SECTION 605:1-1-4. Operational procedures

Latest version.
  • (a)   Organization. The organization of the Commission is declared to be that as enumerated in Sections 858-201 through 858-204 of the heretofore described Code.
    (b)   Operational procedures. The general course and method of operation shall be as hereinafter specified in overall provisions of the rules of this Title.
    (c)   Open Records Act. In conformance with Title 51, Section 24 A.1., et seq, Oklahoma Statutes, 1985, titled "Oklahoma Open Records Act" all open records of the Real Estate Commission may be inspected and copied in accordance with procedures, policies, and fee as required by the Commission. The Commission shall charge the following:
    (1)   A fee of $.25 for each xerographic copy or micrographic image.
    (2)   A fee of $1.00 for each copy to be certified.
    (3)   A fee of $10.00 per hour for a record or file search.
    (4)   A fee of Forty Dollars ($40.00) per extract for License Data extract.
    (5)   A fee of Fifty Dollars ($50.00) every three (3) months for an Examinee Data extract.
    (6)   A fee of no more than Seven Dollars and Fifty Cents ($7.50) for a convenience fee for any electronic/on-line transaction.
    (d)   Petition for promulgation, amendment or repeal of any rule. Any person may petition the Commission in writing requesting a promulgation, amendment or repeal of any rule.
    (1)   The petition must be in writing in business letter form or in the form of petitions used in civil cases in this State, and shall contain an explanation and the implications of the request and shall be:
    (A)   Signed by the person filing the petition and be filed with the Secretary-Treasurer of the Commission.
    (B)   Submitted to the Commission at least thirty (30) days prior to a regular meeting.
    (C)   Considered by the Commission at its first meeting following such thirty (30) days.
    (D)   Scheduled for a public hearing before the Commission within sixty (60) days after being considered by the Commission in a regular meeting.
    (2)   Within sixty (60) days after the public hearing, the Commission shall either grant or deny the petition. If the petition is granted, the Commission shall immediately begin the procedure for the promulgation, amendment or repeal of any rule pursuant to Title 75 O.S. 303.
    (3)   If the petition is denied the parties retain their rights under 75 O.S. Sec. 318, to proper Judicial Review.
    (e)   Petition for declaratory ruling of any rule or order.
    (1)   Any person may petition the Commission for a declaratory ruling as authorized by Section 307 of Title 75 of the Oklahoma Statutes as to the applicability of any rule or order of the Commission. Such petition shall:
    (A)   be in writing;
    (B)   be signed by the person seeking the ruling;
    (C)   state the rule or order involved;
    (D)   contain a brief statement of facts to which the ruling shall apply; and
    (E)   if known and available to petitioner, include citations of legal authority in support of such views.
    (2)   The Commission shall have at least thirty (30) days to review the petition. Following the review period, the Commission shall consider the petition at its next meeting.
    (3)   The Commission may compel the production of testimony and evidence necessary to make its declaratory ruling.
    (4)   Declaratory rulings shall be available for review by the public at the Commission office.
    (f)   Contract Forms Committee.
    (1)   The Contract Forms Committee is required to draft and revise real estate purchase and/or lease contracts and any related addenda for standardization and use by real estate licensees (Title 59 O.S. 858-208 {14}).
    (2)   The committee shall consist of eleven (11) members. Three (3) members shall be appointed by the Oklahoma Real Estate Commission; three (3) members shall be appointed by the Oklahoma Bar Association; and five (5) members shall be appointed by the Oklahoma Association of Realtors, Incorporated.
    (3)   The initial members' terms shall begin upon development of the forms and each member shall serve through the effective date of implementation of form(s) plus one (1) year. Thereafter, the Oklahoma Real Estate Commission shall appoint one (1) member for one (1) year, one (1) member for two (2) years, and one (1) member for three (3) years; the Oklahoma Bar Association shall appoint one (1) member for one (1) year, one (1) member for two (2) years, and one (1) member for three (3) years and; the Oklahoma Association of Realtors, Incorporated shall appoint two (2) members for one (1) year, two (2) members for two (2) years, and one (1) member for three (3) years. Thereafter, terms shall be for three (3) years and each member shall serve until their term expires and their successor has been appointed. Any vacancy which may occur in the membership of the committee shall be filled by the appropriate appointing entity.
    (4)   A member can be removed for just cause by the committee.
    (5)   Each member of the committee shall be entitled to receive travel expenses essential to the performance of the duties of his appointment, as provided in the State Travel Reimbursement Act.
    (g)   Oklahoma Education and Recovery Fund. If a special levy is assessed on licensees as outlined in Title 59 O.S. 858-604 (E), the levy must be paid within sixty (60) days of assessment or the license will be placed on inactive status and shall not be placed on active status until the levy is paid.
[Source: Amended at 15 Ok Reg 3321, eff 7-13-98; Amended at 16 Ok Reg 3630, eff 9-10-99 (emergency); Amended at 17 Ok Reg 2643, eff 7-1-00; Amended at 20 Ok Reg 2562, eff 7-11-03; Amended at 24 Ok Reg 2320, eff 7-1-07; Amended at 25 Ok Reg 440, eff 1-1-08 (emergency); Amended at 25 Ok Reg 1987, eff 7-1-08; Amended at 30 Ok Reg 2046, eff 11-1-13; Amended at 34 Ok Reg 1979, eff 11-1-17]