Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2015-33

Current through Vol. 41, No. 20, July 1, 2024
I, Mary Fallin, Governor of the State of Oklahoma, pursuant to
			 the power and authority vested in me by Section 2 of Article VI of the Oklahoma
			 Constitution, hereby order all state boards who have a majority of members who
			 are participants of markets that are directly or indirectly controlled by the
			 board, to immediately implement and adopt the following procedures.
Attorney General Guidance
Attorney General Scott Pruitt issued a letter to this office on
			 July 6, 2015, recommending reform of certain current practices by Oklahoma
			 licensing boards , in light of the recent opinion of the United States Supreme
			 Court in
North Carolina State Board of Dental Examiners v. Federal
			 Trade Commission
.The Attorney General advised that any state board
			 that has a majority of its members who are participants of markets that are
			 directly or indirectly controlled by the board would be subject to possible
			 suit for violations of antitrust law. The Attorney General opined that Oklahoma
			 must implement procedures for those boards with a majority of such members that
			 demonstrate active supervision by the State by a politically accountable state
			 actor who has the power to review, veto and modify board decisions.
Administrative Rules
The Attorney General has reviewed the rulemaking powers of such
			 boards and concluded that sufficient statutory safeguards are currently in
			 place to prevent exposure to possible suit for violations of antitrust or other
			 anti-competitive laws. The
Oklahoma Administrative Procedures Act and
			 Executive Order 2013-34
clearly establish procedures that demonstrate
			 active supervision by the Governor and Legislature who are compromised of
			 politically accountable actors. Both the Governor and the Legislature have the
			 power to review, veto and modify board administrative rules.
Other Board Licensure or Prohibition
			 Actions
The Attorney General has concluded that licensure or prohibition
			 actions (other than rulemaking) have insufficient procedures to demonstrate
			 active supervision of boards with a majority of members who are participants of
			 markets that are directly or indirectly controlled by the board. The Attorney
			 General recommended that a single state agency be clearly established as the
			 politically accountable actor with the power to review, veto and modify board
			 licensure or prohibition actions.
The agency best equipped to assume these duties is the Office of
			 the Attorney General. It is the Office of the Attorney General that has the
			 ultimate responsibility for review of violations of antitrust statutes. It is
			 the Office of the Attorney General that is charged with the responsibility to
			 enjoin and enforce the
Oklahoma Antitrust Reform Act
(79 O.S.
			 §§
							201 et
			 seq.) and the
Oklahoma Consumer Protection Act
(15 O.S.
			 §§
							751 et
			 seq.). The Office of the Attorney General is also the entity that provides
			 legal advice to most boards and agencies. See 74 O.S. §
							18c.
Therefore, I hereby order that
all non-rulemaking
			 actions
proposed by any state board on which, a majority of its
			 members are participants in the same market that the board regulates:
1. All proposed licensure or prohibition
		  actions shall be submitted to the Office of the Attorney General for review and
		  written analysis of possible violation of law;
2. Upon receipt of the written analysis
		  provided by the Office of the Attorney General, the board shall defer to any
		  recommended modification, including rescinding the proposed action;
		  and
3. Failure to follow the
		  written analysis provided by the Office of the Attorney General shall
		  constitute misconduct and shall subject such board member(s) to removal for
		  cause by the appointing authority.
This Executive Order shall be distributed to all members of the
			 Governor's Executive Cabinet and the chief executives of all state agencies,
			 who shall cause the provisions of this Order to be implemented.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal
			 of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this
			 17th day of July, 2015.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
LeeAnn M. Hayes
Acting Assistant Secretary of State