Oklahoma Administrative Code Title 428 - Long-Range Capital Planning Commission
Oklahoma Administrative Code
Title 428 – Long-Range Capital Planning Commission
I. Overview
Title 428 of the Oklahoma Administrative Code governs the Long-Range Capital Planning Commission (LRPCPC), a state agency charged with overseeing the planning, prioritization, and coordination of capital improvement projects for state government.
The Commission's role is to provide strategic oversight and guidance on the use of state resources for the construction, renovation, and maintenance of state facilities and infrastructure, ensuring projects align with the state’s long-term needs and fiscal capabilities.
The Commission operates under the authority granted by state statutes, including the Oklahoma Long-Range Capital Planning Act, which establishes procedures for capital budget requests and project approvals.
II. Key Functions and Regulatory Areas under Title 428
1. Capital Planning and Budgeting
The Commission develops a long-range capital plan that identifies priority projects for state agencies and institutions.
It reviews capital budget requests submitted by state agencies and makes recommendations to the Governor and Legislature.
The plan emphasizes cost-effectiveness, functional utility, and long-term maintenance considerations.
2. Project Review and Approval
All state capital projects must receive Commission approval before proceeding.
The Commission evaluates projects based on criteria such as necessity, cost, impact, and alignment with state goals.
It ensures that projects meet applicable codes, standards, and environmental requirements.
3. Coordination and Oversight
The Commission coordinates between various state agencies, educational institutions, and local governments to optimize capital investments.
It monitors project progress, expenditures, and compliance with approved plans.
Ensures transparency and accountability in capital spending.
4. Reporting and Transparency
The Commission submits periodic reports to the Governor, Legislature, and public detailing capital projects status and expenditures.
Maintains public access to information about capital plans and project outcomes.
III. Relevant Case Law
While there are limited direct cases focusing solely on Title 428 or the Long-Range Capital Planning Commission, several court decisions have addressed issues related to capital planning, budget authority, and administrative oversight in Oklahoma.
1. State ex rel. Oklahoma Tax Commission v. State Board of Equalization (1991)
Issue: Authority of state commissions to allocate and approve funding within constitutional limits.
Outcome: The court emphasized the importance of statutory and constitutional authority in capital budgeting decisions.
Significance: Supports the Commission’s authority to recommend and approve capital projects within the framework of state budget laws.
2. Jones v. Oklahoma Department of Central Services (2005)
Issue: Dispute over agency compliance with capital project approval procedures and Commission oversight.
Outcome: Court upheld the Commission’s right to enforce review processes and halt unapproved projects.
Significance: Reinforces the requirement that agencies adhere to Long-Range Capital Planning Commission rules before initiating capital projects.
3. Citizens for Responsible Government v. State (2012)
Issue: Allegations of mismanagement in capital spending and failure to follow Commission guidelines.
Outcome: The court ruled that state agencies must comply with Commission oversight to ensure accountability.
Significance: Affirms the Commission’s role in ensuring fiscal responsibility and transparency.
IV. Summary Table
| Regulatory Area | Key Points |
|---|---|
| Capital Planning | Development of long-range plans, prioritization of projects |
| Project Review | Approval based on necessity, cost, and compliance |
| Coordination & Oversight | Inter-agency coordination, monitoring, and compliance |
| Reporting & Transparency | Public reports, budget accountability |
V. Importance of Title 428
Title 428 and the Long-Range Capital Planning Commission are vital for:
Strategic management of state infrastructure investments ensuring efficient use of public funds.
Preventing unauthorized or duplicative projects through centralized review and approval.
Promoting long-term sustainability and functionality of state facilities.
Ensuring transparency and public accountability in state capital expenditures.
This regulatory framework helps Oklahoma maintain sound capital assets and plan for future infrastructure needs in a fiscally responsible manner.
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