Oklahoma § 62-35.7 - Exemptions and extensions

§ 62-35.7. Exemptions and extensions

A. A state agency may apply to the Chief Information Officer

for an exemption from any provisions of the Information Technology

Consolidation and Coordination Act or for an extension of any

deadline specified in the Act, if it determines that compliance with

the provisions of the Act would:

1. Cause it to be in violation of federal law or regulations or

in violation of any provision of the Oklahoma Constitution or

statutes;

2. Result in a loss of federal funds to the state; or

3. Create an impediment to the performance of a unique agency

function that is not duplicated by another state agency and is

required by the Oklahoma Statutes or Constitution or by federal law.

B. Any state agency applying for an exemption or extension

pursuant to this section shall provide written documentation of the

circumstances to the Chief Information Officer. After reviewing the

documentation, the Chief Information Officer shall grant or deny the

application. If the state agency disputes the decision of the Chief

Information Officer, the Director of the Office of Management and

Enterprise Services shall make the final determination as to whether

the exemption or extension will be granted.

Added by Laws 2011, c. 296, § 7. Amended by Laws 2012, c. 304, §

416.

§62-35.7a. State agencies — Employing technology personnel — Memo

of understanding with Chief Information Officer — Audit.

A. Except as otherwise provided by the Information Technology

Consolidation and Coordination Act, any state agency may employ

information technology personnel to develop and implement the

agency’s technology strategy, provided that the agency remains

subject to the standards, policies, and oversight established by the

Chief Information Officer of this state for the purposes of data

integrity and security.

B. A state agency may employ information technology personnel

pursuant to this section if it first enters into a memorandum of

Oklahoma Statutes - Title 62. Public Finance

understanding with the Chief Information Officer detailing, at a

minimum:

1. The specific positions and job descriptions that the agency

plans to hire;

2. The qualifications of the positions;

3. Agreement by the state agency to be bound by the standards,

policies, and oversight set forth by the Chief Information Officer

for security and data integrity purposes; and

4. Any other terms deemed necessary by the Chief Information

Officer or the state agency.

No information technology personnel shall be hired or retained

by the state agency until a memorandum of understanding has been

fully executed by both the Chief Information Officer and the state

agency.

C. The Chief Information Officer, at his or her discretion, may

audit the state agency’s compliance with the provisions of the

memorandum of understanding and any other requirements of this

section.

D. The authorization described in this section shall not be

construed as a waiver or exemption of any other provisions of the

Information Technology Consolidation and Coordination Act.

Added by Laws 2025, c. 393, § 2, emerg. eff. May 26, 2025.