Oklahoma § 6-201 - Establishment - Officers and employees

§ 6-201. Establishment - Officers and employees

A. There shall be a Banking Department, with a main office

located at 2900 North Lincoln Boulevard, Oklahoma City, Oklahoma,

which shall be a separate department of the state government charged

with supervision of the activities in this state as provided in the

Oklahoma Banking Code of 1997 and in other legislation conferring

jurisdiction upon the Department.

B. The head of the Department shall be the Commissioner. The

Commissioner shall be appointed by the Governor with the advice and

consent of the Senate. The Commissioner shall have been a qualified

elector of the state for at least three (3) years prior to the

appointment, shall be at least thirty-five (35) years old and shall

have had ten (10) years' experience as a bank officer or employee,

or five (5) years' experience as a bank president or managing

officer of a bank, or five (5) years' experience as a state or

federal bank examiner. The Commissioner shall be appointed for a

term of four (4) years. The Commissioner shall continue to serve

until a successor is duly appointed, confirmed and qualified. The

Commissioner may be removed by the Governor for cause after notice

and hearing. A successor to a Commissioner who dies, resigns or is

removed shall be appointed in the same manner as provided in this

section.

C. 1. The Commissioner shall appoint a Deputy Commissioner who

may also serve as secretary to the Board hereinafter created. The

Deputy Commissioner shall have been a qualified elector of the state

for at least three (3) years prior to the appointment, shall be at

least thirty (30) years old and shall have had five (5) years'

experience as a bank officer or employee, or three (3) years'

experience as a bank president or managing officer of a bank, or

five (5) years' experience as a state or federal bank examiner,

Assistant Deputy Commissioner, or other Department employee. If the

office of the Commissioner is vacant or if the Commissioner is

absent or unable to act, the Deputy Commissioner shall be the acting

Commissioner.

2. The Commissioner may appoint Administrative Assistants whose

administrative duties shall be prescribed by the Commissioner.

3. The Attorney General is hereby authorized to appoint an

Assistant Attorney General, in addition to those now provided by

law, to be assigned to the Department. The Assistant Attorney

General shall perform such additional duties as may be assigned by

the Attorney General, and shall otherwise be subject to all

provisions of the statutes relating to Assistant Attorneys General.

The Banking Department is authorized to pay all or any part of the

salary of the Assistant Attorney General.

4. The Commissioner may also appoint a Budget Director for the

Department, a Credit Union Administrator and Assistant Deputy

Commissioners. The Budget Director, Credit Union Administrator and

Oklahoma Statutes - Title 6. Banks and Trust Companies

Assistant Deputy Commissioners shall have the duties and authority

as prescribed by the Commissioner.

5. The Commissioner shall prepare in writing a manual of all

employee positions for the Department, including job

classifications, seniority status, personnel qualifications, duties,

maximum and minimum salary schedules and other personnel information

for approval by the Board. The Commissioner may select, appoint and

employ such accountants, attorneys, auditors, examiners, clerks,

secretaries, stenographers and other personnel as the Commissioner

deems necessary for the proper administration of the Department and

any other statutory duties of the Commissioner.

D. All officers and employees of the Department shall be in the

exempt unclassified service as provided for in Section 840-5.5 of

Title 74 of the Oklahoma Statutes. All future appointees to such

positions shall be in the exempt unclassified service. Except as

provided in subsection B of this section, officers and employees of

the Department shall not be terminable except for cause as defined

by the Board.

E. The Commissioner may delegate to any officer or employee of

the Department any of the powers of the Commissioner and may

designate any officer or employee of the Department to perform any

of the duties of the Commissioner.

F. The Commissioner, Deputy Commissioner, Assistants to the

Commissioner, credit union administrator, budget director, Assistant

Deputy Commissioners, examiners, examiner-trainees, and all other

personnel shall, before entering upon the discharge of their duties,

take and subscribe to the oath of office required of state officers

as provided by Section 36.2A of Title 51 of the Oklahoma Statutes.

G. 1. The Commissioner shall adopt an appropriate seal as the

Seal of the State Banking Commissioner.

2. Every certificate, assignment and conveyance executed by the

Commissioner, in pursuance of the authority conferred upon the

Commissioner by law and sealed with the seal of the Department,

shall be received in evidence and recorded in the proper recording

offices in the same manner as a deed regularly acknowledged, as

required by law.

3. Whenever it is necessary for the Commissioner to approve any

instrument or to affix the official seal thereto, the Commissioner

may charge a fee for affixing the approval of the Commissioner or

the official seal to such instrument. Copies of all records and

papers in the office of the Department, certified by the

Commissioner and authenticated by the seal, shall be received in

evidence in all cases equally and of like effect as the original.

Whenever it is proper to furnish a copy of any paper filed in the

Department or to certify such paper, the Commissioner may charge a

fee for furnishing such copy, for affixing the official seal on such

copy and/or for certifying the same.

Oklahoma Statutes - Title 6. Banks and Trust Companies

Added by Laws 1965, c. 161, § 201. Amended by Laws 1967, c. 52, §

1, emerg. eff. April 14, 1967; Laws 1967, c. 365, § 1, emerg. eff.

May 22, 1967; Laws 1970, c. 321, § 1; Laws 1971, c. 352, § 2; Laws

1975, c. 109, § 1, emerg. eff. May 7, 1975; Laws 1976, c. 280, § 3,

emerg. eff. June 15, 1976; Laws 1977, c. 66, § 3, emerg. eff. May

23, 1977; Laws 1979, c. 173, § 1; Laws 1980, c. 159, § 2, emerg.

eff. April 2, 1980; Laws 1980, c. 360, § 2, emerg. eff. June 27,

1980; Laws 1981, c. 209, § 6, emerg. eff. May 29, 1981; Laws 1982,

c. 223, § 3; Laws 1985, c. 331, § 4, emerg. eff. July 29, 1985; Laws

1992, c. 367, § 13, eff. July 1, 1992; Laws 1993, c. 183, § 2, eff.

July 1, 1993; Laws 1995, c. 36, § 1, eff. July 1, 1995; Laws 1997,

c. 111, § 4, eff. July 1, 1997; Laws 1999, c. 27, § 1, eff. July 1,

1999; Laws 2005, c. 48, § 2, eff. Nov. 1, 2005; Laws 2008, c. 275, §

1, eff. July 1, 2008; Laws 2009, c. 3, § 1, eff. July 1, 2009; Laws

2010, c. 62, § 1, emerg. eff. April 9, 2010.