CHAPTER 1. ORGANIZATION, OPERATION, AND PURPOSE
532:1-1-1 . Terms defined by statute
532:1-1-2 . Definitions
532:1-1-3 . Board meetings
532:1-1-4 . Board officers
532:1-1-5 . Vacancies in the Board
532:1-1-6 . [RESERVED]
532:1-1-7 . Filing and disposition of petitions for declaratory rulings
532:1-1-8 . Request for promulgation, amendment, or repeal of rules
Chapter 1. Organization, Operation, and Purpose
532:1-1-1. Terms defined by statute
Terms defined in 59 O.S., Sections 5009 et seq. shall have the same meanings when used in this Title unless the context or subject matter clearly requires a different interpretation.
[Source: Added at 28 Ok Reg 2295, eff 7-25-11]
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Board” means the Board of Commercial Pet Breeders.
“Regular Business Hours” means 8:30 a.m. to 5:30 p.m.
“Requester” means a person who submits a request to the Board asking the Board to issue a declaratory ruling or issue, amend, or cancel a rule.
[Source: Added at 28 Ok Reg 2295, eff 7-25-11]
(a) Regular meetings; notice. The Board shall hold at least one regular meeting each month. The Board shall hold its meetings within the State of Oklahoma during regular business hours. The Chair, or the Vice Chair, if the Chair is unavailable, shall determine the exact time and place of each regular meeting. On or before December 15 of each year the Chair shall give notice in writing to the Secretary of State of the proposed date, time, and location of all regular meetings for the next calendar year. No less than 10 days before a regular meeting will be held, the Board shall provide notice to the Secretary of State of any changes to the date, time, and place of any regular meeting.
(b) Additional meetings; notice. The Chair, Executive Director, or any two members of the Board may call a meeting by giving notice of the meeting to the other members. The Chair, Executive Director, or the members calling a meeting shall cause the Secretary to mail or e-mail a notice of the meeting to each Board member, at the member's last mailing address or e-mail address of record, no later than the tenth day before the date of the meeting. The notice shall state the time, place, location, and purpose of the additional meeting. Board members may waive notice of any meeting by attending the meeting.
(c) Meeting agenda. Board members may submit to the Chair agenda items to be discussed at the next Board meeting. The Chair shall place on the agenda all items submitted to the Chair no later than 3 days before the date of the meeting. The Chair will transmit the agenda to the Board Members and post a copy of the agenda on the door of the office of the Board and on the Board website no later than 24 hours before the meeting. The Board shall not consider at any meeting any issues or topics that are not included in the meeting agenda, except that the Board may consider “emergency” items, which are items that arose or came to the knowledge of the Board less than 24 hours before the date of a meeting.
(d) Quorum and Voting. A quorum shall consist of a majority of the Board members, excluding the Executive Director. Each Board member, except the Executive Director, may cast one vote on every motion. The Executive Director may not vote. A majority vote of the voting members at a meeting in which a quorum is present shall constitute an action of the Board.
[Source: Added at 28 Ok Reg 2295, eff 7-25-11]
(a) Election of Board officers. The Board shall elect officers from the members of the Board at the first regular meeting of every calendar year. The Board shall elect a Chair, a Vice Chair, and a Secretary, and it may elect additional officers, as it deems necessary.
(b) Duties of the Chair. The Chair shall perform the following duties:
(1) preside at all meetings;
(2) appoint such committees as the Board may authorize or require in the conduct of Board business;
(3) appoint members and chairpersons of committees; and
(4) sign all certificates and perform all other duties usually pertaining to the office of Chair and required or permitted by law.
(c) Duties of the Vice Chair. The Vice Chair shall perform the following duties:
(1) substitute for the Chair and perform Chair responsibilities when the Chair is not available;
(2) report to the Chair;
(3) work closely with the Chair and other staff to complete any necessary tasks;
(4) work closely with the Chair to develop and implement officer transition plans; and
(5) other responsibilities as assigned by the Board.
(d) Duties of the Secretary. The Secretary shall sign all certificates and other official documents required or permitted by law and perform the following duties:
(1) maintain records of the Board and ensures effective management of Board's records;
(2) attend all meetings of the Board and takes minutes or arrange for someone to take minutes in the Secretary's absence;
(3) manage minutes of Board meetings and ensure minutes are distributed to members shortly after each meeting;
(4) manage the finances of the organization;
(5) administrate fiscal matters of the organization;
(6) provide annual budget to the Board for members' approval; and
(7) ensure development and board review of financial policies and procedures.
(e) Vacancies. If a vacancy occurs in the office of Chair, Vice Chair, or Secretary the Board shall elect a member of the Board to fill the vacancy at the next board meeting at which there is a quorum.
[Source: Added at 28 Ok Reg 2295, eff 7-25-11]
532:1-1-5. Vacancies in the Board
If a vacancy occurs in the Board, the Chair shall notify the vacancy to the person or entity that appointed the Board member whose resignation caused the vacancy.
[Source: Added at 28 Ok Reg 2295, eff 7-25-11]
[Source: Reserved at 28 Ok Reg 2295, eff 7-25-11]
532:1-1-7. Filing and disposition of petitions for declaratory rulings
(a) Any person may file a request for a declaratory ruling by the Board as to the application or enforcement of any Rule in this Title or statute in the Act to a given set of circumstances. The requesting party shall pay a $300.00 non-refundable fee. The request shall be in writing, signed by person seeking the ruling, identify the rule or statute section and subsection involved, and contain a brief and concise statement of facts to which the ruling shall apply. The requester shall submit the request to the Board in writing by mail and may be in any form. Upon a vote of a majority of the Board members at a meeting in which a quorum is present, the Board may accept requests submitted by electronic mail.
(b) The Chair will add the request to the agenda for the next meeting of the of the Board. The Board will consider the request at the meeting for which the request is placed on the agenda. If the question posed in the request has been resolved by prior ruling of the Board, the Board will notify the requester of the prior ruling. At the meeting the Board may vote to continue discussions at a future meeting, or it may defer action pending a request for further information from the requester or pending any investigation or hearing which the Board might conduct.
(c) The Board shall issue requested rulings promptly after it reaches a determination, or the Board shall send an explanation to the petitioner stating why a ruling will not be issued. The Board shall issue a determination within 45 days of receiving a request containing sufficient information for the Board to issue the consider the request and issue a determination. In situations where the Board determines that an investigation is required to respond to the request, the Board shall issue make a determination and issue a ruling within 45 days of the completion of the Investigation. Unless a ruling states otherwise, Board rulings shall constitute precedent for the purpose of the Board's application and enforcement of the Act and the Rules in this Title until the Board or a court revokes or overrules the ruling. The Board shall index its rulings according to the Act section or Rule in this Title that the ruling interprets. Rulings shall be available for inspection by members of the public at the Board's website.
[Source: Added at 28 Ok Reg 2295, eff 7-25-11]
532:1-1-8. Request for promulgation, amendment, or repeal of rules
(a) Any interested person may request the Board to promulgate, amend, or repeal a rule. The request must be in writing and must state the reasons supporting the proposed rule, amendment, or repeal. The requester shall also state whether the proposal conflicts with any Oklahoma State Statute or rule promulgated in the Oklahoma Administrative Code, and whether it will positively or negatively affect any persons or groups. Further, the requester shall state what statutory provisions are interpreted by the promulgated rule and the proposed rule, if applicable.
(b) Requesters shall submit rules requests to the Board in writing by mail. The Chair shall add requests to the agenda for the next Board meeting. The Board shall consider the request at the meeting for which the request is placed on the agenda. Once the Board makes a determination, it will notify the requester of its decision to approve or deny the request. The Board shall make a determination within 30 days of receiving the request. If the Board approves a request, it shall have 30 days from the date of the request to issue a notice of rule cancellation or notice of proposed rule making, as the case may be.
[Source: Added at 28 Ok Reg 2295, eff 7-25-11]