Oklahoma § 59-15.5 - Quorum - Seal - Records - Staff - Expenditures - Rules

§ 59-15.5. Quorum - Seal - Records - Staff - Expenditures - Rules

and regulations – Delegation of authority.

A. The Oklahoma Accountancy Board shall be responsible for the

administration and enforcement of the Oklahoma Accountancy Act. A

majority of the Board shall constitute a quorum for the transaction

of business.

B. In addition to the other duties imposed on the Board by law,

the Board shall:

1. Have a seal that shall be judicially noticed and shall be

affixed to all certificates and licenses, and such other documents

as the Board deems appropriate;

2. Keep correct records of all official proceedings including

minutes of meetings, applications and related documents of

applicants, registry of the names and addresses of registrants,

official documents filed in any hearings conducted by the Board and

in any proceeding in any court arising out of any provision of the

Oklahoma Accountancy Act or the rules and regulations adopted by the

Board. Copies of said records certified by the secretary under the

seal of the Board shall, if material, be admissible in evidence;

Oklahoma Statutes - Title 59. Professions and Occupations

3. Employ such executive staff as may be necessary to implement

and administer the Oklahoma Accountancy Act, to fix and pay their

salaries or fees. Such executive staff shall include an Executive

Director, Deputy Director and legal counsel. The Board shall have

the authority to employ other staff and contract with or hire

special prosecutors, investigators, expert witnesses, hearing

examiners and clerical personnel in furtherance of its duties under

the Oklahoma Accountancy Act;

4. Lease office space and pay the rent thereon, purchase office

equipment and supplies, and make such other expenditures as are

necessary for the administration and enforcement of the provisions

of the Oklahoma Accountancy Act;

5. Pay the costs of such research programs in accounting and

other subjects as in the determination of the Board would be

beneficial to registrants; and

6. Adopt rules and regulations for the implementation of the

provisions of the Oklahoma Accountancy Act in accordance with the

procedures prescribed in the Administrative Procedures Act.

C. The Board may delegate to the executive director the

authority to employ other staff and clerical personnel.

Added by Laws 1965, c. 188, § 5, emerg. eff. June 8, 1965. Amended

by Laws 1968, c. 271, § 3, emerg. eff. April 30, 1968; Laws 1986, c.

79, § 4, eff. July 1, 1986; Laws 1992, c. 272, § 6, eff. Sept. 1,

1992; Laws 2004, c. 125, § 5, eff. Nov. 1, 2004; Laws 2009, c. 45, §

2, emerg. eff. April 14, 2009.

§59-15.6A. Confidentiality of investigations - Use as evidence –

Disclosure of information.

A. The Oklahoma Accountancy Board, its employees, independent

contractors, appointed committee members or other agents shall keep

confidential all information obtained during an investigation into

allegations of violations of the Oklahoma Accountancy Act, including

any review or investigation made to determine whether to allow an

applicant to take an examination, or whether the Board shall grant a

certificate, license, or permit. All information obtained in the

course of conducting a peer review, including peer review reports

provided to the Board by a registrant, examinations and test scores

shall also be held confidential by the Board, its employees and

independent contractors.

B. To ensure the confidentiality of such information for the

protection of the affected individual or entity, the information

obtained shall not be deemed to be a “record” as that term is

defined in the Oklahoma Open Records Act.

C. Rules adopted to implement the provisions of this subsection

shall assure the privacy of the information obtained. Such rules

shall include but not be limited to:

Oklahoma Statutes - Title 59. Professions and Occupations

1. Assuring availability of the information for inspection by

the individual or entity affected or their designated

representatives during the normal business hours of the Board;

2. A method for obtaining a written release for the affected

individual or entity to allow inspection of their confidential

records to the public at large; and

3. A method for making available to the public all final

written orders of the Board concerning an individual or entity.

D. Information obtained by the Board or any of its agents as

set out in subsection A of this section shall be considered

competent evidence in a court of competent jurisdiction only in

matters directly related to actions of the Board and the affected

individual or entity as a result of the Board obtaining the

information. Such information shall not be admissible as evidence

in any other type of civil or criminal action.

E. The Board may disclose information concerning investigations

into allegations of violations of the Oklahoma Accountancy Act under

this section to another governmental, regulatory, or law enforcement

agency engaged in an enforcement action. The provisions of this

subsection shall not apply to information concerning whether to

allow an applicant to take an examination, peer review or test

scores.

Added by Laws 1992, c. 272, § 7, eff. Sept. 1, 1992. Amended by

Laws 2002, c. 312, § 4, eff. Nov. 1, 2002; Laws 2004, c. 125, § 6,

eff. Nov. 1, 2004; Laws 2009, c. 45, § 3, emerg. eff. April 14,

2009.