door locks and other structural restraints should be kept to a minimum.

D. A patient/client of a psychiatric facility shall be released from a residential unit as soon as a less restrictive form of treatment becomes adequate and available.

E. Less restrictive alternative forms of treatment shall be considered including transfer and care in less than maximum security full-time residential units.

F. Over and beyond the above American Psychiatric Association recommen­ dations, the following conditions must also be met:

(1) Patients shall be given adequate representation, individually or with the help of a patient advocate duly appointed by the clinical director or legal counsel, in a treatment team meeting in which transfer to a locked ward is decided.

(2) A physician's order is required before actual transfer to a locked ward. The physician must document the reason(s) for the transfer in the patient's records.

(3) The least restrictive locked ward sufficient for the safety of patients and the reason(s) for the transfer shall be documented.

(4) Patients shall be informed of their appeal rights.

(5) The attending physician of each locked ward shall review the need to keep patients in a locked ward every twenty-four (24) hours. Patients shall be released to a less restrictive setting as soon as their behavior no longer threatens the safety of others, or when the reason for the initial transfer is no longer valid.

Page 7 of 7 . s»*28 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

SUBJECT: Number: 05-253 Pathology/Laboratory Services Date Released: LEGAL OR OTHER REFERENCE: July 13, 1982 Date Reviewed: Consolidated Standards, JCAH

1. DEFINITIONS:

A. "Rule/Regulation" - An agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy, or prescribes the procedure or practice requirements of the agency.

B. "Guideline" - An indication or outline of policy, conduct, or intent / not having the status of a rule or regulation.

2. APPLICABILITY:

A. Governmental Facilities:

The above-titled Rule/Regulation is applicable to the following governmental organizations operated by the Oklahoma State Depart­ ment of Mental Health:

(1) / x / OSDMH Central Office

(2) / x / Hospitals,

(3) / x / Phil Smalley Children's Center

(4) / x / Community Mental Health Centers

DEP/,„T:_E«T OF MENTAL HEALTH Approved b\ \

COMMISSIONER * 3 Page 1 of 6 ^23 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

Number: 05-253 cont'd

B. Voluntary Facilities: The above-titled Rule Regulation is applicable to the following voluntary organizations staffed or funded by the Oklahoma State Department of Mental Health as a guideline: (1) Community Mental Health Centers / / (1) Under twenty-five (25) employees

/ / (2) Over twenty-five (25) employees, but less than 50

/ X / (3) Fifty (50) to one hundred (100) employees

/ x / (4) Over one hundred (100) employees

(2) / / Alcohol and/or Substance Abuse Programs

(3) / / Boarding Homes and Transitional Living Facilities

(4) / / Methadone Treatment Centers

(5) Other:

Page 2 of

S130 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 05-253 cont'd

3. Facilities shall provide pathology and laboratory services in accordance with the needs of the patients, the size of the facility, the services offered, and the resources available to the community. If laboratory services are required they shall be provided by one of the following methods:

(1) The facility shall provide the services;

(2) The services shall be provided through a contractual agreement with an outside facility that is in a hospital accredited by JCAH, is an independent laboratory approved by the Commission on Inspection and Accreditation of the College of American Pathologists, or in a labo­ ratory that meets equivalent standards; or

(3) The facility may work out an agreement with another facility of the Oklahoma Mental Health System to provide the service.

4A. A written plan shall clearly describe the means of providing pathology and laboratory services and the position of those services in the overall organization of the facility.

B. When pathology and laboratory services are provided by a facility, written policies and procedures shall govern the operation of the service. By whatever, means laboratory or pathology services are provided they shall be sufficient to meet the usual needs of the professional staff in caring for the patients.

C. Orders or requisitions for services shall identify the patient and responsible physician, and shall specify the tests requested, the date and time the request reached the laboratory, and any special handling required.

D. Written procedures should be developed to assure that satisfactory speci­ mens are collected for tests. Each specimen shall be numbered or otherwise appropriately identified.

E. A record shall be maintained for each specimen collected. This record should contain at least the following information:

(1) Laboratory procedure number name;

(2) Identification of the patient;

Page 3 of 6_ 9>131 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 05-253 cont'd

(3) Name of the requesting staff member;

(4) Date and time the specimen was collected;

(5) Date, time, and by whom the specimen was examined;

(6) Condition of any unsatisfactory specimen;

(7) Type of test or procedure performed; and

(8) Result and date reported.

F. Each necropsy and autopsy shall be performed by a pathologist. Autopsies 'shall be performed by the medical examiner when he chooses to exercise jurisdiction.

(1) Each necropsy procedure, and the record of it, shall be thorough and detailed.

(2) Provisional anatomic diagnosis should be recorded in the patient's record within 72 hours, when feasible.

(3) The complete protocol should be made part of the patient's record within three months.

5A. The pathology and laboratory service shall be directed by a physician member of the professional staff who is qualified through education and/ or experience to assume this responsiblity. A consultant who is a patho­ logist shall be retained to provide consultation service on a regular basis. B. Enough laboratory technologists/technicians shall be available to promptly and proficiently perform the tests required of the laboratory.

6.' The pathology service shall use an acceptable method of quality control. The staff shall be afforded opportunities for staff development through in-service education and attendance of seminars and other educational programs. New employees shall be oriented in the proper use of equipment and the procedures of the laboratory.

7. Work areas in the laboratory shall be arranged to minimize transportation and communication problems, and should be adequately lighted to facilitate accuracy and precision.

Page 4 of 6 . STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 05-353 cont'd

(1) Adequate and conveniently located bench space should provided for the efficient handling of specimens and for the housing of equipment and reagents.

(2) Equipment and instruments should be appropriate to the pathology and laboratory services provided. A preventive maintenance program shall be in evidence to insure that equipment is properly maintained. Out­ side service shall be secured when necessary to calibrate or insure accuracy of equipment.

(3) The laboratory should have enough properly grounded electrical outlets with adequately stabilized voltage.

(4) Special precautions should be taken to avoid physical chemical, and biological hazards.

(5) Adequate space and equipment shall be provided in the necropsy area to accommodate the usual work load.

(6) Enough lighting should be provided to identify inconspicious lesions.

(7) Ventilation should be provided to minimize discomfort for personnel in the facility.

8A. Each facility operating a laboratory shall develop a schedule of charges for each procedure performed in or handled by the laboratory. A cost of $3.00 per specimen sent to reference laboratories should be incorporated into local costs along with other personnel and overhead costs from which individual charges will be derived.

B. Using predetermined charges the chief technologist shall prepare a "Monthly Report of Services" which shall reflect the number of procedures provided for each major customer inside or outside the facility. The number of procedures should be extended by multiplying the number of procedures by the charge for each procedure. The product for each customer/procdure should be added to arrive at a sum which will represent the effort, expressed in dollars, for each major customer/ procedure inside or outside of the facility.

C. The format for the "Monthly Report of Services" is shown on the following example:

2133 Page 5 of STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 05-253 cont'd

EXAMPLE

MONTHLY REPORT OF LABORATORY/PATHOLOGY SERVICES:

Name of Facility

Month of Report

TYPE UNIT WARD DEPARTMENT OF TOTAL of 2-A CORRECTIONS PROCEDURE CHARGE UNITS CHARGE UNITS CHARGE UNITS CHARGE UA $ 4.00 30 $120.00 41 $164.00 71 $ 284.00

CBC 11.00 63 693.00 33 242.00 85 935.00

TOTAL 93 $813.00 63 $406.00 156 $1,219.00

Prepared by:

Page 6 of 6

«-AOT1 O /ti STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

SUBJECT: Number: 05-300 Radiology Services Date Released: July 13, 1982 LEGAL OR OTHER REFERENCE: Date Reviewed:

Consolidated Standards, JCAH

DEFINITIONS: "Rule/Regulation" - An agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy, or prescribes the procedure or practice requirements of the agency. B. "Guideline" - An indication or outline of policy, conduct, or intent not having the status of a rule or regulation.

APPLICABILITY:

A. Governmental Facilities:

The above-titled Rule/Regulation is applicable to the following governmental organizations operated by the Oklahoma State Depart­ ment of Mental Health:

(1) / X / OSDMH Central Office (2) / x / Hospitals, (3) / x / Phil Smalley Children's Center (4) / x / Community Mental Health Centers

DEPARTMENT OF MENTAL HEALTH

Page 1 of 4_ 2135 COMMISSIONER STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

Number: 05-300 cont'd

B. Voluntary Facilities: The above-titled Rule/Regulation is applicable to the following voluntary organizations staffed or funded by the Oklahoma State Department of Mental Health as a guideline: (1) Community Mental Health Centers / / (1) Under twenty-five (25) employees / / (2) Over twenty-five (25) employees, but less than 50 / / _x_ / (3) Fifty (50) to one hundred (100) employees / _x_ / (4) Over one hundred (100) employees (2) / / Alcohol and/or Substance Abuse Programs (3) / / Boarding Homes and Transitional Living Facilities (4) / ____ / Methadone Treatment Centers (5) Other:

Page 2 of 4 . STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 05-300 cont'd

3. Radiology services (radiographic and fluoroscopic services) shall be made available to the clinical staff in those facilities operated by or subsi­ dized by the Department of Mental Health normally holding patients over­ night. Radiology service may be provided by organic personnel and/or through contractual arrangement. Such arrangements as are adopted by a particular facility shall be contained in a written plan including pro­ cedures that shall govern the operation of the service.

4. A radiologist shall be employed on a full time, part time or contractual basis to exercise oversight regarding the operation of the service and to interpret radiographs taken by the service.

5. Radiological equipment shall be examined for leakage and calibrated no less frequently than annually. A written calibration record shall be maintained in the Radiology Service.

6. Facilities that maintain patients overnight shall have one qualified radio­ logical technologist on duty or available at all times. Neighboring hospi­ tals that have a radiological technologist on duty or on call at all times and have a contract or transfer agreement with the facility will be deemed as satisfying this requirement.

7. Film badges or other radiation monitoring equipment shall be utilized by all employees regularly working for the Radiology Service.

8. Radiological Service shall provide in-service training to the staff regarding procedures, safety practices and care of equipment. Training shall be documented.

9. Written policies and procedures shall be developed by the Radiology Service in consultation with the clinical staff describing the methods by which service will be provided. These policies and procedures shall be revised as necessary, regularly reviewed and updated to indicate the date of last review. As a minimum , policies and procedures shall cover the following points:

(1) Radiology services shall be provided only when requested by a physician with appropriate clinical privileges;

(2) Procedures involved in preparing patients for special radiological examinations;

2J37 Page 3 of STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 05-300 cont'd

(3) Method for obtaining portable X-ray examinations when the facility has a portable X-ray unit;

(4) A statement to the effect that non-medical personnel will not be permitted to administer diagnostic agents;

(5) Procedure for the care of patients having special needs such as those that are critically ill, require isolation or other special catagories;

(6) Records and film retention policy; and the

,(7) Mechanism for disposing of used X-ray film and/or hypo-solution and the sale of same.

Page 4 of 4 .

2138 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

SUBJECT: Number: 21-087 Dental Services Date Released: July 13, 1982 LEGAL OR OTHER REFERENCE: Date Reviewed: Consolidated Standards, JCAH

DEFINITIONS: "Rule/Regulation" - An agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy, or prescribes the procedure or practice requirements of the agency. "Guideline" - An indication or outline of policy, conduct, or intent not having the status of a rule or regulation.

APPLICABILITY: Governmental Facilities: The above-titled Rule/Regulation is applicable to the following governmental organizations operated by the Oklahoma State Depart­ ment of Mental Health:

(1) / x / OSDMH Central Office (2) / x / Hospitals, (3) / x / Phil Smalley Children's Center (4) / x / Community Mental Health Centers

DEPARTMENT OF MENTAL HEALTH

T3Hk, \_2_____JUf- ) Page 1 of 3_ 2139 COMMISSIONER STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 21-087 cont'd

B. Voluntary Facilities:

The above-titled Rule/Regulation is applicable to the following voluntary organizations staffed or funded by the Oklahoma State Department of Mental Health as a guideline:

(1) Community Mental Health Centers

/ / (1) Under twenty-five (25) employees

/ / (2) Over twenty-five (25) employees, but less than 50

/ _x_ / (3) Fifty (50) to one hundred (100) employees

/ _x_ / (4) Over one hundred (100) employees

(2) / / Alcohol and/or Substance Abuse Programs

(3) / / Boarding Homes and Transitional Living Facilities

(4) / / Methadone Treatment Centers

(5) Other:

Page 2 of 3 2140 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 21-087 cont'd

3. Each mental health facility holding patients overnight shall make provi­ sions for the dental care and treatment of patients. The plan for rendering dental care shall be documented in the facility Dental Care Plan, including provisions for emergency dental care.

4. Each mental health facility holding patients overnight that do not have their own tooth brush or dentifrice and are mentally competent to use same, shall be provided a tooth brush and dentifice by the facility and encour­ aged to use same as part of their nursing care plan.

5. Full or partial dentures shall be supplied judiciously to inpatients depending on the evaluation and judgment of the dentist and the mental prognosis of the patient. This service will not be provided outpatients. Dentures shall be provided based on the dental needs of the patient with­ out regard to the patient's ability to pay for same.

6. All examinations and dental care provided patients shall be recorded in the patient's medical record.

7. Any patient admitted to a mental health facility that, in the opinion of the attending physician, requires dental care shall be referred for a dental consultation and shall be seen by a dentist within thirty (30) days.

8. Any patient remaining continuously in a mental health facility for ninety (90) days shall be examined, screened and scheduled for treatment as required by a dentist.

9. Consultative dental services shall be available on request.

10. The Dental Service shall be under the supervision of a licensed dentist. The Chief of Dental Service may be full time, part time or retained under contractual arrangement.

IL. Personnel shall be assigned to the Dental Service to meet the workload.

12. Adequate space and equipment shall be provided consistent with the needs and staffing of the Dental Service.

13. Dental X-ray units shall be maintained by qualified personnel, checked for leakage and calibrated at least annually.

14. Consent for treatment shall be obtained before treatment is initiated.

2141 Page 3 of STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

SUBJECT: Number: 22-096 Dietetic Services Date Released: July 13, 1982 • LEGAL OR OTHER REFERENCE: Date Reviewed: • Consolidated Standards, JCAH

DEFINITIONS:

"Rule/Regulation" - An agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy, or prescribes the procedure or practice requirements of the agency. B. "Guideline" - An indication or outline of policy, conduct, or intent not having the status of a rule or regulation.

2. APPLICABILITY:

Governmental Facilities:

The above-titled Rule/Regulation is applicable to the following governmental organizations operated by the Oklahoma State Depart­ ment of Mental Health:

(1) / x / OSDMH Central Office (2) / x / Hospitals,

(3) / x / Phil Smalley Children's Center

(4) / x / Community Mental Health Centers

DEPARTMENT OF MENTAL HEALTH Approved^ bfc4h \ iv Page 1 of 8 ; COMMISSIONER • OT-OT-OTOT-____^0 2142 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 22-096 cont'd

B. Voluntary Facilities:

The above-titled Rule Regulation is applicable to the following voluntary organizations staffed or funded by the Oklahoma State Department of Mental Health as a guideline:

(1) Community Mental Health Centers

/ / (1) Under twenty-five (25) employees

/ / (2) Over twenty-five (25) employees, but less than 50

/ _x_ / (3) Fifty (50) to one hundred (100) employees

/ __x_ / (4) Over one hundred (100) employees

(2) / / Alcohol and/or Substance Abuse Programs

(3) / _x_ / Boarding Homes and Transitional Living Facilities

(4) / / Methadone Treatment Centers

(5) Other:

Page 2 of 8

2Hi_T STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

Number: 22-096 cont'd

3. A. All facilities of the Mental Health System that are funded all or in part by the Oklahoma State Department of Mental Health that routinely care for patients overnight and provide them with meals shall have a written plan des­ cribing the organization and delivery of dietetic services, or the arrangements for the provision of such services, to meet the needs of patients. B. If such services are provided by an outside company, the contractual agreement between the program and the company shall require the company to comply with the service's written plan and the standards of this section. C. The plan shall require that the dietetic service be directed by an individual who by training and/or experience is knowledgeable in food service management. D- The plan shall require the utilization on a full-time, part-time or consultation basis of at least one qualified dietitian who has the following qualifications: (1) Is registered or eligible for registration by the Commission on Dietetic Registration; or (2) Has the documented equivalent in education, training, and experience with evidence of relevant continuing education. E. The plan shall describe the utilization of the qualified dietitian. (1) The nutritional aspects of patient care shall be under the direction of the qualified or registered dietitian or other appro­ priate persons under the supervision of a dietitian. (2) When a part-time or consultant dietitian is utilized, the hours of the dietitian shall be such as to perform the following tasks: (a) Ensure continuity of service; (b) Direct the nutritional aspects of patient care; (c) Ensure that dietetic instructions are carried out; (d) On occasion, supervise the serving of meals; and (e) Assist in the evaluation of the service.

Page 3 of 8

2144 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 22-096 cont'd

(3) When a qualified or registered dietitian serves in a consultant status, regular written reports should be subsmitted to the chief executive officer concerning the extent of services provided by the dietitian. When the only dietitian is a consultant, s/he shall be present in the facility at least once each month, and/or eight (8) hours, for consultation.

4. The service shall have an adequate number of appropriately qualified individuals to meet its responsibilities.

5. There shall be written policies and procedures governing all aspects of dietetic services.

(1) The policies and procedures shall delineate the responsiblities and authority assigned to staff.

(2) The policies and procedures shall include provisions for dietetic counseling and instruction.

(3) The policies and procedures shall provide that special dietetic orders should be recorded in the patient's record.

(4) The policies and procedures shall include provisions designed to ensure that all observations and information pertinent to dietetic treatment are recorded in the patient's record.

(5) The policies and procedures shall specify that standards for nutritional care should be used to aid in evaluating the nutritional adequacy of the patient's diet and in ordering diet supplements. The current "Recommended Dietary Allowances" of the Food and Nutrition Board of the National Reserach Council of the National Academy of Sciences is suggested as a guide in developing these standards.

(6) The policies and procedures shall provide that when patients are assigned to the dietetic service for therapeutic or vocational purposes, the method or their assignment shall be in accordance with the policies and procedures of the facility.

(7) The policies and procedures shall describe the methods for ensuring that each patient receives the prescribed diet regimen when special diets are ordered.

(8) The policies and procedures shall include mechanisms for altering diets or diet schedules as well as discontinuing diets. Page 4 of 8 2145 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 22-096 cont'd

(9) The policies and procedures shall be designed to ensure that, when medically indicated, diet information will be forwarded upon the patient's discharge to another institution or facility. Dietary personnel will, when indicated, routinely participate in the discharge planning of patients.

(10) The policies and procedures shall include requirements for the ancil­ lary dietetic services, including food storage and preparation in kitchens or patients' units, formula supply, vending operations, and icemaking.

(11) The policies and procedures shall require that the dietetic service be maintained in a safe and sanitary manner, particularly in the prepa­ ration and handling of food, the care and cleaning of equipment and work areas, and the washing of dishes.

(12) The policies and procedures shall include requirements for food purchasing, storage, preparation, and service.

(13) The policies and procedures shall include requirements regarding the health and hygiene of personnel.

(a) Dietetic service employees shall be regularly inspected for open skin lesions on the hands or face. Employees presenting with these conditions shall be assigned duties that do not involve direct handling of food.

(b) Health policies for dietetic service employees shall be in com­ pliance with federal, state, and local laws and regulations.

(c) The health policies for patients assigned to the dietetic service for therapeutic or vocational purposes shall be the same as for diete­ tic service employees.

(14) The policies and procedures shall include provisions for the discarding of plastic ware, china, glassware, or similar items that have lost their glaze or are chipped or cracked.

(15) The policies and procedures shall include requirements for the control of lighting, ventilation, and humidity to prevent condensation of moisture and growth of molds.

(16) The policies and procedures shall provide that dish and utensil washing equipment and techniques will be used which will result in sanitized service- ware and prevent contamination.

Page 5 of 8 . STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 22-096 cont'd

(17) Policies and procedures shall be provided to prevent contamination in the making, storing, and dispensing of ice. Ice from storage shall be dispensed by a scoop. Food items shall not be stored directly on stored ice.

(18) The policies and procedures shall provide that disposable containers and utensils be discarded after one use.

(19) The policies and procedures shall provide that unauthorized personnel be restricted from the food service area.

6. All menus shall be approved by a qualified dietitian and:

(1) An up-to-date diet manual shall be used that is approved by a dietitian and the program's physicians. The manual shall be reviewed annually and revised as necessary by a qualified dietitian and dated to identify the time of the review. Any revisions made shall be approved by the program's physi­ cian^);

(2) The ordering of diets should be standardized through the use of this diet manual;

(3) Nutritional deficiencies of any diet in the manual shall be indicated. 7. Dietetic service personnel shall conduct periodic food acceptance studies among the patients and encourage them to participate in menu planning. The results of the food acceptance studies should be incorporated into revised menus. 8. Food shall be served in an appetizing and attractive manner, at realisti­ cally planned mealtimes, and in a congenial and relaxed atmosphere. Dining areas should be attractive and maintained at appropriate temperatures.

9.' The dietetic service shall be patient-oriented and should take into account the wide variations of eating habits, including cultural, religious, and ethnic needs of the individual patient.

10. Snacks shall be available as appropriate to meet the nutritional needs of the patient and the needs of the program.

Page 6 of 8_ 2147 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 22-096 cont'd

11. The dietetic service shall when appropriate be prepared to supply extra food for children, and to provide extra amounts of food needed by children and adolescents. At the same time, appropriate foods should be available for children and adolescents with special or limited dietary needs.

12. Dietetic service personnel shall be trained regarding the behavior and the therapeutic needs of the patients.

13. Dietetic service personnel shall assist patients, when necessary, in making appropriate food choices from the daily planned menu.

14. Dietetic service personnel shall be aware that emotional factors may cause changes in the food habits of the patients and shall communicate any changes to the clinical staff.

15. Adequate space, equipment, and supplies, as well as any necessary written procedures and precautions, shall be provided to ensure the safe and sanitary operation of the dietetic service and the safe and sanitary handling and dis­ tribution of food including the following:

(1) The dietitian's office should be easily accessible to all who require consultation service;

(2) The food service area should be appropriately located;

(3) Sufficient space shall be provided for supportive personnel to perform their duties; and

(4) The layout of the department, in combination with the type, size, and placement of equipment, shall make the efficient preparation and distribu­ tion of food possible.

16. The dietetic service shall be in compliance with all applicable federal, state, and local sanitation and safety laws and regulations.

17. The dietetic service shall have policies governing the handling and pre­ paration of foods including the following:

(1) All walk-in refrigerators and freezers on the premises shall be capable of being opened from the inside regardless of whether or not they are being used;

Page 7 of 8 . 23.48 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 22-096 cont'd

(2) Hot and cold water pipes, water heaters, ..^rigerators, compressors, condensing units, and uncontrolled heat-producing cquip««em. •»;..*•.l"• _.;. insulated; (3) Supplies shall be clearly labeled; (4) All nonfood supplies shall be stored in an area separate from that in which food supplies are stored; (5) Food shall be procured from sources that provide assurance that the food is processed under regulated quality and sanitation controls;

(6) Food shall be protected from contamination and spoilage;

(7) Perishable foods shall be stored at proper temperatures as indicated by a thermometer; (8) Adequate hand-washing and hand-drying facilities shall be located in convenient places throughout the food service area;

(9) Thorough cleansing and sanitizing of all working surfaces, utensils, and equipment shall occur after each period of use;

(10) The holding, transferring, and disposing of garbage shall be done so as not to create a nuisance, a breeding place for insects and rodents, or a medium for transmission of disease; (11) Garbage containers shall be leakproof and nonabsorbent and have close- fitting covers; and (12) All garbage containers should have impervious plastic liners.

18. The role of the dietetic service in the program's internal and external di.saster plan shall be clearly defined. The service shall be able to meet the nutritional needs of patients and staff during a disaster, consistent with the capabilities of the program and community served.

Page 8 of 8_ 2149 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

SUBJECT: Number: 64-256 Clinical Records Date Released: July 13, 1982 LEGAL OR OTHER REFERENCE: Date Reviewed: JCAH Consolidated Standards O.S. 74 Section 565

1. DEFINITIONS:

A. "Rule/Regulation" - An agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy, or prescribes the procedure or practice requirements of the agency.

B. "Guideline" - An indication or outline of policy, conduct, or intent not having the status of a rule or regulation.

APPLICABILITY:

Governmental Facilities:

The above-titled Rule/Regulation is applicable to the following governmental organizations operated by the Oklahoma State Depart­ ment of Mental Health: (1) / x / OSDMH Central Office (2) / x / Hospitals, (3) / x / Phil Smalley Children's Center (4) / x / Community Mental Health Centers

DEPARTMENT OF ; MENTAL HEALTH Page of V**~wtr*) COMMISSIONER 2150 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 64-256 cont'd

B. Voluntary Facilities:

The above-titled Rule Regulation is applicable to the following voluntary organizations staffed or funded by the Oklahoma State Department of Mental Health as a guideline:

(1) Community Mental Health Centers

/ / (1) Under twenty-five (25) employees

/ / (2) Over twenty-five (25) employees, but less than 50 / x / (3) Fifty (50) to one hundred (100) employees

/ X / (4) Over one hundred (100) employees

(2) / / Alcohol and/or Substance Abuse Programs

(3) / / Boarding Homes and Transitional Living Facilities

(4) / / Methadone Treatment Centers

(5) Other:

Page 2 of F3.K1 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 64-256 cont'd

Purpose:

A. All inpatients and outpatients presenting to facilities of this department or being seen on a contractual basis by facilities of the Mental Health System shall be assigned a clinical record number and have a clinical record opened to record the course of the patient's care and treatment. The same clinical record number shall be used to identify all other subsequent episodes of care and treatment within a particular facility.

B. The clinical record shall:

(1) describe the patient's status when admitted and the service / provided; (2) document progress, type of care or treatment provided, obser­ vation of patient behavior and the involvement of the patient and family members in the patient's treatment program;

(3) document actions taken to protect the rights of the patient, the patient's family, the program and staff;

(4) provide information which may be used for review, study, training, research, quality assurance and other measures related to the treatment provided;

(5) serve as a basis for the coordination and implementation of treatment and also as a means for communications between staff members involved in the patient's treatment;

(6) facilitate continuity of treatment and permit one to determine what treatment was being provided at any time in the past and how the patient was responding at that time to the particular care or treatment being received.

Contents:

Each clinical record shall have a completed face sheet reflecting identification data as indicated in either appendix "B"

Page 3 of 9_

2152 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

Number: 64-256 cont'd

Hospital Procedures and Forms for Clinical Records or appendix "C" Community Mental Health Center Procedures and Forms for Clinical Records. The "face sheet" shall be completed as soon as information can be obtai ned.

B. Symbols and abbreviations shall not be used when recording diagnosis; when elsewhere used in the clinical record they shall be from an abbreviation list approved by this Department.

C. In addition, the patient record shall be completed to reflect the following data applicable to each patient:

(1) assessment of the patient;

(2) initial diagnosis;

(3) individual treatment plans and revisions thereof;

(4) all medications prescribed and administered including type, dosage, frequency of administration, ordering physician, person administering and any adverse associated reactions or errors;

(5) unusual events or occurrences such as:

(a) treatment complications;

(b) accidents or injuries to a patient;

(c) unauthorized absences;

(d) death of a patient; and

(e) procedures placing the patient at risk;

(6) documentation of patient and/or family consent for admission, treatment, evaluation, aftercare or research, as necessary;

(7) physical and emotional diagnosis according to ICD-9-CM and/or DSM III;

(8) laboratory and radiographic reports;

Page 4 of 9 . 2153 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 64-256 cont'd

(9) professional consultation requests and reports;

(10) operation/surgical reports;

(11) correspondence related to the patient and all signed and dated notations of relevant telephone calls regarding the patient's treatment;

(12) discharge summaries; and

(13) plans for aftercare.

Special Procedures:

A. The clinical record shall contain all written authorizations which are obtained to authorize a member of the clinical staff to perform any of the following:

(1) place the patient at risk for the purpose of performing surgical procedures or intrusive examinations;

(2) use potentially hazardous or aversive stimulation methods to accomplish a modidification in patients behavior:

(3) physically restrain the patient for a specific length of time:

(4) place a patient in a secluded area or room for a specified period of time:

(5) require a patient to receive, ingest or otherwise consume an unapproved or experimental drug against his/her will;

(6) any other procedure, treatment or medication that is extremely painful, life threatening or otherwise preferentially rejected by the patient.

B. The patient's clinical records shall also contain copies of legal or other adjudicatory hearings affecting the patients admission, care and treatment, ultimate discharge and aftercare.

C. Documentation shall clearly specify the specific procedures employed to protect the patient's safety and rights and the rationale or justi­ fication and authorization for imposing actions or conditions.

Page 5 of 9 . 2154 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 64-256 cont'd

6. Discharge Summary:

Each patient shall have a discharge summary completed within 14 days after being discharged. This discharge summary shall be a permanent part of the patient's record and shall, as a minimum, include:

(1) initial diagnosis;

(2) final primary and secondary diagnosis; and

(3) a clinical resume summarizing:

(a) all significant findings;

(b) course and progress of patient related to the treatment plan;

(c) recommendations and/or arrangements made for further treatment including prescribed medications and aftercare.

7. Medical Examiner:

A. Should a patient expire while undergoing treatment or receiving care in a facility of the Department of Mental Health it shall be the duty of the first physician present after death to notify the Medical Examiner of the circumstances leading to the death. Twenty-two northeastern counties (See appendix "A") are served by the Medical Examiner in Tulsa, Oklahoma, area code (918) 446-1581; other coun­ ties are served by the Oklahoma City-based Medical Examiner (405) 239-7141.

B. After the facility has verbally notified the Medical Examiner of the circumstances of the patients death the Superintendent/Director will insure that appropriate clinical documentation and a written report (Death Summary) is sent to the Medical Examiner within 36 hours.

C. When the Medical Examiner exercises jurisdiction in the cause of death of a particular patient, the facility will arrange for the transport of the body to the Medical Examiner.

D. If the Medical Examiner assumes jurisdiction regarding a patient's cause of death the Medical Examiner will also be responsible for completing the death certificate and disposing of remains. If the Medical Examiner does not feel the case merits further investigation, Page 6 of 9_ 2155 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

Number: 64-256 cont'd

and declines to accept remains, it is then the facility's responsibi­ lity to arrange for the notification of next of kin within 96 hours and to arrange for disposition of the body through family members, the Anatomical Board or County Commissioners.

E. If an autopsy is performed by or at the direction of the facility a copy of the autopsy report shall be included in the patient's record within three months after death.

8. Personnel:

Clinical records shall be the designated responsibility of an individual trained in their management. Requisite training will vary depending on the size of the facility. Hospitals and centers shall be expected to employ a Registered Record Administrator, Accredited Record Technician, or a person with similar training and/or experience in medical records management. If the above personnel are not employed, a Registered Records Administrator or an Accredited Record Technician should provide consultation to the facility on a regular basis.

9. Record Filing and Disposition:

A. Records of patients receiving active treatment shall be readily accessible to the treatment staff.

B. Facility superintendents/directors shall develop written policies regarding the compilation, access, storage and dissemination of patient records and their contents. The policies should establish uniform procedures, protect the records against loss or unauthorized scrutiny and insure that records are dated and signed by appropriate individuals.

C. Locked or secured storage shall be provided for the safe storage of patient records and files. • D. The Department of Mental Health and units utilizing the OMHIS system shall have policies and procedures to insure confidentiality of patient related data. E. When patient records are removed from files there shall be a system for "tracking the file" including the name and record number of the patient, the name of the individual responsible for the record and the date the transaction occurred.

Page 7 of 9 . 2156 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH

Rules/Regulations and Guidelines

Number: 64-256 cont'd

F. State operated facilities shall have policies and procedures speci­ fying methods of storing or destroying obsolete patient related data coordinated with the Department of Libraries in accordance with O.S. 74 Sec. 565.

G. Voluntary agencies shall have policies and procedures specifying methods of storing or destroying obsolete patient related data and shall maintain patient records in legible form (microfilm or hard copy) for 7 years subsequent to discharge. In the case of a minor, the record shall be maintained until the minor reaches majority plus 7 years.

10. Access and Release:

A. Patient related data shall be accessible to members of the treatment team and for statistical analysis by the facility in which the patient was cared for and to authorized personnel of the Department of Mental Health. All individuals authorized access to patient data shall be made aware of their obligation to protect the confidentiality of patients.

B. Patient data may be released to the patient or his designee on written authorization of the patient (if legally empowered to conduct his own affairs) or his legal quardian.

C. Patient data is discoverable on the order of a court of competent jurisdiction and the Superintendent/Director shall comply with judicial orders.

D. In all cases where patient data is released to persons other than those specified in paragraph 8 a, above, the superintendent/ director or designee shall maintain a written log. The log shall contain the patient's name, case number, date of request, date released, purpose of disclosure, specific information released, identification of the recipient, and signature of the person releasing data. A copy of each release of information shall be placed in the applicable patient record.

E. Without legal interpretation or ruling to the contrary an authori­ zation for release of patient data shall be considered valid for 90 days following the date release was signed by the patient or his guardian or when the event or condition for which the original release was granted has expired.

Page 8 of 2157 STATE OF OKLAHOMA DEPARTMENT OF MENTAL HEALTH Rules/Regulations and Guidelines

Number: 64-256 cont'd

F. Patients signing release of information authorization shall be informed of the specific information being requested.

G. The person releasing patient data shall make every effort to insure that authorization was given freely and voluntarily and that coersion or threat or withholding treatment was not used or alluded to in order to effect the authorization.

H. Superintendent/directors shall designate individual(s) authorized to release patient information regarding a former patient being treated in another facility in emergency or life threatening situa­ tions. When this is done the designee must record information spe­ cified in paragraph 8 D, above.

I. When written release cannot be obtained, legal action is contemplated or other unusual circumstances are present the custodian of the records or other person making the release shall, in addition to the logged information, write a short memo entry into the record. The memo should explain the reason for any deviations from normal policy, patients name and case number, date and time of release or disclosure, information disclosed, and the names of the individuals by whom and to whom it was disclosed.

J. Patient's and/or guardians shall be informed of the emergency release of information as soon as possible.

11. Any directions contained in these rules and regulations shall not contra­ vene Federal, State or local laws.

12. Appendices:

A. Appended to these regulations are two (2) Appendices:

(1) Appendix "B" Hospital Procedures and Forms for Clinical Records.

(2) Appendix "C" Community Mental Health Center Procedures and Forms for Clinical Records.

B. These documents will be updated from time to time based on changing needs within the Mental Health System. These regulations and appli­ cable appendices shall be binding. Facilities not complying with these regulations or appendices shall systematically revise their operations to achieve compliance.

Page 9 of 9 . -' ' --VOTJL^

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[O.G. Register 82-383; filed July 19, 1982, 2:30 p.m.] 2159

The Oklahoma Gazette is published semimonthly by the Oklahoma Department of Libraries under the authority of 75 O.S. 1981, §§ 251-256, approved June 21, 1961, and is distributed only by the Oklahoma Department of Libraries. It is furnished without cost to those agencies listed in 75 O.S. 1981, § 255, and to all others for $20.00 per year, payable in advance to the Oklahoma Department of Libraries, or $1.00 per individual copy.

Inquiries concerning The Oklahoma Gazette should be directed to the Oklahoma Department of Libraries, to the attention of the Editor, at the Legislative Reference Division, located at 109 State Capitol, Oklahoma City, Oklahoma, with the mailing address of: 200 N.E. 18th Street, Oklahoma City, Oklahoma 73105, AC 405-521-2502.

THE OKLAHOMA DEPARTMENT OF LIBRARIES 200 N.E. 18TH STREET OKLAHOMA CITY, OKLAHOMA 73105