Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 1 - General Provisions › Section 260:130-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning:
"Act"
means the Oklahoma Civil Service and Human
				  Capital Modernization Act.
"Action"
or
"disciplinary action"
means issuing a written reprimand, punitively transferring an employee,
				  suspending an employee without pay, involuntarily demoting an employee, or
				  terminating an employee. The action is taken by providing a document in person
				  that specifically states the type of action taken against the employee. In the
				  event the Appointing Authority is unable to provide the document to the
				  employee in person, the Appointing Authority may utilize acceptable electronic
				  means, and the action will be complete upon receipt by the employee.
"Action occurred"
means the date the action was
				  taken.
"Administrative Law Judge"
or
"ALJ"
means a person appointed by the Civil Service Division and empowered to preside
				  over prehearing conferences and hearings with power to administer oaths, take
				  testimony, rule on questions of evidence and make final decisions. All ALJs
				  shall be licensed to practice law in the State of Oklahoma and in good standing
				  with the Oklahoma Bar Association.
"Administrative Procedures Act"
or
"APA"
means the Oklahoma Administrative Procedures Act set forth
				  at Section
				  250 et seq. of Title 75 of the
				  Oklahoma Statutes.
"Administrator"
means the Director of the Office
				  of Management and Enterprise Services. As the term is used in the Civil Service
				  and Human Capital Modernization Rules, the term includes employees and the
				  Administrator of Human Capital Management of the Office of Management and
				  Enterprise Services to whom the Administrator has lawfully delegated authority
				  to act on his or her behalf.
"Affidavit"
means a sworn written statement,
				  made voluntarily, and taken before a person with authority to administer an
				  oath or affirmation.
"Affidavit of service"
means a sworn written
				  statement certifying that a motion, request or other document has been provided
				  to other persons.
"Agency"
means any office, department, board,
				  commission or institution of the executive branch of state government.
"Allegation"
means the claims of a party.
"Allege"
means to state, assert or charge; to
				  make an allegation.
"Allocation"
or
"Position
				  allocation"
means the process by which a position is assigned to an
				  established job profile. A position is allocated on the basis of duties,
				  authority, responsibilities, and other appropriate factors.
"Appointing Authority"
means the chief
				  administrative officer of an agency. As the term is used in the Rules, the term
				  includes employees of an agency to whom the Appointing Authority has lawfully
				  delegated authority to act on his or her behalf.
"Burden of proof"
means the obligation of a
				  party to establish alleged fact(s) by a preponderance of evidence.
"Civil Service Division"
means the division
				  within Human Capital Management that is responsible for receiving and hearing
				  complaints as described in the Civil Service and Human Capital Modernization
				  Act set forth at Section
				  34.301 of Title 62 of the Oklahoma
				  Statutes.
"Civil Service Division Director"
means the
				  person designated by Human Capital Management to take action on behalf of the
				  Civil Service Division.
"Complainant"
means the state employee filing
				  the complaint.
"Complaint"
means, as a verb, the filing of a
				  complaint petition, or as a noun, the procedure that takes place after a
				  complaint petition is filed.
"Consolidation"
means the combining of
				  complaints containing the same or similar issues but filed by two (2) or more
				  complainants into a single complaint.
"Continuance"
means a postponement of a matter
				  scheduled by Human Capital Management or the mediator to a date certain.
"Demotion"
means the reduction in salary of an
				  employee with or without a change in job profile. Demotion may be voluntary or
				  involuntary.
"Deny"
means to refuse to grant or
				  accept.
"Disciplinary file"
means the record of all
				  disciplinary actions leading up to a written reprimand, punitive transfer,
				  suspension without pay, demotion, or termination, the final action taken, and
				  all relevant supporting documents.
"Dismiss"
means to close without further
				  consideration.
"Evidence"
means relevant documents or testimony
				  offered to prove or disprove the existence or non-existence of a fact.
"Exempted employee"
means an employee to whom
				  the provisions of the Act do not apply. Exempted employees must be designated
				  in the central system of record by the employing executive branch agency.
				  Exempted employees are:
(A) Persons
				employed by the Governor, Lieutenant Governor, Oklahoma House of
				Representatives, Oklahoma State Senate, Legislative Service Bureau, or the
				Legislative Office of Fiscal Transparency;
(B) Elected officials;
(C) Political appointees;
(D) District attorneys, assistant district
				attorneys or other employees of the district attorney's office;
(E) The state judiciary or persons employed
				by the state judiciary;
(F) Not
				more than five percent (5%) of an agency's employees designated as executive
				management as determined by the agency director. The number of employees shall
				be determined by the number of active position identification numbers an agency
				has;
(G) Temporary employees
				employed to work less than one thousand (1,000) hours in any twelve-month
				period;
(H) Seasonal employees
				employed to work less than one thousand six hundred (1,600) hours in any
				twelve-month period;
(I) Employees
				in a trial period; or
(J) State
				employees whose employment status is otherwise provided by law.
"Exhibit"
means items offered as
				  evidence.
"Ex-parte communication"
means communications by
				  anyone with an ALJ or the Civil Service Division Director on the merits of a
				  complaint which could affect its outcome.
"File"
or
"Filing"
means submitting
				  a complaint or other documents on the Civil Service Division's on-line filing
				  system, or any acceptable means determined the Civil Service Division or the
				  receipt of documents by the Civil Service Division.
"Grant"
means to give or permit.
"Hearing"
means an open, formal proceeding
				  conducted by an ALJ. The proceeding is to provide each party with an
				  opportunity to present evidence in support of their side of the case. The
				  hearing is governed by the Oklahoma Administrative Procedures Act, Sections
				  309 through
				  316 of Title 75 of the Oklahoma
				  Statutes.
"Human Capital Management"
or
"HCM"
means Human Capital Management of the Office of Management and Enterprise
				  Services.
"Initial appointment"
or
"original
				  appointment"
means the act of an Appointing Authority hiring a person
				  for the first time as a state employee.
"Job code"
means an identifying code
				  that:
(A) corresponds to a job
				profile, including, but not limited to, the basic purpose, typical functions
				performed, and the knowledge, skills, abilities, education, and experience
				required, and
(B) does not include
				FLSA status or pay rate type, and
(C) identifies the suggested pay
				range.
"Job family"
means:
(A) jobs which require similar core skills
				and involve similar work, and
(B) a
				logical progression of roles in a specific type of occupation in which the
				differences between roles are related to the depth and breadth of experience at
				various levels within the job family and which are sufficiently similar in
				duties and requirements of the work to warrant similar treatment as to title,
				typical functions, knowledge, skills, abilities, education, and experience
				required.
"Job level"
or
"level"
means a role
				  in a job family having distinguishable characteristics such as knowledge,
				  skills, abilities, education, and experience.
"Job profile"
means a level in a job
				  family.
"Joinder"
means the combining of two (2) or more
				  complaints of one complainant.
"Jurisdiction"
means the authority of the Civil
				  Service Division to complete its duties and responsibilities.
"Jurisdictional limitations"
means the statutory
				  restrictions on the scope, time limits, and type of appeals which may be
				  considered by the Civil Service Division.
"Mediator"
means a person who assists and
				  facilitates the parties involved in a complaint to come to a resolution.
"Minimum qualifications"
means the requirements
				  of education, training, experience and other basic qualifications for a
				  job.
"Moot"
means no longer in dispute because issues
				  have already been decided or when rendered, a decision could not have any
				  practical effect on the existing dispute.
"Motion"
means a request for a ruling to be made
				  by a ALJ or the Civil Service Division Director.
"New position"
means a position not previously
				  existing.
"Office of Management and Enterprise Services"
means the Human Capital Management Division of the Office of Management and
				  Enterprise Services.
"Order"
means a command or directive given by an
				  ALJ or the Civil Service Division Director.
"Party"
means a complainant or
				  respondent.
"Position"
means a group of specific duties,
				  tasks and responsibilities assigned by the Appointing Authority to be performed
				  by one person; a position may be part time or full time, temporary, occupied or
				  vacant.
"Prehearing conference"
means a proceeding
				  conducted by an ALJ with the parties to identify the issues, documents,
				  witnesses and motions which will guide the ALJ in the conduct of the
				  hearing.
"Preponderance of evidence"
means information or
				  evidence which is more convincing or believable than the information or
				  evidence offered in opposition.
"Punitive transfer"
means a transfer that is
				  directed at and affects only one employee employed by the Appointing Authority.
				  A punitive transfer must relocate the affected employee to a new worksite that
				  is fifty (50) or more miles from the employee's previous worksite. A transfer
				  that results from a closure of a worksite location or building or affects two
				  or more employees does not qualify as a punitive transfer.
"Reallocation"
or
"Position
				  reallocation"
means the process of reassigning an established position,
				  occupied or vacant, from one job profile to another.
"Reassignment"
means the process of changing an
				  employee from one job family to another job family or from one job level to
				  another job level in the same job family, resulting in a change in the
				  employee's assigned job profile.
"Regular and consistent"
means, in connection
				  with an employee's work assignments, the employee's usual and normal work
				  assignments, excluding incidental, casual, occasional tasks, and activities the
				  employee assumes without direction to do so. Temporary work assignments of less
				  than sixty (60) days in any twelve (12) month period are not considered regular
				  and consistent.
"Reinstatement"
means the reappointment of a
				  former employee and does not trigger the trial period.
"Relevant"
means directly related to the issue
				  or issues being examined.
"Remedy"
means corrective action sought by or
				  afforded to a party.
"Representative"
means the designated attorney
				  of record, who shall be licensed to practice law in the state of Oklahoma
				  identified in the complaint petition or through an entry of appearance or other
				  written means, acting on behalf of a party. An individual other than an
				  attorney licensed to practice law in the state of Oklahoma may act as the
				  representative of the party if approved by the mediator or ALJ.
"Resignation"
means an employee's voluntary
				  termination of his or her employment with the state.
"Respondent"
or
"Responding agency"
means the state agency which the complaint has been filed against.
"Rules"
means the Civil Service and Human
				  Capital Modernization Rules.
"State employee"
or
"employee"
means an employee [within the executive branch, excluding employees within The
				  Oklahoma State System of Higher Education] in state service afforded the
				  protections under the Act set forth at Section
				  34.301 of Title 62 of the Oklahoma
				  Statutes and these Rules.
"Stipulation"
means a voluntary admission of
				  fact.
"Subpoena"
means an order to appear at a certain
				  time and place to give testimony.
"Subpoena Duces Tecum"
means an order requiring
				  the production of books, papers and other documents.
"Supervisor"
means an employee [within the
				  executive branch, excluding employees within The Oklahoma State System of
				  Higher Education] who has been assigned authority and responsibility for
				  evaluating the performance of other state employees.
"Sustain"
means to grant a request; to grant a
				  complaint.
"Testimony"
means statements given by a witness
				  under oath or affirmation.
"Trial period"
means a working test period
				  lasting for a period of one year following the initial hiring of a state
				  employee into state service, the hiring of an employee who is transferring from
				  one state agency to another state agency, or the hiring of an employee
				  returning to state service following a break in service. The Appointing
				  Authority has the authority to waive the trial period at any time at their
				  discretion.
"Veteran"
means any person who served the full
				  obligation for active duty, reserves or National Guard service in the military,
				  or received an early discharge for a medical condition, hardship or reduction
				  in force; and has been separated or discharged from such service honorably or
				  under honorable conditions.