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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 595. Department of Public Safety |
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Chapter 1. General Rules of the Department of Public Safety |
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Subchapter 9. Inspection and Copying of Final Orders, Decisions, Opinions and Open Records |
SECTION 595:1-9-5. Obtaining open records
Latest version.
- (a) General guidelines. A schedule of fees stated herein shall be posted at the Department of Public Safety's principal place of business, 3600 North Martin Luther King Avenue, Oklahoma City, OK, and at the Oklahoma County Court Clerk's office. Records of the Department, as defined in 595:1-9-3, will be made available in accordance with rules 595:1-9-1 through 595:1-9-6. All requests for records must be in writing and submitted using a form prescribed by the Department. The forms are available at the Department's principal place of business or at www.ok.gov/DPS. Fees and charges may be collected for copies, materials, certification, searches and other activities relating to records as allowed by law and in accordance with these rules. Requests that do not comply with these rules may not be fulfilled.(b) Principal place of business. Records may only be obtained from the principal place of business of the Department of Public Safety, located at 3600 North Martin Luther King Avenue, Oklahoma City, OK 73111. However, a Motor Vehicle Report may be obtained from either the Department, from a motor license agent, or at www.ok.gov/DPS.(c) Availability. Requests will be processed, and records will be made available, only during regular business hours. Regular business hours shall include only those dates and times that the Department is open to the public. Requests are processed in the order they are received by the Department; however, prior to release, records may not be available until they have undergone a review by the Department's Legal Division.(d) Written requests. A request for any Department record made pursuant to the Oklahoma Open Records Act, 51 O.S. §24A.1 et seq., shall be submitted in writing using a form prescribed by the Department available from either the Department's principal place of business or at www.ok.gov/DPS.(1) The request shall include sufficient information for the Department to conduct a focused, time efficient search.(2) The request should not be in the form of a question. The Oklahoma Open Records Act, 51 O.S. §24A.1 et seq.,does not require public bodies to answer questions; it requires agencies to provide copies of records under their control.(3) Requests that are not in writing or that fail to provide sufficient information to allow the Department to identify the record will not be fulfilled. Requests may be submitted by one of the following methods:(A) Email. Information for obtaining records can be found on the Department's website at www.ok.gov/DPS or by contacting the Records Management Division or the Legal Division.(B) In person. Requests may be presented in person to the Department of Public Safety, 3600 North Martin Luther King Avenue, Oklahoma City, OK 73111.(C) United States mail. Requests may be mailed to: Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136-0415(D) Other delivery methods. Requests may be delivered to the Department of Public Safety via United Parcel Service (UPS) or FedEx using the physical address: Department of Public Safety, 3600 North Martin Luther King Avenue, Oklahoma City, OK 73111. The Department can receive from but cannot respond by delivery services other than the United States Postal Service.(4) When the Department is asked to produce records, the Department will search for records within a default timeframe. The default timeframe will be from the date of the request and end on the date the search for records is commenced; however, a party seeking records may specify a different date-range for the records sought.(5) Once records have been identified, those records shall undergo a legal review before releasing them to the requesting party.(e) Delivery of records.(1) Any applicable costs or fees charged pursuant to these rules shall be paid prior to the delivery of any record. The Department will not fulfill a request until all applicable fees and costs have been paid.(2) Records responsive to a request may be picked up in person at the Department of Public Safety, 3600 N. Martin Luther King Avenue, Oklahoma City, OK 73111.(3) If delivery by mail is preferred, the requesting party shall provide a self-addressed, postage pre-paid envelope or container. Excess postage shall not be refunded to the requesting party. Records will not be delivered to the requesting party via UPS, FedEx, or other 3rd party mail delivery service. The Department of Public Safety will mail records only in the envelope or container provided by the requesting party.(4) At its discretion, the Department may make certain records available via electronic delivery. For the purpose of this subsection, "electronic delivery" shall mean delivery of a digitized or electronic file to the requesting party via email or by providing access to the record through a hyperlink.(5) Some records may be made available to authorized recipients through a third-party web service at the discretion of the Department. Use of this service may require payment of a fee or charge that is separate from any fee or charge imposed by the Department.(6) The final format in which a record will be produced shall be determined by the Department. If the Department does not maintain a record in an electronic or computerized format, the Department shall not be required to convert a record to any particular electronic format for the convenience of the person requesting record. [Okl. Atty. Gen. Opinion 2006 OK AG 35].