Oklahoma Administrative Code
Title 85 - State Banking Department
Chapter 25 - Savings and Loan Associations
Subchapter 1 - Procedural Rules and Definitions
Section 85:25-1-2 - Definitions and references to statutes
Current through Vol. 41, No. 13, March 15, 2024
As used in this Chapter, reference to all definitions set forth in the Code are hereby adopted as definitions applicable to this Chapter. The following words and terms when used in this Chapter shall have the following meaning, except where the context clearly indicates otherwise:
"Administrative Procedures Act" means Title 75, Chapter 8, Section 301 to 325, Oklahoma Statutes Annotated, as the same now exists or may be amended.
"Applicant" means a party commencing a proceeding either in the form of an Application or Complaint; and includes the terms "plaintiff", "complainant" and "petitioner".
"Association" means a savings and loan association and shall be understood to also include savings banks.
"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 who is 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" and "Commissioner" means respectively the Oklahoma State Savings and Loan Board and the Oklahoma Bank Commissioner, who presides as Chairman of the Board.
"The Code" means the Oklahoma Savings and Loan Code of 1970, 18 O.S. § 381.1, et seq. as has been amended or may hereafter be amended.
"Department" means the Oklahoma State Banking Department.
"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 any other party deemed by the Commissioner to have 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, after being deemed interested by the Commissioner, 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" means any proceeding which shall consist of:
(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) The Board or Commissioner may order included in the record any other instruments or matters relevant to issues.
"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".
Transferred from 625:1-1-2 (see Editor's Note at beginning of this Chapter)
