Okla. Admin. Code § 1:2021-5A

Current through Vol. 42, No. 3, October 15, 2024
Section 1:2021-5A

AMENDED EXECUTIVE ORDER 2021-5

As COVID-19's impact continues to affect our State and its citizens, it is important to continue to take measures to mitigate this threat for all. It has come to my attention that COVID-19 has contributed to unacceptable delays in the processing of licenses and other identification documents under the authority of the Department of Public Safety. It is therefore necessary to expand the flexibility of the State and political subdivisions of the State during the continuance of the State emergency as provided by this Order and pursuant to the provisions of the Oklahoma Emergency Management Act of 2003 and Executive Order 2021-07, as amended.

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, hereby direct the Department of Public Safety to waive statutory or regulatory restrictions, to the extent allowable by law, on the ability of certified Motor License Agents to issue renewals or replacements of valid, unexpired, Class A, B, or C driver licenses. Likewise, the Department of Public Safety shall waive statutory or regulatory restrictions on the ability of certified Motor License Agents to issue a lower class Oklahoma REAL ID compliant driver license or Oklahoma REAL ID non-compliant driver license in response to a voluntary downgrade from a Class A, B, or C, driver license. Nothing in this paragraph relieves the licensee from the responsibility to provide documentation required by the Department of Public Safety or the Federal Motor Carrier Safety Administration's commercial driver license requirements ( 49 C.F.R part 383).

This Order directs the Department of Public Safety to waive statutory or regulatory restrictions, to the extent allowable by law, on the ability of certified Motor License Agents to issue an Oklahoma REAL ID compliant, or Oklahoma REAL ID non-compliant identification card, as long as the person requesting the identification card has an existing Oklahoma driver license file. A licensee whose record reflects a notation of the person's proof of legal presence, verified by the U.S. Department of Homeland Security, or proof of U.S. citizenship, may obtain a REAL ID compliant identification card, or non-compliant identification card, regardless of the status of the license held by the licensee. Provided, the licensee must comply with all REAL ID documentation requirements to obtain a REAL ID compliant identification card. Nothing in this paragraph relieves the person requesting the identification card from the responsibility to provide documentation required by the Department of Public Safety for the issuance of an identification card.

This Order directs the Department of Public Safety to waive statutory or regulatory restrictions, to the extent allowable by law, on the ability of certified Third-Party Examiners to administer a skills test to any applicant applying for a Class A, B, or C commercial driver license. However, if the applicant is applying for a Class B commercial driver license with an "S" endorsement, or Class C commercial driver license with an "S" endorsement, the applicant shall provide, to the Third-Party Examiner, proof of training from a school district recognized by the State Department of Education, or a technology center school recognized by the State Board of Career and Technology Education.

This Order authorizes the Department of Public Safety to execute agreement(s) with an institution of higher education, a technology center school recognized by the Oklahoma Board of Career and Technology Education, or a public school district recognized by the Oklahoma Department of Education, to proctor Class A, B, C, or D written driver license examinations. Provided, however, any agreements entered pursuant to this paragraph must provide for protection of applicant data and protection of the integrity of the test and testing process, as determined by the Department. The applicant is responsible for any fees associated with the proctoring of the examination. This order suspends Department of Public Safety rules requiring an applicant to submit an application for a driver license prior to taking a written examination. The applicant may submit a record of passing the written examination to the Department at the time of completing the application.

This Order shall be effective until the end of 30 days after the filing of this Order.

Copies of this Executive Order shall be distributed to the Commissioner of the Oklahoma Department of Public Safety, the Oklahoma Department of Career and Technology Education, the State Department of Education, and to the State Chief Operating Officer, who shall cause the provisions of this Executive Order to be implemented.

IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma this 12 th day of March, 2021.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

J. Kevin Stitt

ATTEST:

Brian Bingman

Secretary of State

Okla. Admin. Code § 1:2021-5A

Adopted by Oklahoma Register, Volume 38, Issue 14, April 1, 2021, eff. 3/12/2021