Oklahoma Statutes
Title 44. Militia
§44-4323. Action for relief – Referral to district attorney.

A. Action for relief. 1. A person who receives from the Commissioner of Labor a notification pursuant to subsection E of Section 16 of this act of an unsuccessful effort to resolve a complaint relating to a state government employer may request that the Commissioner refer the complaint to the district attorney with relevant jurisdiction. The Commissioner shall refer the complaint to the district attorney with relevant jurisdiction not later than sixty (60) days after receiving the request. If the district attorney is reasonably satisfied that the complainant is entitled to the rights or benefits sought, the district attorney may appear on behalf of, and act as attorney for, the complainant and commence an action for relief under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.

2. Not later than sixty (60) days after the date the district attorney receives a referral as provided in paragraph 1 of this subsection, the district attorney shall:
3. A person may commence an action for relief based on a complaint against a state government employer or a private employer if the person:
B. Jurisdiction. In an action against a state government employer or a private employer commenced by the district attorney, the district courts shall have jurisdiction over the action.
C. Venue. 1. In an action by a district attorney against a state government employer, the action may proceed in the district court of the county where the complainant resides or was previously assigned for duty as a state employee immediately prior to service in the state military forces.
2. In an action by a district attorney against a private employer, the action may proceed in the district court of the county where the private employer of the complainant maintains a place of business.
D. Remedies. 1. In any action pursuant to this section, the court may award any or all of the following types of relief by requiring the employer to:
2.a.Any compensation awarded pursuant to this subsection shall be in addition to, and shall not diminish, any of the other rights and benefits provided for under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
3. The State of Oklahoma shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section.
E. Equity powers. The court shall use, if it deems appropriate, its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
F. Standing. An action pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act may be initiated only by a person claiming rights or benefits as provided in the act under subsection A of this section or by the State of Oklahoma under paragraphs 1 and 2 of subsection A of this section.
G. Respondent. In any action pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act, only an employer or a potential employer shall be a necessary party respondent.
H. Fees and court costs. 1. No fees or court costs shall be charged against or imposed upon any person claiming rights under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
2. In any action or proceeding to enforce a provision of the Oklahoma Uniformed Services Employment and Reemployment Rights Act by a complainant who obtained private counsel for an action or proceeding, the court may award a prevailing complainant reasonable attorney fees, expert witness fees, and other litigation expenses.
I. Definition. As used in this section, "private employer" includes the political subdivisions of the State of Oklahoma as defined in Section 5 of this act.
Added by Laws 2021, c. 122, § 17, emerg. eff. April 21, 2021.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 44. Militia

§44-1. Short title.

§44-3. Reference to repealed clauses.

§44-4. Partial invalidity.

§44-6. Honorary staff of the Governor.

§44-21. Military Department.

§44-21.1. Personnel - Unclassified service.

§44-22. Administration of military matters.

§44-23. Governor as Commander in Chief - Powers - Armed military forces from other state or territory - Independent military organizations.

§44-24. Adjutant General - Eligibility - Appointment.

§44-25. Rank of Adjutant General - Assistants.

§44-26. Duties of the Adjutant General.

§44-26.1. Financial donations to the Adjutant General.

§44-26.2. Requests from Adjutant General for confidential criminal justice information in administrative or court-martial actions.

§44-27. Compensation of personnel.

§44-28. Petty cash fund.

§44-41. Composition of Militia - Classes.

§44-43. Eligibility as commissioned officers - Qualifications.

§44-45. Oath of commissioned officers.

§44-47. Period of enlistment - Qualifications - Reenlistment - Oath - Relinquishment of custody of minor child.

§44-48. Discharge of enlisted men.

§44-49. Application of Army customs - Regulations and usage.

§44-71. Duty to attend assembly - Refusal of employer to permit attendance - Drills, exercises, etc.

§44-72. Ordering into active service.

§44-73. Local commanding officer - Order into service in emergency.

§44-74. Compensation and benefits.

§44-75. Hospital and medical treatment.

§44-77. State funding for insurance premiums.

§44-111. Public property - Liability of commanding officer - Liability of person responsible for loss, damage or destruction - Apprehension and prosecution of persons absconding.

§44-112. Suits for recovery of property.

§44-113. Seizure and report of property illegally possessed, etc.

§44-114. Accounts - Settlement.

§44-115. Bond of officers accountable for or receiving military property.

§44-116. Accounting by officer before receiving payments.

§44-117. Issue and use of property.

§44-192. Rules and procedures for establishing and awarding medals, ribbons, and certificates.

§44-208. Discrimination against officers or enlisted members - Places of entertainment or amusement - Discharge or hindrance of duties by employers.

§44-208.1. Civil law protections - Servicemembers Civil Relief Act.

§44-209. Leave of absence to public officers and employees.

§44-210. Assault on member or body of National Guard or person assisting them.

§44-211. Martial law - Arrests and subpoenas.

§44-212. Deadly force – Immunity from personal liability.

§44-213. Exemption from taxation of military property - Free use of municipally owned public utilities.

§44-218. Acceptance or purchase of title to real estate.

§44-219. State not to be financially responsible.

§44-220. Building and loan association loans authorized.

§44-221. Provisions for National Guard when in service.

§44-223. Privilege from arrest.

§44-224. Misdemeanor to interfere with Militia.

§44-227. Architect - Selection - Contract by Adjutant General.

§44-228. Deed or lease by county commissioners to Adjutant General.

§44-229. Authorizing to order National Guard beyond borders of state - Law governing - Jurisdiction.

§44-230. Police officers (OMD) - Powers and duties.

§44-231. Assisting in drug interdicton and counter drug activities - National Guard volunteers to be requested by Governor.

§44-231a. Fire protection agreements.

§44-231b. Protection of assets vital to national security.

§44-232. Youth programs.

§44-232.1. Contracts to lease or rent facilities.

§44-232.2. Use and operation.

§44-232.3. Armory boards.

§44-232.4. Rules and regulations for use and oversight of facilities.

§44-233.2. Agreement with United States.

§44-233.3. Construction contracts - Sale, disposition, demolition or transfer of property - Proceeds.

§44-233.5. Conveyance of sites by political subdivisions.

§44-233.7. Oklahoma Military Department Revolving Fund.

§44-233.10. Purchase of replacement commercial funds.

§44-233.10a. Purchase of computer hardware or software.

§44-233.11. Contracts for professional services.

§44-233.12. Qualifying federal programs to be regarded as individual purchasing entities.

§44-233.13. Authority to purchase products through a General Services Administration contract.

§44-233.14. Military Justice Revolving Fund.

§44-235. Creation of Oklahoma National Guard Museum.

§44-235.1. Oklahoma National Guard Museum Fund.

§44-235.2. Acceptance of gifts for the Oklahoma National Guard Museum.

§44-237. Oklahoma National Guard Relief Program.

§44-241. Governor authorized to organize, maintain, etc. - Uniform.

§44-242. Designation - Composition - Distinct from National Guard - Place of service.

§44-243. Rules and regulations - Arms and equipment - Drill and instruction - Similarity to National Guard - Compensation and allowances.

§44-244. Calling into military service of United States not authorized - No exemption from military service.

§44-245. Persons not to be commissioned or enlisted.

§44-246. Oath of officers.

§44-247. Term of enlistment - Oath upon enlistment.

§44-248. Exemption from arrest, jury duty and service on posse comitatus.

§44-250. Short title - Oklahoma State Guard Act.

§44-800. Short title - Oklahoma Uniform Code of Military Justice.

§44-801. Definitions.

§44-802. Persons subject to the Oklahoma Uniform Code of Military Justice.

§44-803. Jurisdiction to try certain personnel.

§44-804. Reserved.

§44-805. Territorial applicability of Oklahoma Uniform Code of Military Justice.

§44-806. Judge advocates.

§44-806A. Investigation and disposition of matters pertaining to the fitness of military judges.

§44-806B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice.

§44-807. Apprehension.

§44-808. Warrant of arrest, issuance, contents, service.

§44-809. Imposition of restraint.

§44-810. Restraint of persons charged.

§44-811. Place of confinement, reports and receiving of prisoners.

§44-812. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others.

§44-813. Punishment prohibited before trial.

§44-814. Delivery of offenders to civil authorities.

§44-815. Commanding officer's nonjudicial punishment.

§44-816. Courts-martial classified.

§44-817. Jurisdiction of courts-martial in general.

§44-818. General courts-martial.

§44-819. Jurisdiction of special courts-martial.

§44-820. Jurisdiction and appeals of summary courts-martial.

§44-821. Reserved.

§44-822. Who may convene general courts-martial.

§44-823. Who may convene special courts-martial.

§44-824. Who may convene summary courts-martial.

§44-825. Who may serve on courts-martial.

§44-826. Military trial judge of a general or special court-martial.

§44-826A. Military magistrates.

§44-827. Detail of trial counsel and defense counsel.

§44-828. Detail or employment of reporters and interpreters.

§44-829. Assembly and impaneling of members - Detail of new members and military judges.

§44-830. Charges and specifications.

§44-830A. Certain proceedings conducted before referral.

§44-831. Compulsory self-incrimination prohibited.

§44-832. Preliminary hearing required before referral to general court-martial.

§44-833. Disposition guidance.

§44-834. Advice to convening authority before referral for trial.

§44-835. Service of charges - Commencement of trial.

§44-836. Procedure for courts-martial.

§44-837. Unlawfully influencing action of court.

§44-838. Duties of trial counsel and defense counsel.

§44-839. Sessions.

§44-840. Continuances.

§44-841. Challenges.

§44-842. Oaths.

§44-843. Statute of limitations.

§44-844. Former jeopardy.

§44-845. Pleas of the accused.

§44-846. Opportunity to obtain witnesses and other evidence in trials by court-martial.

§44-847. Refusal to appear or testify.

§44-848. Contempt.

§44-849. Depositions.

§44-850. Admissibility of sworn testimony from records of courts of inquiry.

§44-850A. Defense of lack of mental responsibility.

§44-851. Voting and rulings.

§44-852. Votes required for conviction, sentencing and other matters.

§44-853. Findings and sentencing.

§44-853A. Plea agreements.

§44-854. Record of trial.

§44-855. Cruel and unusual punishments prohibited.

§44-856. Sentencing.

§44-857. Effective date of sentences.

§44-858. Execution of confinement.

§44-858A. Sentences - Reduction in enlisted grade.

§44-858B. Sentences - Forfeiture of pay and allowances during confinement.

§44-858C. Enforcement of fines or adjudication of pecuniary liability.

§44-858D. Parole.

§44-859. Error of law - Lesser included offense.

§44-860. Posttrial processing in general and special courts-martial.

§44-860A. Limited authority to act on sentence in specified posttrial circumstances.

§44-860B. Posttrial actions in summary courts-martial and certain general and special courts-martial.

§44-860C. Entry of judgment.

§44-861. Waiver of right to appeal - Withdrawal of appeal.

§44-862. Appeal by the State of Oklahoma.

§44-863. Rehearings.

§44-864. Judge advocate review of finding of guilty in summary court-martial.

§44-865. Transmittal and review of records.

§44-866. Military Court of Appeals for state military forces.

§44-867. Review by the Oklahoma Court of Criminal Appeals.

§44-867A. Reserved.

§44-868. Reserved.

§44-869. Review by State Judge Advocate.

§44-870. Appellate counsel.

§44-871. Reserved.

§44-872. Vacation of suspension.

§44-873. Petition for a new trial.

§44-874. Remission and suspension.

§44-875. Restoration.

§44-876. Finality of proceedings, findings, and sentences.

§44-876A. Leave required to be taken pending review of certain court-martial convictions.

§44-876B. Lack of mental capacity or mental responsibility.

§44-877. Principals.

§44-878. Accessory after the fact.

§44-879. Conviction of offense charged, lesser included offenses.

§44-880. Attempts.

§44-881. Conspiracy.

§44-882. Soliciting commission of offenses.

§44-883. Malingering.

§44-884. Breach of medical quarantine.

§44-885. Desertion.

§44-886. Absence without leave.

§44-887. Missing movement - Jumping from vessel.

§44-887A. Resistance, flight, breach of arrest, and escape.

§44-887B. Reserved.

§44-888. Contempt toward officials.

§44-889. Disrespect toward superior commissioned officer - Assault of superior commissioned officer.

§44-890. Willfully disobeying superior commissioned officer.

§44-891. Insubordinate conduct toward warrant officer, or noncommissioned officer.

§44-892. Failure to obey order or regulation.

§44-893. Cruelty and maltreatment.

§44-893A. Prohibited activities with military recruit or trainee by person in position of special trust.

§44-894. Mutiny or sedition.

§44-895. Offenses by sentinel or lookout.

§44-895A. Disrespect toward sentinel or lookout.

§44-896. Release of prisoner without authority - Drinking with prisoner.

§44-897. Unlawful detention.

§44-898. Misconduct as prisoner.

§44-899. Misbehavior before the enemy.

§44-900. Subordinate compelling surrender.

§44-901. Improper use of countersign.

§44-902. Forcing a safeguard.

§44-903. Reserved.

§44-903A. Reserved.

§44-903B. Aiding the enemy.

§44-903C. Unlawful disclosure of confidential information.

§44-904. Public records offenses.

§44-904A. Fraudulent enlistment, appointment, or separation.

§44-904B. Unlawful enlistment, appointment, or separation.

§44-905. Reserved.

§44-905A. False or unauthorized pass offenses.

§44-906. Reserved.

§44-906A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.

§44-907. False official statements - False swearing.

§44-907A. Reserved.

§44-908. Military property-loss, damage, destruction, or wrongful disposition.

§44-908A. Captured or abandoned property.

§44-909. Property other than military property - Waste, spoilage, or destruction.

§44-909A. Reserved.

§44-910. Improper hazarding of vessel or aircraft.

§44-911. Reserved.

§44-912. Drunkenness and other incapacitation offenses.

§44-912A. Wrongful use, possession, etc., of controlled substances.

§44-913. Reserved.

§44-914. Endangerment offenses.

§44-915. Reserved.

§44-916. Riot or breach of peace.

§44-917. Provoking speeches or gestures.

§44-917A. Wrongful broadcast or distribution of intimate visual images.

§44-918. Reserved.

§44-919. Reserved.

§44-919A. Reserved.

§44-919B. Reserved.

§44-920. Sexual assault generally.

§44-920A. Reserved.

§44-920B. Reserved.

§44-920C. Other sexual misconduct.

§44-920D. Fraternization.

§44-921. Larceny and wrongful appropriation.

§44-921A. Reserved.

§44-921B. Reserved.

§44-922. Reserved.

§44-922A. Reserved.

§44-923. Reserved.

§44-923A. Reserved.

§44-924. Frauds against the government.

§44-924A. Reserved.

§44-924B. Reserved.

§44-925. Reserved.

§44-926. Reserved.

§44-927. Reserved.

§44-928. Assault.

§44-928A. Reserved.

§44-928B. Reserved.

§44-929. Reserved.

§44-929A. Reserved.

§44-930. Stalking.

§44-931. Perjury.

§44-931A. Subornation of perjury.

§44-931B. Obstructing justice.

§44-931C. Misprision of serious offense.

§44-931D. Wrongful refusal to testify.

§44-931E. Reserved.

§44-931F. Noncompliance with procedural rules.

§44-931G. Wrongful interference with adverse administrative proceeding.

§44-932. Retaliation.

§44-933. Conduct unbecoming an officer and a gentleman.

§44-934. General article.

§44-935. Courts of inquiry.

§44-936. Authority to administer oaths.

§44-937. Articles to be explained.

§44-938. Complaints of wrongs.

§44-939. Redress of injuries to property.

§44-940. Delegation by the Governor.

§44-940A. Precedence of regulations.

§44-940B. Publication by Secretary of State.

§44-941. Payment of fees, costs and expenses - Military Justice Fund.

§44-942. Payment and collection of fines.

§44-943. Uniformity of interpretation.

§44-944. Immunity for duties performed under Code.

§44-945. Jurisdiction not extended to certain crimes.

§44-946. Continuances for military service.

§44-4300. Short title - Oklahoma Uniformed Services Employment and Reemployment Rights Act.

§44-4301. Purposes.

§44-4302. Construction with other laws.

§44-4303. Definitions.

§44-4304. Termination of entitlement to benefits.

§44-4311. Employment rights – Discrimination by employer.

§44-4312. Reemployment rights and benefits.

§44-4313. Employees of state government or political subdivisions - Reemployment.

§44-4314. Reemployment - Director of Human Capital Management of the Office of Management and Enterprise Services duties.

§44-4315. State agency or political subdivision procedures for ensuring rights apply to employees.

§44-4316. Reemployment – Retention of seniority and other rights and benefits.

§44-4317. Continuation of health coverage.

§44-4319. Liability of controlling Oklahoma employer of foreign entity - Applicability to foreign employer.

§44-4321. Assistance from Commissioner of Labor.

§44-4322. Refusal to comply – Complaint process.

§44-4323. Action for relief – Referral to district attorney.

§44-4326. Investigatory powers – Subpoenas – District court writs.

§44-4327. Effect of noncompliance of state officials with deadlines - Inapplicability of statutes of limitations.

§44-4331. Authority to prescribe regulations.

§44-4332. Annual report by the Commissioner of Labor.

§44-4333. Informing persons and employers of rights, benefits, and obligations.

§44-4334. Notice of rights, benefits, and obligations to be posted by employer.

§44-4335. Training to be provided by state agencies and political subdivisions.