reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-5 - Answer

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing; filing time limit.
A respondent shall file a written answer, or other responsive pleading permitted by these rules, with certificate of service, to an unfair labor practice complaint filed under the FPAA within ten (10) days after service of the complaint.
(b)
Contents.
The answer shall contain the following:
(1) A specific admission, denial, or explanation of each allegation of the complaint, or, if respondent is without knowledge thereof, respondent shall so state and that statement shall constitute a denial. Admissions or denials may be made to all or part of the allegation, but shall fairly meet the substance of the allegation.
(2) A specific and appropriately detailed statement of any defense.
(3) A clear and concise statement of the facts and matters of law relied upon constituting any grounds of defense.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-6 - Informal disposition

Current through Vol. 41, No. 20, July 1, 2024
(a) Any unfair labor practice case case commenced with the Board may be informally settled by stipulation, agreed settlement, consent order, default, or by any other method agreed upon by the parties in writing.
(b) Evidence of any proposed offer of settlement of an unfair labor practice complaint shall be inadmissible at the hearing thereon.
Added at 24 Ok Reg 1644, eff 6-11-071; Amended at 29 Ok Reg 1364, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-7 - Violation of the FPAA

Current through Vol. 41, No. 20, July 1, 2024
Violation of the FPAA may result in enforcement pursuant to state statute.
Added at 24 Ok Reg 1644, eff 6-11-071; Amended at 29 Ok Reg 1364, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 30 - Unfair Labor Practice and Prohibited Practice Charges › Section 585:30-1-8 - Liberal construction

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the FPAA.
Added at 24 Ok Reg 1644, eff 6-11-071; Amended at 29 Ok Reg 1364, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 1 - General Provisions › Section 585:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter provide procedures for filing representation and decertification petitions; set out the requirements for the content of petitions and for show of interest; the responsibilities of corporate authorities; bars to an election; unit determination; and other matters concerning representation petitions; pursuant to 11 O.S., §51-103 of the Fire and Police Arbitration Act (FPAA).
Added at 24 Ok Reg 1645, eff 6-11-071; Amended at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 1 - General Provisions › Section 585:35-1-2 - Statutory definitions

Current through Vol. 41, No. 20, July 1, 2024
Terms used in this Chapter shall have the same meaning as defined in the FPAA and these Rules unless their context clearly indicates otherwise.
Added at 24 Ok Reg 1645, eff 6-11-071; Amended at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 1 - General Provisions › Section 585:35-1-3 - Additional definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in these rules, shall have the following meaning, unless the context clearly indicates otherwise:
"Administrator" or "Administrator of the Board"
means the program administrator of the Board appointed pursuant to 11 O.S., §51-104a.
"APA"
means the Oklahoma Administrative Procedures Act, 75 O.S., §250, et seq.
"Board"
or
"PERB"
means the Public Employees Relations Board.
"FPAA"
means the Fire and Police Arbitration Act, 11 O.S., §51-101, et seq.
"Hearing Officer"
means that individual designated by the Board to conduct a hearing. This individual must meet the definition of "Hearing Examiner" set out in 75 O.S. §
									250.3.
"Party"
means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.
"Quorum"
means three members of the Board shall constitute a quorum and may transact any business or hold any hearing by a unanimous vote of the quorum. Any action of the Board shall require the affirmative vote of three members.
Added at 24 Ok Reg 1645, eff 6-11-071; Amended at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 1 - General Provisions › Section 585:35-1-4 - Violation of the FPAA

Current through Vol. 41, No. 20, July 1, 2024
Violation of the FPAA may result in enforcement pursuant to state statute.
Added at 24 Ok Reg 1645, eff 6-11-071; Amended at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 1 - General Provisions › Section 585:35-1-5 - Liberal construction

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the FPAA.
Added at 24 Ok Reg 1645, eff 6-11-071; Amended at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-1 - Petition filing and contents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing.
A representation or decertification petition may be filed with the Board by:
(1) A labor organization alleging that thirty percent (30%) of the firefighters or police officers in a municipality wish to be represented for collective bargaining by an employee representative;
(2) A labor organization or an employee in the bargaining unit alleging that thirty percent (30%) of the firefighters or police officers in a municipality assert that the designated exclusive employee representative is no longer the representative of the majority of the employees in the unit; or,
(3) An employer alleging that one or more labor organizations has presented to it a claim to be recognized as the exclusive employee representative in an appropriate unit.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-2 - Bars to an election

Current through Vol. 41, No. 20, July 1, 2024
Notwithstanding the filing or pendency of an election petition, the Board shall conduct no representation election when one or more of the following conditions exist:
(1)
Election bar.
During the one (1) year period following the date of certification, decertification or noncertification subsequent to a valid representation election.
(2)
Existence of collective bargaining agreement.
Whenever a collective bargaining agreement exists, provided such agreement is written and executed by the parties to it. This contract bar shall not apply to a representation election in a unit clarification case.
(3)
Decertification elections.
Petitions for decertification which are filed with the Board not less than one hundred eighty (180) nor more than two hundred forty (240) days prior to the stated expiration date of an otherwise valid collective bargaining agreement shall be processed by the Board notwithstanding the provisions of (2) of this subsection, and any election ordered by the Board pursuant to 11 O.S., §51-103, shall be conducted not more than one hundred eighty (180) days nor less than one hundred fifty (150) days prior to the expiration of the collective bargaining agreement.
(4)
Disclaimer of representation.
Notwithstanding the provisions of (3) of this subsection, the Board will process a valid decertification petition accompanied by an adequate show of interest as required by 585:35-3-1 at any time if the certified employee organization files a disclaimer of representation. A disclaimer of representation is a statement signed by an authorized representative of the certified employee organization, stating that the employee organization wishes to disclaim representation of the employees in the certified bargaining unit.
Added at 24 Ok Reg 1645, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-3 - Evidence of representation or legitimate interest; authorization cards

Current through Vol. 41, No. 20, July 1, 2024
Evidence of representation or legitimate interest may be either individual authorization cards, membership records, or petition. In any case, the petition, membership records, or authorization cards must show the address and be signed and dated by the employee expressing an intent to be represented by a specific bargaining agent. Cards shall be considered valid if the dates thereon, and other evidence provided to the Board, indicate a regularity of continuing interest by the employees signing the petition or authorization cards. Such evidence of interest shall be presumed if the cards or other evidence of interest are signed within 180 days of the filing date.
Added at 24 Ok Reg 1645, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-4 - Showing of interest; determination of adequacy

Current through Vol. 41, No. 20, July 1, 2024
The showing of interest submitted to the Board shall not be furnished to any of the opposing parties. The Board alone shall determine the adequacy of the showing of interest, and the Board's decision shall not be subject to collateral attack at a hearing before the Board.
Added at 24 Ok Reg 1645, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-5 - Responsibilities of corporate authority

Current through Vol. 41, No. 20, July 1, 2024
The corporate authority shall furnish the Board, within twenty (20) days of receipt of a notice from the Board, an alphabetical list of names, addresses, departments and job titles of all employees within the proposed bargaining unit as described in the petition. The list of employees shall be as shown by the payroll for the period immediately preceding the date on which the petition for representation was filed with the Board. The corporate authority shall designate, by notation on the list, those persons it considers to be permanent, paid employees. Failure by the corporate authority to furnish such a list within the time allowed may be deemed to be an admission of the sufficiency of the petitioner's showing of interest.
Added at 24 Ok Reg 1645, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-6 - Determination of collective bargaining unit

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall decide in each case before it, in which the issue is raised, the unit appropriate for the purpose of collective bargaining, and shall consider such factors as community of interest, wages, hours, and other working conditions for the employees involved, the history of collective bargaining for the proposed unit, if any, and the desires of the employees.
(b) For a unit of firefighters or police officers, the terms "firefighters" and "police officers" shall mean the permanent paid members of any fire department or police department in any city, town or municipality within the State of Oklahoma but shall not include the chief of police and an administrative assistant and the chief of the fire department and an administrative assistant. The administrative assistant shall be that person so designated by the chief of police and that person so designated by the chief of the fire department.
Added at 24 Ok Reg 1645, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-7 - Investigation

Current through Vol. 41, No. 20, July 1, 2024
Subsequent to the filing of a petition for decertification, the Board may direct an investigation of all questions concerning representation, including, if applicable, whether the showing of interest requirement, as set forth in the FPAA, has been met; whether one or more bargaining agents seek to represent some or all of the employees in the allegedly appropriate unit; and whether there is an agreement among the parties as to the appropriateness of the unit.
Added at 24 Ok Reg 1645, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-8 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
The Board may direct a hearing following the filing of a petition for decertification, and any such hearing shall be conducted under the rules prescribed in Chapter 2, Subchapter 7 of this Title.
Added at 24 Ok Reg 1645, eff 6-11-071
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 3 - Representation Petitions Under the FPAA › Section 585:35-3-9 - Petition for consent election

Current through Vol. 41, No. 20, July 1, 2024
(a) Where a question of representation exists, the parties involved may petition the Board to hold an election to determine the exclusive bargaining agent, if any, for such unit.
(1) The consent election shall be conducted under the direction and supervision of the Board.
(2) An election shall not be directed in any bargaining unit or any subdivision thereof within which, in the preceding twelve-month period, a valid election has been held.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-1 - Petition for bargaining unit determination [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-2 - Petition for certification or decertification [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-3 - Bargaining unit determination [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-4 - Disposition [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-5 - Bars to an election [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-6 - Evidence of representation or legitimate interest; authorization cards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-7 - Showing of interest; determination of adequacy [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 5 - Representation Petitions Under the MECBA [Revoked] › Section 585:35-5-8 - Responsibilities of municipal employer [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1645, eff 6-11-071; Revoked at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 7 - Elections › Section 585:35-7-1 - Election procedure

Current through Vol. 41, No. 20, July 1, 2024
The following procedure shall be followed when conducting an election to determine the exclusive bargaining agent for a unit:
(1)
General.
All elections shall be by secret ballot, at times, places, and in such manner as the Board may direct, and may be conducted by the Administrator of the Board or a designated agent of the Board, whose determination of all questions arising shall be final, subject, however, to review by the Board.
(2)
Ballots.
(A) Ballots shall be prepared and issued by the Board. The color of the ballot must not be disclosed to any of the parties prior to the opening of the polls. Ballots shall contain the name of each bargaining agent and a choice of "no representative" in inclusive elections.
(B) The places on the ballot shall be based on agreement among the parties if there is an agreement and on chance if there is no agreement among the parties. In the case of a run-off election involving two bargaining agents, their position on the ballot shall be the same as their position on the ballot during the first election.
Oklahoma Administrative Code › Title 585 - Public Employees Relations Board › Chapter 35 - Certification Cases › Subchapter 7 - Elections › Section 585:35-7-2 - Certification of election results

Current through Vol. 41, No. 20, July 1, 2024
(a) If the challenged ballots are insufficient in number to affect the result of an election to determine an exclusive bargaining agent, and if no run-off election is to be held, the Board shall forthwith issue to the parties a certification of the results of the election, including certification of an exclusive bargaining agent, where appropriate.
(b) If the challenged ballots are sufficient in number to affect the results of an election, the Board shall determine the adequacy of the challenged ballots. Once the Board has made a ruling on the challenged ballots, they shall be counted accordingly and the Board shall then certify the results of the election.
(c) The Board's certification as to the result of the election and the exclusive bargaining agent shall be final, subject only to being modified, revoked, or sustained in a hearing on any objections to the conduct of the parties or conduct of the Board. Time for appeal shall not commence to run until such time as the Board issues an order on any objections filed as to the conduct of the parties or conduct of the Board.
(d) The Board may also certify a labor organization as the exclusive bargaining agent if it determines that a free and untrammeled election cannot be conducted because of the employer's unfair labor practice.
Added at 24 Ok Reg 1645, eff 6-11-071; Amended at 29 Ok Reg 1366, eff 6-25-12
1See Editor's Note at beginning of this Chapter.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of Chapter 1 is to outline the administrative
				  structure of the Oklahoma Public Employees Retirement System, including the
				  Board of Trustees and Executive Director. It further provides the procedures
				  for enforcing administrative rights of members of the System.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-2 - System purpose and authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
				This agency, known as the Oklahoma Public Employees Retirement System, was
				established to provide:
(1) an orderly means
				whereby employees, of participating employers, who are eligible as set by
				statute, may transfer to inactive service without undue hardship and without
				prejudice;
(2) for said employees
				to accumulate reserves adequate to provide for themselves and their
				dependents;
(3) to effectively and
				efficiently administer the programs necessary to attain these goals for public
				employees;
(4) to effectively and
				efficiently administer the programs necessary to attain these goals for
				Justices and Judges; and
(5) to
				effectively and efficiently administer the Defined Contribution Plans for state
				employees.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-3 - Board of Trustees

Current through Vol. 41, No. 20, July 1, 2024
(a) The membership
				of the Board of Trustees shall be governed by statute, namely 74 O.S., Section
				905.
(b) The Board shall serve the
				System without compensation but shall receive their actual and necessary
				expenses, subject to statutory limitations applying to other State employees,
				as are incurred in the performance of duties of the Board, which shall be paid
				as an operating expense from the appropriate operating fund of the
				System.
(c) The Board shall elect
				one of its Members as Chairman of the Board at its annual meeting and shall
				also elect another Member to serve as Vice Chairman and the Vice Chairman shall
				perform the duties of the Chairman in the absence of the latter.
(d) The Board may establish such committees
				as may be needed. Each committee shall be composed of not more than five (5)
				members of the Board of Trustees, appointed by the Chairman of the Board. The
				committees shall make recommendations on any matters before them, but shall
				have no authority to act on behalf of the Board. No recommendations of any
				committee shall have effect without approval of the Board of
				Trustees.
Amended at 12 Ok Reg
				  3235, eff 7-27-95
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-4 - Executive Director

Current through Vol. 41, No. 20, July 1, 2024
(a) The Executive
				Director is appointed by the Board of Trustees and is the administrative
				officer for the Board. He is responsible for the general administration of the
				Retirement System.
(b) The
				Executive Director shall have the following powers and duties:
(1) Responsibility for maintaining records of
				the individual Members, records of all types of funds, reserves, and equipment
				necessary for the operation of the accounting procedures.
(2) Under his direction, coordination of
				investments with the Investment Managers; establishing and monitoring
				acceptable methods for receipt, recording and depositing of all funds of the
				System; and directing the implementation of investment policies of the Board by
				coordination with the Investment Managers.
(3) Under his direction, approval of
				Enrollment Applications, responsibility for the proper enrollment of members,
				and providing information to Retirement Coordinators and participants as to the
				benefits.
(4) Withholding income
				tax from benefits paid by the Oklahoma Public Employees Retirement System,
				unless election is made to make an estimated payment directly to the IRS.
				Alternatives are available to retirants for withholding purposes.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-5 - Retirement Coordinators

Current through Vol. 41, No. 20, July 1, 2024
(a)
Appointment.
Retirement Coordinators shall be appointed for each
				participating county, city, town or county hospital and each State agency to
				serve as a representative between the Retirement Board and the participating
				Employer.
(b)
Responsibilities.
These Retirement Coordinators shall be
				responsible for the enrollment, assistance of the completion of forms, and
				instructions to the members on behalf of the participating employer relating to
				the Oklahoma Public Employees Retirement System.
(c)
Notice to members; Plan
				information.
The Retirement Coordinator shall be responsible for
				ensuring that each participating member of the System is provided basic Plan
				information in the form of the most current Member Handbook or other similar
				publications from the System, and all other official notices from the System.
				The member shall also be directed to the website of the System,
				www.opers.ok.gov, for more specific Plan information. Each Retirement
				Coordinator shall establish and maintain sufficient documentation to verify
				compliance with this rule, and shall furnish the verification upon request by
				the System.
(d)
Employment;
				training; liability.
The Retirement Coordinator is employed by and under
				the authority of each participating county, city, town or county hospital and
				each State agency and is not an employee of the System. The System will make
				available information and training opportunities, however, it is the
				responsibility of the Coordinator to become familiar with the Plan provisions
				and keep abreast of all changes and amendments. Neither the System nor the
				Board will be liable for or bound by any mistakes, errors or misrepresentations
				of the Retirement Coordinators.
Amended at 12 Ok Reg
				  3235, eff 7-27-95; Amended at 13 Ok Reg 3325, eff 7-25-96; Amended at 20 Ok Reg
				  1747, eff 6-12-03; Amended at 25 Ok Reg 994, eff 5-11-08; Amended at 29 Ok Reg
				  497, eff 5-11-12
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-6 - Hearing procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  3235, eff 7-27-95; Amended at 19 Ok Reg 798, eff 2-13-02 (emergency); Amended
				  at 19 Ok Reg 1474, eff 5-28-02; Amended at 20 Ok Reg 1747, eff 6-12-03; Revoked
				  at 25 Ok Reg 994, eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-7 - Declaratory rulings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 26 Ok Reg
				  120, eff 9-18-08 (emergency); Revoked at 26 Ok Reg 951, eff
				  4-25-09
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-8 - Petitions for rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Any interested person may petition the Board of Trustees requesting the
				promulgation, amendment, or repeal of a rule. Any such petition must be in
				writing and shall specify the requested action, the impact of the requested
				action and the desired outcome.
(b)
				The Board shall act upon the petition within 30 days of receipt. Failure to act
				within 30 days shall be deemed a denial of the petition.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 590:1-1-9 - Designee Board members

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The State Insurance Commissioner ,the Director of the Office of Management and
				Enterprise Services, and the Corporation Commissionare authorized to designate
				an individual to act in his or her place as a member of the Board of Trustees.
				This designation must be in writing, signed by the designating official and
				filed with the System. The designation must clearly indicate the identity of
				the designee and whether the designation is limited as to duration or is an
				on-going designation. The designation should also set forth instructions as to
				membership on any Committees where the official is a member. Absent specific
				instructions regarding committee attendance, it is assumed that the designee is
				authorized to appear at both Committee and Board meetings. Once a proper
				designation is filed, the designee may appear at meetings and may act on any
				items properly before the Board.
(b) The Corporation Commission and the
				Oklahoma Tax Commission shall each select a member of the respective Commission
				to serve on the Board of Trustees. Each Commission shall provide a notification
				of the selection in writing, signed by the Chairman of the respective
				Commission to be filed with the System. In lieu of such selection of a member,
				the Corporation Commission may select a designee of the Commission with
				notification as provided in subsection (a) of this section.
Added at 22 Ok Reg 125,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1353, eff
				  5-26-05
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-1 - Purpose and general overview of administrative hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this
				Subchapter is to give the member or participating employer, or in the case of a
				deceased member a joint annuitant or beneficiary, a reasonable way to have a
				disagreement or controversy considered fairly. In all cases, the member or
				participating employer, or the joint annuitant or beneficiary of a deceased
				member, shall have an opportunity to resolve disagreements with the System
				without a formal hearing.
(b)
Formal hearing.
If a case cannot be resolved informally, the
				provisions of this Subchapter provide for a formal hearing before a Hearing
				Examiner, who is not an employee or officer of the System. The Hearing Examiner
				makes proposed findings, conclusions and recommendations which are reviewed and
				acted upon by the Board of Trustees.
(c)
Right to appeal.
The member
				or participating employer, or the joint annuitant or beneficiary of a deceased
				member, retains the right to seek relief from a final order in an
				administrative hearing by the Board of Trustees by way of appeal to the
				District Court of Oklahoma County.
(d)
Governing rules.
The rules
				set forth in this Subchapter shall govern all contested proceedings before the
				System or its delegated Hearing Examiner. These rules shall be given the most
				reasonable meaning, taken in their total context, and will be construed to
				secure due process in the proper resolution of each controversy.
Added at 25 Ok Reg 994,
				  eff 5-11-08; Amended at 26 Ok Reg 951, eff
				  4-25-09
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
For purposes of this Subchapter:
"Claimant"
means the member or participating
				  employer, or in the case of a deceased member a joint annuitant or beneficiary,
				  filing an appeal with the System.
"System"
means the Oklahoma Public Employees
				  Retirement System, the Uniform Retirement System for Justices and Judges, the
				  Oklahoma State Employees Deferred Compensation Plan, and the Oklahoma State
				  Employees Deferred Savings Incentive Plan.
Added at 25 Ok Reg 994,
				  eff 5-11-08; Amended at 26 Ok Reg 951, eff
				  4-25-09
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-3 - Commencement of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Appeal.
A decision of the System affecting service credit,
				contributions, benefits, eligibility or any other rights of a claimant may be
				appealed to the Board of Trustees. The appeal must be commenced by filing a
				timely written request with the General Counsel. In order for the appeal to be
				considered timely, it must be filed within thirty (30) days after the date of
				mailing of the decision.
(b)
Contents of appeal.
The appeal shall be in writing and shall set
				forth the following:
(1) the name, address and
				Social Security number of the claimant;
(2) a statement regarding the nature or
				amount of the disagreement or dispute;
(3) a clear and concise assignment of each
				error alleged to have been committed;
(4) a brief summary of the argument and
				relevant legal authority upon which each assignment of error is made; provided,
				the claimant shall not be bound or restricted in the hearing, or on appeal, to
				the arguments and legal authorities contained and cited in this initial
				writing; and
(5) a statement of the
				relief sought.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-4 - Hearing Examiner

Current through Vol. 41, No. 20, July 1, 2024
Appeals to the Board of Trustees shall be assigned to a
				  Hearing Examiner who will conduct a pre-hearing conference and an evidentiary
				  hearing and prepare a proposed order for the Board of Trustees. The Chair of
				  the Board of Trustees, or a designee of the Chair, shall appoint the Hearing
				  Examiner from a list of individuals previously selected by the Board of
				  Trustees to act in this role.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-5 - Representation and participation in administrative proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Pro se or
				legal counsel.
Claimant may appear pro se at any stage of the proceeding
				or may be represented by legal counsel, provided such counsel must be duly
				licensed to practice law in the State of Oklahoma, and that such counsel has
				the right to appear and act for and on behalf of the claimant.
(b)
Other representation.
If the
				claimant wants to be represented by someone other than himself/herself or an
				attorney, the Hearing Examiner may require that such person, before being
				recognized as a representative of the claimant, make a proper showing that he
				or she has the necessary qualifications to enable the representative to render
				such services to the claimant. Upon such showing by the representative, the
				Hearing Examiner shall certify the representative.
(c)
Proof of authority to
				represent.
Any person representing a claimant may be required to show
				written proof, in a form satisfactory to the System, of his or her authority to
				represent the claimant in the matter.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-6 - Location of hearings

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall take place in the offices of the Oklahoma
				  Public Employees Retirement System. The hearing may be relocated upon a showing
				  that extreme or unusual circumstances exist which would prejudice the claimant.
				  Any such request for relocating the hearing shall be made to the Hearing
				  Examiner who may approve only upon good cause shown or if agreed to by the
				  System.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-7 - Pre-hearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
A pre-hearing conference shall be scheduled
				with the Hearing Examiner within sixty (60) days of receipt by the System of
				the appeal and at least thirty (30) days prior to the hearing, unless such time
				periods are waived by the parties. The conference shall be informal, structured
				by the Hearing Examiner, and not open to the public. The purpose of the
				pre-hearing conference is to allow the parties, before the Hearing Examiner, to
				attempt to resolve the case or parts of it, to discuss the facts, identify
				legal issues, present discovery requests, make appropriate stipulations, and to
				propose a procedural schedule. A record of the pre-hearing conference shall not
				be made unless requested by the parties and ordered by the Hearing Examiner. If
				ordered, a stenographic record shall be made in accordance with and pursuant to
				590:1-3-8(d).
(b)
Notice and continuance.
The
				claimant shall be notified by the System of the date and time at least seven
				(7) calendar days prior to the scheduled conference. A request for a
				continuance shall be filed with the System no less than three (3) calendar days
				prior to the scheduled conference. A lesser period of time may be permitted for
				good cause shown.
(c)
Rulings; pre-hearing conference order.
During the pre-hearing
				conference, the Hearing Examiner shall make all the necessary rulings. At the
				conclusion of the pre-hearing conference, the Hearing Examiner shall issue a
				pre-hearing conference order which shall set forth the agreements reached at
				the pre-hearing conference. The pre-hearing conference order shall be signed by
				the parties and the Hearing Examiner. The pre-hearing conference order shall
				set forth, among other things, the following information:
(1) the date and time of the
				hearing;
(2) the date to file a
				written brief or statement of the case;
(3) the date to file a list of witnesses,
				documents and exhibits. Any witnesses for whom a subpoena is required shall
				include the name, address and a brief statement of the testimony to be offered;
				and
(4) any requirements or request
				for discovery.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-8 - Hearing procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose and process.
The hearing provides each party the
				opportunity to present witnesses and evidence in support of his or her
				respective case. Hearings shall be conducted in accordance with the
				Administrative Procedures Act and the rules in this Subchapter. The hearing
				shall be structured by the Hearing Examiner and open to the public. The Hearing
				Examiner may order parts of the proceedings closed when evidence of a
				confidential nature is to be introduced or where to do so would be in the best
				interests of a party, witness, the public or other affected persons.
(b)
Party responsibility.
Each
				party shall be present, on time, and prepared. Failure to do so may result in
				dismissal of the appeal unless good cause is shown.
(c)
Hearing Examiner
				responsibility.
The Hearing Examiner will convene the hearing, note
				appearances, and consider any motions or preliminary matters. The Hearing
				Examiner shall administer oaths or affirmations of the witnesses. The Hearing
				Examiner may also:
(1) question any party or
				any witness;
(2) establish a
				scheduling order for the hearing to include time lines for further filings and
				the date of the hearing before the Board of Trustees;
(3) rule on any request for an extension of
				time, or on any other motions or other procedural matters;
(4) regulate the course of the hearing, rule
				on admissibility of all evidence, and regulate the conduct of the
				participants;
(5) request
				additional briefs on issues or law as may be reasonably necessary;
(6) take official notice of any material fact
				not appearing as evidence in the record if the fact is among traditional
				matters of judicial notice;
(7)
				recess and reconvene the hearing; or
(8) order the proceedings to be expedited in
				the event of severe financial hardship, upon good cause shown, in accordance
				with
				590:1-3-17.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-9 - Pleadings; filing; order

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing of pleadings; paper size.
The General Counsel serves as the
				"Court Clerk" for the administrative hearing process and all original pleadings
				shall be filed therein. All pleadings shall be filed with the System no later
				than 5:00 PM on the required date. Pleadings not received by the deadline will
				be considered as filed out of time. The General Counsel shall forward copies of
				all original pleadings or other documents filed with the System in the hearing
				process to the Hearing Examiner in a timely manner. All pleadings shall be
				signed, dated and filed on letter size 8 ½" x 11" paper and double spaced in 12
				point type with 1" margins.
(b)
Electronic filing; facsimiles.
Electronic filing is encouraged.
				Electronic copies or facsimiles will be accepted but must be signed and filed
				by the appropriate deadline. Electronic copies shall be sent to the General
				Counsel as an email attachment. The attachment must be a scanned document in a
				pdf format reflecting the signature of the claimant or the representative of
				the claimant. Any exhibits filed electronically shall be contained in a
				separate pdf file and each exhibit properly labeled. It shall be the
				responsibility of the claimant to verify that the System has received the
				electronic copy or facsimile and that it is legible and acceptable to the
				System.
(c)
Order of filing
				briefs.
Each party shall have the opportunity to file a written brief or
				statement of the case setting forth the facts, arguments, and legal
				authorities. The briefs shall be included in the record. The claimant or party
				requesting the hearing shall submit a brief according to the pre-hearing
				conference order. The System shall respond to such brief within twenty (20)
				days of the filing of the claimant's brief. At the discretion of the Hearing
				Examiner, the claimant may file a reply to the System's response within seven
				(7) days of the filing of the System's response.
(d)
Continuances or extensions.
A party seeking a continuance or extension shall file a proper motion, and for
				good cause shown, a continuance or extension will be granted by the Hearing
				Examiner.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-10 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority
				of the Hearing Examiner.
The Hearing Examiner may, upon his or her own
				motion, or on the motion of either party, allow the use of discovery available
				in a civil action in the District Courts of Oklahoma. The failure of a party to
				have sufficient time to exercise any discovery mechanism on account of a lack
				of time shall not of itself constitute good cause for the granting of a
				continuance of a hearing.
(b)
Subpoenas; costs; fees; service.
Subpoenas to compel the
				attendance of witnesses, for the furnishing of information required by the
				Hearing Examiner, and/or for the production of evidence or records of any kind
				may be issued by the Executive Director of the System. Subpoenas shall be
				served, and a return made, in any manner prescribed for the service of a
				subpoena in a civil action. The party requesting the subpoena shall bear the
				cost of serving it. Fees for a non-party witness who is subpoenaed to appear
				shall be the same as those fees allowed to witnesses in a civil matter. Party
				witnesses shall not be entitled to witness fees.
(c)
Confidentiality.
Any
				information obtained through discovery proceedings shall be used only for
				matters pending in the case in which they were discovered, and shall be
				accorded the same degree of confidentiality as any other document or
				information filed with or generated by the System.
Added at 25 Ok Reg 994,
				  eff 5-11-08
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Review and Hearings › Section 590:1-3-11 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
The rules of evidence used during a hearing shall be those
				  specified by the Oklahoma Administrative Procedures Act.
Added at 25 Ok Reg 994,
				  eff 5-11-08