Oklahoma § 75-311.1 - Department of Health - Final agency orders - Authority

§ 75-311.1. Department of Health - Final agency orders - Authority

A. The Commissioner of the State Department of Health may

delegate the authority to issue a final agency order adverse to a

party to an agency administrative law judge if:

Oklahoma Statutes - Title 75. Statutes and Reports

1. The administrative law judge has a general knowledge of the

Public Health Code, 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 State

Department of Health,

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 State Department

of Health,

d.

is separate and apart from the legal division or

office of general counsel of the State Department of

Health,

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 State Department of Health, and

f.

has not been engaged in the performance of

investigative or prosecuting functions for the State

Department of Health regarding the party receiving the

final agency order; and

3. The Commissioner 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 Commissioner

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 State Department of

Health 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 1995, c. 317, § 2, emerg. eff. June 5, 1995.