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§ 311.2. Civil Service Director of the Office of Management and Enterprise Services--Delegation...

Oklahoma Statutes AnnotatedTitle 75. Statutes and ReportsEffective: May 11, 2022

Oklahoma Statutes Annotated
Title 75. Statutes and Reports (Refs & Annos)
Chapter 8. Administrative Procedures Act (Refs & Annos)
Effective: May 11, 2022
75 Okl.St.Ann. § 311.2
§ 311.2. Civil Service Director of the Office of Management and Enterprise Services--Delegation of authority to agency administrative law judge
Currentness
A. The Civil Service Director of the Office of Management and Enterprise Services may delegate the authority to issue a final agency order adverse to a party to an agency administrative law judge if:
1. The administrative law judge has a general knowledge of the Civil Service and Human Capital Modernization Act1 and rules promulgated thereto;
2. The administrative law judge:
a. is currently licensed to practice law by the Supreme Court of this state,
b. has a working knowledge of the Administrative Procedures Act2 and administrative rules of the Office of Management and Enterprise Services,
c. is not an owner, stockholder, employee, or officer of, nor has any other business relationship with, any corporation, partnership, or other business or entity that is subject to regulation by the Office of Management and Enterprise Services,
d. is separate and apart from the legal division or office of general counsel of the Office of Management and Enterprise Services,
e. is not responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for the Office of Management and Enterprise Services, and
f. has not been engaged in the performance of investigative or prosecuting functions for the Office of Management and Enterprise Services regarding the party receiving the final agency order; and
3. The Civil Service Director in delegating the authority to issue final agency orders adverse to a party pursuant to this section specifically designates by written agency policy and procedure the type or category of final agency order which may be issued by the administrative law judge.
B. The provisions of this section shall not be construed to authorize or allow restraints on the authority of the Civil Service Director to adopt, reject, review, modify, or correct the findings of fact and conclusions of law or any proposed order issued by the administrative law judge.
C. When the administrative law judge issues a final agency order, that order becomes the final order of the Office of Management and Enterprise Services, Civil Service Division without further proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of Title 75 of the Oklahoma Statutes or a filing for judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.

Credits

Laws 2022, c. 243, § 26, emerg. eff. May 11, 2022.

Footnotes

1
Title 62, § 34.301.
2
Title 75, § 250 et seq.
75 Okl. St. Ann. § 311.2, OK ST T. 75 § 311.2
Current with legislation of the First Regular Session of the 59th Legislature (2023) and the First Extraordinary Session of the 59th Legislature (2023). Some sections may be more current, see credits for details.
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