Okla. Admin. Code § 40:1-1-3
Current through Vol. 42, No. 6, December 2, 2024
Section 40:1-1-3 - General course and method of operation(a)Office(s) of the board. The principal Administrative Office of the Board shall be located at a site designated by the Board.(b)Transaction of business with the board by the public. Members of the public and others desiring to contact or make inquiries and submissions to the Board may do so in person at the principal Administrative Office of the Board, during normal and usual business hours for State of Oklahoma agencies, or by mail addressed to: State Director of Tests for Alcohol and Drug Influence, Board of Tests for Alcohol and Drug Influence, P.O. Box 36307 Oklahoma City, Oklahoma 73136, or through the Board's website at www.ok.gov/bot.(c)Access to records.(1) Copies of all Rules and Regulations adopted by the Board, and of all other written statements of policy or interpretations of general applicability by the Board, and of all final orders, decisions, and opinions of general applicability may be inspected, unless otherwise provided by law, at the principal Administrative Office of the Board during its normal business hours. Such records shall not be removed from the Board's office or the Board's custody and control for the purpose of inspection.(2) Copies of Rules and Regulations adopted by the Board are also on file and available for public inspection in the Office of Administrative Rules, Office of the Secretary of State.(d)Meetings. Meetings of the Board are conducted, in compliance with the Oklahoma Administrative Procedures Act, the Oklahoma Open Meeting Act and other applicable statues, as follows: (1) Meetings of the Board shall be presided over by the Chairman of the Board. In the absence of the Chairman, the Vice-Chairman will preside over the meeting. In the event that the Chairman and Vice-Chairman are not present at a meeting, the Board may elect from its members a chairman pro-tempore who shall preside at that meeting. All meetings of the Board shall be governed by applicable Oklahoma statutes unless otherwise required by law or otherwise voted. An affirmative vote by a simple majority of the members present at a meeting, at which a quorum exists, shall be necessary to adopt any motion presented before the meeting. Non-appointed or vacant positions on the Board will not be considered when determining if a quorum exists.(2) Minutes or proceedings of all meetings of the Board shall be timely prepared and kept in accordance with the Open Meetings Act.(e)Administration.(1) The general conduct and administration of the affairs and functions of the agency, between meetings of the Board, shall be vested in the State Director of Tests for Alcohol and Drug Influence. The State Director of Tests for Alcohol and Drug Influence shall have authority to act appropriately on behalf and as agent of the Board, as permitted or required by law, on all matters within the Rules adopted by the Board or within existing Board policy, or as otherwise directed by the Board.(2) The Chairman, or in the absence of the Chairman, the Vice-Chairman, or in the absence of the Chairman and Vice-Chairman the Chairman pro-tempore, shall have the following duties, responsibilities, and authority: (A) Conduct meetings as set forth in these rules.(B) Sign documents, on behalf of the Board, memorializing Board action.(3) The State Director of Tests for Alcohol and Drug Influence shall have the following duties, responsibilities, and authority: (A) Under the overall guidance of the Board, to conduct and administer the affairs and functions of the Board between meetings thereof.(B) As permitted or required by law, to act appropriately on behalf and as agent of the Board on all matters within the Rules adopted by the Board or within existing Board policy, or as otherwise directed by the Board.(C) To function as the technical and administrative director of the State's program of testing for alcohol and drug influence in connection with traffic law enforcement, and of pertinent educational and training activities; and to provide direction, supervision, consultation, advice, and assistance as required on the technical and administrative aspects of such program and activities to all State and local agencies and officials.(D) To administer, implement, enforce, and carry out the provisions of the Rules and the policies and procedures adopted by the Board.(E) To attend meetings of the Board and render reports at such meetings, and otherwise when requested by the Board.(F) To carry on correspondence and other communications on behalf and as an agent of the Board.(G) To perform other duties and functions as directed from time to time by the Board, or as required by law, or as required properly to effectuate the provisions of the Chemical Tests Act (47 O.S., Sections 751-761) and other statutes within the purview of the Board.(f)Seal. The official seal of the Board shall consist of the words 'Board of Tests for Alcohol and Drug Influence-State of Oklahoma' in a circular band surrounding the official Star of the Great Seal of the State of Oklahoma.Okla. Admin. Code § 40:1-1-3
Amended at 14 Ok Reg 1519, eff 7-1-97; Amended at 27 Ok Reg 2655, eff 8-26-10Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/14/2019Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021