Okla. Admin. Code § 1:2024-13

Current through Vol. 42, No. 3, October 15, 2024
Section 1:2024-13

EXECUTIVE ORDER 2024-13

WHEREAS, eliminating barriers to economic development, breaking the red tape that hinders job creation, and expanding professional opportunities remain priorities for my administration; and

WHEREAS, increasing the efficiency in the processing and approval of state-issued permits will remove unnecessary barriers for those seeking to do business in Oklahoma.

NOW THEREFORE, I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power and authority vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution, and to the fullest extent permitted by law, hereby order as follows:

1. Each "state agency"1 (hereinafter "Agency") that issues permits shall compile an electronic catalog2 of the types of permits it issues and electronically submit that catalog to the Executive Director of the Office of Management and Enterprise Services ("OMES") within ninety (90) days of the effective date of this Executive Order. At minimum, the catalog shall include:
a. A description of each type of permit issued by the Agency, the term thereof, and the statutory, regulatory, or other basis therefor;
b. The method by which the Agency receives applications for each type of permit (e.g., paper, electronic, etc.) and when that method was last significantly updated;
c. The statutory, regulatory, or other basis governing the length of time within which the Agency must process applications for each type of permit;
d. Any fee charged by the Agency for each type of permit and the statutory, regulatory, or other basis therefor;
e. For Calendar Year 2023, (1) the average number of days to process each type of permit application and (2) the total number of each type of permit submitted to the Agency; and, for Calendar Year 2024 YTD, the same; and
f. The Agency's recommendation of the appropriate length of time to promptly process "completed" applications for each type of permit issued by the Agency. Except as explicitly provided by law otherwise, an application shall be deemed completed for purposes of calculating appropriate processing times at the time the applicant submits all information required by the Agency to act upon the application.
2. Following receipt and review of an Agency's catalogs, historical analyses, and recommendations, the Director of OMES, in conjunction with the Office of the Governor, the State Chief Transformation and Information Officers, and all cabinet secretaries and chief advisors3 shall:
a. Establish recommended, efficient application processing times for each Agency's various types of permits;
b. Review existing methods used to apply for permits and offer recommendations on specific digital services to expedite application processing times; and
c. Within one hundred twenty (120) days of the receipt of an Agency's catalogs, historical analyses, and recommendations, the Director of OMES shall transmit and publish for public viewing an electronic catalog of (1) recommended application processing times and (2) specific digital services that would better serve the Agency and all those seeking to do business in Oklahoma.
3. Beginning thirty (30) days after the Director of OMES transmits and publishes the electronic catalog described in Section 2(c) above, each Agency shall, to the fullest extent permitted by law, comply with the recommended application processing times for each type of permit issued by the Agency. If an Agency exceeds the recommended application processing time, the Agency shall, unless otherwise prohibited by law, refund the full amount of the application fee to the applicant. The refund shall have no bearing on the disposition of the underlying application.
4. Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted to an Agency by the Oklahoma Constitution, the Oklahoma Statutes, or the Oklahoma Administrative Code. Further, this Executive Order does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State, its Agencies or agents, or any other person.
5. If any provision of this Executive Order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this Executive Order and the applicability of its other provisions to any other persons or circumstances shall not be affected thereby.
6. This Executive Order shall be distributed to the Director of OMES, the State Chief Transformation and Information Officers, and all cabinet secretaries.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 17th day of June, 2024.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

J. KEVIN STITT

ATTEST:

Josh Cockroft

SECRETARY OF STATE

Okla. Admin. Code § 1:2024-13

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 6/18/2024

1 In this Executive Order, "state agency" means, as it does in 61 O.S. § 327(A), "any department, board, commission, institution, or agency or entity of state government."

2 An electronic catalog template will be distributed to Agency heads along with a copy of this Order.

3 Cabinet secretaries and chief advisors to the Governor shall serve in an advisory capacity.