reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 9 - Hearing Process › Section 455:10-9-3 - Methods of Testimony

Current through Vol. 41, No. 20, July 1, 2024
(a) This section shall not limit the authority of the Commission to compel any witness to appear and offer testimony. Upon written request and approval by the Administrative Law Judge, an affidavit, video conference, electronic communication, and telephone communication may be used when a witness or party is unable to attend or testify because of age, illness, infirmity, imprisonment or other good reason.
(b) This section shall also apply to the taking of affidavits through the Alternative Dispute Resolution Program procedures.
(c) The parties to any action before the Merit Protection Commission are responsible for ensuring that the technology is available to all participants for conducting a video conference.
Added 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 9 - Hearing Process › Section 455:10-9-4 - Closing the record

Current through Vol. 41, No. 20, July 1, 2024
The record shall be closed when each party has had an opportunity to be heard and present evidence. If the final decision is based on summary judgment or if the Administrative Law Judge requires the parties to submit briefs or additional information, the record shall be closed on the date established for the receipt of submissions. Once the record is closed, no additional evidence or arguments shall be considered. This section shall also apply to the closing of a record through the Alternative Dispute Resolution Program procedures.
Added 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 9 - Hearing Process › Section 455:10-9-5 - Decisions

Current through Vol. 41, No. 20, July 1, 2024
The Administrative Law Judge shall file a final decision with the Commission within 10 calendar days after the record is closed. The final decision shall include findings of fact and conclusions of law, written in clear and concise language.
(1) The Executive Director shall issue the final decision to each party, by personal service or certified mail and by submission on the online filing system, within 5 calendar days after receipt.
(2) The decision of the Administrative Law Judge shall be final and conclusive except as provided in the Administrative Procedures Act and OAC 455:10-3-20.
Amended and renumbered from 455:10-5-9 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 11 - Discipline › Section 455:10-11-1 - General

Current through Vol. 41, No. 20, July 1, 2024
Each appointing authority shall establish written policies and procedures for progressive discipline of employees according to the rules established by the Oklahoma Merit Protection Commission
[74:840-6.3(A)]. Each appointing authority is responsible for developing and maintaining a safe and productive work environment. Each appointing authority and each supervisor is responsible for promptly applying discipline when necessary that is equitable and suitable for the offense considering the circumstances.
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-13-95, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-2 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this subchapter provide standards and guidelines for applying prompt, equitable and suitable discipline. These rules pertain to probationary and permanent classified employees unless otherwise specified by law or the rules in this subchapter.
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 11 - Discipline › Section 455:10-11-3 - 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 shall have the following meaning unless the text clearly indicates otherwise.
"Discharge"
means the act of terminating the employment relationship of a permanent classified employee who did not voluntarily resign or otherwise forfeit his or her position according to any other statutory provision. Discharge does not include separation due to reduction-in-force.
"Discipline"
means informal or formal action to correct infractions of statute, rule, policy, practice or procedure regarding work performance or behavior.
"Involuntary Demotion"
means the involuntary removal of a permanent employee in permanent status in a job family level to another job family level assigned a lower pay band [74:840-4.3(B)].
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 17 Ok Reg 553, eff 11-30-99 (emergency); Amended at 17 Ok Reg 2560, eff 6-26-00
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-4 - Progressive discipline

Current through Vol. 41, No. 20, July 1, 2024
(a)
Progressive discipline is a system designed to ensure not only the consistency, impartiality and predictability of discipline, but also the flexibility to vary penalties if justified by aggravating or mitigating conditions. Typically, penalties range from verbal warning to discharge, with intermediate levels of a written warning, suspension or demotion. Absent mitigating circumstances, repetition of an offense is accompanied by a generally automatic progression to the next higher level of discipline
[74:840-6.3(B)].
(b) Based on relevant circumstances, a single incident may justify a higher step of discipline without proceeding through lower steps of discipline.
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-13-95, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-5 - Appointing authority responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) The appointing authority shall use the progressive discipline phases outlined in this subchapter and may adopt other progressive discipline steps which address the specific needs of his or her agency [74:840-6.3(A)]. The appointing authority shall file a copy of any adopted progressive discipline policy, including revisions, with the Commission. Any adopted progressive discipline policy shall include a general statement certifying that the policy contains minimum requirements which:
(1) ensure the consistency, evenhandedness and predictability of discipline; and
(2) ensure the flexibility to vary penalties if justified.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-6 - Supervisor responsibility

Current through Vol. 41, No. 20, July 1, 2024
Each supervisor shall:
(1) inform employees of the agency's progressive discipline policy;
(2) apply discipline when necessary that is corrective, progressive in nature, appropriate for the offense and equitable;
(3) consider relevant circumstances when determining the proper disciplinary action; and,
(4) use prompt, positive action to avoid more serious disciplinary actions.
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 11 - Discipline › Section 455:10-11-7 - Employee responsibility

Current through Vol. 41, No. 20, July 1, 2024
Each employee has a duty and responsibility to comply with, the agency's progressive discipline policy.
Reserved at 12 Ok Reg 2823, eff 7-13-95; Added at 17 Ok Reg 2560, eff 6-26-00
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-8 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) The appointing authority shall maintain documentation of formal discipline in the employee's agency personnel record consistent with the General Records Schedule of the Oklahoma Department of Libraries, Office of Archives and Records.
(b) An employee shall be given a copy of any formal disciplinary document when it is placed in his or her agency personnel record.
(c) Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes, Oklahoma Open Records Act, shall govern access to disciplinary documents.
(1) An employee shall have a right to review disciplinary documents in his or her agency personnel record.
(2) The Commission, because of statutory responsibility, shall have a right of access to disciplinary documents.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-9 - Statistics

Current through Vol. 41, No. 20, July 1, 2024
(a) The appointing authority shall maintain statistical information about the number and nature of formal disciplinary actions.
(b) The appointing authority shall provide to the Commission, on a fiscal year basis, a discipline report containing the following information:
(1) the number of formal disciplinary actions taken, by type of discipline;
(2) the pay band, sex and race of each employee receiving formal discipline.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-10 - First phase-informal discipline

Current through Vol. 41, No. 20, July 1, 2024
(a) The first phase of progressive discipline shall be informal discipline and may include steps of verbal warning, informal discussion, corrective interview and oral reprimand, etc. This phase shall serve to streamline the progressive discipline system and to bring potential problems to an employee's attention before they escalate. Documentation of informal discipline may be noted and maintained by the supervisor and employee.
(b) Informal discipline may be given to correct infractions of statute, rule, policy, practice or procedure regarding work performance or behavior. In administering informal discipline, an employee shall be told, as a minimum, of:
(1) the nature of the problem which is cause for the discipline and steps which must be taken to resolve the problem; and
(2) the consequences of repeated infractions or continuing deficient performance or behavior.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-11 - Second phase-formal discipline

Current through Vol. 41, No. 20, July 1, 2024
The second phase of progressive discipline shall be formal discipline and shall include written reprimand, suspension without pay, involuntary demotion and discharge. An employee may receive formal discipline to correct violations of statute, rule, policy, practice or procedure regarding work performance or behavior. Absent aggravating conditions, formal discipline is normally administered after informal discipline has failed to produce acceptable results. Formal discipline documentation shall include a citation of any other informal or formal discipline which was used in the decision to administer formal discipline.
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 11 - Discipline › Section 455:10-11-13 - Written reprimand

Current through Vol. 41, No. 20, July 1, 2024
(a) Supervisors may administer a written reprimand to correct violations of statute, rule, policy, practice or procedure regarding work performance or behavior. A written reprimand shall include, as a minimum:
(1) the date of the written reprimand;
(2) the statute, rule, policy, practice or procedure regarding work performance or behavior which was violated;
(3) a statement of the act or incident which is cause or reason for the written reprimand;
(4) steps which can be taken to resolve the problem;
(5) a citation of any other informal or formal discipline which was used in the decision to administer the written reprimand; and
(6) consequences of repeated infractions or continuing deficient performance or behavior.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-14 - Causes for discharge, suspension without pay or involuntary demotion

Current through Vol. 41, No. 20, July 1, 2024
Any employee in the classified service may be discharged, suspended without pay for not to exceed sixty (60) calendar days, or demoted by the agency, department, institution, or officer by whom employed, for misconduct, insubordination, inefficiency, habitual drunkenness, inability to perform the duties of the position in which employed, willful violation of the Oklahoma Personnel Act or of the rules prescribed by the Office of Personnel Management or by the Oklahoma Merit Protection Commission, conduct unbecoming a public employee, conviction of a crime involving moral turpitude, or any other just cause
[74:840-6.5(C)].
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-13-95, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-15 - Suspension without pay

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A permanent classified employee may be suspended without pay for any of the reasons set forth in OAC 455:10-11-14.
(b)
Notice.
The employee shall be provided notice of the proposed suspension without pay, by personal service or certified or registered mail. Pending completion of the notice and response opportunity, an employee may be suspended with pay in accordance with rules adopted by the Administrator of the Human Capital Management Division. The notice shall include, as a minimum:
(1) the statute, rule, policy, practice or procedure regarding work performance or behavior which was violated and cause for the proposed suspension without pay.
(2) the specific acts or omissions which are cause or reason for the proposed suspension without pay;
(3) an explanation of the evidence which justifies the proposed suspension without pay, and
(4) an opportunity, either in writing or orally, to present reasons why the proposed suspension without pay is improper.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 11 - Discipline › Section 455:10-11-16 - Involuntary demotion

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A permanent classified employee may be involuntarily demoted for any of the reasons set forth in OAC 455:10-11-14.
(b)
Notice.
The employee shall be provided notice of the proposed involuntary demotion, by personal service or certified or registered mail. Pending completion of the notice and response opportunity, an employee may be suspended with pay in accordance with rules adopted by the Administrator of the Human Capital Management Division. The notice shall include, as a minimum:
(1) the statute, rule, policy, practice or procedure regarding work performance or behavior which was violated and cause for the proposed involuntary demotion;
(2) the specific acts or omissions which are cause or reason for the proposed involuntary demotion;
(3) an explanation of the evidence which justifies the proposed involuntary demotion, and
(4) an opportunity, either in writing or orally, to present reasons why the proposed involuntary demotion is improper.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 13 - Discovery › Section 455:10-13-1 - Commission Discovery Code

Current through Vol. 41, No. 20, July 1, 2024
This section shall be known and cited as the Commission Discovery Code (Code). This Code shall govern the procedure for discovery in matters before the Commission to provide for the just, speedy and inexpensive determination of actions. A party requesting discovery shall show a reasonable need for the information requested. Each party shall participate in the discovery process, to the maximum extent possible, without intervention by the Commission. Any matter pertaining to discovery not defined or addressed by these rules shall be ruled on by the Executive Director or presiding official.
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 13 - Discovery › Section 455:10-13-2 - Discovery methods, scope and limits

Current through Vol. 41, No. 20, July 1, 2024
(a) Discovery may be requested and obtained by interrogatories (written questions); request for production of documents, requests for admissions and depositions. Discovery methods may be used in any sequence and the fact that a party is conducting discovery shall not operate to delay discovery by another party.
(b) Discovery may begin after an order is issued scheduling the appeal for hearing or the Alternative Dispute Resolution Program. Discovery shall be limited only to those issues to be heard by the Commission.
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 13 - Discovery › Section 455:10-13-3 - Signing and supplementation of requests, responses and objections

Current through Vol. 41, No. 20, July 1, 2024
A request, response or objection to discovery shall be signed by the party or his or her designated representative. A party responding to a request that was complete when it was made shall supplement the response when it is discovered the response was incorrect when made or the response is no longer true.
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 13 - Discovery › Section 455:10-13-4 - Discovery orders

Current through Vol. 41, No. 20, July 1, 2024
At the written request of a party, the Executive Director or presiding official may order discovery if the request includes a statement of the issues in dispute; a proposed plan and schedule for discovery; any proposed limitations; and a statement showing that a reasonable effort to reach agreement with the opposing party on the matters set forth in the request has been made. The request shall include an affidavit of service to all other parties by submission on the on-line filing system. A response may be filed within 10 calendar days after the request is filed with the Commission and shall include an affidavit of service to all other parties by submission on the on-line filing system. The presiding official may rule on discovery requests at the prehearing conference or preparation conference.
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 13 - Discovery › Section 455:10-13-5 - Experts

Current through Vol. 41, No. 20, July 1, 2024
Parties calling expert witnesses shall be required to state the subject matter on which the person is considered an expert and facts and opinions on which the expert witness will testify.
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 13 - Discovery › Section 455:10-13-6 - Protective orders

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director or presiding official may issue an order to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense, including but not limited to the following:
(1) that discovery not be permitted;
(2) that discovery be permitted only on specific terms and conditions, including a designation of the time or place;
(3) that discovery be permitted only by a specific method;
(4) that certain matters not be inquired into, or that discovery be conducted with no one present except designated persons; and
(5) that privileged or confidential information not be disclosed or be disclosed only in a designated way.
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 13 - Discovery › Section 455:10-13-7 - Interrogatories (written questions)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Availability and procedure.
A party may serve on any other party written questions not to exceed 20 in number. Each question shall be answered separately and fully in writing or shall be objected to by the person making the answer. If objected to, the reasons shall be stated. Answers or objections shall be made within 10 calendar days after service unless a shorter or longer time is ordered or agreed upon by the parties.
(b)
Scope and use.
Questions may relate to any relevant matter which is material to the issues in dispute. It is not a ground for objection that an answer relates to fact or the application of law to fact.
(c)
Option to produce records.
Where the answer to a question may be obtained from the records kept by a party, it is a sufficient answer to specify the records from which the answer may be obtained. The answer shall afford the party making the request an opportunity to examine, audit or inspect such records.
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 13 - Discovery › Section 455:10-13-8 - Request for documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope and procedure.
A party may serve on any other party a request to produce, inspect and copy any designated documents not confidential or privileged. A request shall describe the items to be inspected and a reasonable time, place and manner of making the inspection and performing the related acts.
(b)
Response.
A written response shall be made within 10 calendar days after the service of a request unless a shorter or longer time is ordered or agreed upon by the parties. If objected to, the reasons shall be stated. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in 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 13 - Discovery › Section 455:10-13-9 - Request for admission

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A party may serve on any other party a written request for admissions of the truth of any matters that relate to statements or opinions of fact or of the application of law to fact. This includes the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have otherwise been furnished or made available for inspection and copying. The number of requests for admissions shall be limited to 20 in number.
(b)
Response.
Each matter for which an admission is requested shall be answered separately. The answer shall admit or deny the matter or state why the answering party can not admit or deny the matter. A written response shall be made within 10 calendar days after the service of a request unless a shorter or longer time is ordered or agreed upon by the parties. If an objection is made the reasons shall be stated.
(c)
Effect of admission.
Any matter admitted is established unless withdrawal or amendment of the admission is permitted.
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 13 - Discovery › Section 455:10-13-10 - Depositions

Current through Vol. 41, No. 20, July 1, 2024
A party may ask questions of any other party or person, under oath, before a person authorized to administer such oath (depositions). A written transcript shall be made by the person seeking the deposition and that person shall provide a copy to the other party or person.
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 13 - Discovery › Section 455:10-13-11 - Failure to make or cooperate in discovery

Current through Vol. 41, No. 20, July 1, 2024
For purposes of this section an evasive or incomplete answer may be treated as a failure to answer. If a party or his or her designated representative knowingly fails to obey a Commission order to provide or permit discovery, the Commission may issue any other such orders which are just and may order the party or other person failing to act to pay the reasonable discovery fee costs, including attorney fees. Failure to act as described in this section may not be excused on the ground that the discovery sought was objectionable.
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 15 - Attorney Fees and Costs › Section 455:10-15-1 - Award

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A presiding official of any hearing or Alternative Dispute Resolution Program procedure may order payment of reasonable attorney fees and costs to the prevailing party if the position of the nonprevailing party was without reasonable basis or was frivolous.
(b)
Burden of proof.
The prevailing party shall bear the burden of proof that he or she is entitled to an award of attorney fees and costs by a preponderance of the evidence.
(c)
Showing of proof.
To be entitled to an award of attorney fees and costs, the prevailing party shall be deemed to have prevailed if he or she received all or a significant part of the relief sought through the appeal. Attorney fees shall not be awardable for non-attorney pro-se representation. There shall be a finding that the nonprevailing party's position was without reasonable basis or was frivolous.
(d)
Standards.
The without reasonable basis or frivolous standard includes, but is not limited to:
(1) where the nonprevailing party's action was clearly without merit or was wholly unfounded;
(2) where the nonprevailing party initiated an action against the prevailing party in bad faith, including where the action was brought to harass or intimidate the prevailing party;
(3) where the nonprevailing party committed a gross procedural error which prolonged the proceeding or severely prejudiced the prevailing party; and
(4) where the nonprevailing party knew or should have known he or she would not prevail on the merits of the action taken.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 15 - Attorney Fees and Costs › Section 455:10-15-2 - Reasonable costs

Current through Vol. 41, No. 20, July 1, 2024
Reasonable costs shall be determined primarily through costs associated with the defense of the specific action before the Commission.
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 15 - Attorney Fees and Costs › Section 455:10-15-3 - Reasonable attorney fees

Current through Vol. 41, No. 20, July 1, 2024
Reasonable attorney fees shall be determined primarily though the analysis of the number of hours devoted to the appeal multiplied by a reasonable hourly billing rate. Reasonable attorney fees may be determined by looking at fees awarded the attorney in the past.
(1) The prevailing community rate is considered a reasonable hourly rate.
(2) The fee agreement between an attorney and a party to the appeal or any organization, union or association representing a party, establishes a presumption that the amount agreed upon is the maximum reasonable amount.
(3) The actual rate of pay for a state attorney representing a party shall be a reasonable rate.
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 15 - Attorney Fees and Costs › Section 455:10-15-4 - Request

Current through Vol. 41, No. 20, July 1, 2024
A request for the award of attorney fees or costs shall be filed with the Commission within 10 calendar days after the issue date of the final decision and shall include an affidavit of service to all other parties. This time limit is statutory and may not be extended [74:840-6.8(B)].
(1)
Grounds.
The request shall specifically state why an award of attorney fees or costs should be made and shall be supported by evidence to substantiate the request and evidence to determine whether or not the amount claimed is reasonable.
(2)
Evidence.
Evidence submitted with the request shall include, as a minimum:
(A) adequate time records so the reasonableness of the claimed fee can be ascertained;
(B) a copy of any fee agreement between the attorney and the client or any fee agreement between the attorney and any organization, union or association representing the client;
(C) the attorney's customary billing rate for similar work, provided the attorney has a billing practice to report;
(D) evidence of the prevailing community rate sufficient to establish a market value for the services rendered;
(E) specific evidence of the prevailing rate for similar work of attorneys of comparable experience and reputation; and
(F) specific detailed documentation identifying the actual costs associated with the request.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 15 - Attorney Fees and Costs › Section 455:10-15-5 - Addendum decision

Current through Vol. 41, No. 20, July 1, 2024
The presiding official shall file an addendum decision with the Commission within 20 calendar days after receipt of a request and any responses. The presiding official shall scrutinize with due care the hours and billing rates claimed. The addendum decision shall include findings of fact and conclusions of law written in clear and concise language. The Executive Director shall issue the addendum decision to the parties within 5 calendar days after the addendum decision is filed with the Commission. The addendum decision shall be final and conclusive except as provided for 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 15 - Attorney Fees and Costs › Section 455:10-15-6 - Frivolous appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) Excluding appeals heard through the hearing or Alternative Dispute Resolution Program, any party may be assessed attorney fees and costs if the Commissioners determine an appeal is frivolous. A request for attorney fees and costs of processing an appeal shall comply with the provisions of this section.
(b) The Executive Director may file a request with the Commissioners in accordance with this section for reimbursement of any attorney fees and costs associated with processing an appeal. Such action shall be taken only after a party has been provided written notice of the actions the Executive Director may take. The party shall be afforded an opportunity to respond and provide additional evidence to support his or her position.
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 17 - Alternative Dispute Resolution › Section 455:10-17-2 - Alternative Dispute Resolution advantages

Current through Vol. 41, No. 20, July 1, 2024
There are many advantages to ADR. The advantages generally recognized are the economics of time and money; the expertise of a neutral facilitator; confidentiality; the opportunity for a "day in court"; the direct involvement of the parties involved and the preservation of working relationships.
(1)
Time and money.
The advantage of saving time and money is the most alluring. For example, resolving within weeks differences arising out of ordinary employment transactions, as opposed to months of legal litigation, obviously produces savings. Legal costs are reduced. The time necessary for an employee or agency to continually monitor the problem is eliminated and the aggravation flowing from unresolved problems is eliminated.
(2)
Facilitator.
The expertise of a neutral facilitator is an advantage that cannot be ignored. A facilitator has hands-on experience on the issues in dispute and has been trained by the Commission. The facilitator can get to and address the issues in dispute without legal perspectives.
(3)
Confidentiality.
The advantage of a confidential procedure is often overlooked. Problems of adverse publicity and the element of embarrassment over the dispute can be avoided.
(4)
Day in court.
ADR affords the parties an opportunity to tell their side of the dispute. The parties have their "day in court" which allows their anger and emotions to subside and the healing process to begin.
(5)
Direct involvement.
ADR allows agency supervisors and managers to become involved more quickly in settling disputes. Often the dispute is between employees, supervisors and managers who have an ongoing working relationship. The preservation of this relationship is beneficial to everyone and an early resolution of the dispute is highly desirable.
Added at 11 Ok Reg 1871, eff 5-12-94; 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 17 - Alternative Dispute Resolution › Section 455:10-17-3 - Negotiation conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The negotiation conference provides an opportunity for the parties to present and discuss settlement with each other and a neutral Alternative Dispute Resolution Program (ADRP) facilitator in order to resolve the issues of an appeal. The parties may discuss, negotiate and settle any differences or issues in reaching a resolution of the appeal. The Executive Director may schedule a negotiation conference:
(1) on an alleged violation appeal, after a determination has been made a violation within the Commission's jurisdiction may have occurred;
(2) on a payroll claim protest, after a properly filed protest has been presented to the Commission; or
(3) on an adverse action appeal, after a determination has been made the appeal is timely filed and the Commission has jurisdiction.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 17 - Alternative Dispute Resolution › Section 455:10-17-4 - Preparation conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Executive Director may schedule a preparation conference on any appeal set for Alternative Dispute Resolution. The preparation conference provides an opportunity for the parties to discuss and present their respective cases with each other and an Alternative Dispute Resolution Program (ADRP) facilitator in order to clarify, isolate and dispose of procedural issues before any further ADRP procedure. The Executive Director may schedule a preparation conference after a negotiation conference and before any other ADR procedure is used.
(b)
Party responsibility.
Each party shall be present, on time and prepared. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown. Prior to the preparation conference each party shall file the original with the Commission and provide to the ADRP facilitator and each other party a copy of:
(1) a brief statement of his or her respective case, to include a list of what he or she will agree to and the remedy he or she is seeking;
(2) a list of witnesses who have direct knowledge of the facts surrounding the issues in dispute. The list shall include a brief statement of the testimony each witness has to offer;
(3) a list of those witnesses and the address for each witness for whom a subpoena is required;
(4) a list of documents associated with the issues in dispute. The original or a copy of each document shall be attached to the list; and
(5) any requirements for discovery.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 17 - Alternative Dispute Resolution › Section 455:10-17-5 - Summary conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The summary conference provides an opportunity for each party to present oral argument (explanation) and offers of proof (documentation), in a limited amount of time, of his or her respective case for decision by an Alternative Dispute Resolution Program (ADRP) facilitator or a panel of ADRP facilitators. Proof is presented, but no formal rules of evidence apply. The Executive Director may schedule a summary conference after a preparation conference.
(b)
Party responsibility.
Each party shall be present, on time and prepared. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown.
(c)
Representation.
Each party to the appeal may have a representative accompany him or her to the conference to speak and act on his or her behalf.
(d)
Facilitator.
The Executive Director may assign a single ADRP facilitator or a panel of three ADRP facilitators. If the Executive Director assigns a panel, he or she shall name a chair ADRP facilitator who shall be responsible for administrative matters. The ADRP facilitator(s) shall:
(1) take an active role in the conference to determine the facts and maintain neutrality and impartiality at all times;
(2) have the flexibility to adapt the conference to the situation at hand;
(3) consider any matters which will aid in the fair and prompt resolution and disposition of the appeal, including settlement;
(4) provide each party an opportunity to explain and present documents in support of his or her respective case;
(5) rule on the relevancy of evidence; and
(6) terminate the conference because of the disruptive behavior or conduct of a party or representative.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 17 - Alternative Dispute Resolution › Section 455:10-17-6 - Binding Arbitration conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The binding arbitration conference provides an opportunity for each party to present witnesses and evidence in support of his or her respective case for decision by an Alternative Dispute Resolution Program (ADRP) facilitator or a panel of ADRP facilitators. Proof is presented but no formal rules of evidence apply. The Executive Director may schedule a binding arbitration conference after a preparation conference.
(b)
Party responsibility.
Each party shall be present, on time and prepared. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown.
(c)
Representation.
Each party to the appeal may have a representative accompany him or her to the conference to speak and act on his or her behalf.
(d)
Facilitator.
The Executive Director may assign a single ADRP facilitator or a panel of three ADRP facilitators. If the Executive Director assigns a panel, he or she shall name a chair ADRP facilitator who shall be responsible for administrative matters. The ADRP facilitator(s) shall:
(1) take an active role in the conference to determine the facts and maintain neutrality and impartiality at all times;
(2) have the flexibility to adapt the conference to the situation at hand;
(3) consider any matters which will aid in the fair and prompt resolution and disposition of the appeal, including settlement;
(4) provide each party an opportunity to present his or her case;
(5) rule on whether witnesses, documents, requests or motions are relevant; and
(6) terminate the conference because of the disruptive behavior or conduct of a party or representative.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 17 - Alternative Dispute Resolution › Section 455:10-17-7 - Non-binding arbitration conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The non-binding arbitration conference provides an opportunity for each party to present witnesses and evidence in support of his or her respective case for decision by an Alternative Dispute Resolution Program (ADRP) facilitator or a panel of ADRP facilitators. Proof is presented but no formal rules of evidence apply. The Executive Director may schedule a non-binding arbitration conference after a preparation conference.
(b)
Party responsibility.
Each party shall be present, on time and prepared. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown.
(1) Each party to the appeal shall speak for himself or herself.
(2) The appointing authority may name a spokesperson to speak and act on behalf of the agency. The spokesperson shall have direct knowledge of or involvement in the incidents surrounding the appeal. The appointing authority shall not name a legal representative to act in this capacity unless the legal representative has direct knowledge of or involvement in the incidents surrounding the appeal.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 17 - Alternative Dispute Resolution › Section 455:10-17-8 - Oklahoma State Shared Mediation Program (OSSMP)

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Oklahoma State Shared Mediation Program (OSSMP) is a project of the Commission to provide mediation as an alternative means to resolve disputes in the state workplace. The purpose of the OSSMP is to resolve disputes at the earliest possible time to increase the quality of communication with the workforce, to maintain a productive work environment and to reduce the costs and time involved with formal processes. The Commission will establish guidelines for use of the OSSMP. The OSSMP provides an opportunity for agencies and employees to voluntarily settle appeals, grievances and other employment disputes and conflicts. It is not necessary for a petition for appeal or internal agency grievance to be filed before requesting or using the OSSMP.
(b)
Participant responsibility.
The participants shall be present and on time. Failure to do so may result in dismissal of the mediation session. Each participant shall mediate in good faith, without time constraints, and put forth their best efforts with the intention of reaching settlement, if possible. Even if the participants do not reach a complete settlement, they may reach agreement on various issues.
(1) Each participant shall speak for himself or herself.
(2) If the appointing authority is involved in the dispute or conflict, he or she may name a spokesperson to speak and act on behalf of the agency. The spokesperson shall have knowledge of the incidents surrounding the dispute and shall have settlement authority. The appointing authority shall not name a legal representative to act in this capacity unless the legal representative has knowledge of the incidents surrounding the dispute.
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 455:10-19-1 - General

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Merit Protection Commission shall establish standard internal agency grievance resolution procedures for classified state employees
[74:840-6.2(A)]. It is the Commission's policy to seek resolution of disputes at the lowest level possible The Commission will not normally intervene when the issues in dispute are being addressed through the internal agency grievance resolution procedure.
Added at 12 Ok Reg 2823, eff 7-13-95; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-19-1 reverted back to the permanent text that became effective 7-15-02, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.