SECTION 260:70-1-2. Definitions

  The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Administrator" means the officer appointed by the Director of the Office of Management and Enterprise Services to serve as Risk Management Administrator.

"Agency Risk Management Coordinator" means the individual, officer or employee of any state agency or other covered entity appointed by the state agency or other covered entity as the designated point of contact for the Risk Management Administrator for all risk management purposes, and shall include any employee or agent of the Risk Management Coordinator and such assistants as may be necessary shall be employed or appointed by such state agency or other covered entity to supervise and manage the agency Risk Management Program.

"Agency Risk Management Program" means the system within any individual state agency or other covered entity for coordination of risk management within such state agency or other covered entity for coordination of risk management activities between the state agency or other covered entity and the Risk Management Department, and for elimination, reduction, and minimizing of all insured or self-insured risks through a continuous effective loss-prevention and loss-control program, under the direction of the Risk Management Department.

"Authorized legal Counsel" means:

(A)   The Attorney General of the State of Oklahoma;

(B)   An attorney authorized to represent a state agency or other covered entity.

"Casualty incident" or "liability incident" means:

(A)   Any liability occurrence or event:

(i)   Taking place upon or within any real property owned or used by the State of Oklahoma; or,

(ii)   Involving participation by any officer, employee or volunteer of any agency of the State of Oklahoma who may be acting within the scope of his or her employment; or,

(iii)   Involving the temporary detention of a child in a juvenile detention facility which qualified as an other covered entity under the provision of 74 O.S. Section 85.34D; or

(iv)   Involving any vehicle or other personal property owned by an agency or other covered entity and operated by an employee or volunteer of that agency or other covered entity; and,

(B)   Any liability occurrence or event:

(i)   Which results in personal injury or property damage; and,

(ii)   Where there is probable cause to believe that such occurrence or event may give rise to a claim for damages against the state, an agency, an other covered entity or any of their employees.

"Claim" means the formal notice served upon proper legal authority by any claimant or the representative of any claimant, as provided by the Tort Claims Act, 51 O.S. Section 151 et seq., or any civil lawsuit brought against the state or its employees, or any administrative or arbitration proceeding brought against the state or its employees.

"Claimant" means the person or his authorized representative who files notice of a claim in accordance with 51 O.S. Section 151 et seq.

"Liability Insurance" means any type of commercial insurance, including self-insurance, administered or procured by the Risk Management Department including Directors and Officers Liability and any other liability insurance coverage for professional liability or errors and omissions coverage, including but not limited to, Law Enforcement Liability, Accountants Errors and Omissions, and Legal Liability.

"Loss Prevention and Loss Control" means any and all programs and systems designed to transfer, prevent, eliminate, mitigate, manage, and minimize the risk of loss due to any physical or financial cause, human or otherwise, and that may result in or give rise to a claim against the State, an agency, and any other covered entity, or any officers, directors, or employees of any group participating in the Risk Management Program.

"Other covered entity" means any organization or entity other than a state agency for which the Risk Management Administrator is authorized or required by law to obtain or provide insurance coverage.

"Payment of claim" means partial or full payment of a claim in compromise thereof by the appropriate lawful authority, and subject to any procedural requirements imposed by statute, resolution or written policy.

"Premiums" means the fees or payments levied and collected for the purpose of providing insurance coverage through a self-insurance program, or purchased insurance or a combination thereof.

"Property incident" means:

(A)   Any occurrence or event involving any real or personal property owned by the state or in the possession of the state for safekeeping; and

(B)   The result of which the property is damaged lost or destroyed by accident, misfortune or mishap.

"Reportable vehicle incident" means any occurrence or event involving a vehicle resulting in a liability incident including acts arising out of law enforcement practices. The term also includes any incident involving any vehicle or property used to conduct business within the scope of authority or employment of any employee, volunteer or official of the state, any agency or any other covered entity.

"Risk Management Department" means the organizational unit of the Office of Management and Enterprise Services which administers the Risk Management Program under the direction of the Risk Management Administrator.

"Risk Management Program" means the consolidated and centrally administered system for coordination of risk management activities between any state agency or other covered entity and the Risk Management Department for acquisition through the Risk Management Department of property and casualty insurance for the management of all property, casualty and liability incidents, and for eliminating, reducing and minimizing all risks through a continuous, effective loss-prevention and loss-control program, under the direction of the Risk Management Administrator.

"State" or "Agency" means any board, commission, committee, institution, department, instrumentality or entity designated to act on behalf of the State of Oklahoma.

"Vehicle" means:

(A)   In case of other covered entities extended services by authority of 74 O.S. Section 85.58B, any vehicle, vessel or aircraft used for or in fire fighting by any such entity:

(B)   In case of other covered entities extended services by authority of 74 O.S. Section 85.58E, any vehicle used for transportation of elderly or handicapped person by such entity:

(C)   In the case of other covered entities extended services by authority of 74 O.S. Section 85.58F, any vehicle used to provide for the temporary detention of children in a juvenile detention facility by such entity;

(D)   In the case of the state or any agency, any self-propelled vehicle or mobile equipment which is owned by the state, or operated by any state employee who may be acting within the scope of state employment, whether or not the equipment is licensed for road use.

[Source: Added at 31 Ok Reg 1467, eff 9-12-14]