S 1100.6 R337 v.16, no.24 10/15/99 c-2

Volume 16 Number 24 October 15, 1999 Pages 3621 - 3636

—, Tfie Register

Oklahoma Secretary of State Office of Administrative Rules Frank Keating, Governor Mike Hunter, Secretary of State Dawn Amundsen, Assistant Secretary of State & Editor-in-Chief Peggy Coe, Managing Editor

THE OKLAHOMA REGISTER is an official publication of the State of Oklahoma. It is published semi-monthly on the first working day of the month and on the first working day following the 14th day of the month under the authority of 75 O.S., Sections 250 et seq. and OAC 655:10-15-1. The rules of the State of Oklahoma are codified and published in the Oklahoma Administrative Code.

Deadlines for accepting documents for publication in the succeeding issues are the 1st and 15th day of each month. If that date falls on a weekend or holiday the documents must be submitted by the previous working day. The Oklahoma Register and the documents submitted for publication are available for public inspection at the Office of Administrative Rules pursuant to the Oklahoma Open Records Act. Copies of the Register are also available for public inspection at many County Clerk's offices and the following Oklahoma libraries: Ada - East Central University Norman - Alva - Northwestern University - Metropolitan Library System Bartlesville - Bartlesville Public Library Oklahoma Department of Libraries Clinton - Western Plains Library System Stillwater - Oklahoma State University Edmond - University of Central Oklahoma Tahlequah - Northeastern University Enid - Public Library of Enid and Garfield County Tulsa - Tulsa City-County Library Lawton - Lawton Public Library University of Tulsa McAlester - Southeastern Public Library System University of Tulsa, Law Library CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by volume and the document's beginning page number. For example: 16 Ok Reg 256. SUBSCRIPTION RATE is $150.00 per year (for 4th class postal delivery) or $200.00 per year (for 1st class postal delivery), payable in advance. When available, individual issues may be purchased for $7.00 plus the cost of postage, payable in advance. Make checks payable to "Secretary of State." Send subscription requests, change of address notices, and undelivered copies to: Secretary of State, Office of Administrative Rules, P.O. Box 53390, Oklahoma City, Oklahoma 73152-3390.

Information about this publication may be obtained by contacting the Oklahoma Secretary of State, Office of Administrative Rules, 2401 North Lincoln Boulevard, 220 Building, 2nd Floor North, P.O. Box 53390, Oklahoma City, Oklahoma 73152-3390, or by calling (405) 521-4911. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. This publication is issued and printed by the Secretary of State as authorized by 75 O.S., Section 255. 196 copies have been prepared and distributed at a cost of $297.51. Copies have been deposited with the Oklahoma Department of Libraries, Publications Clearinghouse. ISSN 0030-1728. Table of Contents

Agency/Action/Subject Index iii Sections Affected Index iv Agency Index (Title numbers assigned) v Notices of Rulemaking Intent Health, Oklahoma State Department of (Title 310) 3621 Insurance Board, Oklahoma State and Education Employees Group (Tide 360) 3621,3622 Submissions for Review Health, Oklahoma State Department of (Title 310) 3625 Podiatric Medical Examiners, Board of (Title 545) 3625 Emergency Adoptions Health Care Authority, Oklahoma (Title 317) 3627 Real Estate Commission, Oklahoma (Title 605) 3630,3632 Vocational and Technical Education, Oklahoma Department of (Title 780) 3633 Executive Orders (Title 1) 3635

jt.

Agency/Action/Subject Index

GOVERNOR INSURANCE Board, Oklahoma State and Education Executive Orders Employees Group (Title 360) Declaring a disaster emergency due to storms in Notices of Rulemaking Intent Comanche County and surrounding areas Administrative Operations (Chapter 1) 3621 (Corrected copy 99-25) 3635 Health, Life, and Dental Plans (Chapter 10) 3622 Ordering flags at half staff to honor Oklahoma Highway The Disability Program (Chapter 15) 3622 Patrol Itooper David Warner Eales (99-28) 3635 PODIATRIC Medical Examiners, Board of (Title 545) Ordering flags at half staff to honor Congressional Submissions for Review Medal of Honor for heroism recipient John Crews (99-29) 3636 Examination/Preceptorship/Licensure (Chapter 15) 3625 HEALTH, Oklahoma State Department of (Title 310) REAL Estate Commission, Oklahoma (Title 605) Notices of Rulemaking Intent Emergency Adoptions WIC Regulations (Chapter 410) 3621 Administrative Operations (Chapter 1) 3630 Submissions for Review Rules and Regulations (Chapter 10) 3632 Electrical Industry Regulations (Chapter 245) 3625 VOCATIONAL and Technical Education, Oklahoma Mechanical Industry Regulations (Chapter 290) 3625 Department of (Title 780) Continuum of Care and Assisted Living Rules Emergency Adoptions (Chapter 663) 3625 Administration and Supervision (Chapter 10) 3633 HEALTH Care Authority, Oklahoma (Title 317) Emergency Adoptions Medical Providers - Fee for Service (Chapter 30) 3627

111 Sections Affected Index [(E) = Emergency action]

Section Register Page Section Register Page 317:30-5-763 [AMENDED] (E) 3627 605:10-3-1 [AMENDED] (E) 3632 605:1-1-4 [AMENDED] (E) 3631 780:10-9-2 [AMENDED] (E) 3634

IV Agency/Title Index [Assigned as of 10-15-99]

Agency Tide Agency Title

Oklahoma ACCOUNTANCY Board 10 FOSTER Care Review Advisory Board 285 State ACCREDITING Agency 15 Oklahoma FUTURES 290 AD Valorem Task Force (abolished 7-1-93) 20 GOVERNOR 295 Oklahoma AERONAUTICS Commission 25 GRAND River Dam Authority 300 Board of Regents for the Oklahoma AGRICULTURAL and Group Self-Insurance Association GUARANTY Mechanical Colleges 30 Fund Board 302 State Department of AGRICULTURE 35 Individual Self-Insured GUARANTY Fund Board 303 Board of Tests for ALCOHOL and Drug Influence 40 STATE Use Committee (Formerly: Committee on Purchases of ALCOHOLIC Beverage Laws Enforcement Commission 45 Products and Services of the Severely HANDICAPPED) .. 304 ANATOMICAL Board of the State of Oklahoma 50 Office of HANDICAPPED Concerns 305 Board of Governors of the Licensed ARCHITECTS and Oklahoma State Department of HEALTH 310 Landscape Architects of Oklahoma 55 Oklahoma Basic HEALTH Benefits Board 315 ARCHIVES and Records Commission 60 Oklahoma HEALTH Care Authority 317 Board of Trustees for the ARDMORE Higher Oklahoma HISTORICAL Society 320 Education Program 65 Oklahoma HORSE Racing Commission 325 Oklahoma ARTS Council 70 Oklahoma HOUSING Finance Agency 330 ATTORNEY General 75 Oklahoma HUMAN Rights Commission 335 State AUDITOR and Inspector 80 Department of HUMAN Services 340 State BANKING Department 85 Committee for INCENTIVE Awards for State Employees 345 Oklahoma Sate Employees BENEFITS Council 87 Oklahoma INDIAN Affairs Commission 350 Executive and Legislative BOND Oversight Commissions .... 90 Oklahoma INDIGENT Defense System 352 State BURIAL Board 95 Oklahoma INDUSTRIAL Finance Authority 355 [RESERVED] 100 Oklahoma State and Education Employees Group Oklahoma CAPITAL Investment Board 105 INSURANCE Board 360 Oklahoma CAPITOL Improvement Authority 110 INSURANCE Department 365 State CAPITOL Preservation Commission 115 State INSURANCE Fund 370 CAPITOL-MEDICAL Center Improvement and Oklahoma State Bureau of INVESTIGATION 375 Zoning Commission 120 Council on JUDICIAL Complaints 376 Board of Regents of CARL Albert State College 125 Office of JUVENILE Affairs 377 Department of CENTRAL Services (Fonnerfy: Office of PUBLIC Department of LABOR 380 Affairs) - See Title 580 Department of the Commissioners of the LAND Office 385 CEREBRAL Palsy Commission 130 Council on LAW Enforcement Education and Training 390 Commission on CHILDREN and Youth 135 Oklahoma LAW Enforcement Retirement System 395 Board of CHIROPRACTIC Examiners 140 Board on LEGISLATIVE Compensation 400 Department of CIVIL Emergency Management 145 Oklahoma Department of LIBRARIES 405 Oklahoma Department of COMMERCE 150 LIEUTENANT Governor 410 Oklahoma CONSERVATION Commission 155 Oklahoma LINKED Deposit Review Board 415 Department of CONSUMER Credit 160 Oklahoma LIQUEFIED Petroleum Gas Board 420 CORPORATION Commission 165 Oklahoma LIQUEFIED Petroleum Gas Research, Department of CORRECTIONS 170 Marketing and Safety Commission 422 State Board of COSMETOLOGY 175 LITERACY Initiatives Commission 425 Oklahoma State CREDIT Union Board 180 LONG-RANGE Capital Planning Commission 428 CRIME Victims Compensation Board 185 Board of Trustees for the MCCURTAIN County Joint CRIMINAL Justice System Task Force Committee 190 Higher Education Program 430 Board of DENTISTRY 195 Commission on MARGINALLY Producing Oil and Gas Wells . 432 Oklahoma DEVELOPMENT Finance Authority 200 State Board of MEDICAL Licensure and Supervision 435 Board of Regents of EASTERN Oklahoma State College 205 MEDICAL Technology and Research Authority of State Department of EDUCATION 210 Oklahoma 440 EDUCATION Oversight Board 215 Board of MEDICOLEGAL Investigations 445 Oklahoma EDUCATIONAL Television Authority 220 Department of MENTAL Health and Substance [RESERVED] 225 Abuse Services 450 State ELECTION Board 230 MERIT Protection Commission 455 Oklahoma State Board of EMBALMERS and Department of MINES 460 Funeral Directors 235 Oklahoma MOTOR Vehicle Commission 465 Oklahoma EMPLOYMENT Security Commission 240 Board of Regents of MURRAY State College 470 Oklahoma ENERGY Resources Board 243 Oklahoma State Bureau of NARCOTICS and State Board of Registration for Professional Dangerous Drugs Control 475 ENGINEERS and Land Surveyors 245 Board of Regents of NORTHERN Oklahoma College 480 Board of Trustees for the ENID Higher Education Program ... 250 Oklahoma Board of NURSING 485 Department of ENVIRONMENTAL Quality 252 Oklahoma State Board of Examiners for NURSING State Board of EQUALIZATION 255 Home Administrators 490 ETHICS Commission (Title revoked) 257 Board of Regents of OKLAHOMA City Community College .. 495 ETHICS Commission 258 Board of Regents of OKLAHOMA Colleges 500 Office of State FINANCE 260 Board of Examiners in OPTOMETRY 505 State FIRE Marshal Commission 265 State Board of OSTEOPATHIC Examiners 510 Oklahoma FIREFIGHTERS Pension and PARDON and Parole Board 515 Retirement System 270 Oklahoma PEANUT Commission 520 [RESERVED] 275 Oklahoma State PENSION Commission 525 State Board of Registration for FORESTERS 280 State Board of Examiners of PERFUSIONISTS 527 Agency/Title Index - continued

Agency Title Agency Title

Office of PERSONNEL Management 530 State Board of Licensed SOCIAL Workers 675 Oklahoma State Board of PHARMACY 535 SOUTHERN Growth Policies Board 680 PHYSICIAN Manpower Training Commission 540 Oklahoma SOYBEAN Commission 685 Board of PODIATRIC Medical Examiners 545 Board of Examiners for SPEECH-Langnage Pathology and Oklahoma POLICE Pension and Retirement System 550 Audiology 690 State Department of POLLUTION Control 555 STATE Agency Review Committee 695 POLYGRAPH Examiners Board 560 STATE Use Committee (Formerly: Committee on Oklahoma Board of PRIVATE Vocational Schools 565 Purchases of Products and Services of the Severely State Board for PROPERTY and Casualty Rates 570 HANDICAPPED) - See Tide 304 State Board of Examiners of PSYCHOLOGISTS 575 Oklahoma STUDENT Loan Authority 700 Department of CENTRAL Services (Formerly: Office of TASK Force 2000 705 PUBLIC Affairs) 580 Oklahoma TAX Commission 710 PUBLIC Employees Relations Board 585 Oklahoma Commission for TEACHER Preparation 712 Oklahoma PUBLIC Employees Retirement System 590 TEACHERS' Retirement System 715 Department of PUBLIC Safety 595 State TEXTBOOK Committee 720 REAL Estate Appraiser Board 600 Oklahoma TOURISM and Recreation Department 725 Oklahoma REAL Estate Commission 605 Department of TRANSPORTATION 730 Board of Regents of REDLANDS Community College 607 State TREASURER 735 State REGENTS for Higher Education 610 Board of Regents of TULSA Junior College 740 State Department of REHABILITATION Services 612 Oklahoma TURNPnCE Authority 745 Board of Regents of ROGERS State College 615 Board of Trustees for the UNIVERSrrY Center at Tulsa 750 Board of Regents of ROSE State College 620 UND/ERSITY Hospitals Authority 752 Oklahoma SAVINGS and Loan Board (abolished 7-1-93) 625 Board of Regents of the UNIVERSITY of Oklahoma 755 SCENIC Rivers Commission 630 Board of Regents of the UNTVERSITY of Science and Oklahoma Commission on SCHOOL and County Arts of Oklahoma 760 Funds Management 635 Oklahoma USED Motor Vehicle and Parts Commission 765 Advisory Task Force on the Sale of SCHOOL Lands Oklahoma Department of VETERANS Affairs 770 (functions concluded 2-92) 640 Board of VETERINARY Medical Examiners 775 The Oklahoma School of SCffiNCE and Mathematics 645 Oklahoma Department of VOCATIONAL and Oklahoma Center for the Advancement of SCDXNCE Technical Education 780 and Technology 650 Oklahoma WATER Resources Board 785 SECRETARY of State 655 Board of Regents of WESTERN Oklahoma State College 790 Department of SECURITIES 660 Oklahoma WHEAT Commission 795 Board of Regents of SEMINOLE Junior College 665 Department of WILDUFE Conservation 800 SHEEP and Wool Utilization, Research and Market WILL Rogers Memorial Commission 805 Development Commission 670

VI Notices of Rulemaking Intent

Prior to adoption and gubernatorial/legislative review of a proposed PERMANENT rulemaking action, an agency must publish a Notice of Rulemaking Intent in the Register. In addition, an agency may publish a Notice of Rulemaking Intent in the Register prior to adoption of a proposed EMERGENCY or PREEMPTIVE rulemaking action. A Notice of Rulemaking Intent announces a comment period, or a comment period and public hearing, and provides other information about the intended rulemaking action as required by law, including where copies of proposed rules may be obtained. For additional infonnation on Notices of Rulemaking Intent, see 75 O.S., Section 303.

TITLE 310. OKLAHOMA STATE COPIES OF PROPOSED RULES: DEPARTMENT OF HEALTH The proposed rules may be obtained for review from CHAPTER 410. WIC REGULATIONS WIC Services, Shepherd Mall, 2520 Villa Prom, Oklahoma City, Oklahoma. [OAR Docket #99-1333] RULE IMPACT STATEMENT: RULEMAKING ACTION: A rule impact statement will be prepared and may be Notice of proposed PERMANENT rulemaking obtained for review at WIC Service, Personal Health PROPOSED RULES: Services, Shepherd Mall, 2520 Villa Prom, Oklahoma City, Subchapter 3. Vendor Management Oklahoma. Part 1. General Provisions CONTACT PERSON: 310:410-3-2 [AMENDED] Tom Freeman, Chief, WIC Service, Shepherd Mall, 2520 Part 7. WIC Vender Authorization and Responsibilities Villa Prom, Oklahoma City, OK 73107, telephone (405) 310:410-3-33 [AMENDED] 271-4676 310:410-3-37 [NEW] 310:410-3-42 [AMENDED] [OAR Docket #99-1333; filed 9-24-99] Part 9. WIC Vendor Compliance and Sanctions 310:410-3-51 [AMENDED] 310:410-3-52 [AMENDED] TITLE 360. OKLAHOMA STATE AND SUMMARY: EDUCATION EMPLOYEES GROUP The proposal continues to clarify and simplify the INSURANCE BOARD existing rules as they pertain to retail vendors in the WIC CHAPTER 1. ADMINISTRATIVE program. The Proposal also updates the existing rules to OPERATIONS comply with the new Federal Rules and Regulations pertaining to mandatory sanctions. Three-year, six-year and [OAR Docket #99-1326] permanent disqualifications will be established, and the RULEMAKING ACTION: grounds are being stated. Notice of proposed PERMANENT rulemaking AUTHORITY: PROPOSED RULES: Oklahoma State Board of Health; 62 O.S. Supp. 1998, Chapter 1. Administrative Operations [AMENDED] Section 41.16A. SUMMARY: COMMENT PERIOD: The rules and regulations are necessary to promote and October 18,1999 through November 18,1999. Interested enhance effective operation of the State and Education persons may discuss informally the proposed rule with WIC Employees Group Insurance Program. It is proposed that Services staff; or before November 18, 1999 may submit the rules and regulations be amended. The effect of the written comments to Tom Freeman, Chief, WIC Service, amended rules is to provide for the continued efficiency and Shepherd Mall, 2520 Villa Prom, Oklahoma City, OK responsiveness of the insurance program, to conform to 73107; or may ask to present written or oral views at the certain legislation, and to reflect changes in benefit plans. hearing. AUTHORITY: PUBLIC HEARING: 74 O.S. 1304; 74 O.S. 1306. State and Education Part of the regular meeting of the State Board of Health, Employees Group Insurance Board November 18,1999, which begins at 1:00 p.m. in Room 307 COMMENT PERIOD: of the Oklahoma State Department of Health Building, th Written comments may be made from this date until 1000 N.E. 10 Street, Oklahoma City, OK 73117. November 8,1999. Comments should be filed in the office of Gary Goff, Attorney, Assistant Administrator, State and Education Employees Group Insurance Board, located at

October 15, 1999 3621 Oklahoma Register (Volume 16, Number 24) Notices of Rulemaking Intent

3545 NW 58th Street, Suite 1000, Oklahoma City, PUBLIC HEARING: Oklahoma 73112. 9:00 am, November 8,1999, in the 5th Floor Board Room PUBLIC HEARING: of the Oklahoma State and Education Employees Group 9:00 am, November 8,1999, in the 5th Floor Board Room Insurance Board, 3545 NW 58th Street, Oklahoma City, of the Oklahoma State and Education Employees Group Oklahoma 73112. Insurance Board, 3545 NW 58th Street, Oklahoma City, COPffiS OF PROPOSED RULES: Oklahoma 73112. Gary Goff, Attorney, Assistant Administrator, State and COPIES OF PROPOSED RULES: Education Employees Group Insurance Board, 3545 NW Gary Goff, Attorney, Assistant Administrator, State and 58th Street, Suite 1000, Oklahoma City, OK 73112 Education Employees Group Insurance Board, 3545 NW RULE IMPACT STATEMENT: 58th Street, Suite 1000, Oklahoma City, OK 73112 This agency has issued a Rule Impact Statement which RULE IMPACT STATEMENT: may be obtained for review by contacting Gary Goff of the This agency has issued a Rule Impact Statement which State and Education Employees Group Insurance Board. may be obtained for review by contacting Gary Goff of the CONTACT PERSON: State and Education Employees Group Insurance Board. Gary Goff, Attorney, Assistant Administrator, (405) CONTACT PERSON: 717-8744 Gary Goff, Attorney, Assistant Administrator, (405) 717-8744 [OAR Docket #99-1327; filed 9-22-99]

[OAR Docket #99-1326; filed 9-22-99] TITLE 360. OKLAHOMA STATE AND EDUCATION EMPLOYEES GROUP TITLE 360. OKLAHOMA STATE AND INSURANCE BOARD EDUCATION EMPLOYEES GROUP CHAPTER 15. THE DISABILITY PROGRAM INSURANCE BOARD [OAR Docket #99-1328] CHAPTER 10. HEALTH, LIFE, AND DENTAL PLANS RULEMAKING ACTION: Notice of proposed PERMANENT rulemaking [OAR Docket #99-1327] PROPOSED RULES: RULEMAKING ACTION: Chapter 15. The Disability Program [AMENDED] Notice of proposed PERMANENT rulemaking SUMMARY: PROPOSED RULES: The rules and regulations are necessary to promote and Chapter 10. Employees Health, Life, and Dental Plans enhance effective operation of the State and Education [AMENDED] Employees Group Insurance Program. It is proposed that SUMMARY: the rules and regulations be amended. The effect of the The rules and regulations are necessary to promote and amended rules is to provide for the continued efficiency and enhance effective operation of the State and Education responsiveness of the insurance program, to conform to Employees Group Insurance Program. It is proposed that certain legislation, and to reflect changes in benefit plans. the rules and regulations be amended. The effect of the AUTHORITY: amended rules is to provide for the continued efficiency and 74 O.S. 1304; 74 O.S. 1306; 74 O.S. 1332 State and responsiveness of the insurance program, to conform to Education Employees Group Insurance Board certain legislation, and to reflect changes in benefit plans. COMMENT PERIOD: AUTHORITY: Written comments may be made from this date until 74 O.S. 1304; 74 O.S. 1306. State and Education November 8,1999. Comments should be filed in the office Employees Group Insurance Board of Gary Goff, Attorney, Assistant Administrator, State and COMMENT PERIOD: Education Employees Group Insurance Board, located at Written comments may be made from this date until 3545 NW 58th Street, Suite 1000, Oklahoma City, November 8,1999. Comments should be filed in the office Oklahoma 73112. of Gary Goff, Attorney, Assistant Administrator, State and PUBLIC HEARING: Education Employees Group Insurance Board, located at 9:00 am, November 8,1999, in the 5th Floor Board Room 3545 NW 58th Street, Suite 1000, Oklahoma City, of the Oklahoma State and Education Employees Group Oklahoma 73112. Insurance Board, 3545 NW 58th Street, Oklahoma City, Oklahoma 73112.

Oklahoma Register (Volume 18, Number 24) 3622 October 15, 1999 Notices of Rulemaking Intent

COPIES OF PROPOSED RULES: Gary Goff, Attorney, Assistant Administrator, State and Education Employees Group Insurance Board, 3545 NW 58th Street, Suite 1000, Oklahoma City, OK 73112 RULE IMPACT STATEMENT: This agency has issued a Rule Impact Statement which may be obtained for review by contacting Gary Goff of the State and Education Employees Group Insurance Board. CONTACT PERSON: Gary Goff, Attorney, Assistant Administrator, (405) 717-8744

[OAR Docket #99-1328; filed 9-22-99]

October 15, 1999 3623 Oklahoma Register (Volume 16, Number 24) Oklahoma Register (Volume 18, Number 24) 3624 October 75,7099 Submissions for Review

Within 10 calendar days after adoption by an agency of a proposed PERMANENT rulemaking action, the agency must submit the proposed rules to the Governor and the Legislature for review. In addition, the agency must publish in the Register a "statement" that the rules have been submitted for gubernatorial/legislative review. For additional information on submissions for gubernatorial/legislative review, see 75 O.S., Sections 303.1, 303.2, and 308.

TITLE 310. OKLAHOMA STATE TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH CHAPTER 245. ELECTRICAL INDUSTRY CHAPTER 663. CONTINUUM OF CARE REGULATIONS AND ASSISTED LrVTNG RULES [OAR Docket #99-1334] [OAR Docket #99-1336] RULEMAKING ACTION: RULEMAKING ACTION: Submission for gubernatorial and legislative review Submission for gubernatorial and legislative review RULES: RULES: Subchapter 7. License Classifications Subchapter 5. Resident Assessments 310:245-7-2. Residential electrical license 310:663-5-4. Conduct of assessment [AMENDED] [AMENDED] Subchapter 7. Physical Plant Design SUBMITTED TO GOVERNOR: 310:663-7-1. General requirements [AMENDED] September 27, 1999 310:663-7-2. Privacy and independence [AMENDED] SUBMITTED TO HOUSE: Subchapter 21. Applying for a License September 27, 1999 310:663-21-1. Application required [AMENDED] SUBMITTED TO SENATE: 310:663-21-2. Deadlines for filing [AMENDED] September 27, 1999 310:663-21-3. Where to file [AMENDED] 310:663-21-5. Description of application forms [OAR Docket #99-1334; filed 9-27-99] [AMENDED] Subchapter 23. Approving oi Disapproving Establishment, and Issuing or Denying a License TITLE 310. OKLAHOMA STATE [AMENDED] DEPARTMENT OF HEALTH 310:663-23-1. Timeframes for review [AMENDED] 310:663-23-2. License transfer Transfer of license or CHAPTER 290. MECHANICAL INDUSTRY approval to establish [AMENDED] REGULATIONS 310:663-23-3. Denial or disapproval of application [OAR Docket #99-1335] [AMENDED] SUBMITTED TO GOVERNOR: RULEMAKING ACTION: September 27, 1999 Submission for gubernatorial and legislative review SUBMITTED TO HOUSE: RULES: September 27, 1999 Subchapter 3. License Types, Limitations, SUBMITTED TO SENATE: Qualifications, and Duration; Contractor September 27, 1999 Requirements; Application Procedures; Apprentice Registration; and License Retention Requirements [OAR Docket #99-1336; filed 9-27-99] 310:290-3-8 License retention requirements [AMENDED] SUBMITTED TO GOVERNOR: TITLE 545. BOARD OF PODIATRIC September 27, 1999 SUBMITTED TO HOUSE: MEDICAL EXAMINERS September 27, 1999 CHAPTER 15. EXAMINATION/ SUBMITTED TO SENATE: PRECEPTORSHIP/LICENSURE September 27, 1999 [OAR Docket #99-1329] [OAR Docket #99-1335; filed 9-27-99] RULEMAKING ACTION: Submission for gubernatorial and legislative review

October 75, 7999 3625 Oklahoma Register (Volume 16, Number 24) Submissions for Review

RULES: 545:15-1-4. Decision of the Board concerning reciprocity [AMENDED] SUBMITTED TO GOVERNOR: September 21, 1999 SUBMITTED TO HOUSE: September 21, 1999 SUBMITTED TO SENATE: September 21, 1999

[OAR Docket #99-1329; filed 9-22-99]

Oklahoma Register (Volume 18, Number 24) 3626 October 75,7099 Emergency Adoptions

An agency may adopt new rules, or amendments to or revocations of existing rules, on an emergency basis if the agency determines that "an imminent peril exists to the preservation of the public health, safety, or welfare, or that a compelling public interest requires an emergency [action].... [A]n agency may promulgate, at any time, any such [emergency] rule[s], provided the Governor first approves such rule[s]" [75 O.S., Section 253(A)]. An emergency action is effective immediately upon approval by the Governor or on a later date specified by the agency in the preamble of the emergency rule document. An emergency rule expires on July 15 after the next regular legislative session following its promulgation, or on an earlier date specified by the agency, if not already superseded by a permanent rule or terminated through legislative action as described in 75 O.S., Section 253(H)(2). Emergency rules are not published in the Oklahoma Administrative Code; however, a source note entry, which references the Register publication of the emergency action, is added to the Code upon promulgation of a superseding permanent rule or expiration/termination of the emergency action. For additional information on the emergency rulemaking process, see 75 O.S., Section 253.

TITLE 317. OKLAHOMA HEALTH CARE miscellaneous code with an attachment which ensures that the AUTHORITY supply or equipment was provided. This change will allow these services to be billed under the correct HCPC code as well as CHAPTER 30. MEDICAL PROVIDERS - FEE allowing for the screening of Medicare coverage on these services. FOR SERVICE The rule revision would also allow for more accurate tracking of the actual services provided and would facilitate the pricing of these [OAR Docket #99-1332] supplies and equipment by current allowable charge. Medicaid RULEMAKING ACTION: providers will benefit from the standardization of billing for these EMERGENCY adoption services. The elimination of the attachment will allow for RULES: electronic billing. Subchapter 5. Individual Providers And Specialties CONTACT PERSON: Part 85. Advantage Program Waiver Services Joanne Terlizzi at (405)530-3272 317:30-5-763 [AMENDED] PURSUANT TO THE ACTIONS DESCRD3ED HEREIN, THE (Reference APA WF # 99-19) FOLLOWING EMERGENCY RULES ARE CONSIDERED AUTHORITY: PROMULGATED AND EFFECTIVE UPON APPROVAL BY The Oklahoma Health Care Authority Board; The Oklahoma THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION Health Care Authority Act, Section 5003 through 5016 of Title 63 253(D). of Oklahoma Statutes DATES: Adoption: SUBCHAPTERS. INDMDUAL PROVIDERS AND August 5,1999 SPECIALTIES Approved by Governor: September 7,1999 PART 85. ADVANTAGE PROGRAM WAIVER Effective: SERVICES Immediately upon Governor's approval Expiration: 317:30-5-763. Description of services Effective through July 14,2000, unless superseded by another Services included in the ADvantage Program are as rule or disapproved by the Legislature SUPERSEDED EMERGENCY ACTIONS: follows: N/A (1) Case Management. INCORPORATIONS BY REFERENCE: (A) Case Management services are those which N/A assist recipients in gaining access to necessary FINDING OF EMERGENCY: waiver and other Medicaid services. Case The agency finds other compelling extraordinary circumstances managers will initiate and oversee necessary exist which necessitate promulgation of emergency rules and assessments and reassessments to establish or requests emergency approval of the Medical Providers-Fee For reestablish waiver eligibility and appropriateness of Service rules to incorporate a change in the billing requirement for services. Case managers will develop the recipient's specialized medical supplies and equipment furnished under the plan of care, listing only services which are Advantage program. necessary to prevent institutionalization of the ANALYSIS: recipient, as determined through assessments. Medical Providers Fee for Service Provider rules are being Case managers will initiate the addition of revised to incorporate a change in the billing requirement for necessary services or deletion of unnecessary specialized medical supplies and equipment furnished under the services, as dictated by the recipient's condition. Advantage program. Currently, these services are paid under a Case managers will monitor the recipient's

October 15, 1999 3627 Oklahoma Register (Volume 16, Number 24) Emergency Adoptions

condition to ensure delivery and appropriateness of with a maximum of seven hours. It is provided in services and will initiate plan of care reviews. Case the recipient's home. managers will assist the recipient in accessing (C) Facility-Based Respite is filed using medical, social, educational or any other services procedure code W4748 for an hourly rate. A which may benefit the recipient. minimum of two hours must be provided with a (B) Case Management services are billed using maximum of seven hours. It is only provided in an procedure code W4753 per 15 minute unit of Adult Day Health Care Facility or Residential Care service. Case Management provided by a Facility. Comprehensive Home Care agency is billed using (D) Facility-Based Extended Respite is filed procedure code W4037 per 15 minute unit of using procedure code W4749 for a per diem rate, if service. provided in Nursing Facility. Procedure Code (2) Homemaker/Chore. W4759 is filed if provided in a Residential Care (A) ADvantage Homemaker/Chore services are Facility for a per diem rate. Extended Respite must of general household activities needed to keep the be at least eight hours in duration. recipient's home clean, sanitary and safe. (E) In-Home Extended Respite is filed using Homemaker activities include, but are not limited procedure code W4747 for a per diem rate. A to, meal preparation and routine household care minimum of eight hours must be provided in the including cleaning, laundry, bill paying, essential recipient's home. shopping and errands. Chore activities include (4) Adult Day Health Care. heavy household chores including, but not limited (A) Adult Day Health Care is furnished on a to, washing floors, windows and walls, moving regularly scheduled basis for one or more days per furniture to provide safe access inside the home, week, at least four hours per day in an outpatient affixing loose rugs or tile and yard or walkway setting. It provides both health and social services maintenance to ensure safe access inside the home. which are necessary to ensure the optimal Services are necessary to prevent functioning of the client. Physical, occupational, institutionalization of the recipient and are utilized respiratory and/or speech therapies may only be only when the recipient, or anyone else in the provided as an enhancement to the basic Adult Day household, is unable to perform, or provide for, the Health Care service when authorized by the plan of services. Services are not provided when a relative, care and billed as a separate procedure. Meals caretaker, landlord, volunteer agency or third party provided as part of this service shall not constitute resource is capable of, or financially responsible a full nutritional regimen. Transportation between for, providing the service. recipient's residence and the service setting is (B) Homemaker/Chore services are billed using provided as a part of Adult Day Health Care. procedure code W4751 per hour of service. The (B) Adult Day Health Care is billed using limit of the number of units of service the recipient procedure code W4745, for a per diem rate, if six or is allowed to receive is limited on the recipient's more hours are provided in a day. Procedure code plan of care. W4754 is billed per one hour unit of service, if fewer (3) Respite. than six hours but at least one hour of service are (A) Respite services are provided to individuals provided in a day. The number of units of service a who are unable to care for themselves. They are recipient may receive is limited to the number of provided on a short-term basis because of the units approved on the recipient's approved plan of absence or need for relief of the primary caregiver. care. Payment for respite care does not include room and (C) Adult Day Health Care Therapy board costs unless more than seven hours are Enhancement is billed using procedure code provided. Respite care will only be utilized when W4746 per 20 minute unit of service per week. other sources of care and support have been (5) Environmental Modifications. exhausted. Respite care will only be listed on the (A) Environmental Modifications are physical plan of care when it is necessary to prevent adaptations to the home, required by the recipient's institutionalization of the individual. Units of plan of care, which are necessary to ensure the services are limited to the number of units approved health, welfare and safety of the individual, or on the plan of care. which enable the individual to function with greater (B) In-Home Respite is filed using procedure independence in the home and without which, the code W4747 for an hourly rate. In-Home Respite recipient would require institutionalization. provided by a Comprehensive Home Care agency is Adaptations or improvements to the home which billed using procedure code W4040 for an hourly are not of direct medical or remedial benefit to the rate. A minimum of two hours must be provided waiver client are excluded.

Oklahoma Register (Volume 16, Number 24) 3628 October 15, 1999 Emergency Adoptions

(B) Environmental Modifications are billed condition. The service assists with activities of daily using procedure code W4761. All services require living which require devices and procedures related prior authorization. to altered body functions. This service is for (6) Specialized Medical Equipment and Supplies. maintenance only and is not utilized as a treatment (A) Specialized Medical Equipment and service. Supplies are devices, controls, or appliances (B) Advanced Supportive/Restorative specified in the plan of care, which enable Assistance service isbilled using procedure code recipients to increase their abilities to perform W4744 per one hour unit of service. Advanced activities of daily living, or to perceive, control, or Supportive/Restorative Assistance provided by a communicate with the environment in which they Comprehensive Home Care agency is billed using live. Also included are items necessary for life procedure Code W4039 per one hour unit of support, ancillary supplies and equipment service. The number of units of this service a necessary to the proper functioning of such items, recipient may receive is limited to the number of and durable and non-durable medical equipment units approved on the plan of care. not available under the Medicaid state plan. This (9) Skilled Nursing. service shall exclude any equipment and/or supply (A) Skilled Nursing services are services of a items which are not of direct medical or remedial maintenance or preventive nature provided to benefit to the waiver client. This service is recipients with stable, chronic conditions. These necessary to prevent institutionalization. services are not intended to be treatment for an (B) Specialized Medical Equipment and acute health condition and may not include services Supplies are billed using the appropriate HCPC which would be reimbursable under either procedure code W4762 and a WH modifier. An Medicaid or Medicare's Home Health Program. If attachment signed by the recipient's case manager the need for Skilled Nursing services exceed the must accompany the claim to assure payment. All scope of the Medicaid State Plan Home Health services must be prior authorized. Benefit, ADvantage waiver Skilled Nursing services (7) Comprehensive Home Care. Comprehensive may be authorized to ensure the health and safety Home Care is an integrated service-delivery package of the recipient. This service primarily provides which includes case management, personal care, nurse supervision to the Personal Care Assistant or skilled nursing, in-home respite and advanced to the Advanced Supportive/Restorative Assistance supportative/restorative assistance. Aide, assessment of the recipient's health and (A) Comprehensive Home Care is provided by assessment of services to meet the recipient's needs an agency which has been trained and certified by as specified in the plan of care. the Long Term Care Authority to provide an (B) Skilled Nursing is filed using procedure code integrated service delivery system. Comprehensive W4757 for the first hour unit of service. Procedure Home Care is case management in combination code W4758 is then filedfo r each 15 minute unit of with one or more of the following services: service provided after the first hour. Skilled (i) personal care, Nursing provided by a Comprehensive Home Care (ii) in-home respite, agency is billed using Procedure Codes W4041 for (iii) skilled nursing, and/or the first hour and W4042 for each 15 minute unit of (iv) advanced supportive/restorative services. service provided after the first hour. An agreement (B) All services must be provided in the home by a provider to produce a nurse evaluation is an and must be sufficient to achieve, maintain or agreement, as well, to provide the nurse assessment improve the consumer's ability to carry out daily identified Medicaid in-home care services for which living activities. The subcomponent services of the provider is certified and contracted. Comprehensive Home Care are the same as Reimbursement for a nurse evaluation shall be described in (i) of this subparagraph (see OAC denied if the provider that produced the nurse 317:30-5-763(a)(l)(A) for case management evaluation fails to provide the nurse assessment services, OAC 317:35-15-2 for personal care identified Medicaid in-home care services for which service, OAC 317:35-5-763(a)(9)(A) for skilled the provider is certified and contracted. nursing, OAC 317:30-5-763(a)(9)(A) for In-Home (10) Home Delivered Meals. Respite, and OAC 317:30-5-763(a)(8)(A) for (A) Home Delivered Meals provide one meal Advanced Supportive/Restorative Assistance). per day brought to the recipient's home. Each meal (8) Advanced Supportive/Restorative Assistance. has a nutritional content equal to one third of the (A) Advanced Supportive/Restorative Recommended Daily Allowance. Meals are only Assistance services are maintenance services to provided to recipients who are home-bound, assist a recipient who has a chronic, yet stable,

October 15, 1999 3629 Oklahoma Register (Volume 18, Number 24) Emergency Adoptions

unable to prepare meals and lack an informal regimen. The regimen utilizes paraprofessional provider to do meal preparation. physical therapy assistant services, within the limits (B) Home Delivered Meals are billed using of their practice, working under the supervision of procedure code W4752 per meal/unit. The limit of the licensed physical therapist. The regimen the number of units a recipient is allowed to receive includes education and training for informal is limited on the recipient's plan of care. caregivers to assist with and/or maintain services, (11) Occupational Therapy services. where appropriate. The therapist will ensure (A) Occupational Therapy services are those monitoring and documentation of the recipient's services that increase functional independence by rehabilitative progress and will report to the enhancing the development of adaptive skills and recipient's case manager and physician to performance capacities of individuals with physical coordinate necessary addition and/or deletion of disabilities and related psychological and cognitive services, based on the consumer's condition and impairments. Services are provided in the ongoing rehabilitation potential. consumer's home and are intended to help the (B) Physical Therapy services are billed using consumer achieve greater independence to reside procedure code W4035 per 15 minute units of and participate in the community. Treatment service. Payment is not allowed solely for written involves the therapeutic use of self-care, work and reports or record documentation. play activities and may include modification of the (13) Comprehensive home care (CHC) personal care. tasks or environment to enable the patient to (A) Comprehensive Home Care Personal Care is achieve maximum independence, prevent further equal to personal care as defined in OAC disability, and maintain health. Under a physician's 317:35-15-2. Comprehensive Home Care (CHC) order, a licensed occupational therapist evaluates Personal Care is assistance to an individual in the recipient's rehabilitation potential and carrying out activities of daily living such as bathing, develops an appropriate written therapeutic grooming and toileting, or in carrying out regimen. The regimen utilizes paraprofessional instrumental activities of daily living, such as occupational therapy assistant services, within the preparing meals and doing laundry, to assure limits of their practice, working under the personal health and safety of the individual or to supervision of the licensed occupational therapist. prevent or minimize physical health regression or The regimen includes education and training for deterioration. Personal Care services do not informal caregivers to assist with and/or maintain include service provision of a technical nature, i.e. services, where appropriate. The therapist will tracheal suctioning, bladder catherization, ensure monitoring and documentation of the colostomy irrigation, and operation/maintenance recipient's rehabilitative progress and will report to of equipment of a technical nature. the recipient's case manager and physician to (B) Comprehensive Home Care (CHC) coordinate necessary addition and/or deletion of Personal Care services are billed using procedure services, based on the consumer's condition and Code W4038 per one hour unit of service. ongoing rehabilitation potential. (B) Occupational Therapy services are billed [OAR Docket #99-1332; filed 9-23-99] using procedure code W4036 per 15 minute unit of (format accepted 9-29-99) service. Payment is not allowed solely for written reports or record documentation. (12) Physical Therapy services. TITLE 605. OKLAHOMA REAL ESTATE (A) Physical Therapy services are those services that prevent physical disability through the COMMISSION evaluation and rehabilitation of individuals CHAPTER 1. ADMINISTRATIVE disabled by pain, disease or injury. Services are OPERATIONS provided in the consumer's home and are intended [OAR Docket #99-1330] to help the consumer achieve greater independence to reside and participate in the community. RULEMAKING ACTION: Treatment involves use of physical therapeutic Emergency adoption means such as massage, manipulation, therapeutic RULES: exercise, cold or heat therapy, hydrotherapy, 605:1-1-4 [AMENDED] electrical stimulation and light therapy. Under a AUTHORITY: physician's order, a licensed physical therapist Title 59, Oklahoma Statutes, Section 858-208; Oklahoma Real evaluates the recipient's rehabilitation potential Estate Commission and develops an appropriate, written therapeutic

Oklahoma Register (Volume 18, Number 24) 3630 October 15, 1999 Emergency Adoptions

DATES: (1) A fee of $.25 for each xerographic copy or Comment Period: micrographic image. n/a (2) A fee of $1.00 for each copy to be certified. Public Hearing: (3) A fee of $ 10.00 per hour for a record or file search. n/a (d) Directory of Licensees. One copy of the Directory of Adoption: Licensees shall be provided each licensee if Commission August 11,1999 funds permit. Additional copies shall be available to Approved by Governor licensees and the public from the Commission upon September 10,1999 Effective: payment of a charge based on actual cost of production and Immediately upon Governor's approval printing. Copies of the Directory may be furnished to Expiration: governmental agencies without charge as inventory permits. Effective through Jury 14, 2000, unless superseded by another (e) Study Manual. The Real Estate Study Manual, rule or disapproved by the Legislature compiled by the Commission, shall be made available by the SUPERSEDED EMERGENCY ACTIONS: Commission office at a charge prescribed by the n/a Commission. INCORPORATION BY REFERENCE: (f) Petition for promulgation, amendment or repeal of any n/a rujfi, Any person may petition the Commission in writing FINDING OF EMERGENCY: requesting a promulgation, amendment or repeal of any Title 75, O.S., Section 307 requires each agency to provide by rule. rule for the filing of petitions for declaratory rulings. The Real (1) The petition must be in writing in business letter Estate Commission currently does not have any rule which relates form or in the form of petitions used in civil cases in this to such filings and is attempting to implement a rule in an effort to State, and shall contain an explanation and the comply with statute requirements. Further, as a matter of public interest, it is in the best interest of the public to promulgate this rule implications of the request and shall be: immediately in order to provide procedure and guidance in the (A) Signed by the person filing the petition and event petitions are filed. be filed with the Secretary-Treasurer of the ANALYSIS: Commission. Amended: (B) Submitted to the Commission at least thirty 605:1-1-4. Operational procedures - Adding language to (30) days prior to a regular meeting. implement procedures for petitions for declaratory rulings as (C) Considered by the Commission at its first required by Title 75, O.S., Section 307. meeting following such thirty (30) days. CONTACT PERSON: (D) Scheduled for a public hearing before the Anne M. Woody - (405) 521-3387 Commission within sixty (60) days after being PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE considered by the Commission in a regular meeting. FOLLOWING EMERGENCY RULES ARE CONSIDERED (2) Within sixty (60) days after the public hearing, the PROMULGATED UPON APPROVAL BY THE GOVERNOR Commission shall either grant or deny the petition. If AS SET FORTH IN 75, O.S., SECTION 253(D), WITH AN the petition is granted, the Commission shall EFFECTIVE DATE IMMEDIATELY UPON GOVERNOR'S immediately begin the procedure for the APPROVAL: promulgation, amendment or repeal of any rule pursuant to Title 75 O.S. 303. SUBCHAPTER 1. GENERAL PROVISIONS (3) If the petition is denied the parties retain their rights under 75 O.S. Sec. 318, to proper Judicial Review. 605:1-1-4. Operational procedures (a) Organization. The organization of the Commission is (g) Petition for declaratory ruling nf any rule or order. declared to be that as enumerated in Sections 858-201 (1) Any person may petition the Commission for a through 858-204 of the heretofore described Code. declaratory ruling as authorized by Section 307 of Title (b) Operational procedures. The general course and 75 of the Oklahoma Statutes as to the applicability of method of operation shall be as hereinafter specified in any rule or order of the Commission. Such petition overall provisions of the rules of this Tide. shall: (c) Open Records Act. In conformance with Title 51, (A) be in writing; Section 24 A.I., et seq, Oklahoma Statutes, 1985, titled (B) be signed by the person seeking the ruling; "Oklahoma Open Records Act" all open records of the Real (C) state the rule or order involved: Estate Commission may be inspected and copied in (D) contain a brief statement of facts to which the accordance with procedures, policies, and fee as required by ruling shall apply: and the Commission. The Commission shall charge the (E) include citations of legal authority in support following: of such views. (2) The Commission shall have at least thirty (30) days

October 15, 1999 3631 Oklahoma Register (Volume 18, Number 24) Emergency Adoptions

to review the petition. Following the review period, the ANALYSIS: Commission shall consider the petition at its next Amended: meeting, 605:10-3-1. Prelicense education requirements - Adding (3) The Commission may compel the production of language that allows for the application and approval of distance testimony and evidence necessary to make its education courses which was approved by the legislature this year declaratory ruling. (HB 2563), making reference to both in-class and distance (4) Declaratory rulings shall be available for review by educational type courses, deleting unnecessary language and reformatting contents of the rule. the public at the Commission office. CONTACT PERSON: Anne M. Woody - (405) 521-3387 [OAR Docket #99-1330; filed 9-22-99] (format accepted 9-28-99) PURSUANT TO THE ACTIONS DESCRD3ED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75, O.S, SECTION 253(D), WITH AN TITLE 605. OKLAHOMA REAL ESTATE EFFECnVE DATE IMMEDIATELY UPON GOVERNOR'S COMMISSION APPROVAL: CHAPTER 10. RULES AND REGULATIONS [OAR Docket #99-1331] SUBCHAPTER 3. EDUCATION AND EXAMINATION REQUIREMENTS RULEMAKING ACTION: Emergency adoption 605:10-3-1. Prelicense education requirements RULES: (a) On and after July 1,1993, as evidence of an applicant's 605:10-3-1 [AMENDED] AUTHORITY: having satisfactorily completed those education Title 59, Oklahoma Statutes, Section 858-208; Oklahoma Real requirements as set forth in Sections 858-302 and 858-303 Estate Commission of the Code, each applicant for licensure shall present with DATES: his or her application a certification showing successful Comment Period: completion of the applicable course of study approved by n/a the Commission as follows: Public Hearing: (1) To qualify an applicant for examination and n/a licensure as a provisional sales associate, the course Adoption: shall consist of at least forty-five (45) clock hours of August 11,1999 instruction or its equivalent as determined by the Approved by Governor Commission. Such course of study shall be referred to September 10,1999 as the Basic Course of Real Estate and shall encompass Effective: the following areas of study: Immediately upon Governor's approval (A) Nature of Real Estate Expiration: (B) Rights and Interests in Real Estate Effective through Jury 14, 2000, unless superseded by another (C) Agency Concepts rule or disapproved by the Legislature SUPERSEDED EMERGENCY ACTIONS: (D) Listing Contracts and Pricing n/a (E) Valuation and Appraisal INCORPORATION BY REFERENCE: (F) Marketing and Selling n/a (G) Contract Law FINDING OF EMERGENCY: (H) Legal Descriptions Governor Keating, on May 5,1999, denied this rule due to the (I) Offer and Purchase Contracts rule language being inconsistent with current statute language. (J) Title Search, Encumbrances, and Land Use The inconsistency has been corrected and is presented for approval Control under this emergency rule request. This rule should be (K) Financing Real Estate implemented in order to provide licensees and the general public (L) Transfer of Interest in Real Estate with rules that are consistent regarding prelicense, postlicense and (M) Duty to Account continuing education requirements. This rule is the only rule which (N) Regulations Affecting Real Estate does not include language that references distance education Transactions. requirements. If this rule is not approved it will cause extreme confusion to the public and licensees since the other rules which (2) To qualify an applicant for examination and pertain to postlicense and continuing education were approved by licensure as a broker, the course shall consist of at least the Governor on May 5, with language including distance seventy-five (75) clock hours of instruction or its education requirements. equivalent as determined by the Commission. Such course of study shall be referred to as the Advanced

Oklahoma Register (Volume 18, Number 24) 3632 October >5, 7999 Emergency Adoptions

Course in Real Estate and shall encompass the (5_) The Oklahoma Association of Realtors, the following areas of study: National Association of Realtors, or any affiliate (A) Laws Affecting a Real Estate Office thereof. (B) Office and Personnel Administration (6) The Oklahoma Bar Association. American Bar (C) Brokerage Operations and Accounting Association, or any affiliate thereof: or (D) Risk Management (7) An education provider. (E) Real Estate Insurance (d) Attendance and successful completion required for (F) Real Estate Finance in-class credit To complete any in-class offering, a person (G) Management Practices must physically be present during all of the offering time and (H) Auditing and Investigative Procedures successfully complete all course requirements to include an (I) Anti-Trust examination. (J) Strategic Planning (e) Successful completion of materials and eTumigptjon, (K) Real Estate Negotiations required for distance education credit. To complete a (L) Property Management distance education course offering, a person must (M) Zoning successfully complete all course requirements to include all (N) Communications modules and an examination. (O) Closing Real Estate Transactions, (b) As evidence of an applicant's having satisfactorily [OAR Docket #99-1331; filed 9-22-99] successfully completed those education requirements as set (format accepted 9-27-99) forth in Section 858-304 of the Code, each applicant shall present a certified transcript from an institution of higher education, accredited by the Oklahoma State Regents for TITLE 780. OKLAHOMA DEPARTMENT OF Higher Education or the corresponding accrediting agency of another state. VOCATIONAL AND TECHNICAL (1) To qualify an applicant for examination and EDUCATION licensure as a provisional sales associate^ the certified CHAPTER 10. ADMINISTRATION AND transcript shall certify to the successful completion of a SUPERVISION three (3) academic hour basic course of real estate instruction. The basic course of real estate shall be [OAR Docket #99-1325] limited to Basic Real Estate Principles and Practices; RULEMAKING ACTION: provided, however, that a course or combination of EMERGENCY adoption courses not so titled may be accepted if the course RULES: content has been determined by the Commission to be Subchapter 9. Service Contracts and Equipment Guidelines equivalent as one and the same as enumerated in 780:10-9-2 [AMENDED] paragraph (1) of subsection (a) of this Section. AUTHORITY: (2) To qualify an applicant for examination and State Board of Vocational and Technical Education; 70 O.S. licensure as a broker, the certified transcript shall certify 1991, §14-104; 75 O.S. 1991, §250 et. seq., as amended DATES: to successful completion of a five (5) academic hour Adoption: advanced course or courses of real estate instruction. May 25,1999 The advanced course of real estate shall be limited to Approved by Governor Advanced Real Estate Principles and Practices; July 13,1999 provided that a course or combination of courses not so Effective: titled may be accepted if the course content has been July 13,1999 determined by the Commission to be equivalent as one Expiration: and the same as that enumerated in paragraph (2) of Effective through July 14,2000, unless superseded by another subsection (a) of this Section. rule or disapproved by the Legislature (3) The Commission shall accept in lieu of a certified SUPERSEDED EMERGENCY ACTIONS: transcript a course completion certificate as prescribed n/a by the Commission. INCORPORATION BY REFERENCE: (£) Entities allowed to seek approval. The education n/a courses required of this Section shall be satisfied by courses FINDING OF EMERGENCY: The State Board of Vocational and Technical Education found approved by the Commission and offered by: that there was a compelling public interest that required the (1) The Commission adoption of an emergency rule. The compelling interest involved a (2) An area vocational-technical school conflict in federal and state inventory procedures relating to the (3) A college or university accountability of federal and non-state funds. Sufficient (4) A private school safegaurds already existed under the standards utilized by the State

October 15, 1999 3633 Oklahoma Register (Volume 16, Number 24) Emergency Adoptions

Audiotrs Office, and the procedures found in the present appropriate identifying tag. Disposal of state-owned administrative rule were beyond what was necessary and equipment shall be in accordance with state law as reasonable. The conflict in standards subjected the agency to administered by the Department of Central Services. inconsistent inventory requirements. The amendment makes the (2) Ownership of state-owned equipment. The standards and rules consistent and achievable. ownership of state-owned equipment over five years of ANALYSIS: age may be transferred upon approval of the The compelling interest involved a conflict in federal and state Department to the local education agency in inventory procedures relating to the accountability of federal and possession of equipment unless said equipment is non-state funds. Sufficient safeguards already existed under the standards utilized by the State Auditors Office, and the procedures essential for operation of industry-specific or new found in the present administrative rule were beyond what was industry training programs. Notification of transfer of necessary and reasonable. The conflict in standards subjected the ownership shall be made by the Inventory Specialist of agency to inconsistent inventory requirements. The amendment the Department. makes the standards and rules consistent and achievable. (3) Inventory records. The Department shall CONTACT PERSON: maintain inventory records on all tagged equipment. Linda Wilson, 405-743-5485 Identification tags will be assigned by the Department and sent to area vocational-technical schools and PURSUANT TO THE ACTIONS DESCRD3ED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED public schools to be affixed to the equipment. PROMULGATED UPON APPROVAL BY THE GOVERNOR (4) Annual inventory. Tagged equipment will be AS SET FORTH IN 75 O.S., SECTION 253(D), WITH A LATER inventoried annually. EFFECTIVE DATE OF JULY 13, 1999. (A) List A printout list of equipment to be inventoried will be mailed to equipment users by the Department. SUBCHAPTER 9. SERVICE CONTRACTS AND (B) Update printouts. Users of tagged EQUIPMENT GUIDELINES equipment should update the printouts and return them to the Department no later than 60 days after 780:10-9-2. Equipment receiving the printout. (a) State-owned equipment (C) Inventory removal requests. Department (1) Donated or purchased equipment. Equipment personnel will inspect and/or make donated to the Department or purchased by the recommendations on lost, stolen, or salvage Department through full or partial reimbursement equipment that is requested to be removed from with non-federal funds shall be considered the property the user's inventory. of the Department. (D) Adjustments. The Department will make (2) Maintenance. The receiving institution shall be necessary adjustments to the inventory. responsible for maintaining equipment supplied by the (5) Transfers. In no case shall an item be transferred Department. from one school to another or disposed of without (3) Written notification to Inventory Specialist The approval from the Department. A form will be Program Administrator of the training program shall provided by the Department for making a request for notify the Inventory Specialist, in writing, when a transfers, trade-ins, or salvage. program or class is to be terminated or completed. (e) Equipment distribution. Equipment purchased (b) Loaning of equipment Equipment purchased for use through funding agencies which require that the equipment by the Business and Industry Development Division maybe be used in specific programs shall be placed in those types loaned to other eligible training sites. The equipment shall of programs and shall be subject to appropriate state and be subject to any restrictions and is subject to recall on federal laws and regulations. notice by the Department when needed for industrial training. [OAR Docket #99-1325; filed 9-20-99] (c) Transportation charges. Charges for transporting (format accepted 9-24-99) equipment will be invoiced to the requesting school or project. (d) Identification and disposal. (1) Identification tag; disposal. All agency purchased equipment and or Training for Industry Programs equipment reimbursed with state, federal, or revolving funds shall be affixed with an appropriate Department identifying tag if the value is equal to or greater than that established by state law. Instructional instructional equipment reimbursed with state funds having a value of $500 or more shall be affixed with an

Oklahoma Register (volume 18, Number 24) 3634 October f 5,7999 Executive Orders

As required by 75 O.S., Sections 255 and 256, Executive Orders issued by the are published in both the Oklahoma Register and the Oklahoma Administrative Code. Executive Orders are codified in Title 1 of the Oklahoma Administrative Code. Pursuant to 75 O.S., Section 256(B)(3), "Executive Orders of previous gubernatorial administrations shall terminate ninety (90) calendar days following the inauguration of the next Governor unless otherwise terminated or continued during that time by Executive Order."

TITLE 1. EXECUTIVE ORDERS

1:1999-25. the provisions of this order to be implemented by all appropriate agencies of state government.

EXECUTIVE ORDER 99-25 IN WITNESS HEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at (Corrected Copy) Oklahoma City, this 27th day of September, 1999.

I, Frank Keating, Governor of the State of Oklahoma, BY THE GOVERNOR OF THE pursuant to the powers vested in me by Section 2 of Article STATE OF OKLAHOMA VI of the Oklahoma Constitution hereby declare the following: Frank Keating 1. A survey is being made, to the extent possible, in one Attest: county - Comanche and the City of Lawton - and surrounding areas and counties, that recieved substantial Mike Hunter damages as a result of severe storms and wind damage that Secretary of State occured on May 31,1999 through June 1,1999. [OAR Docket #99-1341; filed 9-28-99] 2. It is necessary to provide for the rendering of mutual aid among the State and political subdivisions of the State to cooperate with the Federal governement with respect to carrying out disaster emergency functions during the 1:1999-28. continuance of the State emergency pursuant to the provisions of the Oklahoma Civil Defense and Emergency Resources Management Act. EXECUTIVE ORDER 99-28

3. There is hereby declared a disaster emergency caused I, Frank Keating, Governor of the State of Oklahoma by severe storms and flooding in the City of Lawton, and the hereby direct the appropriate steps be taken to fly all surrounding areas and counties, which threatens the lives American and Oklahoma flags on State property at half and property of the people of this State and the peace, staff from 1:00 p.m. Friday, September 24, 1999 until 5:00 health, and safety of the public. p.m. Tuesday, September 28,1999, to honor Trooper David Warner "Rocky" Eales. 4. The resources of all State departments and agencies available to meet the emergency are hereby committed to Trooper Eales lost his life in the line of duty at 12:30 a.m. on the reasonable extent necessary to protect lives and to September 24, 1999 while assisting in serving felony prevent, minimize, and repair injury and damage. Theses warrants at a residence in Sequoyah County. Trooper Eales efforts shall be coordinated by the Director of the was born July 4, 1950 in Ada, Oklahoma. He attended Department of Civil Emergency Management with school in McAlester, Oklahoma. In 1972, he graduated comparable functions of the federal government and from Southeastern State University with a B. S. in political subdivisions of the State. Sociology. He graduated from the 37th Oklahoma Highway Patrol Academy in 1979. He served as a trooper in Tulsa, 5. This declaration of emergency shall terminate as Watonga, McAlester and on the Indian Nation Turnpike provided in Section 683.3(3) of Title 63 of the Oklahoma and was a member of the patrol's tactical team. Statutes. The tragic death of Trooper Eales serves as a reminder to us Copies of this Executive Order shall be distributed to the all of the dangers our men and women in law enforcement Director of Civil Emergency Management who shall cause routinely face with courage, skill and professionalism. The

October 15, 1999 3635 Oklahoma Register (Volume 18, Number 24) Executive Orders ultimate sacrifice that Trooper Eales made for his state Attest: should serve as an inspiration for each Oklahoma citizen. Mike Hunter Secretary of State This executive order shall be forwarded to the Director of Central Services who shall cause the provisions of this order [OAR Docket #99-1343; filed 9-30-99] to be implemented by all appropriate agencies of state government.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City this 25th day of September, 1999.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

Frank Keating

Attest: Mike Hunter Secretary of State

[OAR Docket #99-1342; filed 9-28-99]

1:1999-29.

EXECUTIVE ORDER 99-29

I, Frank Keating, Governor of the State of Oklahoma hereby direct the appropriate steps be taken to fly all American and Oklahoma flags on State property at half staff from 8:00 a.m. until 5:00 p.m. on Thursday, September 30, 1999 to honor John Crews who died Saturday, September 25,1999.

Mr. Crews was awarded the Congressional Medal of Honor for heroism during the Battle of the Bulge in World War II. Crews remained active in the Medal of Honor Society and 63rd Division where he was inducted into the Military Hall of Fame.

This executive order shall be forwarded to the Director of Central Services who shall cause the provisions of this order to be implemented by all appropriate agencies of state government.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City this 29th day of September 1999.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

Frank Keating

Oklahoma Register (Volume 16, Number 24) 3636 October 15, 1999