Okla. Stat. tit. 75, § 75-311.2

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

Oklahoma Statutes - Title 75. Statutes and Reports Page 75

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.