A. There is hereby re-created to continue until July 1, 2023, in accordance with the Oklahoma Sunset Law the Oklahoma Abstractors Board. Beginning January 1, 2008, the Oklahoma Abstractors Board shall have the total responsibility of administering and enforcing the Oklahoma Abstractors Act.
B. The Board shall have the power and duty to prescribe, promulgate and implement rules as deemed necessary to implement all the provisions of the Oklahoma Abstractors Act.
C. The Board shall have the power and duty to obtain and secure an office in Oklahoma City, and employ, direct, discharge, and define the duties and set the salaries of employees of the Board, including an executive director, as are necessary to implement the provisions of the Oklahoma Abstractors Act.
D. The Board shall consist of nine (9) members who shall be appointed by the Governor and confirmed by the Senate:
1. Six of the members shall be residents of this state who are either a holder of a current valid Certificate of Authority or an employee of a holder of a current valid Certificate of Authority for not less than five (5) years in a county in the district from which the member is appointed prior to appointment. One member shall be appointed from each of the following districts:
District 1: Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey, Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills, Texas, Woods, and Woodward Counties.
District 2: Beckham, Caddo, Carter, Comanche, Cotton, Garvin, Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain, Murray, Stephens, Tillman, and Washita Counties.
District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.
District 4: Adair, Cherokee, Craig, Delaware, Kay, Mayes, Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne, Sequoyah, and Washington Counties.
District 5: Creek, Lincoln, Rogers, Tulsa, and Wagoner Counties.
District 6: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, LeFlore, McIntosh, Marshall, McCurtain, Okfuskee, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, and Seminole Counties;
2. One member shall be a resident of this state who has been a licensed real estate broker in Oklahoma for not less than five (5) years;
3. One member shall be an attorney who is a resident of this state who has been licensed to practice in Oklahoma for not less than five (5) years; and
4. One member shall be a resident of this state who has been an officer in a bank in Oklahoma for not less than five (5) years.
E. The Governor shall make the initial appointments to the Board within ninety (90) days of the effective date of this act:
1. The initial appointments for the members of the Board shall be as follows:
2. Thereafter, all members shall serve four-year terms.
F. Each member shall hold office until the expiration of the term of office for which appointed or until a successor has been appointed and confirmed:
1. Vacancies on the Board due to death, resignation, or removal occurring during a term shall be filled by the Governor for the unexpired portion of the term in a manner as provided for regular appointments to the Board;
2. Members filling the remainder of an unexpired term shall assume office immediately upon appointment by the Governor and shall serve until confirmation or denial of confirmation by the Senate; and
3. A member may be reappointed to the Board, but shall not serve more than two consecutive terms. A member that has previously served two consecutive terms may be reappointed after the expiration of at least one full term.
G. Members of the Board shall receive no salary or compensation for service on the Board, but shall be reimbursed for travel expenses incurred on behalf of their service on the Board pursuant to the State Travel Reimbursement Act.
H. Members may be removed from office by the Governor:
1. For inefficiency, neglect of duty, or malfeasance in office in the manner provided for by law for the removal of officers not subject to impeachment;
2. For cause which shall include, but not be limited to:
3. Upon being found guilty, through due process, of malfeasance, misfeasance or nonfeasance in relation to Board duties; or
4. Upon being found mentally incompetent by a court of competent jurisdiction.
I. Removal pursuant to the provisions of subsection H of this section shall be accomplished in the following manner:
1. After a majority vote of the remaining members setting out the dates of absences or other grounds for removal and the fact of the disqualification of the member, a written notification of the said vote shall be sent to the Governor; and
2. Upon receipt of the written notification, the Governor, after a hearing conducted in accordance with the provisions of the Administrative Procedures Act, may remove any member of the Board for any of the reasons set out in the notice from the Board or for any other reason specified in this act, provided:
Added by Laws 2007, c. 359, § 3, eff. July 1, 2007. Amended by Laws 2013, c. 350, § 1; Laws 2019, c. 44, § 1; Laws 2020, c. 116, § 12, eff. July 1, 2020; Laws 2021, c. 456, § 1, eff. Nov. 1, 2021.