reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-2 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules in this subchapter provide standards and guidelines for the prompt and equitable resolution of employment disputes and grievances at the lowest possible level within the employing agency. These rules pertain to probationary and permanent classified employees.
(b) An appointing authority may elect to adopt these procedures, or other procedures, to address disputes of other employees. Any such procedures shall be separate and apart from the grievance procedure and shall not automatically give jurisdiction of the issues in dispute to the Commission.
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 19 Ok Reg 2376, eff 7-1-02
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to words and terms defined in the Merit System of Personnel Administration Rules, the following words and terms, when used in this subchapter, shall have the following meaning unless the text clearly indicates otherwise.
"Accept"
means a determination by an agency grievance manager that issue(s) meet jurisdictional requirements.
"Deny"
means to refuse to grant a remedy requested, to determine an issue to be without merit or to end a grievance without further consideration.
"Grant"
means to find an issue to have merit and to give an appropriate remedy.
"Grievance"
means a request for relief in an employment matter made by an employee, or a group of employees, which affects them and which is subject to control of the appointing authority. For purposes of grievances, an employee may be a probationary or permanent classified employee.
"Jurisdiction"
means the authority to decide an issue within the agency grievance procedure. The time limit to file a grievance, an employee's eligibility to use the agency grievance procedure and the issues raised are general factors in determining agency jurisdiction.
"Reject"
means a determination by an agency grievance manager that a grievance or an issue does not meet agency jurisdictional requirements.
"Remedy"
means the corrective action(s) sought by an employee or offered by a decision-maker or appointing authority.
"Toll"
means to temporarily stop or suspend applicable time limits.
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 19 Ok Reg 2376, eff 7-1-02
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-4 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) The appointing authority shall maintain a record of each formal grievance filed. Grievance records shall be maintained separate and apart from other individual employee personnel files [74:840-6.2(I)].
(b) Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes, Oklahoma Open Records Act, shall govern access to grievance records.
(1) An employee or former employee shall have a right of access to the grievance record of grievances he or she filed after the agency grievance procedure has been completed [74:840-6.2(I)].
(2) The Commission, because of statutory responsibility, shall have a right of access to grievance records.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-5 - Statistics

Current through Vol. 41, No. 20, July 1, 2024
(a) The appointing authority shall maintain summary and statistical information about the number, nature and outcome of all formal grievances filed [74:840-6.2(I)].
(b) The appointing authority shall provide to the Commission, on a fiscal year basis, a grievance report containing the following information:
(1) the number of grievances filed, resolution time for each grievance and the nature and outcome of each grievance; and
(2) the pay band, sex and race of each employee filing a grievance.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-6 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-7 - Grievance notice

Current through Vol. 41, No. 20, July 1, 2024
Each appointing authority shall prominently display a notice reflecting the name, address and telephone number of the employee(s) designated to receive and process formal grievances. Such notices shall be displayed in locations where they can reasonably be expected to come to the attention of employees.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-8 - Retaliation - prohibited

Current through Vol. 41, No. 20, July 1, 2024
(a) No employee shall be disciplined or otherwise prejudiced in his or her employment for exercising his or her rights under the internal agency grievance resolution procedure [74:840-6.2(C)].
(b) Any employee who believes this section has been violated may file a petition for appeal with the Commission. The petition for appeal shall identify the name of the person alleged to have violated this section and shall be specific as to who did what, when, where, how and why.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 1 - GENERAL PROVISIONS › Section 455:10-19-9 - Time

Current through Vol. 41, No. 20, July 1, 2024
For purposes of the rules in this subchapter, time shall be counted in terms of calendar days. If the last day of the count is a Saturday, Sunday or legal holiday as proclaimed by the Governor, the period shall continue to the next business day.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 3 - RESPONSIBILITIES › Section 455:10-19-20 - Appointing authority responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) The appointing authority shall use the internal agency grievance resolution steps established in Part 7 of this subchapter or adopt other grievance resolution procedures which address the specific needs of their agencies [74:840-6.2(A)]. The appointing authority shall file a copy of any adopted resolution procedures, including revisions, with the Commission. Any adopted grievance resolution procedure shall include a general statement certifying that the procedure contains minimum requirements which:
(1) encourage resolution of disputes within the agency quickly, informally and at the lowest possible level;
(2) require prompt resolution of grievances within established time periods; and
(3) guarantee the employee the right to be represented by a person of his or her own choosing at each step of the procedure, except the initial informal discussion with his or her immediate supervisor;
(4) reflect the name, address and telephone number of the person(s) designated to receive and process formal grievances.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 3 - RESPONSIBILITIES › Section 455:10-19-21 - Supervisor responsibility

Current through Vol. 41, No. 20, July 1, 2024
Each supervisor shall:
(1) inform their employees of the internal agency grievance resolution procedure;
(2) be aware and informed of the names of employee(s) designated by the appointing authority to receive and process formal grievances;
(3) ensure that applicable time limits pertaining to supervisory responsibility within the grievance procedure are met;
(4) informally discuss, address and resolve disputes brought to their attention, when possible, at the lowest level possible.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 3 - RESPONSIBILITIES › Section 455:10-19-22 - Internal agency grievance manager responsibility

Current through Vol. 41, No. 20, July 1, 2024
Any employee designated to receive and process formal grievances by their appointing authority shall:
(1) within 6 months after designation to serve in this capacity, successfully complete the initial training programs required by the Commission;
(2) maintain proficiency by successfully completing continuing training programs required by the Commission;
(3) provide advice, assistance and technical direction to the appointing authority, supervisors and employees on the internal agency grievance resolution procedure;
(4) review formal grievances and accept or reject them;
(5) ensure that time limits which apply to the processing and resolution of formal grievances are met;
(6) facilitate the prompt, equitable and timely resolution of grievances at the lowest possible level; and
(7) ensure the formal grievance is reviewed and addressed by a person within the employing agency with authority to resolve the dispute.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 3 - RESPONSIBILITIES › Section 455:10-19-23 - Employee responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Any employee who has reason to believe his or her employment has been directly affected by unfair treatment, unsafe working conditions or erroneous interpretation or application of agency policy, procedure, merit rule or law, has a duty and responsibility to attempt to resolve the dispute informally. Thereafter, the employee has the right to file a formal grievance.
(b) Any employee filing a formal grievance has a duty and responsibility to provide accurate, timely information to support his or her assertions and to make a good faith effort to resolve the dispute.
(c) Employees should refrain from idle talk and should treat information about formal grievances with discretion as required by rules adopted by the Administrator of the Office of Personnel Management regarding the conduct of classified employees.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-35 - Grievance

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The resolution of disputes is advocated within the agency before appeals are filed with the Commission.
(b)
Promotion.
Any employee who feels that he or she has not been treated fairly with regard to a promotional action has the right to file a formal grievance. The Commission will accept an appeal regarding a promotional issue only after such complaint has been reviewed in the formal grievance procedure [74:840-4.15(C)].
(c)
Classification.
An employee has the right and responsibility to file a classification grievance, as provided by law and rule, when duties performed on a regular and consistent basis do not conform to the class specification
[74:840-4.3(B)].
(1)
Employees shall be classified in accordance with the work they are assigned on a regular and consistent basis as an integral part of their normal work assignment and class specification
[74:840-4.3(B)]. Any employee who believes he or she is not classified in accordance with the work assigned on a regular and consistent basis as an integral part of his or her work assignment and job family descriptor, has the right to file a formal grievance.
(2) An employee is entitled to the compensation assigned to the job family descriptor for which duties were performed on a regular and consistent basis as determined by the Human Capital Management Division (HCM) [74:840-4.3(B)]. Any employee who believes he or she is entitled to compensation for having performed duties on a regular and consistent basis which do not conform to the job family descriptor for the position he or she occupies or occupied, has the right to file a formal grievance.
(3) The appointing authority and employee shall attempt to resolve these disputes through the formal grievance procedure.
(4) If the dispute can not be resolved, the resolution decision by the appointing authority shall be to advise the employee to complete an Human Capital Management Classification Dispute Review Request (HCM-70) pursuant to rules adopted by the Administrator of the Human Capital Management Division.
(5)
Agency classification and reclassification decisions shall not be subject to appeal to the Oklahoma Merit Protection Commission. However, the involuntary removal of a permanent employee in permanent status in a job family level to a lower level in the same job family or to another job family level assigned a lower pay band shall be considered a demotion. Such action may be appealed by the employee to the Oklahoma Merit Protection Commission
[74:840-4.3(B)]. An employee may allege a violation of law or rule over which the Commission has jurisdiction in the classification and reclassification process pursuant to OAC 455:10-3-3.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-36 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-37 - Grievance preparation and processing

Current through Vol. 41, No. 20, July 1, 2024
An employee may request approval from his or her supervisor for necessary and reasonable absence from work to gather information in preparation to file and process a formal grievance. The request for the time needed should be made in advance. The supervisor may approve such absence if the time away will not cause undue hardship or upset any employee's work place operation. Any approved absence shall not result in a loss of pay or leave.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-38 - Leave and travel

Current through Vol. 41, No. 20, July 1, 2024
(a) An employee who has filed a formal grievance, or witnesses whose attendance is required, shall not be charged leave to attend meetings held to decide the grievance.
(b) Approved travel and other expenses incurred to resolve a formal grievance shall be reimbursed by the employing agency in accordance with the State Travel Reimbursement Act.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-39 - Employee representation

Current through Vol. 41, No. 20, July 1, 2024
(a) An employee has the right to be represented by a person of his or her own choosing at each step of the internal agency grievance resolution procedure, except the initial informal discussion with his or her immediate supervisor.
(b) The representative must be willing and available to serve and have authority to negotiate settlement.
(c) The employee is responsible for all costs and expenses of his or her representation.
(d) A representative who is a state employee shall be on approved leave or leave without pay while working on the grievance.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-40 - Group grievances

Current through Vol. 41, No. 20, July 1, 2024
(a) Employees may file a formal grievance as a group, when the grievance issues and personal relief sought are the same or similar for each. The group shall name a spokesperson who shall speak and act on behalf of the group. The spokesperson shall be one of the employees of the group filing a formal grievance. The group is entitled to a representative as outlined in OAC 455:10-19-39.
(b) The appointing authority may consolidate formal grievances containing the same or similar issues filed by two or more employees when to do so will produce a more efficient, more economical or more timely processing and resolution of the grievances and will not adversely affect the interests of the employees filing the grievances.
(c) The appointing authority may join formal grievances filed by an employee when to do so will produce a more efficient, more economical or more timely processing and resolution of the grievances and will not adversely affect the interests of the employee.
(d) Other specific requirements for filing and resolving formal group grievances may be adopted in an appointing authority's internal agency grievance resolution procedure.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-41 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-42 - Filing time

Current through Vol. 41, No. 20, July 1, 2024
(a) A formal grievance shall be filed:
(1) within 20 calendar days of the date of the act or incident; or
(2) within 20 calendar days of the date the employee becomes aware of or, with reasonable effort, should have become aware of a grievable issue.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-43 - Form

Current through Vol. 41, No. 20, July 1, 2024
(a) A formal grievance shall be filed with the agency grievance manager on the form prescribed by the Commission or on a form adopted by the appointing authority which addresses the specific needs of the agency.
(b) The formal grievance form shall include, as a minimum:
(1) the name, address and work telephone number of the employee;
(2) the classification of the employee;
(3) the work location, department, division or section of the employee;
(4) the name of the supervisor with whom the employee discussed the dispute and the date of the discussion;
(5) the date of the alleged act or incident which is cause for the formal grievance or the date the employee became aware of the grievable issue;
(6) a brief statement of the dispute citing such information as the reason for the grievance, persons involved, etc.
(7) any laws, merit rules, agency policy, practice or procedures the employee believes to have been violated;
(8) a requested remedy which the employee believes to be appropriate;
(9) the name, address and telephone number of the employee's representative, if any;
(10) the name, address and telephone number of the spokesperson if the grievance is from a group;
(11) the date and signature of the employee or the spokesperson; and
(12) a list of the names of the employees if a group grievance.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-44 - Resolution time

Current through Vol. 41, No. 20, July 1, 2024
(a) A formal grievance shall be resolved by the employing agency within 45 calendar days after the filing of the grievance.
(1) The appointing authority may extend the resolution time up to an additional 15 days for good cause. The extension shall be made in writing to the employee before the expiration of the 45 calendar day resolution time and include reasons for the extension
(2) The employee and the appointing authority may mutually extend the resolution time up to an additional 30 calendar days for good cause. Any extension shall be agreed to in writing and include reasons for the extension.
(3) In no case shall the resolution time of a formal grievance exceed 90 calendar days.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-45 - Resolution decision

Current through Vol. 41, No. 20, July 1, 2024
(a) Resolution decisions shall address the issues raised in the formal grievance.
(b) Resolution decisions shall be made in writing to the employee filing the formal grievance or if a group grievance, to the spokesperson. Resolution decisions shall be delivered personally or by mail.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-46 - Filing an appeal after a formal grievance

Current through Vol. 41, No. 20, July 1, 2024
(a) After filing a formal grievance, an employee may file an appeal with the Commission within 20 calendar days after:
(1) expiration of the resolution time, including any extension, and a resolution decision has not been received;
(2) receiving a resolution decision and the employee can provide evidence the resolution decision was not correct, did not address the issues of the grievance or that violations occurred during the processing of the formal grievance.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 5 - GRIEVANCE PROVISIONS › Section 455:10-19-47 - Grievance and appeal-separate filings

Current through Vol. 41, No. 20, July 1, 2024
The filing of formal grievances with the employing agency and appeals with the Commission are separate actions. Each is the responsibility of the employee. The filing of one does not substitute for the filing of the other.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 7 - GRIEVANCE PROCEDURE › Section 455:10-19-60 - General

Current through Vol. 41, No. 20, July 1, 2024
The internal agency grievance resolution procedure shall be a two step procedure.
(1) The first step shall be an informal discussion between the employee and the immediate supervisor.
(2) The second step shall be the formal grievance.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 7 - GRIEVANCE PROCEDURE › Section 455:10-19-61 - Step one - informal discussion

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of the informal discussion shall be to provide the employee and his or her supervisor an opportunity to address and resolve concerns and complaints at the lowest level possible. The effort to resolve disputes at this level may include, but is not limited to, the use of mediation.
(b) An employee who has a grievable issue shall promptly bring the dispute to the attention of his or her supervisor. The employee and the supervisor shall strive to informally resolve the dispute.
(c) If the supervisor is unable to resolve the dispute because it is not within his or her control or authority, the supervisor shall attempt to determine who can resolve the dispute and give that person an opportunity to resolve the dispute informally or advise the employee to proceed to Step 2.
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 19 Ok Reg 2376, eff 7-1-02
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 7 - GRIEVANCE PROCEDURE › Section 455:10-19-62 - Step two-formal grievance

Current through Vol. 41, No. 20, July 1, 2024
(a) If the dispute is not resolved informally, the employee may file a formal grievance within the time specified in OAC 455:10-19-42.
(b) Formal grievances shall promptly and impartially be addressed and resolved at the lowest level possible.
(c) A face-to-face meeting or telephone conversation is required between the resolution decision maker and the employee at this step.
Added at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 7 - GRIEVANCE PROCEDURE › Section 455:10-19-63 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 12 Ok Reg 2823, eff 7-13-95
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 19 - Internal Agency Grievance Resolution Procedures › Part 7 - GRIEVANCE PROCEDURE › Section 455:10-19-64 - Use of voluntary mediation

Current through Vol. 41, No. 20, July 1, 2024
(a) Employees, supervisors, appointing authorities and grievance managers are encouraged to use mediation as a means of resolution at any step of the internal agency grievance procedure.
(b) Applicable grievance time limits shall be tolled if a request for voluntary mediation is made. The tolling time shall begin as soon as mediation is requested and shall end:
(1) once it is determined the participants are not willing to use the voluntary mediation services; or
(2) upon conclusion of the voluntary mediation session or at such time that any participant withdraws from participating in the voluntary mediation session.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 21 - Presiding Officials, Representatives, Witnesses and Parties › Section 455:10-21-1 - Administrative Law Judges

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Administrative Law Judges shall be assigned by the Executive Director to preside over prehearing conferences and hearings. An Administrative Law Judge shall be fair and impartial and take all necessary action to avoid delay in the resolution and disposition of an appeal. An Administrative Law Judge shall have all powers necessary to that end which are not otherwise prohibited. An Administrative Law Judge shall be subject to the Commission Code of Conduct for Administrative Law Judges.
(b)
Withdrawal.
An Administrative Law Judge shall withdraw from any appeal in which he or she can not be fair and impartial. The Executive Director shall be immediately notified of the withdrawal and reason for such withdrawal.
(c)
Disqualification.
A party to an appeal may file a request seeking the disqualification of an Administrative Law Judge on the basis of inability to be fair or impartial. The request shall specifically state the reasons for such request and shall be filed as soon as the party making the request has reason to believe there is a basis for the disqualification and shall include an affidavit of service to all other parties. The Administrative Law Judge shall be provided an opportunity to respond. The Executive Director shall rule on the request and the decision is final and conclusive except as provided for the in the Administrative Procedures Act and OAC 455:10-3-20.
Amended and renumbered from 455:10-5-10 at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 21 - Presiding Officials, Representatives, Witnesses and Parties › Section 455:10-21-2 - Alternative Dispute Resolution Program Facilitators

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Alternative Dispute Resolution Program (ADRP) Facilitators shall be assigned by the Executive Director to preside over ADRP procedures. An ADRP Facilitator shall be fair and impartial and take all necessary action to avoid delay in the resolution and disposition of an appeal. An ADRP Facilitator shall have all powers necessary to that end which are not otherwise prohibited. An ADRP Facilitator shall be subject to the Commission Code of Conduct for ADRP Facilitators.
(b)
Withdrawal.
An ADRP Facilitator shall withdraw from any appeal in which he or she can not be fair and impartial. The Executive Director shall be immediately notified of the withdrawal and reason for such withdrawal.
(c)
Disqualification.
A party to an appeal may file a request seeking the disqualification of an ADRP Facilitator on the basis of inability to be fair or impartial. The request shall specifically state the reasons for such request and shall be filed as soon as the party making the request has reason to believe there is a basis for the disqualification and shall include an affidavit of service to all other parties. The ADRP Facilitator shall be provided an opportunity to respond. The Executive Director shall rule on the request and the decision is final and conclusive except as provided for the in the Administrative Procedures Act and OAC 455:10-3-20.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 21 - Presiding Officials, Representatives, Witnesses and Parties › Section 455:10-21-3 - Representatives

Current through Vol. 41, No. 20, July 1, 2024
A person who voluntarily selects a representative is bound by the acts and omissions of the representative; therefore, careful consideration should be given to the selection of a representative. Unless otherwise required by statute or the rules in this chapter, a representative need not be an attorney.
(1) A representative shall have knowledge of the appeal and shall be willing and available to serve. A representative shall have the authority to negotiate and approve settlement.
(2) A representative shall be identified in the petition for appeal or through an entry of appearance or other written means.
(3) A representative shall be subject to any Code of Conduct for Representatives adopted by the Commission.
(4) The Commissioners, Executive Director or presiding official may disqualify or release a representative for conflict of interest or any other good cause. A request shall be submitted as soon as the person making the request becomes aware of a reason that justifies the request.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 21 - Presiding Officials, Representatives, Witnesses and Parties › Section 455:10-21-4 - Witnesses

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Commissioners, Executive Director or presiding official may compel the attendance of persons as witnesses when their testimony will aid in establishing the facts of an appeal. The Commissioners, Executive Director or presiding official may ask the witness specific questions when to do so will aid in the resolution and disposition of an appeal. Employees appearing as witnesses shall be released from duty by the employing agency without loss of pay or time and without effect on their employee service ratings.
(1) Employees shall be reimbursed by the employing agency for expenses as provided for in the State Travel Reimbursement Act. The costs of securing witnesses who are not state employees, to include fees and mileage, shall be computed and paid by the party calling the witness.
(2) No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from offering testimony.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 21 - Presiding Officials, Representatives, Witnesses and Parties › Section 455:10-21-5 - Parties

Current through Vol. 41, No. 20, July 1, 2024
Parties to an appeal shall be afforded all the rights they are entitled to. OAC 455:10-3-3 defines who a party is. The Executive Director may add or dismiss a party to an appeal when the evidence justifies such action be taken.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 21 - Presiding Officials, Representatives, Witnesses and Parties › Section 455:10-21-6 - Intervenors

Current through Vol. 41, No. 20, July 1, 2024
Any person alleged to have committed a violation over which the Commission has jurisdiction or who may be directly affected by the outcome of an appeal, may request permission to intervene in the appeal. The request shall be made in writing at the earliest possible time and shall include a showing that the outcome of the appeal would directly affect the person making the request.
(1) Intervenors shall be considered parties and shall have the same rights and duties as an original party except that intervenors shall not have an independent right to a hearing. An intervenor may only participate on the issues affecting him or her as stated in the order granting intervention.
(2) The Executive Director, because of statutory responsibility, may intervene as a matter of right.
(3) The Administrator of the Human Capital Management Division may personally intervene at the earliest possible time he or she knew, or should have known, that the issues in the appeal would directly affect the authority or responsibility of the Human Capital Management Division of the Office of Management and Enterprise Services.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 457 - Oklahoma Strategic Military Planning Commission › Chapter 10 - Administrative Operations and Program Implementation › Subchapter 1 - General Provisions › Section 457:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules in this Chapter are intended to establish policies and procedures to:
(1) aid in the orderly administration of the Oklahoma Strategic Military Planning Commission;
(2) ensure effective and coordinated efforts among officials and agencies of federal, state, county, municipal and local governments in support of Oklahoma's military installations, particularly in respect to BRAC matters.
Oklahoma Administrative Code › Title 457 - Oklahoma Strategic Military Planning Commission › Chapter 10 - Administrative Operations and Program Implementation › Subchapter 1 - General Provisions › Section 457:10-1-3 - Legal references

Current through Vol. 41, No. 20, July 1, 2024
References to "Title" in this Chapter refer to Titles of the Oklahoma Statutes. References refer to the most recent version of the law unless another edition is specifically cited.
Added at 21 Ok Reg 129, eff 10-8-03 through 7-14-04 (emergency)1; Added at 23 Ok Reg 3199, eff 4-13-05 through 7-14-06 (emergency)2; Added at 24 Ok Reg 2901, eff 3-12-07 through 7-14-07 (emergency)3; Added at 24 Ok Reg 2919, eff 9-14-07
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-04 (after the 7-14-04 expiration of this emergency action), Section 457:10-1-3 was no longer effective. For the official text of the emergency rule that was in effect from 10-8-03 through 7-14-04, see 21 Ok Reg 129.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of this emergency action), Section 457:10-1-3 was no longer effective. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
3This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-07 (after the 7-14-07 expiration of this emergency action), Section 457:10-1-3 was no longer effective, and remained as such until added again by permanent action on 9-14-07.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of this emergency action), Section 457:10-1-3 was no longer effective. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
Oklahoma Administrative Code › Title 457 - Oklahoma Strategic Military Planning Commission › Chapter 10 - Administrative Operations and Program Implementation › Subchapter 1 - General Provisions › Section 457:10-1-4 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any rule, or part of any rule, in this Chapter is found to be unenforceable by a court of competent jurisdiction, the remainder of the rules will not be impaired or invalidated. The remaining rules in this Chapter will be valid and enforceable to the fullest extent permitted by law.
Added at 21 Ok Reg 129, eff 10-8-03 through 7-14-04 (emergency)1; Added at 23 Ok Reg 3199, eff 4-13-05 through 7-14-06 (emergency)2; Added at 24 Ok Reg 2901, eff 3-12-07 through 7-14-07 (emergency)3; Added at 24 Ok Reg 2919, eff 9-14-07
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-04 (after the 7-14-04 expiration of this emergency action), Section 457:10-1-4 was no longer effective. For the official text of the emergency rule that was in effect from 10-8-03 through 7-14-04, see 21 Ok Reg 129.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of this emergency action), Section 457:10-1-4 was no longer effective. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
3This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-07 (after the 7-14-07 expiration of this emergency action), Section 457:10-1-4 was no longer effective, and remained as such until added again by permanent action on 9-14-07.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of this emergency action), Section 457:10-1-4 was no longer effective. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
Oklahoma Administrative Code › Title 457 - Oklahoma Strategic Military Planning Commission › Chapter 10 - Administrative Operations and Program Implementation › Subchapter 3 - Organization and Administration › Section 457:10-3-2 - Locations for information and filing

Current through Vol. 41, No. 20, July 1, 2024
Any person may obtain information from, make a submission to, or make a request of the Commission by submitting a written request. Documents may be mailed to the Commission, or they may be hand-delivered during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state-designated holidays. The location and mailing address for the Commission is: Oklahoma Strategic Military Planning Commission, Office of the Governor, State Capitol Building, Oklahoma City, Oklahoma, 73105. Telephone number for the Commission is (405) 521-2342. The date on which any document is actually received at the Office of the Governor shall be recorded as the date of filing.
Added at 21 Ok Reg 129, eff 10-8-03 through 7-14-04 (emergency)1; Added at 23 Ok Reg 3199, eff 4-13-05 through 7-14-06 (emergency)2; Added at 24 Ok Reg 2901, eff 3-12-07 through 7-14-07 (emergency)3; Added at 24 Ok Reg 2919, eff 9-14-07
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-04 (after the 7-14-04 expiration of this emergency action), Section 457:10-3-2 was no longer effective. For the official text of the emergency rule that was in effect from 10-8-03 through 7-14-04, see 21 Ok Reg 129.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of this emergency action), Section 457:10-3-2 was no longer effective. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
3This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-07 (after the 7-14-07 expiration of this emergency action), Section 457:10-3-2 was no longer effective, and remained as such until added again by permanent action on 9-14-07.
2This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of this emergency action), Section 457:10-3-2 was no longer effective. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
Oklahoma Administrative Code › Title 457 - Oklahoma Strategic Military Planning Commission › Chapter 10 - Administrative Operations and Program Implementation › Subchapter 3 - Organization and Administration › Section 457:10-3-3 - Retention and public inspection of documents and release of records

Current through Vol. 41, No. 20, July 1, 2024
(a) Documents filed with or presented to the Commission will be retained in the files of the Commission located at the Office of the Governor for the length of time required by state and federal laws. Documents will be disposed of in a manner consistent with the Oklahoma Records Management Act, found at Title 67, Oklahoma Statutes, Section 201 et sequitur, and rules promulgated by the Archives and Records Commission pursuant to Title 74, Oklahoma Statutes, Sections 564 et sequitur.
(b) Records may be released during the normal business hours of the Office of the Governor.
(c) The following fees have been determined by the Commission to fund the recovery of reasonable, direct costs of document copying or mechanical reproduction:
(1) Charges for copies of letter or legal-size documents shall be Twenty-five Cents ($0.25) each for one-sided copies and Forty Cents ($0.40) each for two-sided copies.
(2) In the event a request is solely for commercial purposes or clearly would cause excessive disruption of the Office of the Governor's essential functions, the Commission may charge the hourly rate of the person doing the search multiplied by the time required for the search.
(3) When materials from meetings or hearings are transcribed from tapes or notes, the charge will be calculated at a rate charged by a court reporter, or if done by Office of the Governor staff, will be $5.00 per page. Copies of transcripts will be billed at regular copy rates.
Oklahoma Administrative Code › Title 457 - Oklahoma Strategic Military Planning Commission › Chapter 10 - Administrative Operations and Program Implementation › Subchapter 5 - Cooperative Programs with Local Governmental Entities › Section 457:10-5-2 - BRAC Adverse Indicator Program [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 3199, eff 4-13-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-04 expiration of this emergency action), Section 457:10-5-2 was no longer effective. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
Oklahoma Administrative Code › Title 457 - Oklahoma Strategic Military Planning Commission › Chapter 10 - Administrative Operations and Program Implementation › Subchapter 5 - Cooperative Programs with Local Governmental Entities › Section 457:10-5-3 - Dynamic Investment Ventures in Infrastructure Development and Enhancement for National Defense (DIVIDEND) Grant Program [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 3203, eff 9-1-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-04 expiration of this emergency action), Section 457:10-5-3 was no longer effective. For the official text of the emergency rule that was in effect from 9-1-05 through 7-14-06, see 23 Ok Reg 3203.