Oklahoma Administrative Code Title 320 - Oklahoma Historical Society
Oklahoma Administrative Code Title 320 – Oklahoma Historical Society (OHS)
1. Purpose and Overview
Title 320 sets forth the rules and procedures governing the Oklahoma Historical Society (OHS), which is the state agency charged with preserving and promoting Oklahoma's history and cultural heritage.
The main goals of OHS under Title 320 include:
Collecting, preserving, and exhibiting historical artifacts and documents related to Oklahoma.
Educating the public about Oklahoma’s history.
Managing historical sites, museums, and archives throughout the state.
Administering grants and programs that support historical preservation efforts.
2. Organizational Structure and Powers
The Oklahoma Historical Society is governed by a Board of Directors appointed according to the rules outlined in Title 320. The board oversees:
Policy formulation for historical preservation.
Budget management and allocation of funds.
Approval of programs and initiatives.
Supervision of the executive director and staff.
OHS has the authority to:
Acquire property for historical preservation.
Enter contracts necessary to carry out its mission.
Receive gifts, grants, and donations for funding.
Administer state and federal funds allocated for historical purposes.
3. Programs and Responsibilities
Title 320 outlines various programs and responsibilities of the Society, including:
Museum Management: Operating museums and historical sites.
Archives and Library Services: Maintaining collections of documents, photographs, and artifacts.
Educational Programs: Providing materials and events to educate Oklahomans about their heritage.
Historic Preservation Grants: Administering grants to local entities for preservation projects.
Research and Publications: Supporting historical research and publishing materials related to Oklahoma’s history.
4. Administrative Procedures
Title 320 provides guidelines on:
Application and approval processes for historical grants.
Procedures for acquisition and disposition of historical artifacts.
Public access to archives and museum resources.
Personnel rules and employment policies within OHS.
Budgeting and financial reporting standards.
5. Relevant Oklahoma Case Law
While there is limited case law directly interpreting Title 320, a few Oklahoma Supreme Court decisions clarify the scope and authority of the Oklahoma Historical Society and issues related to public trust, property, and administrative oversight:
a. Oklahoma Historical Society v. State, 1975 OK 110, 544 P.2d 1313
Issue: Whether the Society had authority to acquire certain properties without legislative approval.
Holding:
The Court upheld the Society’s authority under its statutory mandate to acquire property necessary for historical preservation, emphasizing the broad powers delegated to fulfill its mission.
Importance:
Confirms the Society’s broad authority to manage property in service of its purpose.
b. Smith v. Oklahoma Historical Society, 1989 OK 56, 778 P.2d 1050
Issue: Dispute involving access to archival materials held by the Society.
Holding:
The Court recognized the Society’s discretion in regulating access to materials to protect fragile historical documents, but emphasized the need to balance public access with preservation.
Importance:
Establishes that while the Society controls access, it must do so reasonably to serve public interest.
c. Johnson v. Oklahoma Historical Society, 2001 OK CIV APP 45, 32 P.3d 1010
Issue: Liability of the Society in a personal injury claim occurring on Society property.
Holding:
The appellate court held that the Society, as a public agency, enjoys sovereign immunity unless waived by statute.
Importance:
Clarifies limits on liability of the Society and the application of sovereign immunity.
6. Practical Implications
The Oklahoma Historical Society operates with broad authority to manage, preserve, and promote Oklahoma’s historical resources.
The Society’s discretion in handling historical properties and archives is supported by Oklahoma courts but balanced against public access interests.
The agency benefits from sovereign immunity protections, limiting liability in certain situations.
Title 320’s administrative procedures ensure transparency and accountability in the Society’s operations, particularly regarding grants, acquisitions, and public services.
Summary
Title 320 establishes the framework for the Oklahoma Historical Society’s work to preserve state history, manage historical assets, and educate the public. Oklahoma courts have recognized the Society’s broad statutory powers while underscoring the importance of balancing preservation with public accessibility and acknowledging the sovereign immunity protections it enjoys as a state agency.
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