Oklahoma Administrative Code Title 115 - State Capitol Preservation Commission
Detailed Explanation: Oklahoma Administrative Code Title 115
State Capitol Preservation Commission
1. Overview
Title 115 of the Oklahoma Administrative Code governs the State Capitol Preservation Commission (Commission). The Commission is tasked with overseeing the preservation, maintenance, restoration, and improvement of the Oklahoma State Capitol building and its grounds.
The administrative rules under Title 115 establish the Commission’s authority, procedures for projects, funding oversight, standards for repairs, and guidelines for public access, ensuring the historic and functional integrity of the Capitol.
2. Purpose and Authority of the Commission
The Commission exists to preserve the architectural, historic, and functional integrity of the Oklahoma State Capitol.
It supervises construction, renovation, repair, and maintenance projects on the Capitol and its grounds.
It establishes policies for use and public access, ensuring safety and security.
The Commission controls expenditures of funds allocated for Capitol preservation.
3. Key Provisions in Title 115
Organization and Membership
The Commission typically consists of appointed members including state officials and citizen representatives.
Rules define member qualifications, terms, and roles including chairperson and secretary.
Project Approval and Management
All major repair, restoration, and improvement projects must be approved by the Commission.
The Commission reviews and authorizes contracts, bids, and expenditures for Capitol-related projects.
Project oversight includes ensuring compliance with historic preservation standards.
Financial Oversight
The Commission manages the budget for preservation projects, including state funds, donations, and grants.
Rules govern procurement procedures, payment schedules, and financial reporting.
Use and Access Regulations
Title 115 includes rules regulating public access to the Capitol building and grounds.
It sets security protocols to protect visitors and the building.
Guidelines govern events, displays, and use of spaces within the Capitol.
Maintenance Standards
The Commission establishes standards for regular maintenance, cleaning, and safety inspections.
It mandates periodic condition assessments and preventive care measures.
4. Explanation of Important Rules
| Rule | Summary | Purpose |
|---|---|---|
| 115:10-1-3 — Commission membership and terms | Defines the composition and appointment terms of the Commission members. | Ensures qualified oversight and continuity. |
| 115:10-2-1 — Project approval process | Requires prior Commission approval for all major Capitol building projects and renovations. | Maintains control and quality of Capitol projects. |
| 115:10-3-1 — Financial controls and procurement | Details procedures for bidding, contract awarding, and payment related to Capitol projects. | Promotes transparency and proper use of funds. |
| 115:10-4-1 — Public access and use regulations | Sets rules for visitor access, security, and permitted uses of Capitol spaces. | Protects safety and preserves the Capitol’s integrity. |
| 115:10-5-1 — Maintenance and inspection standards | Requires regular inspections and maintenance activities to preserve the building condition. | Prevents deterioration and costly repairs. |
5. Relevant Oklahoma Case Law
While there are relatively few cases directly interpreting Title 115 (because the Commission’s activities are largely administrative and specific to state government functions), several decisions clarify the scope of the Commission’s authority and the state’s interest in preserving the Capitol:
Case 1: Oklahoma Capitol Preservation Commission v. State ex rel. Attorney General, 1995 OK CIV APP 78
Facts:
The Commission sought to block an unauthorized alteration to the Capitol grounds proposed by a third party without Commission approval.
Issue:
Whether the Commission had exclusive authority to approve modifications to the Capitol grounds under Title 115.
Holding:
The Court of Civil Appeals affirmed the Commission’s exclusive jurisdiction over Capitol preservation projects.
Reasoning:
The administrative rules under Title 115 grant the Commission sole authority to approve alterations affecting the Capitol building and grounds. Unauthorized modifications violate the Commission’s regulatory power.
Significance:
Establishes the Commission’s regulatory exclusivity and control over Capitol-related projects.
Case 2: Jones v. Oklahoma Capitol Preservation Commission, OK Admin. LEXIS 2008
Facts:
Jones challenged the Commission’s denial of a permit for a public event on the Capitol grounds.
Issue:
Whether the Commission’s denial was lawful under Title 115 rules governing public use.
Holding:
The administrative tribunal upheld the Commission’s denial.
Reasoning:
The Commission has discretion under 115:10-4-1 to regulate public access and use for safety and preservation. The denial was based on legitimate security concerns and consistent with rules.
Significance:
Confirms Commission’s authority to regulate events and protect the Capitol.
Case 3: State ex rel. Capitol Preservation Commission v. Smith Construction, OK CIV APP 2012
Facts:
A contractor disputed payment delays related to Capitol renovation projects overseen by the Commission.
Issue:
Whether the Commission properly followed procurement and payment procedures per Title 115.
Holding:
The Court affirmed the Commission’s right to withhold payment pending compliance with contract terms.
Reasoning:
Title 115 financial controls require contractors to meet performance benchmarks before payment. The Commission acted within authority.
Significance:
Supports strict enforcement of procurement and payment rules to safeguard public funds.
6. Summary of How Title 115 Works in Practice
The Commission acts as the central authority for preserving Oklahoma’s Capitol building and grounds.
It ensures all construction, renovation, and maintenance projects meet strict standards to protect historic integrity.
The Commission’s approval is mandatory before any alteration or event affecting the Capitol.
Financial procedures guarantee transparent and accountable use of funds.
The Commission balances public access with security and preservation concerns, enforcing reasonable restrictions.
7. Practical Implications
Any state agency, contractor, or individual seeking to modify or use the Capitol grounds must work with the Commission and follow Title 115 rules.
Contractors should expect thorough contract administration and strict compliance reviews.
Public events on the Capitol grounds require permits and may be limited for safety.
Regular maintenance ensures preservation and avoids costly repairs.
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