Okla. Admin. Code § 595:70-1-7

Current through Vol. 42, No. 6, December 2, 2024

Section 595:70-1-7 - Reporting to the Attorney General and the Attorney General's determination

(a) Upon completion of the investigation, the results of such investigation shall be submitted by the Department to the Office of Attorney General. The Attorney General shall make a determination within sixty (60) days of receipt of the results of the investigation as to whether the enforcement practices of the municipal law enforcement agency are being conducted as provided in OAC 595:70-1-4(1) and (2) [47 O.S.,§ 2-117(E)(3)].

(b) Upon a determination that the enforcement practices are not being conducted in such a manner, the Attorney General shall notify the Commissioner in writing, and the Commissioner shall take no action. [47 O.S.,§§ 2-117(E)(3)]

(c) Upon a determination that the enforcement practices are being conducted as provided in OAC 595:70-1-4(1) and (2), the Attorney General shall notify the Commissioner in writing, and the Commissioner shall make the designation of special traffic-related enforcement as provided in OAC 595:70-1-1(2), which shall stay in force for such time as determined by the Commissioner as provided in OAC 595:70-1-8. [47 O.S.,§ 2-117(E)(3)]

(d) Within ten (10) business days of receipt of written notification by the Attorney General that the enforcement practices are being conducted as provided in OAC 595:70-1-4(1) and (2), the Commissioner shall make the designation of special traffic-related enforcement as provided in OAC 595:70-1-1(2), and provide written notification of such designation to the following:

(1) The affected law enforcement agency;

(2) The municipality;

(3) The requesting party;

(4) The sheriff of the county in which the special traffic-related enforcement will take place;

(5) The District Attorney within whose jurisdiction the special traffic-related enforcement will take place;

(6) The Chief of the Oklahoma Highway Patrol Division; and

(7) Other affected law enforcement agencies.

(f) The date that the period of special traffic-related enforcement by the Oklahoma Highway Patrol shall begin shall be stated in the written notice. The period of time for such special traffic-related enforcement shall be as provided in OAC 595:70-1-8. No special traffic-related enforcement by the Oklahoma Highway Patrol shall occur without prior notification and coordination with the affected law enforcement agency and the municipality.

Okla. Admin. Code § 595:70-1-7

Added at 30 Ok Reg 2044, eff 7-25-13