Oklahoma Administrative Code
Title 375 - Oklahoma State Bureau of Investiation
Chapter 40 - Oklahoma Identity Theft Passport Program
Section 375:40-1-2 - Definitions

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly states otherwise.

"Application" means the State of Oklahoma Identity Theft Passport Request Victim Information Sheet.

"Bureau" means the Oklahoma State Bureau of Investigation.

"Consumer Reporting Agency", as defined in Title 15 United States Code, Section 1681 et seq., The Fair Credit Reporting Act, means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

"Eligible" means those victims of identity theft who have been (1) charged with or arrested for a criminal offense or have become the subject of an arrest warrant for a crime that was committed by the unauthorized individual or (2) those whose identities have been stolen, giving an unauthorized person or persons the potential to use the information to obtain false documents or consumer privileges.

"Fee" means a reasonable charge prescribed by the OSBI for processing applications for Identity Theft Passports.

"Identity Theft Affidavit" means a document created by the Federal Trade Commission to assist victims in reporting identity theft to one or more of the three national consumer reporting agencies and the fraud departments of their creditors, banks, or utilities/services.

"Identity Theft Report" means a report of identity theft (police report) made by the victim to a federal, state, or local law enforcement agency within the State of Oklahoma.

"Minor Child" means any person under 18 years of age.

"Nationally Recognized Credit Card" means any instrument or device, whether known as a credit card, credit plate, charge plate, or by any other name, issued with or without fee by the issuer for the use of the cardholder in obtaining goods, services, or anything else of value on credit which is accepted by over one thousand merchants in the state. The Oklahoma State Bureau of Investigation shall determine which nationally recognized credit cards will be accepted by the Bureau.

"Order of Expungement and Sealing of Records" means a certified court document issued for the purpose of expunging a criminal charge, arrest or outstanding arrest warrant created or issued as the result of identity theft pursuant to 22 Oklahoma Statutes Sections 18(9) and 19a.

"OSBI" means the Oklahoma State Bureau of Investigation.

"Passport" means the Oklahoma Identity Theft Passport Card issued to identity theft victims.

"Reasonable Cause" means the basis on which the OSBI may deny an application for an Identity Theft Passport to include, but not limited to, failure to complete the application form and/or provide any of the required documents outlined in OAC Rule 375:40-1-5 Submission of Application and Required Documentation.

"Victim" means a person whose name or other identification has been appropriated or used by another without the person's consent or authorization.

Added at 22 Ok Reg 411, eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff 6-11-05