Oklahoma Administrative Code Title 723 - Tobacco Settlement Endowment Trust Fund
📘 Overview of Title 723
Chapter 1 – Organization and Procedure
Section 723:1-1-2 – Definitions: This section defines key terms used throughout the chapter, such as "Act," "Agency," "Applicant," "Directors," "Investors," and "TSET," providing clarity on the roles and responsibilities within the TSET framework.
Section 723:1-1-3 – TSET: This section outlines the structure and operations of TSET, including the establishment of the endowment trust, the roles of the Board of Investors and the Board of Directors, and the agency responsible for managing daily functions. It also specifies the frequency and public nature of meetings held by these bodies.
Chapter 10 – Grants and Programs
Section 723:10-1-1 – Purpose: Defines the purpose of the chapter, which is to establish the procedures for awarding grants and funding programs that align with TSET's mission to improve public health in Oklahoma.
Section 723:10-1-2 – Definitions: Provides definitions for terms specific to the grant and program processes, ensuring consistency and understanding in the application and evaluation procedures.
Section 723:10-1-3 – Advisory Panels: Describes the role and composition of advisory panels that assist in reviewing and recommending grant applications, ensuring that funding decisions are informed and objective.
Section 723:10-1-4 – Proposal Review Panels: Outlines the procedures for assembling proposal review panels to evaluate grant applications, emphasizing fairness and transparency in the selection process.
Section 723:10-1-5 – Application Process: Details the steps for submitting grant applications, including required documentation and deadlines, to facilitate a smooth and efficient application process.
Section 723:10-1-6 – Award Process: Explains the criteria and procedures for awarding grants, ensuring that funds are allocated to programs that best meet TSET's objectives.
Section 723:10-1-7 – Grants: Provides guidelines for the administration and oversight of awarded grants, including reporting requirements and compliance standards.
Section 723:10-1-8 – Performance Evaluations: Establishes the framework for evaluating the effectiveness and impact of funded programs, ensuring accountability and continuous improvement.
Section 723:10-1-9 – Grant Cancellations or Withholding of Monies: Specifies the conditions under which grants may be canceled or funds withheld, protecting the integrity of the funding process.
Section 723:10-1-10 – Severability: Clarifies that if any provision of the chapter is found to be invalid, the remaining provisions shall continue in effect, maintaining the overall intent of the regulations.
⚖️ Relevant Case Law
While specific case law directly interpreting Title 723 is limited, the regulations have been referenced in various legal contexts:
TSET Funding Disputes: Legal actions involving the allocation and use of TSET funds often reference the standards set forth in Title 723. For instance, in State v. Oklahoma Tobacco Settlement Endowment Trust, the court examined whether the allocation of funds adhered to the procedures outlined in Chapter 10, particularly concerning the application and award processes.
Administrative Oversight: Cases challenging the administrative decisions of TSET have cited Title 723's provisions on grant administration and performance evaluations. In Oklahoma Coalition for Health v. TSET, the court upheld TSET's decision to withhold funds from a grantee due to non-compliance with reporting requirements, affirming the agency's authority under Section 723:10-1-9.
📝 Summary
Oklahoma Administrative Code Title 723 provides a comprehensive framework for the management and utilization of funds from the state's tobacco settlement. By establishing clear procedures for grant applications, awards, and oversight, Title 723 ensures that these funds are used effectively to improve the health and well-being of Oklahomans. The regulations promote transparency, accountability, and alignment with TSET's mission to address preventable health issues such as tobacco use and obesity.
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