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AG Opinion 2023-13

Friday, December 01, 2023

Generally, the Oklahoma Housing Finance Agency (“OHFA”) is exempt from the Central Purchasing Act (“CPA”), State Finance Act (“SFA”), and State Consultants Act (“SCA”). Compliance with these statutes is mandatory if an entity is a “state agency,” generally defined as an office or officer that is a part of the executive or judicial branch. The OHFA is a public trust whose beneficiary is the state, and its trustees are public officers. However, neither the OHFA nor its trustees are part of the executive branch. Accordingly, the OHFA and its trustees are not within the scope of the term “state agency” and, therefore, generally not subject to each of these statutes. Notwithstanding, the SFA includes specific provisions that require action by a public trust having the State of Oklahoma as its beneficiary, such as OHFA. Therefore, the OHFA must comply with these limited provisions of the SFA.

Last Modified on Jan 06, 2025