§75-311.1.

§75-311.1.
   
   A. The Commissioner of the State Department of Health may delegate the
   authority to issue a final agency order adverse to a party to an
   agency administrative law judge if:
   
   1. The administrative law judge has a general knowledge of the Public
   Health Code, and rules promulgated thereto;
   
   2. The administrative law judge:
   
   a. is currently licensed to practice law by the Supreme Court of this
   state,
   
   b. has a working knowledge of the Administrative Procedures Act and
   administrative rules of the State Department of Health,
   
   c. is not an owner, stockholder, employee or officer of, nor has any
   other business relationship with, any corporation, partnership, or
   other business or entity that is subject to regulation by the State
   Department of Health,
   
   d. is separate and apart from the legal division or office of general
   counsel of the State Department of Health,
   
   e. is not responsible to or subject to the supervision or direction of
   an employee or agent engaged in the performance of investigative or
   prosecuting functions for the State Department of Health, and
   
   f. has not been engaged in the performance of investigative or
   prosecuting functions for the State Department of Health regarding the
   party receiving the final agency order; and
   
   3. The Commissioner in delegating the authority to issue final agency
   orders adverse to a party pursuant to this section specifically
   designates by written agency policy and procedure the type or category
   of final agency order which may be issued by the administrative law
   judge.
   
   B. The provisions of this section shall not be construed to authorize
   or allow restraints on the authority of the Commissioner to adopt,
   reject, review, modify or correct the findings of fact and conclusions
   of law or any proposed order issued by the administrative law judge.
   
   C. When the administrative law judge issues a final agency order, that
   order becomes the final order of the State Department of Health
   without further proceeding unless there is a request for rehearing,
   reopening, or reconsideration pursuant to Section 317 of Title 75 of
   the Oklahoma Statutes or a filing for judicial review pursuant to
   Section 318 of Title 75 of the Oklahoma Statutes.