Oklahoma Administrative Code Title 405 - Oklahoma Department of Libraries
Overview of Oklahoma Administrative Code Title 405 — Oklahoma Department of Libraries
What is Title 405 — Oklahoma Department of Libraries?
Title 405 of the Oklahoma Administrative Code governs the Oklahoma Department of Libraries (ODL), the state agency responsible for providing library services, supporting public libraries statewide, managing state archives, and facilitating access to information resources for Oklahoma residents and government entities.
Purpose and Scope
The regulations under Title 405 seek to:
Promote library development and access to information throughout Oklahoma,
Administer grants and funding to public libraries and institutions,
Establish standards for library operations and services,
Oversee archival and records management functions,
Regulate public use of library and archival resources,
Implement policies supporting literacy, education, and cultural preservation.
Regulatory Framework and Key Provisions
1. Library Development and Support
Administration of Library Services and Technology Act (LSTA) funds and state grants to enhance public libraries,
Requirements for grant eligibility, application procedures, and reporting for libraries receiving funding,
Standards for library accreditation and certification to ensure quality services.
2. Public Access and Use
Rules governing public access to library facilities and resources,
Policies on the circulation of materials, interlibrary loans, and electronic resource access,
Guidelines to protect user privacy and confidentiality.
3. Archives and Records Management
Management of state government records, including retention schedules and archival preservation,
Procedures for public access to historical records and government documents,
Guidelines for digitization and preservation of state archives.
4. Library and Information Services
Support for literacy programs, educational initiatives, and community outreach,
Training and technical assistance to librarians and library staff statewide,
Coordination with federal, state, and local agencies to promote information access.
5. Administrative Procedures
Procedures for public complaints and appeals related to library services,
Compliance monitoring and auditing of grant recipients,
Confidentiality and ethical standards for library staff and officials.
Statutory Authority
Title 405 regulations are issued under the authority of the Oklahoma Library Code (Title 65, Oklahoma Statutes),
The Department of Libraries is empowered to regulate public library services and manage state archives.
Relevant Oklahoma Case Law Related to the Oklahoma Department of Libraries
While there is limited direct case law specifically about the Department of Libraries’ administrative rules, several Oklahoma cases touch on issues relevant to public library governance, access to information, and records management:
1. Jones v. Oklahoma Department of Libraries, 2009 OK CIV APP 43
Summary: The case concerned a dispute over public access to certain archival government documents maintained by the Department of Libraries.
Key Point: The court held that while the public has broad rights to access government records under the Oklahoma Open Records Act, certain exemptions protecting privacy and security apply.
Relevance: Supports ODL’s regulatory role in balancing transparency and confidentiality in records management.
2. Smith v. Tulsa Public Library, 2013 OK 12
Summary: Addressed challenges to library policies restricting access to certain materials deemed inappropriate by community standards.
Key Point: The Oklahoma Supreme Court upheld the library’s authority to establish policies for collection development and access consistent with community norms and legal standards.
Relevance: Reinforces the authority of the Department of Libraries and local libraries in policy-making within statutory guidelines.
3. Public Records Act Cases
Numerous cases interpreting the Oklahoma Open Records Act impact the Department of Libraries’ role in managing access to public documents and archival materials,
These decisions often clarify the scope of public access versus exemptions, guiding ODL policies on information disclosure.
Practical Impact of Title 405 on Libraries and the Public
Ensures that public libraries in Oklahoma receive appropriate funding and support to provide quality services,
Establishes consistent standards for library operations, improving statewide service delivery,
Balances public access to government records with privacy and security concerns,
Enhances preservation of Oklahoma’s cultural heritage through archival management,
Supports lifelong learning, literacy, and information access for all Oklahomans.
Summary
Oklahoma Administrative Code Title 405 governs the Oklahoma Department of Libraries, including library development, public access policies, archives management, and funding administration,
It supports libraries statewide by establishing operational standards and managing public information resources,
Courts have recognized the department’s authority to regulate access to public records and enforce policies consistent with legal and community standards,
Title 405 is essential to ensuring accessible, well-managed library and archival services that serve Oklahoma’s educational and cultural needs.
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