Okla. Stat. tit. 27A, § 27A-2-3-201: Executive Director - Appointment - Qualifications -

Power, duties and responsibilities.

A. The Environmental Quality Board shall appoint the Executive

Director of the Department of Environmental Quality. The Executive

Director shall serve at the pleasure of the Board.

B. The Executive Director shall have experience in industry,

conservation, environmental sciences or such other areas as may be

required by the Environmental Quality Board.

C. The Executive Director shall provide for the administration

of the Department and shall:

1. Be the executive officer and supervise the activities of the

Department of Environmental Quality;

2. Employ, discharge, appoint or contract with, and fix the

duties and compensation of such assistants, attorneys, chemists,

geologists, environmental professionals, medical professionals,

engineers, sanitarians, administrative, clerical and technical,

investigators, aides and such other personnel, either on a full-

time, part-time, fee or contractual basis, as in his judgment and

discretion shall be deemed necessary, expedient, convenient or

appropriate to the performance or carrying out of any of the

purposes, objectives, responsibilities or statutory provisions

relating to the Department of Environmental Quality, or to assist

the Executive Director in the performance of his official duties and

functions;

3. Establish internal policies and procedures for the proper

and efficient administration of the Department; and

4. Exercise all incidental powers which are necessary and

proper to implement the purposes of the Department pursuant to this

Code.

D. The Executive 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 of Environmental Quality and, with regard to the exercise

of powers and duties associated with the Oklahoma Pollutant

Discharge Elimination System Act, shall meet all requirements of

Section 304 of the Clean Water Act and applicable federal

regulations promulgated thereunder by the United States

Environmental Protection Agency regarding conflict of interest.

E. 1. In addition to the powers and duties specified in

subsection D of this section, the Executive Director shall have the

power and duty to:

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

suspend, reinstate or revoke licenses or permits

pursuant to the provisions of this Code, and rules

promulgated by the Board, and

b. issue final orders and assess administrative penalties

according to the Administrative Procedures Act, this

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 Executive Director

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

as specifically provided in this Code.

3. In the event of the Executive Director's temporary absence,

the Executive Director may delegate the exercise of such powers and

duties to an acting director during the Executive Director's absence

subject to an organizational structure approved by the Board. In

the event of a vacancy in the position of Executive Director, the

Board may designate an interim or acting Executive Director who is

authorized to exercise such powers and duties until a permanent

Executive Director is employed.

4. Any designee exercising such powers and duties of the

Executive Director as authorized or on a temporary, acting or

interim basis shall meet the requirements of subsection D of this

section for the Executive Director.

5. All references in this Code to the Department with respect

to the exercise of the powers and duties specified in paragraph 1 of

permanent

Executive Director is employed.

4. Any designee exercising such powers and duties of the

Executive Director as authorized or on a temporary, acting or

interim basis shall meet the requirements of subsection D of this

section for the Executive Director.

5. All references in this 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 Executive Director or his authorized designee.