Oklahoma Administrative Code
Title 85 - State Banking Department
Chapter 1 - Required Rules
Subchapter 1 - General Provisions
Section 85:1-1-2 - Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise. Any term used in this Title but not otherwise defined in this Title shall have the meaning provided for such term in the Code, unless the context clearly indicates otherwise.

"Applicant" means a party commencing a proceeding in the form of an application, appeal, or some other request for action or review by the Board or the Commissioner; and includes the terms "plaintiff," ""appellant" and "petitioner."

"Attorney" means a licensed attorney currently admitted to practice before the Supreme Court of Oklahoma, or an attorney currently licensed to practice in another state who is granted permission to appear in a proceeding in this state. No attorney not currently licensed to practice in Oklahoma shall be permitted to appear except in association with an attorney so licensed to practice in Oklahoma, who shall also appear in the proceeding. An attorney licensed to practice in a state permitting attorneys of this state to practice before its state courts without local counsel may appear without association of local counsel.

"Board" means the Oklahoma Banking Board.

"Code" means the Oklahoma Banking Code, found at Title 6 Okla. Stat. section 101 et seq.

"Commissioner" means the Oklahoma Bank Commissioner.

"Complaint" means a notice to the Commissioner regarding an alleged violation of state or federal law committed by an institution, company, or person under the jurisdiction of the Department.

"Department" means the Oklahoma State Banking Department.

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"Intervenor" means a party not an applicant or named respondent who obtains permission to enter the proceeding. An intervenor opposing an application will thereafter be deemed a respondent.

"Order" means that which is required or ordered to be done, or not to be done, and shall be generally reserved for the requirement or directive portion of an official order or decisions of a proceeding; or the promulgation of rules, regulations, and requirements in matters in which the Board or Commissioner acts.

"Party" means a party of record, and every other party having an interest in the subject matter, and entitled to appear therein as a party of record. "Party of record" includes any party named a party in a pleading, or who makes formal appearance either in person or by an attorney at any stage of the proceeding whether or not seeking affirmative relief.

"Protestant" means a party who, upon grounds of private or public interest, resists an application or any relief sought thereby. A protestant is governed by the rules applicable to a respondent.

"Record" or "Formal record" of any proceeding shall consist of the following where offered at the hearing, whether or not received:

(A) Preliminary exhibits, including pertinent pleadings, notices and proof of publication.

(B) Transcript of proceedings at all hearings.

(C) Depositions, stipulations, interrogatories, and answers, written testimony, offers of proof, and similar matters.

(D) Exhibits, together with attachments, appendices and amendments thereto.

(E) Exceptions and motions subsequent to the hearing.

(F) Orders or recommendations of the Board or Commissioner, together with findings of fact and conclusions of law.

(G) Any other instruments or matters relevant to the issues that the Board or Commissioner may order included in the record.

"Respondent" means a party against whom relief is sought in a proceeding, or who appears in opposition to relief sought by the applicant, and includes the term "Defendant". An institution, company, or person named in a complaint shall also be considered a respondent for purposes of the complaint.

Amended at 11 Ok Reg 4171, eff 10-1-94; Amended at 15 Ok Reg 2951, eff 7-15-98; Amended at 25 Ok Reg 1057, eff 5-25-08