Oklahoma Administrative Code, Title 80 — State Auditor and Inspector

Chapter 1 Administrative Operations

Subchapter 1 General Provisions

Okla. Admin. Code § 80:1-1-1 Purpose

(a) The Auditor is the statutory administrator of abstractors in the State of Oklahoma, 74 O.S. Section 227.10, et seq.

(b) In keeping with his authority and purpose, the Auditor has promulgated rules and regulations to implement the statutes and to describe administrative operations and procedures available to the public pursuant to 75 O.S., Sections 302, 305, and 307.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92

Okla. Admin. Code § 80:1-1-2 Definitions

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

"Abstractor" means a person engaged in the business of abstracting including the holder of a Certificate of Authority, Permit or Abstractor License.

"Auditor" means the State Auditor and Inspector.

"Registrar" means the Abstractor Registrar.

"Respondent" means the person complained against.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-1-3 Gender and number references in rules

Masculine words shall include the feminine and neuter, and the singular includes the plural.

Okla. Admin. Code § 80:1-1-4 Principal office; hours

The principal office of the Auditor is in Oklahoma City, Oklahoma. The office is open during regular business hours each day except Saturday, Sunday and legal holidays.

Okla. Admin. Code § 80:1-1-5 Communications

All communication shall be in writing and addressed to the Registrar at the principal office of the Auditor unless the Registrar directs otherwise.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-1-6 Availability of records; copies

Copies of rules, regulations and other written statements of policy relating to abstractors and adopted by the Auditor in the discharge of duties and all final orders, decisions and opinions will be available for public inspection at the principal office during regular office hours. Copies of the official records may be made and certified by the Registrar upon prepayment of the copying fee which shall be posted in the Registrar's office (see 51 O.S. 24A.5.3). All material in the Auditor's office protected from publication by State and Federal law shall not be released.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-1-7 Powers and duties

The powers and duties of the Auditor are set forth in the Oklahoma Abstractors Law, 74 O.S. Section 227.10, et seq.

Okla. Admin. Code § 80:1-1-8 Administrative Procedures Act

The procedure for complaints, hearings and regulation of matters covered by the rules of this Title shall be governed by the Oklahoma Administrative Procedures Act, 75 O.S. Section 301, et seq. and any conflict between the rules of this Title and the Act, the Act shall govern.

Okla. Admin. Code § 80:1-1-9 Authority, interpretation, and severability of rules

The rules in this Chapter are adopted pursuant to Title 74 Oklahoma Statutes, Section 227.10 et seq., known as the Oklahoma Abstractors Law and Title 75 Oklahoma Statutes, Section 301 et seq. Should a court having jurisdiction or the Attorney General of Oklahoma find any part of the rules of this Chapter to be inconsistent with the provisions of law as they presently exist or are hereafter amended, they shall be interpreted to comply with the statutes as they presently exist or are hereafter amended and the partial or total invalidity of any section or sections of this Chapter shall not affect the valid sections.

Subchapter 2 Informal Complaint Resolution

Okla. Admin. Code § 80:1-2-1 Informal Complaints

(a) Who may initiate an informal complaint. Any person having a complaint against an abstractor, which alleges violation or noncompliance with Abstractors law or rules and regulations, may initiate an informal complaint procedure by addressing the complaint to the Registrar at the Auditor's principle office. At any time, the Registrar may also initiate an investigation and/or informal complaint procedure.

(b) Contents of informal complaint. The complaint should contain a clear and concise statement of the facts, to include the names, addresses and telephone numbers of persons involved; dates or approximate dates; and sufficient information to reveal the alleged violations of law and the facts on which they are based.

(c) Informal complaint procedure. The Registrar shall review the complaint to determine if the alleged acts of the respondent constitute a violation of abstractor's law, rules and regulations, or Auditors orders, and if it is reasonable that the claim can be supported with sufficient evidence. If the complaint fails said review, the Registrar shall respond to the complainant in writing, explaining the reason(s) why the complaint will not be acted upon. If the complaint passes said review, the Registrar may:

(1) order the respondent to provide, within 10 working days, a written response to the allegations;

(2) attempt an informal resolution;

(3) initiate an investigation;

(4) conduct an inspection of the abstract company; and/or

(5) terminate the investigation when it appears there is no violation of law or rules and regulations, or when it clearly appears there is not sufficient evidence to support such a claim.

(d) Right to formal complaint. Upon conclusion of an investigation of an informal complaint, if agreement cannot be reached on an informal resolution to the complaint, the complainant may exercise the right to a formal complaint procedure on the allegations against the abstractor.

(e) Settlement. Upon conclusion of an inspection or complaint investigation, if the Registrar finds that the abstractor is in violation or noncompliance with any provision of the Oklahoma Abstractors Law or rule, regulation, or order of the State Auditor and Inspector, the Registrar may choose to offer the respondent a settlement in lieu of a hearing, through issuance of any sanctions and/or fines authorized in 74 O.S. § 227.22 and Section 227.27. If the respondent and the Registrar cannot agree on the findings and/or the settlement, the Registrar shall recommend to the Auditor that a formal complaint proceeding be initiated.

(f) Formal complaints initiated by the Auditor. At any time on his own order, the Auditor may direct the Registrar to initiate a formal complaint proceeding.

History

• Added at 18 Ok Reg 3493, eff 1-1-02

Subchapter 3 Individual Proceedings

Okla. Admin. Code § 80:1-3-1 Formal Complaint Proceeding

(a) Filing and contest of a formal complaint. A person who believes an abstractor has violated a provision of the Abstractors law, rules and regulations or Auditor's orders, or who wishes to protest the issuance or renewal of a certificate, license or permit, may invoke the jurisdiction of the Auditor by addressing a verified formal complaint to the Registrar at the Auditor's principle office. The complaint should contain a clear and concise statement of the facts, to include the names, addresses and telephone numbers of persons involved; dates or approximate dates; and sufficient information to reveal the alleged violations of law and the facts on which they are based.

(b) Fees. Before a formal complaint can be accepted and a hearing held a non-refundable filing fee of $150.00 must be paid to the Auditor.

(c) Notice. The Registrar shall mail a copy of a Formal Complaint to the person named as Respondent in the Complaint immediately upon filing of same.

(d) Review. The Registrar shall review the complaint to determine if it contains all elements set forth in part (a) above. If the complaint is lacking sufficient information to reveal the alleged violations, the Registrar shall offer to return the filing fee and attempt an informal resolution to the complaint. If the complaint contains sufficient information to proceed with a formal hearing, the Registrar shall schedule the hearing and will have responsibility for overseeing all proceedings involving the complaint and hearing until its conclusion.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92; Amended at 18 Ok Reg 3493, eff 1-1-02

Okla. Admin. Code § 80:1-3-2 Notice of hearing; pleadings

(a) Preparation and mailing. A Notice of Hearing shall be prepared by the Registrar and mailed by certified mail, return receipt requested, to the Respondent at the mailing address provided by the complainant; it shall be accompanied by a copy of the complaint.

(b) Contents. The Notice of Hearing shall contain the following information:

(1) the time, place and nature of the hearing,

(2) a statement of the legal authority and jurisdiction for hearing,

(3) a statement of the matters to be considered, and

(4) a reference to the particular sections of the statutes and/or rules involved.

(c) Rescheduling. The hearing may be rescheduled or continued at the discretion of the Hearing Examiner.

(d) Time. Notice of the hearing shall be given by the Registrar by mailing the Notice not less than thirty (30) days in advance of the hearing date to all persons directly affected by such hearing.

(e) Emergency. If the Auditor determines that an emergency exists, then the time limits in this Section may be waived. The grounds for the emergency shall be stated in the notice.

(f) Answer. The Respondent shall file with the Registrar a verified answer to a Complaint containing all defenses to be asserted by the Respondent within twenty (20) days of the filing of the Complaint.

(g) Motions and pleadings. No motions or other pleadings are authorized. However, the Hearing Examiner may, in his discretion, require or authorize additional pleadings or motions.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-3-3 Automatic hearing

In all cases involving censure, probation, suspension, denial or revocation of a license, certificate or permit, a hearing shall be scheduled by the Registrar.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-3-4 Subpoena of witness

(a) Request. In all cases the Registrar may issue subpoena or subpoena duces tecum where a party desires to compel the attendance of witnesses after a Complaint has been filed. When the party, or his attorney, desires to have witnesses subpoenaed to appear before the Hearing Examiner, a request in writing shall be made by such party or his attorney, giving the name and correct address of any such witness.

(b) Issuance; responsibility for expenses. The Registrar shall cause subpoena to be issued and mailed in conformity with written requests described in (a) of this Section; PROVIDED, that in said subpoena the witness named therein shall be advised that he may demand his travelling fees and daily attendance fees from the party, or his representative; that neither the Auditor nor the State of Oklahoma will be, and are not, responsible for any travelling fees, daily attendance fees, or other expenses incurred by such witness in attending any hearing before the Hearing Examiner.

(c) Time. Any such written request for witnesses on behalf of the party shall not be honored and issuance of such subpoena shall not be required unless such request for subpoena is presented to the Registrar, by mail or otherwise, at his office in Oklahoma City, Oklahoma, at least ten (10) days prior to the date of the hearing at which the attendance of any such witness, or witnesses would be required.

(d) Service by private process server. If any party desires to have service made by a private process server, he shall make such request in writing and state the name of the private process server and the address to which the subpoena should be mailed. The party or his attorney shall be responsible for obtaining such service and for the cost.

(e) Fees. Filings will be charged as follows:

(1) subpoena $20.00 each;

(2) service of subpoena $10.00 each by certified mail.

(f) Right to counsel. A person directly affected by a hearing shall have the right to appear in person or with counsel, provided that such counsel representing the party is duly licensed to practice law by the Supreme Court of Oklahoma. Counsel may be present during the presentation of evidence, be given a reasonable opportunity to examine and inspect all documentary evidence, cross-examine witnesses and present evidence in his client's behalf.

(g) Rules of evidence.

(1) The Hearing Examiner shall admit all competent, relevant and probative evidence, both oral and documentary, which tends to prove or disprove the allegations of the complaint, and shall exclude incompetent, irrelevant, immaterial or unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. The Hearing Examiner may reserve ruling on objections to any part of the testimony until the conclusion of all evidence on both sides. At the beginning of the hearing, the Hearing Examiner will advise the parties whether objections will be reserved. Objections not made at the time of the hearing shall be deemed waived.

(2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request a party shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts and of generally recognized technical facts within the field of abstracting. Such knowledge may be utilized in evaluating the evidence.

(h) Failure to appear. If the Respondent fails or refuses to appear, the Hearing Examiner may proceed and determine the matter in his absence. If the Hearing Examiner, after a hearing, determines that the certificate, license or permit should be suspended, revoked or not granted, then a recommendation to that effect shall be presented to the Auditor. A copy of the recommendation shall be mailed to the parties, who shall have ten (10) days from date of mailing, to dispute the recommendation. If the aggrieved party does not respond within ten (10) days of the date of the recommendation, then the Auditor may cancel, suspend, revoke, or not issue the certificate, license or permit without further proceedings.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-3-5 Conduct of hearings

(a) Open to public. All hearings shall be open to the public. Witnesses may be excluded when not testifying.

(b) Burden of proof. The burden of proof is on the movant in all hearings.

(c) Hearing Examiner.

(1) Hearing Examiners shall have the authority to conduct hearings subject to the applicable rules, regulations and orders of the Auditor.

(2) The Auditor shall appoint or employ the following individuals as Hearing Examiners within thirty (30) days of the filing of a Complaint:

(A) the Auditor;

(B) a designated member of the Auditor's staff;

(C) an attorney licensed to practice by the Oklahoma Supreme Court; and

(D) a five (5) member board consisting of three (3) members from the abstract industry, one (1) lay person and a Chair who shall be an attorney, licensed to practice law in Oklahoma. All procedural rulings shall be made by the Chair. In order to participate in the deliberations a board member must have been present during a majority of the proceedings. Service on the board will be voluntary, except that per diem, mileage and lodging costs will be paid, in accordance with the Oklahoma statutory provisions for same.

(3) A Hearing Examiner shall not preside at a proceeding in which any party to the proceeding is or has been a client of the Hearing Examiner. Additionally, a Hearing Examiner may not preside in a proceeding where any partnership, firm, corporation or other entity with which the Hearing Examiner is or has been associated is a party.

(d) Order of procedure. A prehearing conference shall be held for all contested matters the date and time of which shall be set by the Hearing Examiner upon consultation with the parties after all discovery has been completed. At the prehearing conference the Hearing Examiner shall hear any motions field by the parties not less than ten (10) days prior to the conference.

(1) The parties shall meet prior to the prehearing conference and jointly prepare a Prehearing Statement which shall be submitted to the Hearing Examiner at least fifteen (15) days prior to the prehearing conference.

(2) The Prehearing Statement shall include a statement of the factual issues in contention; stipulations to as many facts and issues as possible; a statement of any contested legal issues, and argument and authority on each; a list of the partys' premarked exhibits the parties intend to introduce as evidence, including the number and a description; a list of witnesses the parties intend to call at the hearing with a concise summary of their expected testimony, and a statement by an opposing party regarding an objection to any exhibit or witness and a brief statement of the basis for the objection including citation of authority.

(3) At the conference the Hearing Examiner shall rule on any outstanding motions and, where feasible, rule on the admissibility of any exhibit or testimony of any witness. The participants shall formulate the order of procedure for the hearing so that the hearing may proceed in an efficient and productive manner.

(4) Counsel for the Complainant shall prepare a prehearing order unless otherwise directed by the Hearing Examiner. The order shall include all remaining contentions of the parties; all stipulations, admissions and uncontested matters; all remaining issues of fact, issues of law and mixed issues of law and fact; the description and number of all exhibits to be introduced; the name and expected testimony of all witnesses to be called; and the order of procedure for the hearing.

(5) The contents of the Prehearing Order shall supersede the pleadings and govern the hearing of the case. It shall be approved by all parties and the Hearing Examiner.

(6) Once the Prehearing Order has been signed by all the parties and the Hearing Examiner, and filed in the case no exhibit or witness may be added without the approval of the Hearing Examiner upon a showing by the requesting party that manifest injustice would occur if such evidence or testimony were not permitted at the hearing.

(e) Location. All hearings will be conducted in Oklahoma City at a location designated by the Registrar.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92; Amended at 14 Ok Reg 2193, eff 6-12-97

Okla. Admin. Code § 80:1-3-6 Record of hearings

(a) Form; transcripts. A record of all hearings conducted by a Hearing Examiner will be made by means of tape recording, shorthand notes or court reporter, whichever the Registrar designates. A party may have a transcript of the proceeding prepared upon written application and deposit made of funds in an amount sufficient to pay for the transcription. Any other person directly affected by the hearing shall be furnished a copy of the stenographic record at his own expense when such transcript is made part of the record.

(b) Maintenance. The record of a hearing and a file containing the pleadings will be maintained in the office of the Registrar. When a tape recording of a proceeding is made, it shall be maintained for a period of one year.

(c) Contents. A record of an individual proceeding shall include:

(1) all pleadings, motions and intermediate rulings;

(2) evidence received or considered;

(3) a statement of matters officially noticed;

(4) questions and offers of proof, objections and ruling thereon;

(5) proposed findings and exceptions;

(6) any decision, opinion or report by the officer presiding the hearing; and

(7) all memoranda or data submitted to the hearing officer.

(d) Court reporter. A party may request in writing the presence of a court reporter, whose expenses shall be paid by the requesting party.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-3-7 Recommendation; request for review

(a) Recommendation by Hearing Examiner. The Hearing Examiner shall have no more than thirty (30) days to make a recommendation to the Auditor upon completion of a hearing.

(b) Mailing. The recommendation shall be mailed to all parties by the Registrar immediately upon filing.

(c) Request for review. Within ten (10) days of the recommendation, a party may make a written request for review of a recommendation within ten (10) days from the date a recommendation is filed.

(d) Failure to request review; final order. Failure to timely request review by the Auditor will result in final affirmation of the Hearing Examiner's recommendation by the Auditor. A final order, signed by the Auditor shall be mailed to each party or their attorney of record.

(e) Review by Auditor. When the request for review is timely made, the Auditor may review the record, or, in his discretion, may hold a review proceeding. The review by the Auditor shall be confined to the record of the hearing unless otherwise ordered on good cause shown. The Auditor shall determine the time, place and extent of the review. Oral argument may be allowed. The Auditor shall issue his final order within fifteen (15) days of the review proceeding.

(f) Mailing of final order; appeal. The Auditor shall issue his final order upon completion of the review. Copies shall be mailed to each party or to their attorney of record. Appeals from the final order may be made as provided by law.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-3-8 Final orders

A final order shall be in writing. It shall include separate statements of the findings of fact and conclusions of law. Findings of fact shall be accompanied by a concise and explicit statement of the evidence supporting the findings. The order shall include a ruling on proposed findings of fact submitted by a party. A copy of the final order shall be delivered or mailed forthwith to each party or to their attorney of record.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-3-9 Rehearings

(a) Application. An application for rehearing may be made in writing within ten (10) days of the date of the final order. The petitioner shall set forth one (1) or more of the following as grounds in the rehearing request:

(1) newly-discovered or newly-available evidence, relevant to the issues;

(2) need for additional evidence to adequately develop the facts essential to a proper decision;

(3) probable error committed by the agency in the proceeding or in its decision such as would be ground for reversal on judicial review of the order;

(4) need for further consideration of the issues and the evidence in the public interest; or

(5) a showing that issues not previously considered ought to be examined in order to properly dispose of the matter.

(b) Auditor initiative. Nothing in this Subchapter shall prohibit the Auditor from rehearing, reopening or reconsidering a matter at any time, on the grounds of fraud practised by the prevailing party, procurement of perjured testimony, or fictitious evidence, and in accordance with other statutory provisions applicable to the Auditor.

Subchapter 5 Rulemaking and Declaratory Rulings

Okla. Admin. Code § 80:1-5-1 Adoption, amendment or repeal of rules

All interested persons may ask the Auditor to promulgate, amend or repeal a rule. Such request shall be in writing and filed with the Registrar. The request shall fully set forth the reasons for its submission; the alleged need or necessity therefore; whether the proposal conflicts with any existing rule; and what statutory provisions, if any, are involved. Such request shall be considered by the Auditor. If he approves the proposed change, notice will be given that such proposal will be formally considered for adoption. If, however, he initially determines that the proposal or request is not a necessary rule, amendment or repeal, the same will be refused and the decision reflected in the records of the Auditor. A copy will be sent to the person who submitted the request.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Okla. Admin. Code § 80:1-5-2 Declaratory rulings

Any person who may be directly affected by the existence or application of any of the public rules of the Auditor may request in writing an interpretation or ruling regarding the application of such rule to a particular set of facts. Any such request shall state sufficient facts and the particular rule(s) to which those facts should be applied. The request will be reviewed by the Registrar. The Auditor will make a final determination of the interpretation or ruling. His interpretation of the rule will be furnished in writing within a reasonable time to the person making the request.

History

• Amended at 9 Ok Reg 2701, eff 7-13-92

Chapter 10 Administration of Abstractors Law

Subchapter 1 General Provisions

Okla. Admin. Code § 80:10-1-1 Purpose

The rules of this chapter have been adopted for the purpose of implementing the Oklahoma Abstractors Law, 74 O.S., Sections 227.10 et seq. These rules have been promulgated in order to establish criteria, fees and procedures for the granting of certificates, permits and licenses.

Okla. Admin. Code § 80:10-1-2 Definitions

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

"Abstractor" means a person engaged in the business of abstracting including the holder of a Certificate of Authority, Permit or Abstractor License.

"Auditor" means the State Auditor and Inspector.

"Licensee" means a person who holds a current Abstractor license.

"Registrar" means the Abstractor Registrar.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92

Okla. Admin. Code § 80:10-1-3 Gender and number references in rules

Masculine words shall include the feminine and neuter, and the singular includes the plural.

Okla. Admin. Code § 80:10-1-4 Authority, interpretation, and severability of rules

The rules in this Chapter are adopted pursuant to Title 74 Oklahoma Statutes, Section 227.10 et seq., known as the Oklahoma Abstractors Law and Title 75 Oklahoma Statutes, Section 301 et seq. Should a court having jurisdiction or the Attorney General of Oklahoma find any part of the rules of this Chapter to be inconsistent with the provisions of law as they presently exist or are hereafter amended, they shall be interpreted to comply with the statutes as they presently exist or are hereafter amended and the partial or total invalidity of any section or sections of these rules shall not affect the valid sections.

Subchapter 3 Abstractor Licenses, Certificates of Authority, and Permits

Okla. Admin. Code § 80:10-3-1 Who must hold abstractor license

(a) When the holder of a Certificate of Authority or Permit is an individual or partner who is actively engaged in the process of preparing abstracts, he shall be required to have an Individual Abstractor License.

(b) Any person employed by "a holder of a Certificate of Authority or Permit for the purpose of searching county records or compiling abstracts shall hold an Abstractor License. The provisions of this [subsection] shall not apply to an employee whose sole function is to put the work product of others into typewritten or other readable form." [74:227.24]

History

• Amended at 9 Ok Reg 2705, eff 7-13-92

Okla. Admin. Code § 80:10-3-2 Examinations for abstractor license

The test for an Abstractor License will be given monthly at a location designated by the Registrar. A testing fee of $35.00 must be paid to the Auditor prior to taking the test. This fee must be paid every time the test is taken. Tests will be graded either pass or fail. Seventy per cent (70%) of the questions must be answered correctly to pass. All test results will be confidential. If failed, the test can be taken again in thirty (30) days, not to exceed three times in a six (6) month period.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 14 Ok Reg 2194, eff 6-12-97

Okla. Admin. Code § 80:10-3-3 Abstractor license term and fee

Each Abstractor License shall be valid for one (1) year for each county in which the supervising certificate holder or permit holder has a valid certificate or permit respectively. The fee for each license and renewal thereof shall be fifty ($50.00) dollars.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 14 Ok Reg 2194, eff 6-12-97; Amended at 21 Ok Reg 3173, eff 9-13-04

Okla. Admin. Code § 80:10-3-4 Notice of change in licensee's employment

(a) If a licensee leaves the employ of a holder of a Certificate of Authority or Permit, or changes employment to another holder of a Certificate of Authority or Permit, he shall so inform the Auditor in writing within ten (10) days of the action.

(b) The holder of a Certificate of Authority or Permit shall inform the Auditor in writing of the termination of a licensee within (10) days. The holder of a Certificate of Authority or Permit is not required to give notice to the Auditor when a licensee takes contractual leave.

History

• Amended at 11 Ok Reg 3661, eff 7-11-94

Okla. Admin. Code § 80:10-3-5 Bonds required for Permits and Certificates of Authority

Each application for a Certificate of Authority shall be accompanied by a bond concerning county records and either a bond or insurance to pay damages for possible errors in abstracts prepared by the abstract company. Each application for a Permit shall be accompanied by a bond concerning county records only.

(1) County records bond.

(A) The bond shall be valid for one (1) year and extend coverage to the various county offices for damages by reason of mutilation, injury or destruction of any record or records of the several county offices to which the applicant may have access.

(B) If a surety bond is provided it shall be issued by a surety company licensed to do business in the State of Oklahoma.

(C) The original bond shall be filed in the office of the Registrar and said office shall mail a certified copy of the bond to the County Clerk's office for filing.

(2) Errors and omissions bond. If coverage for damages for possible errors in abstracts prepared by the abstract company will be by bond then the bonds shall be on forms either prescribed by, or approved in advance by the Registrar.

(A) Either personal or surety bonds that satisfy the requirements of 74 O.S. Section 227.14(C) and the rules of this Chapter will be accepted by the Auditor.

(B) A personal bond must provide that the Certificate of Authority or Permit Holder be the obligor and that the Auditor be the obligee. The personal bond, conditioned on the obligor performing its duties without error, must be accompanied by either cash or a Certificate of Deposit delivered to the Registrar.

(C) A Certificate of Deposit must be issued by a federally insured financial institution in the State of Oklahoma and must have a maturity term of a minimum of one year. The Certificate of Deposit shall either show on its face the Auditor as its holder or it shall be endorsed in his favor. The original Certificate of Deposit shall be delivered to the Auditor with an executed personal bond form. Interest on such Certificate of Deposit shall be paid to the obligor. Payment to a third party will be allowed on a personal bond upon presentation of either a final order of a District Court of the State of Oklahoma finding that the conditions of the bond have not been met, or upon written settlement with the obligor. Prior to payment unless the obligor presents to the Registrar either a surety bond or an alternative method of securing the personal bond equal to the amount of the claim against the bond the Registrar shall take action to suspend the certificate of authority of the obligor.

(D) The personal bond and a facsimile of the Certificate of Deposit become part of the file of the Certificate of Authority Holder or Permit Holder for whom they are given. These documents are available for examination and copying by the public.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 11 Ok Reg 3661, eff 7-11-94

Okla. Admin. Code § 80:10-3-6 Application fees for Permits and Certificates of Authority

(a) An application fee shall accompany each application for a Certificate of Authority. A separate application is required for each county in which the applicant desires to do business. The fee shall be as follows:

(1) County Population of less than 30,000 - $250

(2) County Population of 30,000 but less than 60,000 - $500.00

(3) County Population of 60,000 but less than 100,000 - $750.00

(4) County Population of 100,000 or more - $1,000.00

(b) An application fee shall accompany each application for a Permit. A separate application is required for each county in which the applicant desires to engage in the business of abstracting. The fee shall be as follows:

(1) County Population of less than 30,000 - $250

(2) County Population of 30,000 but less than 60,000 - $500.00

(3) County Population of 60,000 but less than 100,000 - $750.00

(4) County Population of 100,000 or more - $1,000.00

History

• Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 21 Ok Reg 3173, eff 9-13-04

Okla. Admin. Code § 80:10-3-7 Licensing associations, corporations, partnerships

The Auditor may issue a Permit or a Certificate of Authority to an association, partnership, corporation or other entity recognized by the laws of the State of Oklahoma. An applicant for Permit or Certificate of Authority under this section shall be required to comply with the same laws, rules, regulations and orders as individuals. Such entities shall designate in writing an individual as service agent to receive service of summons and notice of hearings or state on the application form that it will accept service at its business address on the application form.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92

Okla. Admin. Code § 80:10-3-8 Licensing nonresidents

Anyone who is not a resident of the State of Oklahoma but who otherwise qualifies for a Certificate of Authority, Permit or Abstractor License may obtain the same by complying with the applicable laws, rules, regulations and orders. In addition, any such person shall give written consent that actions, suits at law and administrative proceedings may be commenced against such nonresident in any county in this state where any cause of action may arise or be claimed to have arisen out of any actions occurring as a result of alleged activities under the Oklahoma Abstractors Law. Such consent shall be applicable to a nonresident, his agents or employees. Further, such nonresident shall appoint, in writing, a service agent in the State of Oklahoma to receive service of summons or notice of hearing for him in all such actions which notice shall be sufficient to give the Auditor and the courts jurisdiction over him in all such actions. A nonresident may designate the Registrar as his service agent.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92

Okla. Admin. Code § 80:10-3-9 Forms

(a) Certificate of Authority.

(1) An application form for a Certificate of Authority shall be used when an entity applies for a Certificate of Authority for the first time.

(2) A renewal form shall be used for the annual renewal of the Certificate of Authority.

(3) A transfer form shall be used when the ownership of holder of a Certificate of Authority changes.

(b) Permit. An application for a Permit shall be used when an applicant desires to engage in the business of abstracting and does not hold a current Certificate of Authority in the appropriate county.

(1) When applying for a Permit the applicant must include affidavit forms completed by the appropriate District Court Clerk and County Clerk certifying the completeness or incompleteness of the county records.

(2) The Registrar shall include a general statement of the law, and instructions directing how the forms should be completed shall be included with each application for a Permit.

(3) If the affidavits of the District Court Clerk or the County Clerk filed with the application for Permit indicate that the records in either office are incomplete; or if after an administrative hearing this office determines that the records in those offices are incomplete; then the applicant shall obtain all those records otherwise unavailable from the offices of the District Court Clerk and County Clerk prior to the issuance of the permit.

(c) Bonds. A Certificate of Authority Holder wishing to take advantage of the alternative under 80:10-3-5(b), must use the Auditor bond form unless prior approval is received from the Auditor for the use of another form.

(d) License. An application for an Abstractor License is used when an individual applies for an Abstractor license for the first time. A renewal form is used for the annual renewal of an Abstractor License.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 17 Ok Reg 3287, eff 8-25-00

Okla. Admin. Code § 80:10-3-10 Abstracting Fees

(a) A List of Abstracting Fees shall be attached to an Application for Certificate of Authority, an Application to Renew Certificate of Authority and an Application to Transfer Certificate of Authority.

(1) A list of Abstracting Fees shall include all fees an applicant intends to charge for abstracting services or products.

(2) No certificate of authority shall be issued to any applicant until the List of Abstracting Fees is approved by the Abstractor Registrar.

(b) An applicant shall not charge any customer any abstracting fee for other than that listed in the approved List of Abstracting Fees.

(c) An applicant shall not charge any customer any fee for abstracting services or products not on the approved List of Abstracting Fees.

(d) Applicants may submit an Amended List of Abstracting Fees once a year to increase or decrease any abstracting fee or fees, and to add or delete any abstracting service or product. The Amended List of Abstracting Fees must be approved by the Abstractor Registrar before becoming effective.

(e) The Abstractor Registrar may disapprove a List of Abstracting Fees if he/she determines that an abstracting fee is excessive or is used as an unlawful inducement. In determining whether an abstracting fee is excessive the Abstractor Registrar may consider:

(1) the change from any prior rate for the same service;

(2) the fee charged by other abstract companies within the same county, in adjacent counties and in counties with similar characteristics;

(3) the amount of work performed;

(4) the time required to perform the abstracting service;

(5) the amount of financial risk involved;

(6) the cost of providing the service;

(7) the availabiility of competition;

(8) the average cost for such services across the state; and

(9) any other factor that the applicant or Abstractor Registrar demonstrates is relevant in a particular case.

(f) Page charges. If a certificate holder charges a fee based on the number of pages in an abstract, the charge must be based on objective criteria and applied uniformly to all abstracts.

History

• Added at 11 Ok Reg 3661, eff 7-11-94; Amended at 14 Ok Reg 2194, eff 6-12-97

Subchapter 5 Regulation of Licensees and Certificate/Permit Holders

Okla. Admin. Code § 80:10-5-1 Inspections

(a) The State Auditor and Inspector shall conduct inspections of all Permit Holders and Certificate Holders at the discretion of the Registrar and to hire employees to this end.

(b) Upon request, a Permit Holder or Certificate Holder shall provide access to such inspector to the records and premises of their business. Failure to do so in a timely manner shall constitute an offense subject to fine, suspension, revocation or such other sanction as may be determined by law.

(c) Certificate Holders shall maintain for five years a copy of the certificate page of such abstract; a worksheet, the certificate page of any abstract used for duplication, and billing information.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 14 Ok Reg 2194, eff 6-12-97

Okla. Admin. Code § 80:10-5-2 Penalties for failure to pay renewal fees

The Auditor shall assess and collect penalties against licensees and certificate holders for the failure to pay renewal fees. Such penalties shall be posted in the Registrar's office. If the amount of the penalty is changed, thirty (30) days notice shall be given before the change shall be effective.

Okla. Admin. Code § 80:10-5-3 Preparation of abstracts

(a) Type of Abstract. A Certificate of Authority holder shall prepare an abstract to cover a fee simple, or upon the request of a customer, a fee simple less and except oil, gas and other mineral interests, and where applicable, coal interests. The Abstract Certificate and/or Caption Sheet shall reflect the nature of the abstract along with an appropriate disclaimer regarding that which is excluded.

(b) Contents of Abstract. For the time period covered by the certification, an abstract shall include the following: all instruments that have been filed for record or have been recorded in the Office of the County Clerk which legally impart constructive notice of matters affecting title to the subject property, any interest therein or encumbrances thereon; the records of the District Court Clerk and the County Clerk that disclose executions, court proceedings, pending suits, liens of any kind affecting the title to said real estate; judgments or transcripts of judgments against any of the parties appearing within the chain of title of the abstract, either indexed and docketed prior to October 1, 1978 on the judgment docket of the District Court Clerk or filed for record or recorded on or after October 1, 1978 in the Office of the County Clerk of said county; and all ad valorem tax liens due and unpaid against said real estate, tax sales thereof unredeemed, tax deeds, unpaid special assessments certified to the Office of the County Treasurer, due and unpaid, tax sales thereof unredeemed, and tax deeds given thereon and unpaid personal taxes which are a lien on said real estate.

(c) Federal Court Records. For property located in Muskogee, Oklahoma and Tulsa counties, for the time period covered by the certification, an abstract or special certificate shall include the records of the Clerk of the United States District Court and the records of the Clerk of the United States Bankruptcy Court in Muskogee, Oklahoma and Tulsa counties, respectively, that disclose executions, court proceedings, pending suits and bankruptcy proceedings in said courts affecting title to the subject property; judgments or transcripts of judgments against any of the parties appearing within the chain of title of the abstract, either indexed and docketed prior to October 1, 1978 on the judgment docket of the Clerk of the respective United States District Court or filed for record or recorded on or after October 1, 1978 in the office of the County Clerk of the respective county, affecting title to said real estate.

(d) Other Services. Any service performed by the holder of a Certificate of Authority that does not meet the standard established in subsection (b) of this section shall not be designated an "abstract" and shall not include an Abstract Certificate.

History

• Amended at 9 Ok Reg 2705, eff 7-13-92

Okla. Admin. Code § 80:10-5-4 Legibility

(a) Copies of documents included in an abstract of title prepared by a holder of a Certificate of Authority shall be as legible as the source document on file in the offices of the County Clerk or the District Court Clerk except for source documents larger than 8 1/2" × 14".

(b) Any holder of a Certificate of Authority shall be subject to a fine of up to ten dollars ($10.00) per page for each page of an abstract of title that fails to meet the standard in subsection (a) of this section.

History

• Added at 9 Ok Reg 2705, eff 7-13-92

Okla. Admin. Code § 80:10-5-4.1 Abstracts furnished without delay

Failure by an abstract company to furnish an abstract within the following time periods shall be deemed to constitute unnecessary delay pursuant to O.S. 74 §227.20, unless the reason for the delay was beyond the control of the abstractor, including but not limited to: extensive illness, rapid increases in orders, and acts of God.

(1) Abstract Extensions and Supplemental Abstracts:

(A) Counties over 40,000 population:

(i) Platted: 10 working days

(ii) Unplatted: 15 working days

(B) Counties 40,000 population and under:

(i) Platted: 12 working days

(ii) Unplatted: 17 working days

(2) New Abstracts:

(A) Counties over 40,000 population:

(i) Platted: 15 working days

(ii) Unplatted: 20 working days

(B) Counties 40,000 population and under:

(i) Platted: 17 working days

(ii) Unplatted: 22 working days

History

• Added at 18 Ok Reg 2493, eff 1-1-02

Okla. Admin. Code § 80:10-5-5 New plants

(a) Any abstract plant built by a permit holder shall include an index of all documents which legally impart constructive notice of matters affecting title to real property, any interest therein or encumbrance thereon which have been filed or recorded in the offices of the county clerk and court clerk of the county in which an abstract company is licensed regardless of whether an instrument is in such offices.

(b) Such abstract plant shall consist of a system of recording information in which notations or references to any documents that describe property affected are organized by the property description and such information is compiled from copies of the instruments and not copied or reproduced from any county index.

(c) Such abstract plant shall include a description of the property, a reception number or the book and page number where the document was filed, the date of filing, the grantor, the grantee, and any other information as the abstract company shall deem appropriate.

(d) Any person employed by the holder of a Permit to search county records, acquire information for, or post information to such an abstract plant shall hold an Abstractor License.

History

• Added at 14 Ok Reg 2194, eff 6-12-97