TITLE 595. DEPARTMENT OF PUBLIC SAFETY
Chapter 1. General Rules of the Department of Public Safety
Notice of proposed PERMANENT rulemaking.
Subchapter 9. Inspection and copying of final orders, decisions, opinions, and open records [AMENDED].
595:1-9-4. Fees [AMENDED].
The proposed revisions to Subchapter 9 of Chapter 1 reduce the fees for the production of compact discs, digital video discs, or other similar optical storage discs from $25.00 to $5.00.
Commissioner of Public Safety; 47 O.S. § 6-101 et seq.
Persons wishing to present their views in writing may do so before 5:00 p.m. on March 19, 2020 at the following address: Kimberly Dammen, Office of Legislative Services, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136, or Kimberly.Dammen@dps.ok.gov.
A public hearing will be held at 3:00 p.m. on Friday, March 20, 2020 at the Robert R. Lester Training Center, Classroom E, 3600 N. Martin Luther King Ave., Oklahoma City, OK 73111. Anyone who wishes to speak must sign in at the door by 3:05 p.m.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES:
The Department of Public Safety requests that business entities affected by these proposed rules provide the Department, within the comment period, in dollar amounts if possible, the increase in the level of direct services, revenue loss, or other costs expected to be incurred by costs such as fees, and the indirect costs such as reporting, record keeping, equipment, construction, labor, professional the particular business entity due to compliance with the proposed rules. Business entities may submit this information in writing to Kimberly Dammen, Office of Legislative Services, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136, or emailed to Kimberly.Dammen@dps.ok.gov by 5:00 p.m. on March 19, 2020.
COPIES OF PROPOSED RULES:
The proposed rules may be viewed on the agency's website at www.ok.gov/dps and copies may be obtained from the Department of Public Safety's office located at 3600 N. Martin Luther King Ave., Oklahoma City, OK 73111. Copies may also be obtained by written request mailed to the attention of Kimberly Dammen, Office of Legislative Services, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136, or emailed to Kimberly.Dammen@dps.ok.gov.
RULE IMPACT STATEMENT:
Pursuant to 75 O.S. § 303(D), a rule impact statement has been prepared and will be available for review at the above address.
Kimberly Dammen, 405-425-2241, or Kimberly.Dammen@dps.ok.gov, or by mail at Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136.
(a) General. A fee shall be assessed for each individual record, or portion thereof, and for the recovery of the reasonable, direct costs of mechanical reproduction, copies of records, materials, certification, searches, and other activities relating to records as allowed by law and in accordance with these rules.
(b) Search fees. If a request for records is either solely for commercial purposes or would clearly cause excessive disruption of the essential functions of the Department, a search fee may be charged to recover the direct cost of record search and copying.
(c) Fee amounts.
(1) A record produced on a single sheet of paper with dimensions of eight and one-half (8 1/2) by fourteen (14) inches or smaller: $0.25 per page. [51 O.S. §24A.5(3)]
(2) Motor vehicle report: $25.00 per report. [47 O.S. §6-117(D)]. Persons sixty-five (65) years of age or older shall not be required to pay a fee for their own Motor Vehicle Report furnished by the Department or tag agent.
(3) Certified Motor Vehicle Report: $28.00 per report. [47 O.S. §§2-110(B) and 6-117(D)]
(4) Collision report on file with the Department: $7.00 per report. [47 O.S. §6-117(C)]
(5) Certified collision report on file with the Department: $10.00 per report. [47 O.S.§§2-110(B) and 6-117(C)]
(6) Certified copy of a record, other than a Motor Vehicle Report or a Collision report: $3.00 per report. [47 O.S. §2-110(B)]
(7) Compact disc (CD), DVD or similar optical storage disc: $25.00 $5.00 per disc.
(8) Search fee: The amount of the fee shall be for the cost of materials and labor directly attributable to fulfilling the request. [51 O.S. §24A.5(3)(b); Okl. Atty. Gen. Opinion 1996 OK AG 26]
(9) For any other record not specified herein, a fee may be assessed for recovery of the reasonable, direct costs of record copying or mechanical reproduction.
(10) Persons sixty-five (65) years of age or older shall not be required to pay a fee for their own Motor Vehicle Report furnished by the Department or motor license agent.
"Advisory board" means an advisory board formed at the discretion of the OSAP Committee chair comprised of a designee from each of the nine members of the OSAP Committee to collect, review, and make initial award recommendations to the Committee.
"OSAP Committee" means the Oklahoma State Award Program Committee, also referred to as the "OSAP Committee".
"Oklahoma Medal of Valor" means a medal or medals awarded by the Governor, in the name of the State of Oklahoma to any person, living or deceased, in recognition of extraordinary acts of valor by public safety members and other citizens whose actions display great moral strength and personal courage in the face of fear, danger or difficulty while actively engaged in public service activities.
"Oklahoma Purple Heart" means a medal or medals awarded by the Governor in the name of the State of Oklahoma, exclusively to public safety members, living or deceased, who while serving under competent authority and acting within the legal and justified scope of their position suffers life-threatening injuries or injury resulting in a loss of limb, serious body impairment, deformity, loss of life or any injury resulting in the public safety member’s service related retirement.
"Public Safety Member" means a person acting within the legal scope of duty and serving in any full time, part time, volunteer or reserve capacity as a law enforcement officer, correctional officer, firefighter, paramedic or emergency medical technician of any jurisdictional authority.
"Public Service Activity" means activities, individual actions, and any other personal act directly related to the aid of another person or persons without consideration of compensation or recognition.
595:1-19-2. Order of Precedence
(a) The Oklahoma Medal of Valor is recognized as the highest award of honor presented to a member of a public safety agency or a member of the public. Award recipients are selected by the OSAP Committee and awarded by the Governor on behalf of the State of Oklahoma.
(b) The Oklahoma Purple Heart is recognized as the second highest award of honor presented to a member of a public safety agency. Award recipients are selected by the OSAP Committee and awarded by the Governor on behalf of the State of Oklahoma.
595:1-19-3. Award Design
(a) The design of the Oklahoma Medal of Valor for meritorious service and the Oklahoma Purple Heart for serious line of duty injuries, and any authorized appurtenances proposed by the Adjutant General are obligated to be of a design that is similar in shape, size, color and design to the similar awards presented by the Armed Forces of the United States. Award designs may, at the discretion of the Committee Chair, be reviewed annually for modifications or re-designed. Award designs, and any appurtenances will be initially submitted by the Adjutant General of the State of Oklahoma to the Committee Chair.
(b) Awards may consist of a plaque, trophy, display ribbon, uniform pin, uniform medal, or certificate or proclamation individually or in combination as determined by the OSAP Committee. Award recipients may receive any number of award devices as determined by the OSAP Committee to accommodate both a suitable display device as well as a uniform display device and/or framed certificate if applicable to the recipient. The type, style, and number of award devices are at the discretion of the OSAP Committee.
595:1-19-4. Criteria for Eligibility
(a) The criteria for eligibility to receive the Oklahoma Medal of Valor for meritorious service includes any person, living or deceased, who, while performing a legal act:
(1) demonstrates an extraordinary act of valor; or
(2) demonstrates a distinct act of moral strength; or
(3) demonstrates great personal courage in the face of mortal fear, danger, or difficulty, regardless of their personal safety; and
(4) was actively engaged in public service activities.
(b) The criteria for eligibility to receive the Oklahoma Purple Heart for serious line of duty injuries includes any public safety member, living or deceased, who, while performing a legal act,
(1) suffers a life-threatening injury as determined by the OSAP Committee; or
(2) any injury resulting in a loss of limb, serious body impairment, deformity; loss of life; or
(3) any injury resulting in the public safety member’s permanent service-related retirement.
(c) Recipients may, at the discretion of the Governor and based on the recommendation of the OSAP Committee, receive more than one award for any specific act that meets the criteria for eligibility.
595:1-19-5. Criteria for proper wear of the Oklahoma Medal of Valor and the Oklahoma Purple Heart
(a) The proper uniform wear of the Oklahoma Medal of Valor and the Oklahoma Purple Heart will first be at the discretion of the recipient’s individual public safety agency.
(b) If no agency policy exists, the recipient will wear a uniform medal centered above the right breast pocket or approximate location, at least one (1) inch above the upper seam of the pocket.
(c) Uniform award ribbons will be predominately worn, centered, one-half inch above their right breast pocket or approximate location.
(d) Award medals will be worn by lanyard from the recipient’s neck depending on the award or appurtenance design at the time the medal was awarded.
(e) The Medal of Valor will be the predominately displayed award with no other medals, ribbons or awards worn above or to the right of the award.
(f) The Purple Heart will be the predominately displayed award with no other medals, ribbons, or awards worn above or to the right of the award, other than the Purple Heart.
(g) Civilian or non-uniformed recipients will wear or display the award or other appurtenances in the manner it was awarded.
595:1-19-6. Method of purchasing the Oklahoma Medal of Valor and the Oklahoma Purple Heart
(a) The procurement, cost, and acquisition of the award plaques, ribbons, devices, or other approved appurtenances will be determined by the OSAP Committee from the pool of agencies and organizations represented on the committee.
(b) The OSAP Committee may also receive funds generated from private donations made to any agency of the State of Oklahoma through the authorized gifting process in compliance with Oklahoma Statutes Title 60 O.S. § 381 et seq., for the sole purpose of purchasing awards and appurtenances approved by the Committee.
595:1-19-7. Nomination of qualifying individuals
(a) Agencies and organizations whose members are represented on the OSAP Committee and the Office of Governor of the State of Oklahoma, may store and distribute award nomination documents in written, electronic, or an internet-based application.
(b) Agencies and organizations whose members are represented on the OSAP Committee and the Office of Governor of the State of Oklahoma are authorized to receive nominations and will, within 30 calendar days, forward a copy of nominations to the Office of the Lieutenant Governor or his or her designee for documentation and review.
(c) The Lieutenant Governor, in his or her role as the OSAP Chair, may at his or her discretion, forward such award nominations directly to an Advisory Board for review and investigation prior to any review by the OSAP Committee.
595:1-19-8. Design and content of nomination form
(a) The design of the OSAP nomination form is at the discretion of the Lieutenant Governor and assigned to any agency represented by the committee for development and distribution to representative agencies and the Office of the Governor.
(b) The nomination form will contain fields for completion to include, but not be limited to:
(1) identification of which award the person is being nominated to receive;
(2) name of the individual being nominated;
(3) individual title, rank or position;
(4) contact information of the nominee if living or their surviving next of kin;
(5) organization or agency (if any);
(6) name of nominating individual and contact information;
(7) relationship of nominating individual to the nominee;
(8) a description of the specific act or acts leading to the nomination;
(9) names of any witness or witnesses to the event and contact information, if any; and
(10) a disclosure of truthfulness by the nominating person or persons.
(c) Nomination forms will be made available by each agency or organization represented on the OSAP Committee and may be distributed in written or electronic format depending on the resources available by each committee member’s agency.
595:1-19-9. Oklahoma State Award Program Advisory Board
(a) The OSAP Chair may, at his or her discretion, appoint an OSAP Advisory Board comprised of at least nine advisors representing and serving at the pleasure of the nine-member OSAP Committee. The OSAP Chair may appoint a proxy to facilitate Advisory Board activities.
(b) The OSAP Chair may, at his or her discretion, forward any nominations received by his or her office to the OSAP Advisory Board for review and validation.
(c) The OSAP Advisory Board may meet quarterly, or at the discretion of the Lieutenant Governor acting as OSAP Chair or his or her designee, as necessary, to collect and review nominations for awards.
(d) The OSAP Advisory Board is authorized to conduct meetings, document reviews, personal interviews and other activities necessary to ensure validation of award nominations.
(e) A written summary of reviews, interviews, and any other supporting documentation will be included with the nomination form prior to the nomination being forwarded to the OSAP Committee Chair for consideration.
(f) The members of the Advisory Board will serve without compensation, except that the members may be reimbursed for reasonable and necessary expenses arising from Board activities or business. Such expenses will be paid by the respective agency employing the Board member at the time the expense is incurred.
(g) No member of the Advisory Board will solicit, seek, or request individuals to submit nominations for awards. Advisory Board members may explain the program to interested individuals.
(h) The Advisory Board may secure directly from any department or agency such information as necessary and available to carry out its duties.
(i) A majority of the members of the Advisory Board will constitute a quorum to conduct business.
(j) The Advisory Board will review all nominations and provide award recommendations to the OSAP Chair no later than the last business day of March of each calendar year for acts that occurred during the previous years.
(k) Advisory Board members will maintain the confidentiality of each nominee and nomination application and reserve any information concerning the review or nomination exclusively to the members of the Advisory Board or members of the OSAP Committee.
(l) No member of the Advisory Board will withhold information or provide false or misleading information in any meeting or report that would affect the validation of the nomination in any manner.
595:1-19-10. Oklahoma State Award Program Committee decisions
(a) Award recommendations received by the OSAP Committee Chair from the Advisory Board will be presented to the OSAP Committee for review and conditional approval. Pursuant to Title 47 O.S. § 2-108.5, the OSAP Committee Chair will present to the Governor the names of recommendations as Medal recipients.
(b) Awards may be presented annually by the Governor for acts that occurred any time prior to the current calendar year.
(c) The time, place, and type of award presentation and ceremony will be at the discretion of the Governor’s Office or their designee.