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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 145. Oklahoma Department of Emergency Management |
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Chapter 10. Gubernatorial Declarations for Disaster Assistance |
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Subchapter 3. The Declaration Process |
SECTION 145:10-3-4. Requests for emergency declarations
Latest version.
- (a) When an incident occurs or threatens to occur in the State, which would not qualify under the definition of a major disaster, the eligible Applicant's highest elected official, or his/her representative in his/her absence, may request that the Governor declare an emergency. The eligible Applicant's highest elected official should submit the request to the Governor through the Director to ensure prompt acknowledgment and processing.(b) The basis for the eligible Applicant's highest elected officials request must be the finding that the situation:(1) Is of such severity and magnitude that effective response is beyond the capability of the eligible Applicant(s) and(2) Requires supplementary State emergency assistance to save lives and to protect property, public health and safety, or to lessen or avert the threat of a disaster.(c) In addition to the findings in (b) of this Section, the complete request shall include:(1) Confirmation that the eligible Applicant has taken appropriate action and directed the execution of the emergency plan;(2) Information describing the efforts and resources which have been or will be used to alleviate the emergency;(3) Information describing other efforts and resources which have been or will be used in responding to this incident.(d) The requirement for a request under subsection (a) of this section can be waived when an emergency exists for which the primary responsibility rests in the State government because the emergency involves a subject area for which, under the Constitution or laws of the State of Oklahoma exercises exclusive or preeminent responsibility and authority. Any party may bring the existence of such a situation to the attention of the OEM Director. In determining that such an emergency exists, the Director shall consult the Governor.(e) It is not intended for an emergency declaration to preempt other state authorities and/or established plans and response mechanisms in place prior to the enactment of the act.(f) The request must be submitted within 30 days after the occurrence of the incident in order to be considered.