reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-6 - Complaint petition

Current through Vol. 41, No. 20, July 1, 2024
(a) A complaint
				petition shall contain the following information:
(1) the name, address and telephone number of
				the complainant. The complainant shall maintain a current address with the
				Civil Service Division throughout the complaint process. Failure to do so shall
				be cause for dismissal of the complaint.
(2) the name of the agency against whom the
				complaint is filed;
(3) the date
				the action (written reprimand, punitive transfer, suspension without pay,
				involuntary demotion, or termination) occurred;
(4) if the action taken did not occur in
				person, a description of how the state employee was provided notice of the
				action;
(5) the basis for the
				complaint stating the facts.
(6) a
				statement of the remedy the complainant is seeking;
(7) the name, address and telephone number of
				the complainant's representative, if any;
(8) signature of the complainant and
				representative, if any.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-7 - Consolidation and joinder of complaint

Current through Vol. 41, No. 20, July 1, 2024
The Civil Service Division, on its own initiative or upon
				  written request of a party, may order the consolidation or joinder of
				  complaints if to do so will expedite the processing of the complaints and not
				  adversely affect the interest of the parties.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-8 - Settlement of complaints

Current through Vol. 41, No. 20, July 1, 2024
Settlement discussions are appropriate and encouraged at any
				  stage of the complaint process. The parties may elect to enter into settlement
				  discussions on their own. Any settlement agreement shall be submitted to the
				  Civil Service Division and shall be reviewed and approved before dismissal of
				  the complaint will be entertained. All settlement agreements are enforceable by
				  a court of competent jurisdiction. All settlement agreements will be treated as
				  confidential.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-9 - Dismissal of complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) A complaint
				petition, or an issue in the complaint petition, may be dismissed if:
(1) it is moot or the complainant has not
				provided evidence to support the allegations;
(2) the complainant fails to provide any of
				the information listed in 260:130-5-6;
(3) the complainant fails or refuses to
				appear for a scheduled meeting;
(4)
				the complainant refuses to accept a settlement offer which affords the relief
				he or she could reasonably expect if he or she prevailed in the complaint;
				or
(5) it is not timely filed or is
				not within the Civil Service Division's jurisdiction or
				authority.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-10 - Complaint record

Current through Vol. 41, No. 20, July 1, 2024
(a)
Content.
A complaint record shall be limited to:
(1) the complaint petition, notices, motions,
				and intermediate rulings;
(2)
				evidence considered in making a final decision;
(3) a statement of matters officially
				noticed;
(4) questions and offers
				of proof, objections and rulings thereon;
(5) proposed findings and
				exceptions;
(6) any decision,
				opinion, or report by the officer presiding at the hearing;
(7) any proposed or final orders issued by
				the Civil Service Division; and
(8)
				all other evidence or data submitted to a ALJ in connection with his or her
				consideration of the complaint.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-11 - Transcripts

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings shall be recorded by digital
				recordings. The Civil Service Division's recording will serve as the official
				recording for purposes of creating an official written transcript. The Civil
				Service Division shall prepare a written transcript of the recording only upon
				written request and receipt of a deposit of cash or cashier's check in an
				amount determined to be appropriate to cover the costs associated with the
				transcription, except as prohibited by statute.
(b) Upon application, the Civil Service
				Division shall pay transcription costs on behalf of an indigent respondent if
				the respondent establishes indigent conditions through execution of an
in forma pauperis
affidavit upon a form approved by the Civil
				Service Division. Should the indigent respondent receive a financial recovery,
				the respondent shall reimburse the Civil Service Division from those
				proceeds.
(c) Any party desiring to
				have a hearing recorded by a court reporter shall request approval by the ALJ
				before initiating such action. The party making the request shall bear the
				associated expenses and costs and shall provide a copy of the written
				transcript to the Civil Service Division at no cost.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-12 - Motions and requests

Current through Vol. 41, No. 20, July 1, 2024
Oral motions may be made during a prehearing conference or
				  hearing. All other motions and requests shall be filed in writing and shall
				  state the reason for the motion or request and shall include an affidavit of
				  service to all other parties. Any response to a motion or request shall be
				  filed within the time frame set by the ALJ at the prehearing conference. The
				  ALJ shall ensure that the time frame set for the filing of motions, requests,
				  and responses does not extend past the thirty (30) business day limit as set
				  forth in Section 62 O.S. Section 34.301(C).
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-13 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
A request for continuance shall be filed in writing and
				  shall include the cause for the request and a statement of agreement or
				  disagreement by the other party(s). A prehearing conference or hearing may be
				  continued or adjourned by the Civil Service Division or the ALJ. A continuance
				  shall be granted only in those instances where extraordinary circumstances
				  exist and have been shown. If granted, a continuance shall be made to a date
				  certain. A request for continuance that extends the hearing or mediation past
				  the thirty (30) business day limit as set forth in 62 O.S. Section 34.301(C)
				  will not be granted.
(1) If granted on
				behalf of the Civil Service Division or the responding agency, and the
				complainant is subsequently sustained in the complaint, back pay and other
				benefits shall be awarded for the entire judgment as determined appropriate by
				the ALJ.
(2) If granted on behalf
				of the complainant and he or she is subsequently sustained in the complaint,
				back pay and other benefits shall be awarded only for the period of time that
				the complainant did not delay the complaint as determined appropriate by the
				ALJ.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-14 - Ex-parte communication

Current through Vol. 41, No. 20, July 1, 2024
Ex-parte communications are communications by anyone with an
				  ALJ or the Civil Service Division Director on the merits of a complaint which
				  could affect its outcome. Ex-parte communications are prohibited from the time
				  a complaint is filed until a final decision is issued.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-15 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
Within thirty (30) calendar days after exhausting all
				  remedies under the Administrative Procedures Act, either party may appeal an
				  adjudicated complaint to a higher court of competent
				  jurisdiction.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 7 - Hearing Process › Section 260:130-7-1 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The Civil Service Division may schedule a prehearing
				conference on any complaint set for hearing. The conference provides an
				opportunity for the parties to clarify, isolate and dispose of procedural
				matters prior to the hearing.
(b)
Party responsibility.
Each party shall be present, on time and
				prepared. Complainant's failure to do so may result in dismissal of the
				complaint unless extraordinary circumstances exist and are shown. Prior to the
				prehearing conference each party shall file with the Civil Service Division and
				provide to each other party and the ALJ a copy of:
(1) a brief statement of his or her
				respective case, to include a list of stipulations and requested remedy;
(2) the names of the witnesses
				allowed at the hearing and their contact information; and;
(3) a description of the documents and
				exhibits allowed at the hearing and copy of each document and exhibit to be
				offered.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 7 - Hearing Process › Section 260:130-7-4 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The hearing provides each party the opportunity to
				present witnesses and evidence as allowed by these Rules in support of his or
				her respective case for decision by an ALJ. Hearings shall be conducted in
				accordance with the Act, the Administrative Procedures Act and the Rules in
				this chapter.
(b)
Party
				responsibility.
Each party shall be present, on time and prepared.
				Complainant's failure to do so may result in dismissal of the complaint unless
				extraordinary circumstances exist and are shown.
(c)
Representation.
Each party
				to the complaint may have a Representative, as defined within these Rules, to
				speak and act on his or her behalf.
(d)
ALJ responsibility.
The ALJ
				shall rule on questions of admissibility of evidence, competency of witnesses
				and any other matters or questions of law.
(e)
Process.
The hearing shall
				be formal, structured by the ALJ and open to the public. Parts of a hearing may
				be ordered 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. The ALJ shall record the hearing by digital
				recording and such recording shall constitute the official recording of the
				hearing.
(1)
Notice.
Each party
				shall be notified of the date, time and location at least seven (7) calendar
				days prior to the scheduled hearing.
(2)
Location.
The hearing shall
				be held at the Civil Service Division offices or any other location determined
				appropriate. At the prehearing conference any party may request the hearing be
				changed to a more convenient location. The ALJ shall rule on the request and
				may change the location when to do so is in the best interests of the Civil
				Service Division and parties.
(3)
Witnesses.
The ALJ shall administer an oath or affirmation to each
				witness.
(4)
Continuance.
A request for continuance shall be filed in
				accordance with OAC
				260:130-5-13 no less than three
				(3) calendar days prior to the scheduled hearing. The ALJ, or in his or her
				absence, the Civil Service Division, shall rule on the request in accordance
				with OAC 260:130-5-13.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 7 - Hearing Process › Section 260:130-7-5 - Methods of testimony

Current through Vol. 41, No. 20, July 1, 2024
(a) This section
				shall not limit the authority of the Civil Service Division to compel witnesses
				allowed by these Rules to appear and offer testimony. Upon written request and
				approval by the ALJ, 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 good reason.
(b) The parties to any action before the
				Civil Service Division are responsible for ensuring that the technology is
				available to all participants for conducting a video conference.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 7 - Hearing Process › Section 260:130-7-6 - 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. Once the record is closed, no
				  additional evidence or arguments shall be considered.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 7 - Hearing Process › Section 260:130-7-7 - Decisions

Current through Vol. 41, No. 20, July 1, 2024
The Civil Service Division delegates the authority to issue
				  the final order to the ALJ. The ALJ shall prepare the final order and submit it
				  to the Civil Service Division within ten (10) calendar days after the record is
				  closed. The final order shall include findings of fact and conclusions of law,
				  written in clear and concise language.
(1) The Civil Service Division shall issue
				the final order to each party, by personal service or certified mail and by
				submission on the online filing system, within five (5) calendar days after
				receipt from the ALJ.
(2) The
				determination of the ALJ shall be final and conclusive except as provided in
				the Administrative Procedures Act.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 7 - Hearing Process › Section 260:130-7-8 - Petition for rehearing, reopening or reconsideration of the final decision

Current through Vol. 41, No. 20, July 1, 2024
The final decision of the Civil Service Division shall be
				  subject to rehearing, reopening, or reconsideration. A petition for rehearing,
				  reopening, or reconsideration must be filed by the aggrieved party within ten
				  (10) days from the date of the entry of the final decision. Such petitions and
				  the resolution of such petitions must be in accordance with 75 O.S. Section 317
				  of the Administrative Procedures Act. In accordance with 75 O.S. Section
				  317(d), the Civil Service Division will send the petition for rehearing,
				  reopening, or reconsideration to an ALJ to act as the hearing examiner. The
				  hearing examiner will review the petition for rehearing, reopening, or
				  reconsideration and any other evidence and data submitted by the parties. The
				  hearing examiner will not permit oral arguments. If the petition for rehearing,
				  reopening, or reconsideration is granted by the hearing examiner, the hearing
				  examiner will order the matter referred to the same presiding ALJ or another
				  ALJ, separate and apart from the hearing examiner, for further consideration of
				  the matter on those grounds upon which the petition for rehearing, reopening,
				  or reconsideration was granted.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 9 - Attorney Fees and Costs › Section 260:130-9-1 - Award

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The ALJ of any hearing may order payment of reasonable
				attorney fees and costs to the prevailing party if the position of the
				non-prevailing 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 complaint. Attorney fees shall not be
				awardable for non-attorney pro-se representation.
(d)
Standards.
The without
				reasonable basis or frivolous standard includes, but is not limited to:
(1) where the non-prevailing party's action
				was clearly without merit or was wholly unfounded;
(2) where the non-prevailing party initiated
				an action against the prevailing party in bad faith, including where the action
				was brought to harass or intimidate the prevailing party; or
(3) where the non-prevailing party committed
				a gross procedural error which prolonged the proceeding or severely prejudiced
				the prevailing party.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 9 - Attorney Fees and Costs › Section 260:130-9-2 - 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 Civil Service
				  Division.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 9 - Attorney Fees and Costs › Section 260:130-9-3 - Reasonable attorney fees

Current through Vol. 41, No. 20, July 1, 2024
Hours devoted to the complaint 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 complaint or any organization, 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 the base pay of
				the attorney.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 9 - Attorney Fees and Costs › Section 260:130-9-4 - 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 Civil Service Division within ten (10) calendar days after the
				  issue date of the final decision and shall include an affidavit of service to
				  all other parties.
(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, 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 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 9 - Attorney Fees and Costs › Section 260:130-9-5 - Frivolous complaints

Current through Vol. 41, No. 20, July 1, 2024
Any party may be assessed attorney fees and costs if the
				  Civil Service Division or the ALJ determines a complaint is frivolous. A
				  request for attorney fees and costs of processing a complaint shall comply with
				  the provisions of this section.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 11 - Confidential Whistleblower Program › Section 260:130-11-1 - Confidential whistleblower program

Current through Vol. 41, No. 20, July 1, 2024
The Civil Service Division will act as the central repository
				  for all whistleblower complaints. All whistleblower complaints will be
				  maintained as confidential and be routed to the appropriate party for review
				  and disposition. Whistleblower complaints will be limited to agency or employee
				  mismanagement and the misuse of state funds or property.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 13 - Position Allocation and Job Catalog and Code System › Section 260:130-13-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in this Subchapter are to establish
				  a job catalog and code system for all employees under the administration of
				  Human Capital Management.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 13 - Position Allocation and Job Catalog and Code System › Section 260:130-13-2 - Job catalog and codes

Current through Vol. 41, No. 20, July 1, 2024
Human Capital Management will establish and maintain a master
				  catalog of all state employment jobs. Each job profile will be assigned a code.
				  Agencies will work with Human Capital Management to ensure all jobs are
				  organized into the master catalog and code structure.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 15 - Salary and Payroll Uniform Structure › Section 260:130-15-1 - Purpose and general provisions

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in this Part is to establish a
				  uniform structure for salary and pay and pay increases.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 15 - Salary and Payroll Uniform Structure › Section 260:130-15-2 - Pay range and pay increase catalog and codes

Current through Vol. 41, No. 20, July 1, 2024
Human Capital Management will establish and maintain a master
				  catalog of all state pay ranges and reasons for pay increases. Each reason for
				  pay increase will be assigned a code. Human Capital Management will provide
				  guidance, assistance, and information regarding the pay range and pay increase
				  catalog and codes.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 17 - Recruitment and Selection › Section 260:130-17-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in this Subchapter is to establish
				  policies and procedures for the recruitment of qualified persons, for the
				  referral of capable candidates for vacancies and the employment of individuals
				  on other types of appointments as necessary and for impartial consideration of
				  applicants for employment.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 17 - Recruitment and Selection › Section 260:130-17-2 - Selection procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Selection
				procedures may consist of written tests; ratings of training and experience;
				performance tests; physical, educational, and work experience requirements;
				interviews; oral examinations; application forms and any other type of
				examination.
(b) When a job
				requires a test, the Appointing Authority shall administer tests in accordance
				with the Americans with Disabilities act to applicants or employees with
				disabilities that impair sensory, manual, or speaking skills in formats that do
				not require the use of the impaired skill, if the applicant or employee
				notifies the Appointing Authority before the test is administered.
(c) Before appointment, applicants may be
				required to pass a physical examination specified by the Appointing Authority
				when requirements of the job demand specific physical condition or
				capabilities. Such physical examinations shall be uniform in nature and applied
				to all persons in that job within the agency. The responsibility for
				administering the physical examinations lies with the Appointing
				Authority.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 17 - Recruitment and Selection › Section 260:130-17-3 - Applications

Current through Vol. 41, No. 20, July 1, 2024
An application for a posted job shall be made on a form
				  prescribed by the Administrator. The application form solicits information from
				  the applicant regarding residence, education, training, experience and other
				  eligibility information. The form may also ask for demographic information,
				  such as race, sex, ethnicity, and disability for statistical analysis and state
				  and federal record keeping and reporting requirements. The form may also ask
				  for veteran status. Information provided by applicants shall be subject to
				  verification. All applications shall be signed in writing or by electronic
				  signature by the applicant certifying the truth of all statements he or she
				  made in the application. Applications must be filed with the Human Capital
				  Management Division on or before the closing date specified in the
				  announcements.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 17 - Recruitment and Selection › Section 260:130-17-4 - Establishment of qualifications

Current through Vol. 41, No. 20, July 1, 2024
Minimum and preferred qualifications will be determined by
				  the Appointing Authority and HCM.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 17 - Recruitment and Selection › Section 260:130-17-5 - Testing

Current through Vol. 41, No. 20, July 1, 2024
The Appointing Authority and HCM will collaborate to develop
				  testing requirements for positions and job families.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 17 - Recruitment and Selection › Section 260:130-17-6 - Posting jobs

Current through Vol. 41, No. 20, July 1, 2024
All posted jobs shall be posted through the central system of
				  record established and maintained by Human Capital Management. Human Capital
				  Management shall grant Appointing Authorities an exception to this Rule based
				  on documented business needs.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purposes of the rules in this Subchapter are to
					 establish policies and procedures for trial periods of employment transfers,
					 promotions, demotions, and separations, while protecting employees from
					 arbitrary dismissal or unfair treatment.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-2 - Agency personnel records

Current through Vol. 41, No. 20, July 1, 2024
Each agency shall maintain an adequate set of applicant and
					 employee personnel records. These records shall include: performance
					 evaluations, promotional forms, attendance records, the employee disciplinary
					 file, and any other documents that affect an individual's employment status
					 with the agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-3 - Reports of personnel changes

Current through Vol. 41, No. 20, July 1, 2024
All personnel changes shall be recorded in the system of
					 record provided by OMES.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-4 - Review of agency personnel files

Current through Vol. 41, No. 20, July 1, 2024
Each employee shall have the right to review his or her
					 individual personnel records in the system of record.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-5 - Voluntary demotion

Current through Vol. 41, No. 20, July 1, 2024
An Appointing Authority may approve the employee's request
					 for voluntary demotion provided the employee voluntarily makes such a request
					 in writing and meets the current minimum qualifications for the job family
					 level to which demotion is requested.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-6 - Method of resignation

Current through Vol. 41, No. 20, July 1, 2024
(a) To resign in
				  good standing, an employee must give the Appointing Authority, or designee, at
				  least fourteen (14) calendar days prior notice unless the Appointing Authority,
				  or designee, agrees in writing to permit a shorter period of notice. The
				  Appointing Authority, or designee. will supply the employee written
				  confirmation of any shorter period of notice that is allowed.
(b) Verbal resignations may be accepted by
				  the Appointing Authority and implemented at his/her discretion.
(c) An employee who is absent from work
				  without prior approval and who has not contacted his/her supervisor or agency
				  representative within three working days is deemed to have resigned from state
				  service.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-7 - Detail to special duty

Current through Vol. 41, No. 20, July 1, 2024
(a) When the
				  services of a state employee are temporarily needed in a job profile other than
				  the one to which the incumbent is regularly assigned, the employee may be
				  detailed to special duty, at the discretion of the Appointing Authority, to
				  perform the duties of the job to which temporarily assigned.
(b) A detail to special duty in no way shall
				  affect the status, title or job profile held before the detail.
(c) An employee shall not be placed on detail
				  to special duty more than twelve (12) months in any thirty-six (36) month
				  period.
(d) Detail to special duty
				  is not required when an employee is temporarily assigned duties of another job
				  for a period of less than sixty (60) days in any twelve (12) month period.
				  Detail to special duty is also not required when an employee is temporarily
				  performing such duties as part of a return-to-work program as a result of a
				  work-related illness or injury, regardless of whether that period exceeds sixty
				  (60) days in any twelve (12) month period. Such temporary placement related to
				  a return-to-work program shall not exceed six (6) months.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 1 - GENERAL PROVISIONS › Section 260:130-19-8 - Suspension with pay

Current through Vol. 41, No. 20, July 1, 2024
(a) An Appointing
				  Authority may suspend a state employee from duty with pay for internal
				  investigatory purposes or to require the employee to undergo a fit-for-duty
				  examination to determine whether the employee is capable of performing the
				  essential functions of the position in which employed. The Appointing Authority
				  may require the employee to remain available during specified working hours to
				  meet with investigators or other agency officials as required. A notice of
				  suspension with pay, stating the beginning and ending dates and times and
				  specifying any reporting requirements shall be issued to the employee in
				  writing.
(b) If the employee was
				  suspended with pay for investigatory purposes and is cleared, the Appointing
				  Authority shall fully clear the employee's records in the custody of the agency
				  and shall make every reasonable effort to fully clear any such records which
				  are not in the custody of the agency. If the charges against the employee are
				  confirmed, in whole or in part, a suspension with pay in accordance with this
				  Section shall not preclude an Appointing Authority from taking disciplinary
				  action in accordance with Oklahoma law and these Rules.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 3 - EMPLOYEES IN A TRIAL PERIOD › Section 260:130-19-30 - Trial period

Current through Vol. 41, No. 20, July 1, 2024
Appointing Authorities may require an employee to be in a
					 trial period for up to one year for individuals who have been initially hired
					 as a state employee, employees who are transferring from one state agency to
					 another state agency, or employees returning to state service following a break
					 in service. The Appointing Authority may not extend the trial period but may
					 adjust the trial period due to extended absence. The length of the trial period
					 shall be made known to the employee at the time of entry on duty and at the
					 time of any adjustment or waiver of the trial period.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 3 - EMPLOYEES IN A TRIAL PERIOD › Section 260:130-19-31 - Disciplinary action during trial period

Current through Vol. 41, No. 20, July 1, 2024
The employment of any state employee may be terminated at
					 any time during the trial period without the right of complaint as set forth in
					 and these Rules. The employee may also be disciplined at any time during the
					 trial period without the right of complaint.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 3 - EMPLOYEES IN A TRIAL PERIOD › Section 260:130-19-32 - Adjustment of the trial period

Current through Vol. 41, No. 20, July 1, 2024
If a trial employee is absent from work in excess of thirty
					 (30) non-continuous working days, the trial period shall be adjusted by the
					 number of working days the trial employee was absent. The employee shall be
					 notified at the earliest date that the trial period is to be adjusted. Upon the
					 employee's return to work, notification of such adjustment shall be provided to
					 the employee and HCM and shall include the adjusted date of the final working
					 day of the trial period.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 19 - Employee Actions › Part 5 - EMPLOYEE GUIDELINES › Section 260:130-19-50 - Conduct of employees

Current through Vol. 41, No. 20, July 1, 2024
(a) Every employee
				  shall fulfill to the best of his or her ability the duties of the office or
				  position conferred upon the employee and shall behave at all times in a manner
				  befitting the office or position the employee holds. In performing official
				  activities, the employee shall pursue the common good, and not only be
				  impartial, but act so that there can be no question of impartiality.
(b) An employee shall not engage in any
				  employment, activity or enterprise which has been determined to be
				  inconsistent, incompatible, or in conflict with his or her duties as an
				  employee or with the duties, functions or responsibilities of the Appointing
				  Authority by which the person is employed.
(c) Each Appointing Authority shall determine
				  and prescribe those activities within applicable laws, which, for employees
				  under its jurisdiction, will be considered inconsistent, incompatible or in
				  conflict with their duties as employees. In making this determination, the
				  Appointing Authority shall give consideration to employment, activity or
				  enterprise which:
(1) involves the use for
				  private gain or advantage of state time, facilities, equipment and supplies; or
				  the badge, uniform, prestige or influence of one's state office or employment,
				  or
(2) involves receipt or
				  acceptance by the employee of any money or other consideration from anyone,
				  other than the state, for the performance of an act which the employee would be
				  required or expect to render in the regular course or hours of state employment
				  or as a part of the duties as a state employee, or
(3) involves the performance of an act which
				  may later be subject directly or indirectly to the control, inspection, review,
				  audit or enforcement by such employee.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 21 - Performance Evaluation and Career Enhancement Programs › Part 1 - GENERAL PROVISIONS › Section 260:130-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purposes of the rules in this Subchapter are to
					 establish policies and procedures pertaining to employee performance appraisal
					 systems, the state personnel interchange program, and the state internship
					 program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 21 - Performance Evaluation and Career Enhancement Programs › Part 3 - EMPLOYEE PERFORMANCE MANAGEMENT SYSTEM › Section 260:130-21-30 - Employee performance management system

Current through Vol. 41, No. 20, July 1, 2024
(a) Human Capital Management shall make
				  available one standard performance management system that will be used by all
				  agencies to complete employee performance evaluations. The purpose of this
				  employee performance management system is to evaluate the performance of each
				  employee in the executive branch of state government.
(b) The employee performance management
				  system shall provide for the following:
(1)
				  An objective evaluation by the immediate supervisor of the performance of the
				  employee within the assigned duties of the job. The evaluation shall contain
				  the date of review and employee identification number;
(2) A mid-term interview with the immediate
				  supervisor for the purpose of discussing the progress of the employee in
				  meeting the performance criteria upon which the employee will be
				  evaluated;
(3) A final interview
				  with the employee by the immediate supervisor who shall provide the employee
				  with a copy of the performance evaluation; and
(4) The opportunity for the employee to
				  submit written comments regarding the performance evaluation.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 21 - Performance Evaluation and Career Enhancement Programs › Part 5 - STATE PERSONNEL INTERCHANGE PROGRAM › Section 260:130-21-50 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in this Part is to implement the
					 State Personnel Interchange Program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 21 - Performance Evaluation and Career Enhancement Programs › Part 5 - STATE PERSONNEL INTERCHANGE PROGRAM › Section 260:130-21-51 - State personnel interchange agreements and contracts

Current through Vol. 41, No. 20, July 1, 2024
Employee interchanges made in accordance with the Act and
					 these Rules shall be executed by mutual agreement or contract by the sending
					 agency, the receiving agency and the participating employee, subject to the
					 following conditions and provisions:
(1) The agreement or contract shall be in the
				  standard format and on the standard form provided by the Human Capital
				  Management Division. Both the personnel interchange agreement and the personnel
				  interchange contract contain information regarding the terms and conditions of
				  the interchange and are signed by the Appointing Authority of the sending and
				  receiving agencies and by the participation employee. Employee interchanges
				  shall be by agreement if the receiving agency does not reimburse the sending
				  agency and by contract if the receiving agency reimburses the sending
				  agency.
(2) The agreement or
				  contract shall be signed voluntarily by the sending agency, the receiving
				  agency, and the participating employee.
(3) The receiving agency shall submit an
				  original agreement or contract signed by the Appointing Authorities of the
				  sending and receiving agencies and the participating employee to the Human
				  Capital Management Division. The Administrator shall review and approve each
				  agreement or contract before the effective date of the interchange.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 21 - Performance Evaluation and Career Enhancement Programs › Part 7 - STATE INTERNSHIP PROGRAM › Section 260:130-21-70 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Part establish policies and procedures to
					 implement the State Internship Program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 21 - Performance Evaluation and Career Enhancement Programs › Part 7 - STATE INTERNSHIP PROGRAM › Section 260:130-21-71 - State Internship Program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Eligibility.
The State Internship Program consists of temporary
				  part-time or full-time positions for students enrolled in institutions of
				  higher education working toward an undergraduate degree, which shall include
				  associate's degrees or certifications by the Oklahoma Department of Career and
				  Technology Education, or a graduate degree.
(b)
Conditions of employment.
Participants in the State Internship Program who receive internship
				  appointments shall:
(1) be granted leave
				  benefits commensurate with regular state employees, if they qualify for leave
				  benefits;
(2) be enrolled in the
				  state health insurance and retirement benefits programs, if expected to work
				  one thousand (1,000) or more hours per year; and
(3) continue to make progress toward his or
				  her degree until completion of all undergraduate and graduate degree
				  requirements.