{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-2-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-2-105","heading":"Personnel of Highway Patrol Division - Qualifications -","body":"Probationary period - Suspension or dismissal - Transfer -\n\nGrievances - Uniforms – Top-ranking officers - Training and expenses\n\n- Reinstatement.\n\nA. The Commissioner of Public Safety, subject to the Oklahoma\n\nPersonnel Act, shall appoint:\n\n1. A Chief of the Oklahoma Highway Patrol Division with the\n\nrank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol\n\nDivision with the rank of Lieutenant Colonel, and subordinate\n\nofficers and employees of the Oklahoma Highway Patrol Division,\n\nincluding Majors, Captains, Lieutenants, and Highway Patrolmen with\n\nthe rank of Trooper, who shall comprise the Oklahoma Highway Patrol\n\nDivision of the Department of Public Safety; provided, any officer\n\nappointed to a commissioned position prescribed in this paragraph\n\nwhich is unclassified pursuant to Section 840-5.5 of Title 74 of the\n\nOklahoma Statutes shall have a right of return to the highest\n\npreviously held classified commissioned position within the Oklahoma\n\nHighway Patrol Division of the Department of Public Safety without\n\nany loss of rights, privileges or benefits immediately upon\n\ncompletion of the duties in the unclassified commissioned position;\n\n2. A Captain, Lieutenants, and Patrolmen who shall comprise the\n\nMarine Enforcement Section of the Oklahoma Highway Patrol Division\n\nof the Department of Public Safety;\n\n3. A Captain, Lieutenants, and Patrolmen, who shall comprise\n\nthe Capitol Patrol Section of the Oklahoma Highway Patrol Division\n\nof the Department of Public Safety; and\n\n4. Communications Coordinators, Communications Superintendents,\n\nCommunications Supervisors, Communications Dispatchers, Radio\n\nTechnicians and Tower Maintenance Officers who shall comprise the\n\nCommunications Division of the Department of Public Safety.\n\nB. No person shall be appointed to any position set out in\n\nsubsection A of this section unless the person is a citizen of the\n\nUnited States and of good moral character. The Commissioner shall\n\ndetermine minimum qualifications for all positions set out in\n\nsubsection A of this section, provided such qualifications shall\n\ninclude, but are not limited to, the following:\n\n1. For commissioned officer positions:\n\na. appointees shall be selected only after examination to\n\ndetermine physical and mental fitness for such\n\npositions. The examination criteria shall be\n\nprescribed by the Commissioner,\n\nb. appointees shall be at least twenty-one (21) years of\n\nage but less than forty-six (46) years of age,\n\nc. prior to receiving a commission, all such appointees\n\nshall satisfactorily complete a course of training in\n\noperations and procedures as prescribed by the\n\nCommissioner, and\n\nd. prior to receiving a commission, all such appointees\n\nshall possess an associate's degree or a minimum of\n\nsixty-two (62) successfully completed semester hours\n\nfrom an accredited college or university as denoted in\n\nthe Database of Accredited Postsecondary Institutions\n\nand Programs provided by the U.S. Department of\n\nEducation and whose hours are transferable between\n\nsuch recognized institutions. Prior years of military\n\nor law enforcement service shall qualify as a\n\nsubstitute for the educational requirement, up to a\n\nmaximum of thirty (30) semester hours, for any\n\ncombination of the following:\n\n(1) ten (10) semester hours for each year of\n\nhonorable service in any active military or\n\nreserve military service,\n\n(2) ten (10) semester hours for each year the\n\nappointee worked as a paid, full-time, CLEET-\n\ncertified law enforcement officer of a law\n\nenforcement agency within the State of Oklahoma,\n\nor\nr any\n\ncombination of the following:\n\n(1) ten (10) semester hours for each year of\n\nhonorable service in any active military or\n\nreserve military service,\n\n(2) ten (10) semester hours for each year the\n\nappointee worked as a paid, full-time, CLEET-\n\ncertified law enforcement officer of a law\n\nenforcement agency within the State of Oklahoma,\n\nor\n\n(3) ten (10) semester hours for each year the\n\nappointee worked as a paid, full-time sworn law\n\nenforcement officer certified by a state peace\n\nofficer standards and training agency as a peace\n\nofficer in another state, or any officer who has\n\nbeen certified as a federal peace officer by a\n\nCLEET-recognized law enforcement agency; and\n\n2. Any person appointed to a position in the Communications\n\nDivision shall be at least eighteen (18) years of age and shall\n\npossess a high school diploma or General Educational Development\n\nequivalency certificate.\n\nC. 1. Upon initial appointment to the position of Cadet\n\nHighway Patrolman or Probationary Communications Dispatcher, the\n\nappointed employee shall be required to serve an initial\n\nprobationary period of twelve (12) months. The Commissioner may\n\nextend the probationary period for up to three (3) additional months\n\nprovided that the employee and the Office of Management and\n\nEnterprise Services are notified in writing as to such action and\n\nthe reasons thereof. During such probationary period, the employee\n\nmay be terminated at any time and for any reason at the discretion\n\nof the Commissioner. Retention in the service after expiration of\n\nthe initial probationary period shall entitle such employee to be\n\nclassified as a permanent employee and the employee shall be so\n\nclassified. No permanent employee may be discharged or removed\n\nexcept as provided for in this section.\n\n2. A commissioned officer of the Oklahoma Highway Patrol\n\nDivision may be promoted during the initial probationary period if\n\nsuch officer satisfactorily completes all training requirements\n\nprescribed by the Commissioner.\n\nD. 1. No commissioned officer of the Department shall be a\n\ncandidate for any political office or take part in or contribute any\n\nmoney or other thing of value, directly or indirectly, to any\n\npolitical campaign or to any candidate for public office. Anyone\n\nconvicted of violating the provisions of this paragraph shall be\n\nguilty of a misdemeanor and shall be punished as provided by law.\n\n2. No commissioned officer of the Department, while in the\n\nperformance of the officer's assigned duty of providing security and\n\nprotection, shall be considered as participating in a political\n\ncampaign. The provisions of this paragraph shall not be construed\n\nto preclude a commissioned officer of the Oklahoma Highway Patrol\n\nDivision of the Department of Public Safety from being a candidate\n\nfor a position on a local board of education.\n\n3. The Commissioner or any employee of the Department shall not\n\nbe a candidate for any political office, or in any way be active or\n\nparticipate in any political contest of any Primary, General, or\n\nSpecial Election, except to cast a ballot.\n\nE. Drunkenness or being under the influence of intoxicating\n\nsubstances shall be sufficient grounds for the removal of any\n\ncommissioned officer of the Department, as provided for in this\n\nsection.\n\nF. 1. No permanent employee, as provided for in this section,\n\nwho is a commissioned officer of the Department, may be suspended\n\nwithout pay or dismissed unless the employee has been notified in\n\nwriting by the Commissioner of such intended action and the reasons\n\nthereof. No such notice shall be given by the Commissioner unless\n\nsworn charges or statements have been obtained to justify the\n\naction.\n\n2. Whenever such charges are preferred, the Commissioner may\n\nsuspend the accused pending the hearing and final determination of\nhout pay or dismissed unless the employee has been notified in\n\nwriting by the Commissioner of such intended action and the reasons\n\nthereof. No such notice shall be given by the Commissioner unless\n\nsworn charges or statements have been obtained to justify the\n\naction.\n\n2. Whenever such charges are preferred, the Commissioner may\n\nsuspend the accused pending the hearing and final determination of\n\nsuch charges. If the charges are not sustained in whole or in part,\n\nthe accused shall be entitled to pay during the period of such\n\nsuspension. If the charges are sustained in whole or in part, the\n\naccused shall not receive any pay for the period of such suspension.\n\n3. Commissioned officers of the Department of Public Safety are\n\nnot entitled to appeal intra-agency transfer to the Oklahoma Merit\n\nProtection Commission pursuant to the Oklahoma Personnel Act unless\n\nthe transfer is in violation of Section 840-2.5 or 840-2.9 of Title\n\n74 of the Oklahoma Statutes.\n\n4. The Department of Public Safety shall follow the uniform\n\ngrievance procedure established and adopted by the Office of\n\nManagement and Enterprise Services for permanent classified\n\nemployees, except for those employees who are commissioned officers\n\nof the Department. The Department of Public Safety shall establish\n\nand adopt a proprietary grievance procedure for commissioned\n\nofficers of the Department which is otherwise in compliance with the\n\nprovisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.\n\nG. 1. The Commissioner is hereby authorized to purchase and\n\nissue uniforms and necessary equipment for all commissioned officers\n\nof the Oklahoma Highway Patrol Division of the Department. All\n\nuniforms and equipment shall be used only in the performance of the\n\nofficial duties of such officers and shall remain the property of\n\nthe Department, except as provided in Section 2-150 of this title.\n\n2. Each commissioned officer of the Highway Patrol Division of\n\nthe Department of Public Safety shall be entitled to reimbursement\n\nof expenses pursuant to the State Travel Reimbursement Act while\n\naway from the assigned area of the officer as designated by the\n\nChief of the Oklahoma Highway Patrol Division, when such expense is\n\nincurred in the service of the state.\n\nH. 1. The positions with the rank of Colonel and Lieutenant\n\nColonel of the Oklahoma Highway Patrol Division shall be filled from\n\nthe body of commissioned officers of the Oklahoma Highway Patrol\n\nDivision and appointment to said positions shall be based on\n\nqualifications, previous record as a commissioned officer of the\n\nOklahoma Highway Patrol Division, length of service, years of\n\nexperience within the Oklahoma Highway Patrol Division or other\n\nservice as prescribed in this subsection, and efficiency of service\n\nperformed.\n\n2. In addition to the requirements of paragraph 1 of this\n\nsubsection, the position of Chief of the Oklahoma Highway Patrol\n\nDivision shall be based on one of the following:\n\na. one (1) year of experience in any combination:\n\n(1) as Commissioner of Public Safety,\n\n(2) as Assistant Commissioner of Public Safety, or\n\n(3) as Assistant Chief,\n\nb. two (2) years of experience in any combination:\n\n(1) as Deputy Chief or higher rank, or\n\n(2) if the experience was prior to April 21, 2006, as\n\nMajor or higher rank,\n\nc. four (4) years of experience in any combination:\n\n(1) as Major or higher rank, or\n\n(2) if the experience was prior to April 21, 2006, as\n\nCaptain or higher rank, or\n\nd. six (6) years of experience in any combination:\n\n(1) as Captain or higher rank, or\n\n(2) if the experience was prior to April 21, 2006, as\n\nFirst Lieutenant or higher rank.\n\n3. In addition to the requirements of paragraph 1 of this\n\nsubsection, the position of Deputy Chief of the Oklahoma Highway\n\nPatrol Division shall be based on one of the following:\n\na. one (1) year of experience in any combination:\n\n(1) as Commissioner of Public Safety,\nion:\n\n(1) as Captain or higher rank, or\n\n(2) if the experience was prior to April 21, 2006, as\n\nFirst Lieutenant or higher rank.\n\n3. In addition to the requirements of paragraph 1 of this\n\nsubsection, the position of Deputy Chief of the Oklahoma Highway\n\nPatrol Division shall be based on one of the following:\n\na. one (1) year of experience in any combination:\n\n(1) as Commissioner of Public Safety,\n\n(2) as Assistant Commissioner of Public Safety, or\n\n(3) as Colonel,\n\nb. two (2) years of experience in any combination:\n\n(1) as Major or higher rank, or\n\n(2) if the experience was prior to April 21, 2006, as\n\nCaptain or higher rank, or\n\nc. four (4) years of experience in any combination:\n\n(1) as Captain or higher rank, or\n\n(2) if the experience was prior to April 21, 2006, as\n\nHighway Patrol First Lieutenant or higher rank.\n\nI. The Commissioner of Public Safety is hereby authorized to\n\nsend employees of the Department of Public Safety to schools such as\n\nNorthwestern University Center for Public Safety, Southern Police\n\nInstitute, the FBI National Academy, the Institute of Police\n\nTechnology and Management, or to any other schools of similar\n\ntraining which would be conducive to improving the efficiency of the\n\nOklahoma Highway Patrol Division and the Department of Public\n\nSafety. While an employee is attending a school, the Commissioner\n\nis authorized to permit the employee to use a state-owned vehicle\n\nand to use a fuel-purchasing card for any expenses related to the\n\noperation of the vehicle. In addition, while an employee is\n\nattending the FBI National Academy, a one-time expense allowance of\n\nTwo Thousand Dollars ($2,000.00) for uniforms, fees, travel, room\n\nand board, and other related expenses shall be paid to the employee\n\nby the Department; provided, the employee shall not be further\n\ncompensated through the State Travel Reimbursement Act, and, if any\n\nother agency reimburses the employee for any expenses, the\n\nreimbursement shall be given to the Department. All purchases made\n\nby the employee with the expense allowance shall be considered\n\nproperty of the employee.\n\nJ. 1. Any former commissioned officer of the Department whose\n\nseparation from the Department was at such officer's own request and\n\nnot a result of such officer's own actions contrary to the policy of\n\nthe Department or was not as a result of the retirement of that\n\nofficer from the Department may make application for reinstatement\n\nas a commissioned officer of the division or section of the\n\nDepartment in which such officer was previously employed, provided\n\nsuch reinstated officer will be able to complete twenty (20) years\n\nof credited service by the time the reinstated officer reaches\n\nsixty-two (62) years of age. The Commissioner may waive the\n\nrequirements of possessing the number of semester hours or degree as\n\nrequired in subsection B of this section for any former commissioned\n\nofficer making application for reinstatement as a commissioned\n\nofficer of the Department. The Commissioner may require the\n\napplicant for reinstatement to attend selected courses of\n\ninstruction, as prescribed by the Commissioner.\n\n2. In the event of future hostilities wherein the Congress of\n\nthe United States declares this nation in a state of war with a\n\nforeign nation, including military service brought about by the\n\nVietnam War, any period of military service served by a commissioned\n\nofficer of the Department shall be considered as continued service\n\nwith such Department, provided such commissioned officer returns to\n\nduty with the Department within sixty (60) days after release from\n\nmilitary service.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5975cb9ce9c2cce2cfea18124318b31735f782b12846f56f2f159e223e883102","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-2-104","next":"us-ok/okla.-stat.-tit.-47-47-2-105.2"},"notice":"GroundRules: Original legal text. Not legal advice."}