SECTION 340:100-1-3. Legal base

(a)   An Act of the Twenty-Ninth Session of the Oklahoma Legislature, House Bill 789, effective July 1, 1963, transferred administration of the three State Institutions for the Mentally Retarded (the Northern Oklahoma Resource Center of Enid, the Southern Oklahoma Resource Center of Pauls Valley, and the Hissom Memorial Center at Sand Springs) from the Mental Health Board, Department of Mental Health and Mental Retardation, to the Oklahoma Commission for Human Services.

(b)   In prescribing the duties of the Oklahoma Commission for Human Services, the Constitution of the State of Oklahoma, Article XXV, Section 4, includes the following: The Commission shall formulate the polices, and adopt rules and regulations for the effective administration of the duties of the Department.

(c)   In relation to the rule-making authority of the Commission, House Bill 789, now codified at 10 O.S.A., Section 1406 et. seq., included in regard to programs and institutions for the mentally retarded the following:

(1)   Section 305.

(A)   The Commission is authorized and directed to promulgate and adopt all rules and regulations necessary to carry out the provisions of this Act.

(B)   The Commission shall establish and maintain such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis) as are necessary for the proper and efficient administration of the programs and institutions named in Section 1 of the Act; shall maintain records and prepare reports; shall prescribe a uniform accounting system; and shall exercise any other posers necessary to carry out the provisions of this Act.

(2)   Section 310. Release of a pupil from any of the institutions named in Section 1 of Act shall be made subject to such circumstances and conditions as may be prescribed by the Commission relating to release.

[Source: Amended at 11 Ok Reg 177, eff 10-11-93 (emergency); Amended at 11 Ok Reg 2303, eff 5-26-94]