Permanent Final Adoptions

TITLE 775. Board of Veterinary Medical Examiners

CHAPTER 15. Investigations and Disciplinary Actions

[OAR Docket #09-500]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 1. Purpose and Definitions

775:15-1-2. Definitions [AMENDED]

AUTHORITY:

59 O.S. Supp.2007, SEC. 698.1 et seq.; Board of Veterinary Medical Examiners

DATES:

Comment period:

December 1, 2008 through January 5, 2009

Public hearing:

January 9, 2009

Adoption:

January 9, 2009

Submitted to Governor:

January 13, 2009

Submitted to House:

January 13, 2009

Submitted to Senate:

January 13, 2009

Gubernatorial approval:

February 9, 2009

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on March 25, 2009

Final adoption:

March 25, 2009

Effective:

April 30, 2009

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A

ANALYSIS:

The proposed revisions to chapter 15 will be a change in the definition of Complaint; deletion of the words person licensed or certified by the Board and inserts any persons.

CONTACT PERSON:

Cathy Kirkpatrick, Executive Director, 201 N.E 38th Terr. Suite 1, Oklahoma City, OK 73105, 405-524-9006

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF APRIL 30, 2009:

SUBCHAPTER 1. Purpose and Definitions

775:15-1-2. Definitions

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

"Act" means the Oklahoma Veterinary Practice Act, 59 O.S. Sec. 698.1, et seq.

"APA" means Article I and/or Article II of the Oklahoma Administrative Procedures Act,

75 O.S. Sec. 250, et seq.

"Board" means the Board of Veterinary Examiners.

"Citizen complaint" means refers to a written or oral statement of complaint from any person of a possible violation of the Act or rules of the Board and which is then available for investigation by the Board's staff.

"Complaint" means a written statement of alleged violation of the Act and/or rules of the Board by a person licensed or certified by the Board any person and which is filed with the Secretary-Treasurer in anticipation of the issuance of a citation. This definition is distinct from citizen complaint.

"Defendant" means the person against whom an individual proceeding is initiated.

"Executive Director" means the Executive Director of the Board.

"Hearing" means the trial mechanism employed by the Board to provide due process to a defendant in an individual proceeding.

"Hearing Examiner" means an Oklahoma licensed attorney who assists and advises the Board regarding legal matters in the conduction of an individual proceeding.

"Individual proceeding" means the formal process by which the Board undertakes administrative disciplinary action against a person licensed or certified by the Board in accordance with the Act and the APA.

"Plaintiff" means the State Of Oklahoma ex rel. Oklahoma State Board of Veterinary Medical Examiners.

"Secretary-Treasurer" means the Secretary-Treasurer of the Board.

"Staff" means employees of the Board or other persons specifically authorized to investigate complaints.

[OAR Docket #09-500; filed 3-26-09]