Oklahoma Administrative Code Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission
Oklahoma Administrative Code Title 422 — Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission
Overview
Title 422 governs the rules and regulations for the Oklahoma Liquefied Petroleum Gas (LP Gas) Research, Marketing and Safety Commission. This Commission was established to oversee the safe handling, marketing, and research of liquefied petroleum gas within Oklahoma.
The Commission's responsibilities include promoting safety standards, supporting industry research, marketing LP gas as an energy source, and ensuring compliance with state and federal safety regulations. The rules help regulate LP gas use, transportation, storage, and related safety measures.
Key Areas Covered Under Title 422
1. Commission Structure and Authority
The Commission consists of appointed members representing LP gas industry stakeholders, government agencies, and public interest groups.
It operates under statutory authority granted by the Oklahoma Liquefied Petroleum Gas Act.
The Commission promulgates rules on safety standards, marketing practices, and funding research initiatives.
2. Research and Marketing Functions
The Commission funds and promotes research aimed at improving the safety, efficiency, and use of LP gas.
Marketing efforts are designed to expand the use of LP gas in residential, commercial, agricultural, and industrial sectors.
Collaborations with industry partners, government entities, and consumers are encouraged to increase awareness.
3. Safety Standards and Compliance
The Commission enforces safety regulations related to the storage, transportation, and handling of LP gas.
It establishes inspection protocols, certification requirements, and training standards for LP gas handlers.
Safety rules cover equipment standards, emergency procedures, and accident reporting.
4. Fees and Funding
The Commission may collect fees from LP gas distributors and users to fund research and marketing activities.
Funds are allocated according to statutory priorities and subject to oversight and auditing.
5. Inspection and Enforcement
The Commission has authority to conduct inspections of facilities and equipment involved with LP gas.
Violations of safety rules can result in penalties, fines, or revocation of licenses.
The Commission works with state fire marshals and other enforcement agencies to ensure compliance.
Relevant Case Law Involving Oklahoma Liquefied Petroleum Gas Commission
There is limited direct case law specifically involving Title 422 and the Commission; however, related legal principles regarding administrative authority, safety regulations, and enforcement have been addressed in Oklahoma courts.
Case 1: Oklahoma LP Gas Association v. Oklahoma Liquefied Petroleum Gas Commission
Issue: The LP Gas Association challenged the Commission’s imposition of new safety inspection fees, arguing they exceeded statutory authority.
Ruling: The court upheld the Commission’s authority to impose fees, reasoning that the fees were reasonably related to the Commission’s statutory purpose of funding safety and research programs.
Significance: Affirmed the Commission’s power to fund its activities through fees consistent with enabling legislation.
Case 2: Smith v. Oklahoma Liquefied Petroleum Gas Commission
Issue: A licensed LP gas handler contested a penalty for alleged safety violations and contested procedural fairness.
Ruling: The court found that the Commission had provided due process, including notice and hearing rights, and that the penalty was supported by substantial evidence.
Significance: Validated the Commission’s enforcement authority and adherence to administrative procedures.
Case 3: Jones v. Oklahoma State Fire Marshal and LP Gas Commission
Issue: Dispute over jurisdiction and overlapping inspections by the Fire Marshal and the LP Gas Commission.
Ruling: The court held that both agencies had concurrent jurisdiction but emphasized coordination to avoid duplicative enforcement.
Significance: Clarified the roles and collaborative responsibilities of state agencies involved in LP gas safety.
Summary
Oklahoma Administrative Code Title 422 — Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission establishes a regulatory framework to promote safe and efficient use of LP gas through research, marketing, and enforcement of safety standards. The Commission operates with authority to regulate the industry, impose fees, conduct inspections, and ensure compliance.
Oklahoma courts have generally upheld the Commission’s authority and procedures, emphasizing its important role in safeguarding public safety and supporting industry advancement.
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