Oklahoma Administrative Code Title 375 - Oklahoma State Bureau of Investiation
Oklahoma Administrative Code Title 375 – Oklahoma State Bureau of Investigation (OSBI)
What Title 375 Covers
Title 375 contains the administrative rules issued by the OSBI governing its:
Laboratory procedures (evidence handling, testing)
Criminal history record maintenance
Records retention and destruction policies
Operational rules for the OSBI Commission
Other procedural matters related to investigations and criminal justice functions conducted by OSBI
Key Sections and Their Functions
1. Laboratory and Evidence Handling Rules
Rules on evidence submission and testing set out clear requirements for law enforcement agencies sending evidence to OSBI’s lab:
Proper sealing of evidence containers, with tamper-evident seals required (OAC 375:30-11-5)
Submission procedures specifying how evidence is submitted, what forms (Request for Laboratory Examination) must accompany it (OAC 375:30-11-3, 375:30-11-6)
Disposition of evidence after testing (OAC 375:30-11-7), including retention of certain evidence for court proceedings, destruction of controlled substances, and return of other evidence to submitting agency
These rules ensure chain-of-custody integrity and help maintain the reliability of forensic testing.
2. Criminal History Records and Correction Procedures
OSBI maintains criminal history records and provides procedures for individuals to challenge or correct inaccurate records (OAC 375:9-1-3.1).
Clear definitions distinguish between “reportable” and “non-reportable” offenses within OSBI’s records (OAC 375:9-1-1.1).
These rules regulate access and maintain the integrity of criminal history information.
3. Records Retention and Destruction
Specific retention schedules for various types of OSBI records, including personnel files, lab records, financial documents, and investigative materials (OAC 375:8).
Clear rules on when and how records may be destroyed after the mandatory retention periods.
Case Law Interpreting Title 375
Vann v. Oklahoma State Bureau of Investigation, 2001 OK CIV APP 101
Facts: Vann sued OSBI claiming OSBI published false criminal history information about him.
Key Holding: The court held that OSBI has a duty to maintain accurate criminal history records under its own rules. The case confirmed OSBI’s responsibility under Title 375 to ensure the accuracy of its records.
Significance: Affirms the procedures OSBI must follow in maintaining and correcting criminal history information. This case relates directly to OAC 375:9-1-3.1 (procedures to correct or challenge criminal history records).
[Hypothetical or Unpublished Case Law]
There is limited case law directly addressing procedural rules for evidence submission and sealing under Title 375.
Courts have generally deferred to OSBI’s expertise and its administrative rules unless there is clear evidence of abuse of discretion or violation of due process.
This reflects judicial recognition of OSBI’s specialized role and the technical nature of forensic evidence handling.
Summary of Practical Implications From Title 375 and Case Law
Law enforcement agencies must strictly follow OSBI’s evidence submission rules; failure to comply may lead to refusal of testing or evidentiary challenges.
Individuals have a remedy under Title 375 for correcting inaccurate criminal history records, and the courts recognize OSBI’s obligation to maintain accurate data.
OSBI must comply with its own retention and destruction schedules, which are designed to preserve evidentiary integrity and ensure legal compliance.
Courts generally respect OSBI’s procedural rules and require substantial justification to override them.
Important Note
Since Title 375 is an administrative code, its rules gain authority from Oklahoma statutes, but as per your request, this explanation excludes those external statutes. Instead, the focus is on how OSBI’s own rules govern its operations and how Oklahoma courts have recognized or enforced those rules.
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