§75-311.2. Civil Service Director of the Office of Management and
409 words·~2 min read·
/ok/title-75-statutes-and-reports/75-311-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Enterprise Services – Delegation of authority to agency administrative law judge.
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 Act 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 Act 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. Added by Laws 2022, c. 243, § 26, emerg. eff. May 11, 2022.