{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-85.58av2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-85.58Av2","heading":"Comprehensive professional risk management program -","body":"Administrator - Participation by community action agencies.\n\nA. The Office of Management and Enterprise Services (OMES)\n\nshall establish for all state agencies, whether or not subject to\n\nthe Oklahoma Central Purchasing Act, and other entities as provided\n\nby law a comprehensive professional risk management program which\n\nshall:\n\n1. Identify and evaluate risks of loss and exposures to loss to\n\nofficers, employees and properties;\n\n2. Minimize risks through loss-prevention and loss-control\n\nprograms;\n\n3. Transfer risks, if economically advantageous to the state,\n\nby acquiring commercial insurance, contractual pass through of\n\nliability, or by other means;\n\n4. Consolidate and administer risk management plans and\n\nprograms including self-insurance programs, except State Employees\n\nGroup Insurance;\n\n5. Determine feasibility of and, if feasible, establish self-\n\ninsurance programs, considering whether a program may be self-\n\nsupporting to remain financially and actuarially sound;\n\n6. Provide a system to allocate insurance and program costs to\n\ndetermine payment for insurance coverage and program expenses\n\nprovided by the Office of Management and Enterprise Services;\n\n7. When requested by a state retirement system or the Oklahoma\n\nEmployees Insurance and Benefits Board, assist in obtaining\n\ninsurance authorized by law. If requested by the Oklahoma State\n\nRegents for Higher Education, assist trust funds for which the State\n\nRegents serve as trustees in obtaining insurance authorized by law;\n\n8. Assist state agencies and officers, employees, and members\n\nthereof, charged with licensing authority, in obtaining insurance\n\nfor liability for judgments, based on the licensing authority,\n\nrendered by any court pursuant to federal law;\n\n9. When requested by a public trust established pursuant to\n\nTitle 60 of the Oklahoma Statutes of which the State of Oklahoma is\n\nthe beneficiary, obtain, provide or assist the public trust in\n\nobtaining insurance authorized by law or trust indenture covering\n\nany board member, trustee, official, officer, employee or volunteer\n\nfor errors and omissions or liability risks arising from the\n\nperformance of official duties pursuant to law or trust indenture;\n\n10. When requested by the Oklahoma State Regents for Higher\n\nEducation, for the purpose of insuring real property required\n\npursuant to Section 4018 of Title 70 of the Oklahoma Statutes, of\n\nwhich the Oklahoma State Regents for Higher Education is the\n\nbeneficiary, obtain, provide or assist the Oklahoma State Regents\n\nfor Higher Education in obtaining insurance for the real property\n\npursuant to the provisions of this section; and\n\n11. Authorize the Risk Management Administrator to declare an\n\nemergency for the purpose of mitigating damages to any state-owned\n\nproperty insured under the comprehensive professional risk\n\nmanagement program administered by OMES.\n\nB. The Director of the Office of Management and Enterprise\n\nServices may hire or contract for the services of a Risk Management\n\nAdministrator to supervise the Comprehensive Professional Risk\n\nManagement Program established pursuant to this section. If\n\nappointed by the Director as a state employee, the Risk Management\n\nAdministrator shall be in the unclassified service.\n\nC. The Risk Management Administrator shall evaluate insurance\n\ncoverage needs and in force for state agencies, whether or not\n\nsubject to the Oklahoma Central Purchasing Act, and other entities\n\nas provided by law. All entities shall submit to the Risk\n\nManagement Administrator all information which the Risk Management\n\nAdministrator deems necessary to perform this duty.\n\nD. The Risk Management Administrator in conjunction with the\n\nState Purchasing Director under the authority of the Director of the\n\nOffice of Management and Enterprise Services may negotiate insurance\n\ncoverage and insurance-related services including, but not limited\nthe Risk\n\nManagement Administrator all information which the Risk Management\n\nAdministrator deems necessary to perform this duty.\n\nD. The Risk Management Administrator in conjunction with the\n\nState Purchasing Director under the authority of the Director of the\n\nOffice of Management and Enterprise Services may negotiate insurance\n\ncoverage and insurance-related services including, but not limited\n\nto, insurance brokerage and consulting services. The State\n\nPurchasing Director shall ensure open processes for solicitation and\n\nqualification of insurance coverage and services providers. The\n\nState Purchasing Director shall award contracts for insurance\n\ncoverage and services to the provider or providers which offer the\n\nbest and final terms and conditions. The State Purchasing Director\n\nmay authorize the Risk Management Administrator to bind for\n\ninsurance coverage with providers.\n\nE. The school districts of this state may request the Risk\n\nManagement Administrator to advise for the purchase of insurance\n\ncoverage for the school districts.\n\nF. A state agency, whether or not subject to the Oklahoma\n\nCentral Purchasing Act, that contemplates purchase of property and\n\ncasualty insurance, shall provide details of the proposed purchase\n\nto the Risk Management Administrator for approval or disapproval\n\nprior to the purchase.\n\nG. The Director of the Office of Management and Enterprise\n\nServices shall promulgate rules to effect the provisions of the\n\ncomprehensive professional risk management program.\n\nH. 1. a. Any community action agency established pursuant to\n\nSections 5035 through 5040 of this title may\n\nparticipate in the comprehensive professional risk\n\nmanagement program established pursuant to this\n\nsection for risks incurred as a result of operating a\n\nHead Start program or providing transportation\n\nservices to the public. The Risk Management\n\nAdministrator shall obtain or provide for insurance\n\ncoverage for such community action agencies or bonding\n\nfor employees of such community action agencies. Any\n\nliability insurance coverage obtained or provided\n\nshall include expenses for administrative and legal\n\nservices obtained or provided by the Risk Management\n\nAdministrator.\n\nb. The Risk Management Administrator shall determine\n\ncriteria for participation in the risk management\n\nprogram by such community action agencies. In\n\naddition, the Risk Management Administrator may\n\nrequire each such community action agency to:\n\n(1) provide adequate qualified personnel and suitable\n\nfacilities and equipment for operating a Head\n\nStart program or providing transportation\n\nservices to the public, and\n\n(2) comply with such standards as are necessary for\n\nthe protection of the clients it serves.\n\n2. To receive coverage pursuant to this section, a community\n\naction agency shall make payments for any insurance coverage and\n\nshall otherwise comply with the provisions of this section and rules\n\npromulgated by the Office pursuant to the provisions of this\n\nsection.\n\n3. Requests for the insurance coverage provided pursuant to the\n\nprovisions of this subsection shall be submitted in writing to the\n\nRisk Management Administrator by the community action agencies.\n\nI. The Risk Management Administrator may provide or obtain for\n\nany state agency, public trust with the state as a beneficiary and a\n\ndirector, officer, employee or member thereof, insurance for\n\nliability for loss, including judgments, awards, settlements, costs\n\nand legal expenses, resulting from violations of rights or\n\nprivileges secured by the Constitution or laws of the United States\n\nof America which occur while a director, officer, employee or member\n\nis acting within the scope of service to the State of Oklahoma. The\n\ninsurance shall be for coverage in excess of the limits on liability\n\nestablished by The Governmental Tort Claims Act but shall not limit\n\nor waive any immunities now or hereafter available to the State of\ncured by the Constitution or laws of the United States\n\nof America which occur while a director, officer, employee or member\n\nis acting within the scope of service to the State of Oklahoma. The\n\ninsurance shall be for coverage in excess of the limits on liability\n\nestablished by The Governmental Tort Claims Act but shall not limit\n\nor waive any immunities now or hereafter available to the State of\n\nOklahoma or any state agency, any public trust with the state as a\n\nbeneficiary, or any director, officer, employee or member thereof\n\nincluding, but not limited to, any immunities under the Eleventh\n\nAmendment to the Constitution of the United States, state sovereign\n\nimmunity, and any absolute or qualified immunity held by any\n\ndirector, officer, employee or member.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"84649ba3c1d67578b25c0260b72fafcc288f928f58d24afa19533b4db3972106","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-85.58av1","next":"us-ok/okla.-stat.-tit.-74-74-85.58b"},"notice":"GroundRules: Original legal text. Not legal advice."}