Chapter 8: Legal Rights and Legal Assistance Resources
Section 1: Disability Laws and Complaint Procedures
Subsection C: Oklahoma State Laws
Oklahoma Continuum of Care and Assisted Living
Email: [email protected]
Title 63, Section 1-890.1 and following
Establishes licensure requirements for assisted living and continuum of care facilities.
Voice:
Fax:
Oklahoma Defective Assistive Device Act ("Lemon Law")
Title 15, Section 910 and following
This law requires manufacturers of assistive devices for persons with disabilities to provide a one-year warranty for their products, and it spells out when manufacturers must repair, replace or refund defective adaptive equipment. The law also provides some protection for people who lease assistive devices. https://law.justia.com/codes/oklahoma/2020/title-15/section-15-910-1/
For information contact:
Oklahoma ABLE Tech
1514 W. Hall of Fame
Stillwater, OK 74078
800-257-1705 Voice and TTY
405-744-9748 Voice
[email protected]
Oklahoma Discriminatory Housing Practices
Title 25, Section 1452 (#13 and #14)
13. To refuse to rent or lease housing to a blind, deaf, or handicapped person on the basis of the person's use or possession of a bona fide, properly trained guide, signal, or service dog.
14. To demand the payment of an additional nonrefundable fee or an unreasonable deposit for rent from a blind, deaf, or handicapped person for such dog. Such blind, deaf, or handicapped person may be liable for any damage done to the dwelling by such dog.
Oklahoma Discriminatory Practice
Title 25, Section 1402
It is a discriminatory practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a "place of public accommodation" because of race, color, religion, sex, national origin, age, or disability.
Oklahoma Group Homes for the Developmentally Disabled or Physically Handicapped
Title 10, Section 1430.1 and following
Provides for licensure and inspection of group homes and defines resident rights.
Oklahoma Handicapped Parking
Title 47, Section 15-111
A. Municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles shall extend special parking privileges to a physically disabled person who displays on a motor vehicle operated by or under the direction and for the use of the physically disabled person:
1. A placard indicating physical disability, issued pursuant to the provisions of Section 15-112 of this title;
2. A physically disabled license plate, issued pursuant to the provisions of Section 1135.1 of this title;
3. A disabled veterans license plate with the international accessibility symbol, issued pursuant to the provisions of Section 1135.2 of this title;
4. A disability sticker issued by the Department of Veterans Affairs and federal military bases; or
5. A physically disabled placard or license plate issued by another state.
B. No such special parking privilege, however, shall excuse the violation of any state statute, nor shall any such privilege be applicable where the standing or parking would create a dangerous situation or impede the normal flow of traffic.
C. Municipalities and political subdivisions of the state with authority to regulate the standing or parking of vehicles shall follow the current version of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) when designing or redesigning disabled parking spaces.
https://law.justia.com/codes/oklahoma/2021/title-47/section-47-15-111/
Voice:
Oklahoma Hate Crimes
Provides extra penalties for crimes against persons or property where such crimes are committed with malicious intent to intimidate or harass a person because of race, color, religion, ancestry, national origin or disability. A year 2000 amendment to this law prohibits the touching of any assistive device with malicious intent to intimidate or harass. Assistive devices are items that help a person with a disability to see, hear, communicate or maneuver.
Oklahoma Identification License
Oklahoma Identification License Title 47, Section 6-105.3.
This law creates the official Oklahoma Identification License which can be used as an official ID by citizens who are not licensed to drive vehicles. The legislation was initially requested by state organizations of the blind to provide identification required for check writing, business transactions and various activities of daily life. Rules and application procedures are set by the Oklahoma Department of Public Safety (DPS).
First time applicants must go to drivers' examination sites and present original identification documents (birth certificate and Social Security card, plus marriage certificate if name has changed; military ID).
To find the location of a drivers' exam site, contact DPS, highway patrol offices, sheriff or police offices, or tag agents or follow this link to the Oklahoma Department of Public Safety site exam location webpage, www.dps.state.ok.us/dls/pub/DLES.pdf. After the ID application is approved, the applicant must go to a tag agent where the picture ID is made. In some smaller communities, exam and tag agent offices are co-located.
The ID is $10. Manner of payment acceptable varies among tag agents, so an advance call to the tag agency may prove helpful. One-stop ID renewal is available at tag agencies.
Oklahoma Interpreters for the Deaf Act
Title 63, Section 2409 and following.
Establishes requirements for provision of sign language interpreters in administrative, criminal and civil proceedings where a deaf person is a witness, complainant or defendant. Also requires state agencies to provide interpreters in situations where a deaf or hard of hearing person is an applicant, complainant or witness in any agency proceeding.
Information on Interpreter Services, certification, fees and legal provisions is available from Services to the Deaf and Hard of Hearing, Department of Rehabilitation Services, 405-522-7930 or 800-833-8973, both TTY and Voice.
Oklahoma Persons with Severe Disabilities Employment Program
Title 74, Section 840, Subsection 4.12
This program allows applicants with severe disabilities to waive written Merit tests so long as they meet basic education and experience qualifications for state jobs. The law also provides that state agencies may choose to hire these applicants regardless of whether their names appear on registers of qualified Merit System applicants maintained by OPM.
Oklahoma Protective Services for Vulnerable Adults Act
Title 43A, Section 10-101 and following
These laws establish intervention and assistance for vulnerable adults in cases of abuse, neglect and exploitation. They also set requirements for reporting suspected cases of abuse, neglect and exploitation.
Oklahoma Public Conveyances and Public Accommodations
Title 7, Section 19.1
Provides that any blind, physically handicapped, deaf or hard of hearing person who is a passenger on any public conveyance shall be entitled to have with him or her a guide, signal or service dog specially trained for that purpose, without having to pay any added charge. Dog trainers from recognized assistance dog training facilities may also use public conveyances (transportation) with dogs in training.
Individuals using guide, signal or service dogs and trainers from recognized training centers with dogs in training may not be denied admittance to or refused access to public places. These include, but are not limited to, streets, sidewalks, transportation vehicles, places of lodging, government buildings, college dorms, educational facilities, restaurants, stores, entertainment and recreation facilities or other places where the public is invited. No added fee may be charged to a person for bringing his or her guide, signal or service dog into a public place, but the owner or trainer will be liable for any damages the animal does to the premises.
Oklahoma Refueling Assistance
Title 47, Section 1601 and following
The Oklahoma Mobility-Impaired Driver Refueling Service Act provides that any service station may on a voluntary basis participate in the refueling service program and on request offer refueling assistance to a mobility-impaired driver who displays a refueling ID card. The Department of Public Safety (DPS) issues the ID cards and writes the rules for the program. Contact DPS at:
Department of Public Safety
3600 North Martin Luther King Ave
Oklahoma City, OK
405-425-2424 DPS Main Information Line
Service stations that choose to participate must post signs notifying the public of the refueling assistance they offer. A list of participating service stations may be requested from DPS.
Under this state law participation in the refueling assistance program is strictly voluntary and no service station is required to offer refueling assistance. However, gasoline service stations are public accommodations that are also subject to Title III of the Americans with Disabilities Act (ADA) Title III requires newly constructed and altered public accommodations (such as gas stations) to be accessible to persons with disabilities. By contrast, existing facilities must remove architectural barriers only when removal can be done easily, without great difficulty or expense. When an existing gasoline station cannot easily make its self-service pumps accessible, it must use alternate methods of providing disabled individuals with equal access to its goods and services. Provision of refueling assistance is the principle alternate method used by service stations. Stations cannot charge extra for the refueling help, and they cannot require a person to prove a disability. In certain situations alternate methods such as refueling help are not required because of security considerations (e.g. only one employee on duty).
Oklahoma State Use Act
Title 74, Section 3001 and following
The State Use Program is a self-supporting program that manages the contracts of vendors that provide employment for persons with disabilities. The employment opportunities reduce the need for state and federal funding (average of $2700 per individual).
Oklahoma State Work Incentive Program
Title 74, Section 840, Subsection 5.16
Under this law, Oklahoma state agencies may hire TANF (welfare) recipients and Department of Rehabilitation Services (DRS) clients for temporary positions up to 2 years without having to count these positions against their legislatively set limits on positions (FTEs).
Oklahoma Telecommunications for the Deaf and Hard of Hearing Act
Title 63, Section 2416 and following
Establishes a five-cent telephone bill surcharge to pay for telephone accessibility equipment for people with hearing and speech disabilities and to fund some other specialized equipment and services for people who are deaf, hard of hearing, speech impaired and deaf-blind. The program is administered by the Oklahoma Department of Rehabilitation Services.
Oklahoma Voter Assistance
Title 26, Section 7-123.1 and 123.3
Blind and disabled individuals who need assistance in voting can take a person of their choice into the voting area or enclosure to provide needed assistance. When a voter cannot enter a polling place because of a disability, two precinct election board members from different political parties shall give the voter the assistance needed for voting.
Oklahoma White Cane Law
Title 7, Section 12
This law was enacted to improve pedestrian travel safety for persons who are blind, visually impaired or those with other disabilities who use signal (for the deaf) or service (assistance) dogs. It requires drivers to come to a full stop no closer than 15 feet from a person with a disability who is in a roadway or crossing an intersection. The person must be using a white cane or dog guide. Violations of the law are misdemeanors punishable by a fine up to $100 and/or up to 3 months in jail.