Okla. Stat. tit. 2, § 2-2A-5: Director of the Agricultural Pollutant Discharge

Elimination System.

A. The Commissioner of Agriculture shall appoint the Director

of the Agriculture Pollutant Discharge Elimination System. The

Director shall serve at the pleasure of the Commissioner.

B. The Director shall have experience in agriculture, forestry,

conservation, environmental sciences, or other areas as may be

required by the Commissioner.

C. The Director shall not be an owner, stockholder, employee or

officer of, nor have any other business relationship with or receive

compensation from, any corporation, partnership, or other business

or entity which is subject to regulation by the Department and, with

regard to the exercise of powers and duties associated with the

Oklahoma Agriculture Pollutant Discharge Elimination System Act,

shall meet all requirements of Section 304 of the federal Clean

Water Act and applicable federal regulations promulgated thereunder

by the United States Environmental Protection Agency regarding

conflict of interest.

D. 1. The Director shall have the power and duty to:

a. issue, deny, modify, amend, renew, refuse to renew,

suspend, place on probation, reinstate or revoke

licenses or permits pursuant to the provisions of the

Oklahoma Agricultural Code, and rules promulgated by

the State Board of Agriculture, and

b. issue final orders and assess administrative penalties

according to the Administrative Procedures Act, the

Oklahoma Agricultural Code, and rules promulgated by

the Board.

2. The powers and duties specified in paragraph 1 of this

subsection shall be exercised exclusively by the Director on behalf

of the Oklahoma Department of Agriculture, Food, and Forestry and

may not be delegated to other employees of the Department except as

specifically provided in the Oklahoma Agriculture Pollutant

Discharge Elimination System Act.

3. In the event of the temporary absence of the Director, the

Director may delegate the exercise of these powers and duties to an

acting director during the absence of the Director subject to an

organizational structure approved by the Commissioner. In the event

of a vacancy in the position of Director, the Commissioner may

designate an interim or acting Director who is authorized to

exercise the powers and duties until a permanent Director is

employed.

4. Any designee exercising the powers and duties of the

Director as authorized or on a temporary, acting, or interim basis

shall meet the requirements of subsection C of this section for the

Director.

5. All references in the Oklahoma Agricultural Code to the

Department with respect to the exercise of the powers and duties

specified in paragraph 1 of this subsection shall mean the exercise

of such powers and duties by the Director or authorized designee.