Okla. Stat. tit. 56, § 56-236
This is the official text of Okla. Stat. tit. 56, § 56-236, part of Oklahoma’s Stat. tit. 56, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 56,." Browse the sections below, each linked to its official government source.
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Legal division or unit - Contracts for private legal
Official statutory text
counsel.
A. The Commission for Human Services shall establish or provide
for a legal division or unit in the Department of Human Services.
The Director of the Department of Human Services shall employ
attorneys as needed, which may be on full-time and part-time basis.
Such attorneys, in addition to advising the Commission, Director and
Department personnel on legal matters, may appear for and represent
the Commission, Director and Department in legal actions and
proceedings. Provided, that it shall continue to be the duty of the
Oklahoma Statutes - Title 56. Poor Persons Page 122
Attorney General to give his official opinion to the Commission,
Director or Department, and to prosecute and defend actions
therefor, if requested to do so. The Attorney General may levy and
collect costs, expenses of litigation and a reasonable attorney's
fee for such legal services from the Commission. Provided, however
the charges which the Attorney General is authorized to levy and
collect shall only include those costs and charges which exceed the
costs associated with the salary and benefits of one attorney FTE
position per fiscal year.
B. The Commission shall not contract for representation by
private legal counsel unless approved by the Attorney General. Such
contract for private legal counsel shall be in the best interests of
the state.
C. The Attorney General shall be notified by the Commission or
its counsel of all lawsuits against the Commission, its officers or
employees that seek injunctive relief which would impose obligations
requiring the expenditure of funds in excess of unencumbered monies
in the agency's appropriations or beyond the current fiscal year.
The Attorney General shall review any such cases and may represent
the interests of the state, if he considers it to be in the best
interest of the state to do so, in which case he shall be paid as
provided in subsection A of this section. Representation of
multiple defendants in such actions may, at the discretion of the
Attorney General, be divided with counsel for the Commission as
necessary to avoid conflicts of interest.
A. The Commission for Human Services shall establish or provide
for a legal division or unit in the Department of Human Services.
The Director of the Department of Human Services shall employ
attorneys as needed, which may be on full-time and part-time basis.
Such attorneys, in addition to advising the Commission, Director and
Department personnel on legal matters, may appear for and represent
the Commission, Director and Department in legal actions and
proceedings. Provided, that it shall continue to be the duty of the
Oklahoma Statutes - Title 56. Poor Persons Page 122
Attorney General to give his official opinion to the Commission,
Director or Department, and to prosecute and defend actions
therefor, if requested to do so. The Attorney General may levy and
collect costs, expenses of litigation and a reasonable attorney's
fee for such legal services from the Commission. Provided, however
the charges which the Attorney General is authorized to levy and
collect shall only include those costs and charges which exceed the
costs associated with the salary and benefits of one attorney FTE
position per fiscal year.
B. The Commission shall not contract for representation by
private legal counsel unless approved by the Attorney General. Such
contract for private legal counsel shall be in the best interests of
the state.
C. The Attorney General shall be notified by the Commission or
its counsel of all lawsuits against the Commission, its officers or
employees that seek injunctive relief which would impose obligations
requiring the expenditure of funds in excess of unencumbered monies
in the agency's appropriations or beyond the current fiscal year.
The Attorney General shall review any such cases and may represent
the interests of the state, if he considers it to be in the best
interest of the state to do so, in which case he shall be paid as
provided in subsection A of this section. Representation of
multiple defendants in such actions may, at the discretion of the
Attorney General, be divided with counsel for the Commission as
necessary to avoid conflicts of interest.
Status: in_force · Read it on the official government site
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