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Home Page / HR Rules and Statutes / Statutes - Oklahoma Personnel Act 5

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Oklahoma Personnel Act

§74-840-5 through §74-840-5.24

Unofficial Compilation as of January 1, 2011


§74-840.5. Renumbered as § 840-2.12 of this title by Laws 1994, c. 242, § 54.

§74-840-5.1. Unclassified service exempt from act except leave regulations.
    Unless otherwise provided, offices and positions in the unclassified service are in no way subject to any of the provisions of this act or of the rules and regulations promulgated hereunder except leave regulations. Provided, offices and positions of the State Senate and House of Representatives shall not be subject to regulations of the Office of Personnel Management on involuntary leave without pay or furlough but shall be subject to any involuntary leave without pay or furlough plan adopted by the President Pro Tempore of the Senate or the Speaker of the House of Representatives. No person chosen by election or appointment to fill an elective office shall be subject to any leave plan or regulation or shall such person be eligible for accrual of any leave benefits.
Added by Laws 1982, c. 338, § 7, eff. July 1, 1982. Amended by Laws 1986, c. 244, § 2, emerg. eff. June 12, 1986. Renumbered from § 840.7 of this title by Laws 1994, c. 242, § 54.

§74-840-5.1A. Unclassified service - Service at pleasure of appointing authority - Severance benefits.
    A.    Within state government, persons appointed to a position in the unclassified service after June 30, 1996, shall serve at the pleasure of the appointing authority. Appointing authorities shall not convey any right or expectation of continued employment to such unclassified employees. The appointing authority may separate such unclassified employees at any time with or without cause. No provision of the Oklahoma Personnel Act shall be construed as granting any property interest in employment to any unclassified service employee.
    B.    Nothing in this section is intended to change the status of any unclassified employee appointed to a position on or before June 30, 1996.
    C.    This section shall not apply to persons in positions in institutions under the jurisdiction of the Oklahoma State Regents for Higher Education or subject to the University Hospitals Authority Model Personnel System created pursuant to Section 3211 of Title 63 of the Oklahoma Statutes.
    D.    Agencies may provide severance benefits pursuant to Section 840-2.27D of this title to regular unclassified employees with one (1) year or more continuous state service who are separated from the state service for budgetary reasons. A plan providing for such benefits shall be submitted to the Director of the Office of State Finance who shall reject any plan that does not:
            1     Demonstrate that funds are available to cover projected costs;
            2.    Contain an estimate of the number of affected employees likely to participate in the education voucher program established in Section 840-2.27D of this title; and
            3.    Contain an estimate of the cost savings or reduced expenditures likely to be achieved by the agency.
Added by Laws 1996, c. 320, § 10, emerg. eff. June 12, 1996. Amended by Laws 2003, c. 212, § 19, eff. July 1, 2003.

§74-840-5.1B. Repealed by Laws 2005, c. 453, § 5, eff. July 1, 2005.

§74-840-5.2. Option to retain classified status.
    Any classified employee who is serving in an agency head position which is subject to the Merit System of Personnel Administration on the effective date of this act shall have the option of retaining such classified status. An incumbent who chooses to remain in the classified service shall be subject to all provisions and conditions of the Merit System of Personnel Administration. An incumbent who chooses to change status from classified to unclassified shall so indicate in writing. All future appointees to such positions shall be in the unclassified service.
Added by Laws 1985, c. 46, § 3, emerg. eff. April 23, 1985. Renumbered from § 840.8a of this title by Laws 1994, c. 242, § 54.

§74-840-5.2A. Ethics Commission - Status of employees to be as shown on employment records.
    All persons employed by the Ethics Commission prior to March 18, 1998, shall be in and shall have been in such status in the classified or unclassified service as shown on their individual records on file in the Office of Personnel Management. The employment records of such persons on file in the Office of Personnel Management shall be controlling as to the status of such persons and the positions they occupy or occupied.
Added by Laws 1998, c. 285, § 5, emerg. eff. May 27, 1998.

§74-840-5.2B. State and Education Employees Group Insurance Board - Status of employees to be as shown on employment records.
    All persons employed by the State and Education Employees Group Insurance Board prior to March 27, 1998, shall be in and shall have been in such status in the classified or unclassified service as shown on their individual records on file in the Office of Personnel Management. The employment records of such persons on file in the Office of Personnel Management shall be controlling as to the status of such persons and the positions they occupy or occupied.
Added by Laws 1998, c. 285, § 6, emerg. eff. May 27, 1998.

§74-840-5.3. Certain persons not considered state employees.
    A.    The following offices, positions and personnel shall not be considered state employees except as otherwise provided by law:
            1.    Patient and inmate help in the state charitable, mental and correctional institutions;
            2.    Persons engaged in public work for the state, but employed by contractors when the performance of such contract is authorized by the Legislature or other competent authority;
            3.    All employees of all public school districts; and
            4.    Officers and members of the Oklahoma National Guard, as such.
    B.     1.    Instructional and administrative personnel, except for superintendents, of the State Department of Rehabilitation Services at the Oklahoma School for the Blind and the Oklahoma School for the Deaf pursuant to Section 1419 of Title 10 of the Oklahoma Statutes shall be considered state employees, except they shall not be considered state employees for the purposes of the Oklahoma Personnel Act, unless otherwise provided by law. However, the Office of Personnel Management may categorize such employees as unclassified solely for the purpose of entering and maintaining employment data in the state Personnel Management Information System established pursuant to Section 840-2.13 of this title.
            2.    The superintendents at the Oklahoma School for the Blind and the Oklahoma School for the Deaf shall be state employees in the unclassified service, subject to the Oklahoma Personnel Act.
Added by Laws 1982, c. 338, § 9, eff. July 1, 1982. Amended by Laws 1986, c. 244, § 5, emerg. eff. June 12, 1986. Renumbered from § 840.9 of this title by Laws 1994, c. 242, § 54. Amended by Laws 1995, c. 269, § 3, eff. July 1, 1995; Laws 2001, c. 381, § 12, eff. July 1, 2001; Laws 2003, c. 93, § 4, eff. July 1, 2003.

§74-840-5.4. Placement of agencies under Merit System of Personnel Administration.
    Nothing in this act is intended to automatically place any agency under the provisions of the Merit System of Personnel Administration; however, any agency may be placed under the provisions of the Merit System in accordance with Section 840.3 of Title 74 of the Oklahoma Statutes unless otherwise prohibited by law.
Added by Laws 1986, c. 244, § 4, emerg. eff. June 12, 1986. Renumbered from § 840.8c of this title by Laws 1994, c. 242, § 54.

§74-840-5.5. Unclassified service--Offices, positions, and personnel
    A. The following offices, positions, and personnel shall be in the unclassified service and shall not be placed under the classified service:

        1. Persons chosen by popular vote or appointment to fill an elective office, and their employees, except the employees of the Corporation Commission, the State Department of Education and the Department of Labor;

        2. Members of boards and commissions, and heads of agencies; also one principal assistant or deputy and one executive secretary for each state agency;

        3. All judges, elected or appointed, and their employees;

        4. Persons employed with one-time, limited duration, federal or other grant funding that is not continuing or indefinitely renewable. The length of the unclassified employment shall not exceed the period of time for which that specific federal funding is provided;

        5. All officers and employees of The Oklahoma State System of Higher Education, State Board of Education and Oklahoma Department of Career and Technology Education;

        6. Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature or a committee thereof or by authority of the Governor. These appointments and authorizations shall terminate on the first day of the regular legislative session immediately following the appointment, if not terminated earlier. However, nothing in this paragraph shall prevent the reauthorization and reappointment of any such person. Any such appointment shall be funded from the budget of the appointing authority;

        7. Election officials and employees;

        8. Temporary employees employed to work less than one thousand (1,000) hours in any twelve-month period, and seasonal employees employed by the Oklahoma Tourism and Recreation Department pursuant to Section 2241 of this title who work less than one thousand six hundred (1,600) hours in any twelve-month period;

        9. Department of Public Safety employees occupying the following offices or positions:

            a. administrative aides to the Commissioner,

            b. executive secretaries to the Commissioner,

            c. the Governor's representative of the Oklahoma Highway Safety Office who shall be appointed by the Governor,

            d. Highway Patrol Colonel,

            e. Highway Patrol Lieutenant Colonel,

            f. Director of Finance,

            g. noncommissioned pilots,

            h. Information Systems Administrator,

            i. Law Enforcement Telecommunications System Specialist,

            j. Director of Driver Compliance,

            k. Director of Transportation Division,

            l. Director of the Oklahoma Highway Safety Office,

            m. Civil Rights Administrator,

            n. Budget Analyst,

            o. Comptroller,

            p. Chaplain,

            q. Helicopter Mechanic,

            r. Director of Safety Compliance,

            s. Human Resources Director,

            t. Administrator of Department Services, and

            u. a maximum of seven (7) positions for the purpose of administering programs in the Oklahoma Highway Safety Office, within full-time employee limitations of the Department, employed with federal funding that is continuing or indefinitely renewable. The authorization for such positions shall be terminated if the federal funding for positions is discontinued;

provided, any person appointed to a position prescribed in subparagraph d or e of this paragraph shall have a right of return to the classified commissioned position without any loss of rights, privileges or benefits immediately upon completion of the duties in the unclassified commissioned position;

        10. Professional trainees only during the prescribed length of their course of training or extension study;

        11. Students who are employed on a part-time basis, which shall be seventy-five percent (75%) of a normal forty-hour work week or thirty (30) hours per week, or less, or on a full-time basis if the employment is pursuant to a cooperative education program such as that provided for under Title I IV-D of the Higher Education Act of 1965 (20 U.S.C. 1087a-1087c), as amended, and who are regularly enrolled in:

            a. an institution of higher learning within The Oklahoma State System of Higher Education,

            b. an institution of higher learning qualified to become coordinated with The Oklahoma State System of Higher Education. For purposes of this section, a student shall be considered a regularly enrolled student if the student is enrolled in a minimum of five (5) hours of accredited graduate courses or a minimum of ten (10) hours of accredited undergraduate courses, provided, however, the student shall only be required to be enrolled in a minimum of six (6) hours of accredited undergraduate courses during the summer, or

            c. high school students regularly enrolled in a high school in Oklahoma and regularly attending classes during such time of enrollment;

        12. The spouses of personnel who are employed on a part-time basis to assist or work as a relief for their spouses in the Oklahoma Tourism and Recreation Department;

        13. Service substitute attendants who are needed to replace museum and site attendants who are unavoidably absent. Service substitutes may work as part-time or full-time relief for absentees for a period of not more than four (4) weeks per year in the Oklahoma Historical Society sites and museums; such substitutes will not count towards the agency's full-time-equivalent (FTE) employee limit;

        14. Employees of the Oklahoma House of Representatives, the State Senate, or the Legislative Service Bureau;

        15. Corporation Commission personnel occupying the following offices and positions:

            a. Administrative aides, and executive secretaries to the Commissioners,

            b. Directors of all the divisions, personnel managers and comptrollers,

            c. General Counsel,

            d. Public Utility Division Chief Engineer,

            e. Public Utility Division Chief Accountant,

            f. Public Utility Division Chief Economist,

            g. Public Utility Division Deputy Director,

            h. Secretary of the Commission,

            i. Deputy Conservation Director,

            j. Manager of Pollution Abatement,

            k. Manager of Field Operations,

            l. Manager of Technical Services,

            m. Public Utility Division Chief of Telecommunications,

            n. Director of Information Services,

            o. All Data Processing employees hired on or after September 1, 2005,

            p. All Public Utilities employees hired on or after September 1, 2007,

            q. All Regulatory Program Managers hired on or after September 1, 2007, and

            r. All Pipeline Safety Department employees hired on or after September 1, 2008;

        16. At the option of the employing agency, the Supervisor, Director, or Educational Coordinator in any other state agency having a primary responsibility to coordinate educational programs operated for children in state institutions;

        17. Department of Mental Health and Substance Abuse Services personnel occupying the following offices and positions at each facility:

            a. Director of Facility,

            b. Deputy Director for Administration,

            c. Clinical Services Director,

            d. Executive Secretary to Director, and

            e. Directors or Heads of Departments or Services;

        18. Office of State Finance personnel occupying the following offices and positions:

            a. State Comptroller,

            b. Administrative Officers,

            c. Alternator Claims Auditor,

            d. Employees hired to fulfill state compliance agency requirements under Model Tribal Gaming Compacts,

            e. Employees of the Budget Division,

            f. Employees of the Fiscal and Research Division,

            g. Employees hired to work on the CORE Systems Project; and

            h. The following employees of the Information Services Division:

                (1) Information Services Division Manager,

                (2) Network Manager,

                (3) Network Technicians,

                (4) Security Manager,

                (5) Contracts/Purchasing Manager,

                (6) Operating and Applications Manager,

                (7) Project Manager,

                (8) Help Desk Manager,

                (9) Help Desk Technicians,

                (10) Quality Assurance Manager,

                (11) ISD Analysts,

                (12) CORE Manager,

                (13) Enterprise System/Database Software Manager,

                (14) Data Center Operations and Production Manager,

                (15) Voice Communications Manager,

                (16) Applications Development Manager,

                (17) Projects Manager,

                (18) PC's Manager,

                (19) Servers Manager,

                (20) Portal Manager,

                (21) Procurement Specialists,

                (22) Security Technicians,

                (23) Enterprise Communications and Network Administrator,

                (24) Server Support Specialists,

                (25) Senior Server Support Specialists,

                (26) Systems Support Specialists,

                (27) Senior Systems Support Specialists,

                (28) Chief Technology Officer,

                (29) Facility Manager,

                (30) Application Development Specialists,

                (31) Senior Application Development Specialists,

                (32) Workstation Specialists,

                (33) Senior Workstation Specialists,

                (34) Cabling Infrastructure Administration,

                (35) Planning Specialists,

                (36) Senior Planning Specialists,

                (37) Network Specialists,

                (38) Senior Network Specialists,

                (39) Voice Communication Specialists, and

                (40) Senior Voice Communication Specialists;

        19. Employees of the Oklahoma Industrial Finance Authority;

        20. Those positions so specified in the annual business plan of the Oklahoma Department of Commerce;

        21. Those positions so specified in the annual business plan of the Oklahoma Center for the Advancement of Science and Technology;

        22. The following positions and employees of the Oklahoma School of Science and Mathematics:

            a. positions for which the annual salary is Twenty-four Thousand One Hundred Ninety-three Dollars ($24,193.00) or more, as determined by the Office of Personnel Management, provided no position shall become unclassified because of any change in salary or grade while it is occupied by a classified employee,

            b. positions requiring certification by the State Department of Education, and

            c. positions and employees authorized to be in the unclassified service of the state elsewhere in this section or in subsection B of this section;

        23. Office of Personnel Management employees occupying the following positions:

            a. the Carl Albert Internship Program Coordinator,

            b. one Administrative Assistant,

            c. one Workforce Planning Manager,

            d. Assistant Administrators,

            e. one Associate Administrator, and

            f. Division Directors;

        24. Department of Labor personnel occupying the following offices and positions:

            a. two Deputy Commissioners,

            b. two Executive Secretaries to the Commissioner,

            c. Chief of Staff,

            d. two Administrative Assistants,

            e. Information Systems Administrator,

            f. three Safety and Health Directors,

            g. Research Director,

            h. Employment Standards Director,

            i. Asbestos Director,

            j. General Counsel,

            k. one Legal Secretary,

            l. one Docket Clerk, and

            m. two Information Systems Application Specialists;

        25. The State Bond Advisor and his or her employees;

        26. The Oklahoma Employment Security Commission employees occupying the following positions:

            a. Associate Director,

            b. Secretary to the Associate Director, and

            c. Assistant to the Executive Director;

        27. Oklahoma Human Rights Commission personnel occupying the position of Administrative Assistant;

        28. Officers and employees of the State Banking Department;

        29. Officers and employees of the University Hospitals Authority except personnel in the state classified service pursuant to Section 3211 of Title 63 of the Oklahoma Statutes and members of the University Hospitals Authority Model Personnel System created pursuant to subsection E of Section 3211 of Title 63 of the Oklahoma Statutes or as otherwise provided for in Section 3213.2 of Title 63 of the Oklahoma Statutes;

        30. Alcoholic Beverage Laws Enforcement Commission employees occupying the following positions:

            a. three Administrative Service Assistant positions, however, employees in such positions who are in the unclassified service on June 4, 2003, may make an election to be in the classified service without a loss in salary by September 1, 2003, and

            b. the Deputy Director position in addition to the one authorized by paragraph 2 of this subsection;

        31. The Oklahoma State Bureau of Investigation employees occupying the following positions:

            a. five assistant directors,

            b. six special investigators,

            c. one information representative,

            d. one federally funded physical evidence technician,

            e. four federally funded laboratory analysts,

            f. a maximum of fourteen positions employed for the purpose of managing the automated information systems of the agency,

           g. one executive secretary in addition to the one executive secretary authorized pursuant to paragraph 2 of this subsection,

            h. Child Abuse Response Team (CART) investigator,

            i. Child Abuse Response Team (CART) forensic interviewer; and

            j. nine administration and research positions and five data processing and information technology positions transferred from the Criminal Justice Resource Center pursuant to Section 150.17a of this title;

        32. The Department of Transportation, the following positions:

            a. Director of the Oklahoma Aeronautics Commission,

            b. five Department of Transportation Assistant Director positions,

            c. eight field division engineer positions,

            d. one pilot position,

            e. five Project Manager Positions, and

            f. five Transportation Coordinators;

        33. Commissioners of the Land Office employees occupying the following positions:

            a. Director of the Investments Division,

            b. Assistant Director of the Investments Division,

            c. one Administrative Assistant,

            d. one Audit Tech position,

            e. one Auditor I position,

            f. two Accounting Tech I positions,

            g. two Administrative Assistant I positions,

            h. two Imaging Specialist positions,

            i. one Information Systems Specialist position,

            j. Director of Communications,

            k. Director of Royalty Compliance,

            l. Director of Mineral Management,

            m. Director of Accounting,

            n. Chief of Staff,

            o. First Assistant Secretary,

            p. Director of Real Estate Management,

            q. one executive secretary,

            r. one legal secretary, and

            s. one legal assistant;

        34. Within the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control Commission, the following positions:

            a. six Narcotics Agent positions and three Typist Clerk/Spanish transcriptionists, including a Typist Clerk Supervisor/Spanish transcriptionist, provided, authorization for such positions shall be terminated if the federal funding for the positions is discontinued,

            b. one executive secretary in addition to the one authorized pursuant to paragraph 2 of this subsection,

            c. one fiscal officer,

            d. one full-time Programmer, and

            e. one full-time Network Engineer;

        35. The Military Department of the State of Oklahoma is authorized such unclassified employees within full-time employee limitations to work in any of the Department of Defense directed youth programs, the State of Oklahoma Juvenile Justice youth programs, those persons reimbursed from Armory Board or Billeting Fund accounts, and skilled trade positions;

        36. Within the Oklahoma Commission on Children and Youth the following unclassified positions:

            a. one Oversight Specialist and one Community Development Planner,

            b. one State Plan Grant Coordinator, provided authorization for the position shall be terminated when federal support for the position by the United States Department of Education Early Intervention Program is discontinued,

            c. one executive secretary in addition to the one authorized pursuant to paragraph 2 of this subsection, and

            d. one Programs Manager;

        37. The following positions and employees of the Department of Central Services:

            a. one Executive Secretary in addition to the Executive Secretary authorized by paragraph 2 of this subsection,

            b. the Director of Central Purchasing,

            c. one Alternate Fuels Administrator,

            d. one Director of Special Projects,

            e. three postauditors,

            f. four high-technology contracting officers,

            g. one Executive Assistant to the Purchasing Director,

            h. four Contracts Managers,

            i. one Associate Director,

            j. one specialized HiTech/Food Contracting Officer,

            k. one State Use Contracting Officer,

            l. one Property Distribution Administrator,

            m. three licensed architects assigned to the Construction and Properties Division,

            n. three licensed engineers assigned to the Construction and Properties Division,

            o. eight construction consultants assigned to the Construction and Properties Division,

            p. one attorney assigned to the Construction and Properties Division,

            q. three positions assigned to the Information Services Division, which shall include one Information Technology Manager, one Applications Specialist and one Data Planning Specialist,

            r. four positions assigned to Fleet Management, which shall include one Deputy Fleet Manager and three Management Analysts,

            s. one Chief Auditor,

            t. one Assistant Director of Central Purchasing Division,

            u. one Professional Errors and Omissions Liability Adjuster,

            v. three Strategic Sourcing Managers,

            w. three Strategic Sourcing Assistant Managers, and

            x. two Printing Services Brokers;

        38. Oklahoma Water Resources Board personnel occupying the following offices and positions:

            a. four Water Quality Assistant Division Chiefs,

            b. four Water Resources Division Chiefs, and

            c. Director of Water Planning;

        39. J.D. McCarty Center for Children with Developmental Disabilities personnel occupying the following offices and positions:

            a. Physical Therapists,

            b. Physical Therapist Assistants,

            c. Occupational Therapists,

            d. Certified Occupational Therapist Aides, and

            e. Speech Pathologists;

        40. The Development Officer, the Director of the State Museum of History and the Cherokee Strip Regional Heritage Center Director within the Oklahoma Historical Society;

        41. Oklahoma Department of Agriculture, Food, and Forestry personnel occupying the following positions:

            a. one Executive Secretary in addition to the Executive Secretary authorized by paragraph 2 of this subsection and one Executive Assistant,

            b. nineteen Agricultural Marketing Coordinator III positions,

            c. temporary fire suppression personnel, regardless of the number of hours worked, who are employed by the Oklahoma Department of Agriculture, Food, and Forestry; provided, however, notwithstanding the provisions of any other section of law, the hours worked by such employees shall not entitle such employees to any benefits received by full-time employees,

            d. one Information Technology Specialist,

            e. one Director of Administrative Services,

            f. one Water Quality Consumer Complaint Coordinator,

            g. one hydrologist position,

            h. Public Information Office Director,

i. one Information Technology Technician,

            j. Legal Services Director,

            k. Animal Industry Services Director,

            l. Agricultural Environmental Management Services Director,

            m. Forestry Services Director,

            n. Plant Industry and Consumer Services Director,

            o. one Grants Administrator position,

            p. Director of Laboratory Services,

            q. Chief of Communications,

            r. Public Information Manager,

            s. Inventory/Supply Officer,

            t. five Agriculture Field Inspector positions assigned the responsibility for conducting inspections and audits of agricultural grain storage warehouses. All other Agriculture Field Inspector positions and employees of the Oklahoma Department of Agriculture, Food, and Forestry shall be classified and subject to the provisions of the Merit System of Personnel Administration. On November 1, 2002, all other unclassified Agriculture Field Inspectors shall be given status in the classified service as provided in Section 840-4.2 of this title,

            u. Rural Fire Coordinator,

            v. one Agricultural Marketing Coordinator I,

            w. Food Safety Division Director,

            x. two Environmental Program Specialists,

            y. two Scale Technicians,

            z. two Plant Protection Specialists, and

            aa. Chief Agent;

        42. The Contracts Administrator within the Oklahoma State Employees Benefits Council;

        43. The Development Officer within the Oklahoma Department of Libraries;

        44. Oklahoma Real Estate Commission personnel occupying the following offices and positions:

            a. Educational Program Director, and

            b. Data Processing Manager;

        45. A Chief Consumer Credit Examiner for the Department of Consumer Credit;

        46. All officers and employees of the Oklahoma Capitol Complex and Centennial Commemoration Commission;

        47. All officers and employees of the Oklahoma Motor Vehicle Commission;

        48. One Museum Archivist of The Will Rogers Memorial Commission;

        49. One Fire Protection Engineer of the Office of the State Fire Marshal;

        50. Acting incumbents employed pursuant to Section 209 of Title 44 or Section 48 of Title 72 of the Oklahoma Statutes who shall not be included in any limitation on full-time equivalency imposed by law on an agency. Permanent classified employees may request a leave of absence from classified status and accept an unclassified appointment and compensation as an acting incumbent with the same agency; provided, the leave shall expire no later than two (2) years from the date of the acting incumbent appointment. An appointing authority may establish unclassified positions and appoint unclassified employees to perform the duties of a permanent classified employee who is on leave of absence from a classified position to serve as an acting incumbent. All unclassified appointments created pursuant to this paragraph shall expire no later than two (2) years from the date of appointment. Classified employees accepting unclassified appointments and compensation pursuant to this paragraph shall be entitled to participate without interruption in any benefit programs available to classified employees, including retirement and insurance programs. Immediately upon termination of an unclassified appointment pursuant to this paragraph, an employee on assignment from the classified service shall have a right to be restored to the classified service and reinstated to the former job family level and compensation plus any adjustments and increases in salary or benefits which the employee would have received but for the leave of absence;

        51. The Oklahoma Homeland Security Director and all other positions assigned the responsibilities of working in the Oklahoma Office of Homeland Security;

        52. The following eighteen (18) positions in the State Department of Health:

            a. one surveillance supervisor,

            b. one surveillance project monitor,

            c. two bilingual interviewers,

            d. eight senior interviewers, and

            e. six interviewers;

        53. State Board of Registration for Professional Engineers and Land Surveyors personnel occupying the following offices and positions:

            a. one Director of Enforcement, and

            b. two Board Investigators;

        54. One Information Systems Data Management Analyst of the Oklahoma State and Education Employees Group Insurance Board; and

        55. Two Management Information Systems positions of the Office of Juvenile Affairs.

        56. Heads of agencies, principal assistants or deputies and executive secretaries of an agency that is consolidated into another agency.

    B. If an agency has the authority to employ personnel in the following offices and positions, the appointing authority shall have the discretion to appoint personnel to the unclassified service:

        1. Licensed medical doctors, osteopathic physicians, dentists, psychologists, and nurses;

        2. Certified public accountants;

        3. Licensed attorneys;

        4. Licensed veterinarians; and

        5. Licensed pharmacists.

    C. Effective July 1, 1996, authorization for unclassified offices, positions, or personnel contained in a bill or joint resolution shall terminate June 30 of the ensuing fiscal year after the authorization unless the authorization is codified in the Oklahoma Statutes or the termination is otherwise provided in the legislation.

    D. The appointing authority of agencies participating in the statewide information systems project may establish unclassified positions and appoint unclassified employees to the project as needed. Additional unclassified positions may be established, if required, to appoint an unclassified employee to perform the duties of a permanent classified employee who is temporarily absent from a classified position as a result of assignment to this project. All unclassified appointments under this authority shall expire no later than December 31, 2007, and all unclassified positions established to support the project shall be abolished. Both the positions and appointments resulting from this authority shall be exempt from any agency FTE limitations and any limits imposed on the number of unclassified positions authorized. Permanent classified employees may request a leave of absence from classified status and accept an unclassified appointment and compensation with the same agency under the provisions of this subsection; provided, the leave shall expire no later than December 31, 2007. Employees accepting the appointment and compensation shall be entitled to participate without interruption in any benefit programs available to classified employees, including retirement and insurance programs. Immediately upon termination of an unclassified appointment pursuant to this subsection, an employee on assignment from the classified service shall have a right to be restored to the classified service and reinstated to the former job family level and compensation plus any adjustments and increases in salary or benefits which the employee would have received but for the leave of absence.

Laws 1982, c. 338, § 8, eff. July 1, 1982; Laws 1982, c. 358, § 21, eff. June 2, 1982; Laws 1983, c. 263, § 15, operative July 1, 1983; Laws 1984, c. 284, § 19, operative July 1, 1984; Laws 1985, c. 46, § 2, emerg. eff. April 23, 1985; Laws 1985, c. 325, § 15, emerg. eff. July 29, 1985; Laws 1986, c. 19, § 6, emerg. eff. March 17, 1986; Laws 1986, c. 244, § 3, emerg. eff. June 12, 1986; Laws 1986, c. 277, § 13, emerg. eff. June 24, 1986; Laws 1987, c. 222, § 120, operative July 1, 1987; Laws 1989, c. 291, § 5, eff. July 1, 1989; Laws 1989, c. 370, § 15, operative July 1, 1989; Laws 1990, c. 23, § 9, operative July 1, 1990; Laws 1990, c. 260, § 50, operative July 1, 1990; Laws 1990, c. 264, § 87, operative July 1, 1990; Laws 1991, c. 308, § 3, eff. July 1, 1991; Laws 1992, c. 373, § 21, eff. July 1, 1992; Laws 1993, c. 10, § 14, emerg. eff. March 21, 1993; Laws 1993, c. 183, § 72, eff. July 1, 1993; Laws 1993, c. 333, § 2, eff. July 1, 1993; Laws 1994, c. 2, § 30, emerg. eff. March 2, 1994. Renumbered from Title 74, § 840.8 by Laws 1994, c. 242, § 54. Laws 1994, c. 315, § 5, eff. July 1, 1994; Laws 1995, c. 64, § 1, emerg. eff. April 11, 1995; Laws 1995, c. 328, § 13, eff. July 1, 1995; Laws 1996, c. 3, § 22, emerg. eff. March 6, 1996; Laws 1996, c. 327, § 1, eff. Nov. 1, 1996; Laws 1997, c. 2, § 20, emerg. eff. Feb. 26, 1997; Laws 1998, c. 165, § 1, eff. July 1, 1998; Laws 1998, c. 412, § 5, eff. July 1, 1998; Laws 1999, c. 1, § 38, emerg. eff. Feb. 24, 1999; Laws 1999, c. 375, § 1, eff. July 1, 1999; Laws 2000, c. 6, § 25, emerg. eff. March 20, 2000; Laws 2000, c. 336, § 9, eff. July 1, 2000; Laws 2001, c. 167, § 13, emerg. eff. May 2, 2001; Laws 2001, c. 414, § 10, emerg. eff. June 4, 2001; Laws 2002, c. 22, § 32, emerg. eff. March 8, 2002; Laws 2002, c. 435, § 1, emerg. eff. June 5, 2002; Laws 2003, c. 3, § 89, emerg. eff. March 19, 2003; Laws 2003, c. 382, § 1; Laws 2004, c. 5, § 98, emerg. eff. March 1, 2004; Laws 2004, c. 157, § 7, emerg. eff. April 26, 2004; Laws 2004, c. 462, § 1, eff. July 1, 2004; Laws 2005, c. 1, § 132, emerg. eff. March 15, 2005; Laws 2005, c. 190, § 19, eff. Sept. 1, 2005; Laws 2005, c. 409, § 2, eff. Sept. 1, 2005; Laws 2006, c. 189, § 1, eff. July 1, 2006; Laws 2006, 2nd Ex.Sess., c. 47, § 3, eff. July 1, 2006; Laws 2007, c. 208, § 3, eff. July 1, 2007; Laws 2008, c. 3, § 49, emerg. eff. Feb. 28, 2008; Laws 2008, c. 300, § 1, eff. July 1, 2008; Laws 2010, c. 41, § 51, emerg. eff. April 2, 2010; Laws 2010, c. 392, § 1, emerg. eff. June 7, 2010.

§74-840-5.6. Corporation Commission employees - Inclusion in unclassified service.
    The unclassified service of the state shall include personnel employed by the Corporation Commission in positions which do not require registration with the Board of Professional Engineers and Land Surveyors but which have been employed in accordance with subparagraph 8 of paragraph 22 of Section 840.8 of Title 74 of the Oklahoma Statutes, which provides for engineer positions and employees of the Corporation Commission to be unclassified. From and after the effective date of this act, the titles of such positions and employees shall be changed to reflect the specialized nature of the positions and the intent of the Legislature that such positions be part of the unclassified service.
    This provision is not intended to change the current status, whether classified or unclassified, of any employee or position of the Corporation Commission. Furthermore, it is not intended to authorize any increase in classified or unclassified full-time-equivalent employee positions or funding limitations.
Added by Laws 1985, c. 325, § 16, emerg. eff. July 29, 1985. Renumbered from § 840.8b of this title by Laws 1994, c. 242, § 54.

§74-840-5.7. Grand River Dam Authority.
    A.    The Grand River Dam Authority shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. This section shall supersede and repeal any and all executive orders issued pursuant to this act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 8 of this act, the following offices, positions and personnel shall be in the unclassified service:
            1.    The general manager, assistant general managers, secretaries to the general manager, and assistant general managers;
            2.    The chief engineer and the engineers, superintendents, and assistant superintendents;
            3.    The general counsel and the attorneys on the general counsel's staff;
            4.    The secretary;
            5.    The treasurer;
            6.    Rate analysts; and
            7.    Unclassified employees hired prior to May 1, 1989, who hold engineering job titles but who are not registered engineers, provided said persons are reassigned nonengineering job titles. At such time as the positions occupied by said unclassified employees are vacated, the positions shall revert to the classified service.
Added by Laws 1994, c. 242, § 9.

§74-840-5.8. Oklahoma Tax Commission.
    A.    The Oklahoma Tax Commission shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. This section shall supersede and repeal any and all executive orders issued pursuant to the Oklahoma Personnel Act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 840-5.5 of this title, the following offices, positions and personnel shall be in the unclassified service:
            1.    One private secretary for each Tax Commissioner; all revenue administrators, the budget officer and the comptroller of the Tax Commission;
            2.    All revenue unit managers;
            3.    All Computer Programming Systems Specialist positions;
            4.    All Data Processing Programmer Analyst Supervisor and Data Processing Programmer Analyst III positions;
            5.    All Public Affairs Officer and Assistant Public Affairs Officer positions;
            6.    The Public Information Officer; and
            7.    All Tax Economist and Tax Policy Analyst positions.
Added by Laws 1994, c. 242, § 10. Amended by Laws 1995, c. 309, § 3, eff. July 1, 1995; Laws 1998, c. 388, § 4, eff. July 1, 1998.

§74-840-5.9. State Department of Education.
    A.    The State Department of Education shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. This section shall supersede and repeal any and all executive orders issued pursuant to this act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 8 of this act, the following offices, positions and personnel shall be in the unclassified service:
            1.    Administrative Assistants;
            2.    Informational Representatives III;
            3.    Driver Educational Electronics Technician;
            4.    Media Technical Assistants;
            5.    Executive Secretaries;
            6.    Accounting Supervisor;
            7.    Supervisor of Records;
            8.    Supervisor of Printing Services;
            9.    Migrant Records Transfer System Representative;
            10.   Financial Managers; and
            11.   In addition to the State Department of Education offices and positions listed in this paragraph, any and all offices and positions within the State Department of Education for which the annual salary is Twenty-one Thousand Nine Hundred Forty-three Dollars ($21,943.00) or more shall also be in the unclassified service of this state.
    Nothing in this paragraph is intended to change the status, whether classified or unclassified service, of any person employed by the Department of Education prior to May 1, 1989. No position shall be made part of the selective service while it is occupied by an unclassified service employee because of any change in salary or grade. Hereafter, any position paid an annual salary of Twenty-one Thousand Nine Hundred Forty-three Dollars ($21,943.00) or more shall be made part of the unclassified service upon being vacated.
Added by Laws 1994, c. 242, § 11.

§74-840-5.10. State Insurance Fund.
    
A.    CompSource Oklahoma shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. This section shall supersede and repeal any and all executive orders issued pursuant to this act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 840-5.5 of this title, the following offices, positions and personnel shall be in the unclassified service:
            1.    President and Chief Executive Officer;
            2.    Executive Vice President;
            3.    Vice Presidents;
            4.    Executive Secretaries to the President, Executive Vice President and Vice Presidents;
            5.    Law Clerks and Legal Assistants;
            6.    Special Counsel;
            7.    General Counsel;
            8.    Medical Analysts Supervisor;
            9.    Medical Analysts;
            10.    Field Adjusters;
            11.    Investment Officer;
            12.    Workers' Compensation Insurance Consultants;
            13.    Workers' Compensation Insurance Technicians;
            14.    Workers' Compensation Insurance Adjusters;
            15.    Workers' Compensation Insurance Underwriters;
            16.    Information Systems Personnel;
            17.    Fraud Investigation Specialists;
            18.    Collections Attorneys;
            19.    Premium Auditors; and
            20.    Safety Consultants.
    C.    CompSource Oklahoma may develop a plan for a program for incentive-based compensation for its employees. The plan shall be subject to the review and approval of the Insurance Commissioner.

Laws 1994, c. 242, § 12; Laws 2003, c. 353, § 4, emerg. eff. June 3, 2003; Laws 2006, c. 316, § 1, eff. July 1, 2006; Laws 2009, c. 440, § 1, eff. July 1, 2009.

§74-840-5.11. Department of Corrections – Merit system – Service status.
    A.    The Department of Corrections shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. This section shall supersede and repeal any and all executive orders issued pursuant to this act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 840-5.5 of this title, the Director of the Department of Corrections may establish positions in the unclassified service and place employees in those positions provided the total number of unclassified positions does not exceed six percent (6%) of the total full-time-equivalent employee limit established for the Department of Corrections. Any unclassified positions established for the Oklahoma State Industries shall be funded from the Department of Corrections Industries' Revolving Fund only. In addition to the regular salary, any unclassified employee of the Oklahoma State Industries of the Department of Corrections who is responsible for obtaining a contract for products manufactured or services provided by prison industries may, at the discretion of the Director of the Department of Corrections, be awarded additional compensation of not more than five percent (5%) of the total amount of said contracts but not more than Ten Thousand Dollars ($10,000.00) per year. This compensation may be in addition to the salary of the employee and may be paid in one lump sum from any funds available to the Department of Corrections. No such compensation shall be made unless funds are available. Funds for payment of any compensation awards shall be encumbered to the extent of the awards.
    Incumbents who were classified under the Merit System of Personnel Administration on the effective date the position they occupy became part of the unclassified service shall have the option of remaining in their classified service status. Incumbents who choose to accept unclassified service appointments shall so signify in writing. All future appointees to these positions shall be in the unclassified service. Incumbents who choose to remain in the classified service shall be subject to all rules and procedures of the Merit System.
Added by Laws 1994, c. 242, § 13. Amended by Laws 1995, c. 309, § 4, eff. July 1, 1995; Laws 1996, c. 327, § 2, eff. Nov. 1, 1996; Laws 1998, c. 388, § 5, eff. July 1, 1998; Laws 2001, c. 381, § 14, eff. July 1, 2001.

§74-840-5.12 - State Department of Rehabilitation Services - Unclassified Service.
    A.    The State Department of Rehabilitation Services shall be under the Merit System. Except as otherwise provided in this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. This section shall supersede and repeal any and all executive orders issued pursuant to Section 840-1.1 et seq. of this title to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 840-5.5 of this title, the Director of the State Department of Rehabilitation Services may establish positions in the unclassified service and place employees in the positions provided the total number of unclassified positions does not exceed fifty-two (52). This limit does not include State Department of Rehabilitation Services employees subject to Section 840-5.3 of this title.
    C.    The limit on unclassified positions provided for in subsection B of this section shall not apply to the instructional and administrative personnel at the Oklahoma School for the Blind and the Oklahoma School for the Deaf as listed in Section 1419 of Title 10 of the Oklahoma Statutes.
    D.    The limit on unclassified positions provided for in subsection B of this section shall not apply to the employees of the Disability Determination Division of the State Department of Rehabilitation Services. The Director of the State Department of Rehabilitation Services may establish positions in the unclassified service in the Disability Determination Division and may place employees in those positions provided the total number of those unclassified positions does not exceed fourteen.
    E.    Instructional and administrative personnel of the State Department of Rehabilitation Services at the Oklahoma School for the Blind and the Oklahoma School for the Deaf pursuant to Section 1419 of Title 10 of the Oklahoma Statutes shall be considered unclassified state employees solely for the purpose of entering and maintaining employment data in the state Personnel Management Information System established pursuant to Section 840-2.13 of this title, unless otherwise provided by law.

Added by Laws 1994, c. 242, § 14; Amended by Laws 1995, c. 106, § 1, eff. July 1, 1995; Amended by Laws 1995, c. 269, § 4, eff. July 1, 1995; Amended by Laws 1996, c. 327, § 3, eff. November 1, 1996; Amended by Laws 1998, c. 388, § 6, eff. July 1, 1998; Amended by Laws 2001, HB 1768, c. 381, § 15, emerg. eff. July 1, 2001; Amended by Laws 2003, HB 1415, c. 93, § 5, emerg. eff. July 1, 2003; Amended by Laws 2008, SB 1369, § 1, eff. July 1, 2008.

§74-840-5.13. Department of Environmental Quality.
    A.    The Department of Environmental Quality shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. This section shall supersede and repeal any and all executive orders issued pursuant to this act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 840-5.5 of this title, the following offices, positions and personnel shall be in the unclassified service:
            1.    Division Directors;
            2. General Counsel;
            3.    Attorneys;
            4.    Director of Public Information and Education;
            5.    Customer Service Specialists;
            6.    Senior Coordinator of Rural Solid Waste Systems Development;
            7.    Director of Support Services; and
            8.    Director of the Office of Waste Planning and Systems Development.
Added by Laws 1994, c. 242, § 15. Amended by Laws 1996, c. 327, § 4, eff. Nov. 1, 1996.

§74-840-5.13A. Temporary employees of the Department of Environmental Quality.
    With the exception of temporary employees hired through temporary personnel services agencies and temporary employees hired into positions or to perform functions that require a professional or occupational license or registration, temporary employees of the Department of Environmental Quality shall not apply against any full-time-equivalency (FTE) employee limitation imposed by law on the Department. The equivalency figure for these non-FTE temporary employees and students in the unclassified service shall not exceed eight percent (8%) of the total full-time-equivalent employee limit established for the Department.
Added by Laws 2006, c. 259, § 1, eff. July 1, 2006.

§74-840-5.14. Repealed by Laws 1996, c. 327, § 5, eff. Nov. 1, 1996.

§74-840-5.15. Office of Juvenile Affairs.
    A.    The Office of Juvenile Affairs shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated pursuant thereto. This section shall supersede and repeal any and all executive orders issued pursuant to the Oklahoma Personnel Act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 840-5.5 of this title, the Office of Juvenile Affairs may place a maximum of thirty-eight (38) employees in the unclassified service.
Added by Laws 1995, c. 352, § 196, eff. July 1, 1995. Amended by Laws 2005, c. 409, § 3, eff. Sept. 1, 2005.

§840-5.15 - Office of Juvenile Affairs – Classification.
    A.    The Office of Juvenile Affairs shall be under the Merit System. Except as otherwise provided in subsection B of this section, all offices, positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated pursuant thereto. This section shall supersede and repeal any and all executive orders issued pursuant to the Oklahoma Personnel Act to place the agency or its predecessors under the Merit System.
    B.    In addition to offices, positions and personnel that are unclassified pursuant to Section 840-5.5 of this title, the Office of Juvenile Affairs may place a maximum of forty-one (41) employees in the unclassified service.
Added by Laws 1995, HB 1978, c. 352, § 196, emerg. eff. July 1, 1995; Amended by Laws 2005, SB 226, c. 409, § 3, eff. September 1, 2005; Amended by Laws 2008, SB 1369, c. 300, § 3, emerg. eff. July 1, 2008.

§74-840-5.16 - Creation of State Work Incentive Program.

    A.    There is hereby created the State Work Incentive Program aimed at employing participants in the Temporary Assistance for Needy Families Program in Oklahoma and vocational rehabilitation clients of the State Department of Rehabilitation Services in the state service. The program shall focus on placement of persons in entry-level positions. The Department of Human Services and the State Department of Rehabilitation Services shall notify agencies in all branches of state government of this program and shall certify to appointing authorities and the Administrator of the Office of Personnel Management that a person is a participant in the Temporary Assistance for Needy Families Program or is a vocational rehabilitation client of the State Department of Rehabilitation Services before the person is eligible to be employed under the State Work Incentive Program by a state agency. Agencies shall cooperate with the Department of Human Services and the State Department of Rehabilitation Services in seeking to provide employment opportunities to persons who are participants in the Temporary Assistance for Needy Families Program or who are vocational rehabilitation clients of the State Department of Rehabilitation Services. The Department of Human Services, the State Department of Rehabilitation Services and the Office of Personnel Management shall coordinate with agencies to facilitate the transition of participants in the Temporary Assistance for Needy Families Program and vocational rehabilitation clients of the State Department of Rehabilitation Services into the State Work Incentive Program.
    B.    Agencies employing eligible persons in the State Work Incentive Program shall employ them in unclassified status for up to two (2) years in full-time or part-time capacity. State Work Incentive Program positions shall not be included within any limitation on full-time-equivalent employee positions for any agency. The service of participants shall be rated pursuant to Section 840-4.17 of this title.
    C.    Employees hired under the State Work Incentive Program are eligible for leave benefits and other benefits available to state employees, subject to other eligibility requirements, and may be reassigned or promoted while they are participating in the program.
    D.    Employees hired under the State Work Incentive Program shall be eligible for conversion to permanent classified status after two (2) years of continuous participation in the program. Such employee shall be exempt from probationary hiring procedures including, but not limited to, placement on hiring lists and certification from registers, provided the employee:
            1. Has had satisfactory performance as evidenced by service ratings conducted pursuant to Section 840-4.17 of this title; and
            2. Possesses the minimum requirements specified for an applicable job.
The Administrator of the Office of Personnel Management shall promulgate such rules as are necessary for the implementation of the State Work Incentive Program.

Added by Laws 1997, HB 1147, c. 286, § 6, emerg. eff. July 1, 1997; Amended by Laws 1999, SB 464 c. 410. § 19, eff. November 1,1999; Amended by Laws 2000, SB 825 c. 155. § 1, eff. November 1,2000; Amended by Laws 2007, SB 626, c. 342, § 5, emerg. eff. July 1, 2007.

§74-840-5.18. Oklahoma Public Employees Retirement System
Beginning on the effective date of this act, all offices, positions and personnel of the Oklahoma Public Employees Retirement System shall be in the unclassified service except as provided in Section 840-4.2 of this title. All future appointees to such offices and positions shall be in the unclassified service.

Laws 1997, c. 412, § 1, eff. July 1, 1997; Laws 1998, c. 388, § 8, eff. July 1, 1998; Laws 2008, c. 300, § 4, eff. July 1, 2008; Laws 2010, c. 392, § 2, emerg. eff. June 7, 2010.

§74-840-5.19. Ethics Commission.
    A.    The Ethics Commission shall be under the Merit System. Except as provided in subsection B of this section, all positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration as provided in the Oklahoma Personnel Act. This section shall supersede and repeal any and all executive orders issued pursuant to the Oklahoma Personnel Act to place the agency under the Merit System.
    B.    In addition to positions and personnel that are unclassified pursuant to Section 840-5.5 of Title 74 of the Oklahoma Statutes, the following offices, positions, and personnel of the Ethics Commission shall be in the unclassified service: One investigator.
Added by Laws 1998, c. 285, § 2, emerg. eff. May 27, 1998.

§74-840-5.20. State and Education Employees Group Insurance Board.
    A.    The State and Education Employees Group Insurance Board shall be under the Merit System. Except as provided in subsection B of this section, all positions and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration as provided in the Oklahoma Personnel Act. This section shall supersede and repeal any and all executive orders issued pursuant to the Oklahoma Personnel Act to place the agency under the Merit System.
    B.    In addition to positions and personnel that are unclassified pursuant to Section 840-5.5 of Title 74 of the Oklahoma Statutes, the following offices, positions, and personnel of the State and Education Employees Group Insurance Board shall be in the unclassified service:
            1.    A director of internal audit;
            2.    Two deputy administrators;
            3.    Seven assistant administrators;
            4.    One executive secretarial position to the Board;
            5.    An administrative support officer; and
            6.    Three professional-level data processing positions.
Added by Laws 1998, c. 285, § 3, emerg. eff. May 27, 1998. Amended by Laws 1999, c. 375, § 2, eff. July 1, 1999; Laws 2001, c. 195, § 1, emerg. eff. May 7, 2001.

§74-840-5.21. Oklahoma Transportation Authority.
    A.    All offices, positions, and personnel of the Oklahoma Transportation Authority shall be classified and subject to the provisions of the Merit System of Personnel Administration as provided in the Oklahoma Personnel Act. This section shall supersede and repeal any and all Executive Orders issued pursuant to the Oklahoma Personnel Act to place the Authority under the Merit System.
    B.    In addition to offices, positions, and personnel that are unclassified pursuant to Section 840-5.5 of this title, the following positions and personnel shall be in the unclassified service:
            1.    Information Technology Analysts;
            2.    Process Integration Specialists;
            3.    Project Managers;
            4.    System Integration Specialists; and
            5.    One Administrative Assistant.
Added by Laws 1998, c. 388, § 9, eff. July 1, 1998. Amended by Laws 2000, c. 336, § 10, eff. July 1, 2000.

§74-840-5.22. Repealed by Laws 2011, c. 305, § 5

§74-840-5.23. Oklahoma Motor Vehicle Commission - Unclassified service.
    All offices, positions, and personnel of the Oklahoma Motor Vehicle Commission shall be in the unclassified service. All future appointees to positions in the Oklahoma Motor Vehicle Commission shall be in the unclassified service.
Added by Laws 2001, c. 304, § 2, emerg. eff. May 31, 2001.

§ 74-840-5.24. State Election Board--Merit system
    Notwithstanding any provision of law to the contrary, the State Election Board shall be under the Merit System of Personnel Administration. Except for the Secretary of the State Election Board, the Assistant Secretary of the State Election Board, the Support Services Division Director, the Election Services Division Director, the Information Services Division Director, one Election Technology Coordinator, one Public Information Officer and one Administrative Assistant, all offices, positions, and personnel shall be classified and subject to the provisions of the Merit System of Personnel Administration and rules promulgated hereunder. Salaries and job family allocations shall be determined in accordance with Section 840-4.2 of this title. This section shall supersede and repeal any and all executive orders issued pursuant to the Oklahoma Personnel Act to place the agency or its predecessors under the Merit System.

Laws 2001, c. 381, § 16, eff. July 1, 2001; Laws 2010, c. 392, § 3, emerg. eff. June 7, 2010.

§74-840.5b. Renumbered as § 840-1.20 of this title by Laws 1994, c. 242, § 54.

§74-840.5c. Renumbered as § 840-2.13 of this title by Laws 1994, c. 242, § 54.

§74-840.5d. Renumbered as § 840-2.7 of this title by Laws 1994, c. 242, § 54.

                                                                                                                                                                                                                                                           
 
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