reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 70 - Standards and Criteria for Opioid Treatment Programs › Subchapter 6 - Substance Use Disorder Treatment Services › Part 3 - TREATMENT SERVICES › Section 450:70-6-17.4 - Service phases - Phase II

Current through Vol. 41, No. 20, July 1, 2024
(a) Phase II
				  consists of the second ninety (90) days of treatment. During Phase II, a
				  minimum of two (2) treatment sessions per month shall be provided. Available
				  services shall include, but not be limited to, therapy, rehabilitation, case
				  management, Individual Placement and Support services, and peer recovery
				  support services.
(b) Compliance
				  with 450:70-6-17.4 may be determined
				  by:
(1) A review of policies and
				  procedures,
(2) Treatment records,
				  and
(3) Other facility
				  documentation.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 70 - Standards and Criteria for Opioid Treatment Programs › Subchapter 6 - Substance Use Disorder Treatment Services › Part 3 - TREATMENT SERVICES › Section 450:70-6-17.5 - Service phases - Phase III

Current through Vol. 41, No. 20, July 1, 2024
(a) Phase III
				  consists of the third ninety (90) days of treatment. During Phase III, a
				  minimum of one (1) treatment session per month shall be provided. Available
				  services shall include, but not limited to, therapy, rehabilitation, case
				  management, Individual Placement and Support services, and peer recovery
				  support services.
(b) Compliance
				  with 450:70-6-17.5 may be determined
				  by:
(1) A review of policies and
				  procedures,
(2) Treatment records,
				  and
(3) Other facility
				  documentation.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 70 - Standards and Criteria for Opioid Treatment Programs › Subchapter 6 - Substance Use Disorder Treatment Services › Part 3 - TREATMENT SERVICES › Section 450:70-6-17.6 - Service phases - Phase IV

Current through Vol. 41, No. 20, July 1, 2024
(a) Phase IV
				  consists of the last ninety (90) days of the first year of treatment. During
				  Phase IV, a minimum of one (1) treatment session per month shall be provided.
				  Available services shall include, but not limited to, therapy, rehabilitation,
				  case management, Individual Placement and Support services, and peer recovery
				  support services.
(b) Compliance
				  with 450:70-6-17.6 may be determined
				  by:
(1) A review of policies and
				  procedures,
(2) Treatment records,
				  and
(3) Other facility
				  documentation.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 70 - Standards and Criteria for Opioid Treatment Programs › Subchapter 6 - Substance Use Disorder Treatment Services › Part 3 - TREATMENT SERVICES › Section 450:70-6-17.7 - Service phases - Phase V

Current through Vol. 41, No. 20, July 1, 2024
(a) Phase V begins
				  after one (1) year of continuous treatment. During Phase V, a minimum of one
				  (1) treatment session per month shall be provided. Available services shall
				  include, but not be limited to, therapy, rehabilitation, case management,
				  Individual Placement and Support services, and peer recovery support
				  services.
(b) Compliance with
				  450:70-6-17.7 may be determined
				  by:
(1) A review of policies and
				  procedures,
(2) Treatment records,
				  and
(3) Other facility
				  documentation.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 70 - Standards and Criteria for Opioid Treatment Programs › Subchapter 6 - Substance Use Disorder Treatment Services › Part 3 - TREATMENT SERVICES › Section 450:70-6-17.8 - Service phases - Phase VI

Current through Vol. 41, No. 20, July 1, 2024
(a) Phase VI begins
				  after two (2) years of continuous treatment.
(1) During Phase VI, the LBHP, Licensure
				  Candidate or CADC determines the frequency of treatment sessions with input
				  from the person served. At the onset of Phase VI, the person served may require
				  an increased level of therapy or rehabilitation service and other support
				  services.
(2) The LBHP or Licensure
				  Candidate and person served develop a continuing care plan prior to the
				  successful completion of treatment.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 70 - Standards and Criteria for Opioid Treatment Programs › Subchapter 6 - Substance Use Disorder Treatment Services › Part 4 - PEER RECOVERY SUPPORT SERVICES › Section 450:70-6-18 - Peer recovery support services

Current through Vol. 41, No. 20, July 1, 2024
(a) Peer recovery
				  support services are an optional service within certified Opioid Treatment
				  Programs. Peer recovery support services may be offered to individuals sixteen
				  (16) and older with substance use disorders, including co-occurring disorders.
(b) Peer recovery support services
				  shall:
(1) Be based on an individualized,
				  recovery-focused service philosophy that allows individuals the opportunity to
				  learn to manage their own recovery and advocacy process;
(2) Recognize the unique value of services
				  being provided by persons with lived experience who are able to demonstrate
				  their own hopefulness and recovery; and
(3) Enhance the development of natural
				  supports, coping skills, and other skills necessary to function as
				  independently as possible in the community, including, but not limited to
				  assisting re-entry into the community after a hospitalization or other
				  institutional settings.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 1 - General Provisions › Section 450:75-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter implements 43A O.S. § 3-322a, which
				  authorizes the Board of Mental Health and Substance Abuse Services, or the
				  Commissioner upon delegation by the Board, to certify Problem Gambling
				  Treatment Counselors. Section 3-322a requires the Board to promulgate rules and
				  standards for certification of Problem Gambling Treatment Counselors addressing
				  criteria for certification and renewal, including minimum education
				  requirements, examination and supervision requirements, continuing education
				  requirements, and rules of professional conduct.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 1 - General Provisions › Section 450:75-1-3 - Authority of the Commissioner and Department

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioner shall have the authority
				and duty to issue, renew, revoke, deny, suspend and place on probation
				certifications to offer problem gambling treatment and shall have authority to
				reprimand Certified Problem Gambling Treatment Counselors.
(b) The Department shall have authority to:
(1) Receive and deposit fees pursuant to 43A
				O.S. § 3-322a;
(2) Examine all
				qualified applicants for Certified Problem Gambling Treatment
				Counselor;
(3) Investigate
				complaints and possible violation of the rules and standards of Certified
				Problem Gambling Treatment Counselors;
(4) Make recommendations regarding the
				outcome of formal complaints; and
(5) Enforce the recommendations of the formal
				complaint process.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 3 - Certification Criteria and Application Requirements › Section 450:75-3-1 - Qualifications for certification

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				applicant for certification as a Certified Problem Gambling Treatment Counselor
				shall:
(1) Be employed within six (6) months
				from the date the final application for certification was submitted at a mental
				health facility or a substance use disorder/addiction treatment facility that
				is operated by the Department or contracts with the State to provide behavioral
				health services, a tribe or tribal facility that provides behavioral health
				service, or an Oklahoma Department of Veterans Affairs or a United States
				Department of Veterans Affairs facility;
(2) Possess good moral turpitude;
(3) Be at least 21 years of age; and
(4) Otherwise comply with rules
				promulgated by the Board implementing 43A O. S. § 3-322a.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 3 - Certification Criteria and Application Requirements › Section 450:75-3-3 - Application for certification

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application for certification as a Certified Problem Gambling Treatment
				Counselor shall be submitted to the Department on a form and in a manner
				prescribed by the Commissioner or designee.
(b) The initial application shall include the
				following items:
(1) Application form
				completed in full according to its instructions;
(2) Copy of a current, valid license required
				in 450:75-3-1(b)(1) or documentation of status as a licensure candidate. If the
				latter is supplied, a copy of a current, valid license is required for final
				application processing;
(3)
				Documentation of required training and experience:
(A) Certificate of completion of Basic
				Training for Problem Gambling. If such training was provided by an entity other
				than OAPGG, documentation of course content must also be provided; and
(B) Documentation of group case
				consultation and presentation; and
(C) Documentation of clinical experience; or
(D) Copy of National Gambling
				Counselor Certification or International Gambling Counselor Certification. If
				such certification is lapsed, documentation of CEUs as required in
				450:75-3-1(b)(2)(D) must also be provided; or
(E) Copy of current state certification as a
				problem gambling counselor from another state for consideration by the
				Department.
(F) With the exception
				of item (D) above, documentation of required training and experience may be
				supplied after the initial application is submitted but is required for final
				application processing.
(4) Signed Gambling Counselor Ethical
				Standards statement;
(5) Criminal
				history or other report, if requested; and
(6) Fees.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 3 - Certification Criteria and Application Requirements › Section 450:75-3-5 - Duration of certification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance.
ODMHSAS will issue an appropriate certification to all
				applicants who successfully complete the requirements for certification as
				specified in this Chapter.
(b)
Renewal.
Unless revoked, certification issued pursuant to this
				Chapter must be renewed by June 30 of the calendar year following the first
				twelve (12) months of continuous certification and annually by June 30
				thereafter.
(c)
Suspension
				and Reinstatement.
Certifications not renewed by the renewal deadline
				will be suspended. A suspended certification may be renewed by submitting
				required fees and documentation within six (6) months of the date of
				suspension. Suspended certifications not renewed within this six (6) month
				timeframe will be terminated. The individual must then wait a period of sixty
				(60) days and submit a new application for certification and provide all
				required items for initial certification as specified in this Chapter.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 3 - Certification Criteria and Application Requirements › Section 450:75-3-7 - Fees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application Fee.
Fifty
				dollars ($50.00) shall be submitted with the application.
(b)
Renewal Fee.
Fifty dollars
				($50.00) shall be submitted with the renewal application.
(c)
Late Renewal Fee.
An
				additional twenty-five dollars ($25.00) shall be included with the renewal
				application if the application is submitted after the June 30 deadline.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 3 - Certification Criteria and Application Requirements › Section 450:75-3-9 - Fitness of applicants

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of
				this Section is to establish the fitness of the applicant as one of the
				criteria for approval of certification as a Certified Problem Gambling
				Treatment Counselor and to set forth the criteria by which the Commissioner
				will determine the fitness of the applicants.
(b) The substantiation of any of the
				following items related to the applicant may be, as the Commissioner or
				designee determines, the basis for the denial, delay, or revocation of
				certification of the applicant:
(1) Lack of
				necessary skills and abilities to provide adequate services;
(2) Misrepresentation or falsification of any
				information on the application or other materials submitted to the Department;
(3) Revocation of license or
				certification required for certification under this Chapter;
(4) Violation of the Gambling Counselor
				Ethical Standards;
(5) Any
				conviction of a crime involving a child or vulnerable adult;
(6) Any conviction of a sex offense not
				identified in (b)(7)(D) of this Section;
(7) Any other felony conviction, unless the
				applicant can demonstrate to the Department's satisfaction the successful
				completion of a minimum of one (1) year of probation related to one or more of
				the offenses below:
(A) Forgery, fraud, or
				perjury;
(B) Burglary, arson,
				embezzlement, knowingly concealing stolen property, leaving the scene of an
				accident, or larceny;
(C)
				Possession, manufacturing, distribution, maintaining a dwelling, driving under
				the influence, contributing to the delinquency of a minor, or parent causing
				delinquency; or
(D) Prostitution or
				nonconsensual dissemination of private sexual images.
(8) A violation of the rules of professional
				conduct set forth in this Chapter.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 3 - Certification Criteria and Application Requirements › Section 450:75-3-11 - Scope of Problem Gambling Treatment Counselor Certification

Current through Vol. 41, No. 20, July 1, 2024
A Certified Problem Gambling Treatment Counselor who meets
				  the requirements within this Chapter is authorized to provide problem gambling
				  treatment services, including:
(1)
				Assessment;
(2) Treatment
				planning;
(3) Individual, group and
				family therapy;
(4) Case
				management; and
(5) Discharge
				planning.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 5 - Rules of Professional Conduct › Section 450:75-5-1 - Responsibility and scope of practice

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Certified Problem Gambling Treatment Counselors shall be dedicated to advancing
				the welfare of individuals and their families. Certified Problem Gambling
				Treatment Counselors shall not participate in, condone, or be associated with
				dishonesty, fraud, deceit or misrepresentation, and shall not exploit their
				relationships with the consumers for personal advantage, profit, satisfaction,
				or interest.
(b) Certified Problem
				Gambling Treatment Counselors shall practice only within the boundaries of
				their individual certification(s) and competence based on their education,
				training, experience, state and national accreditations, and
				licenses.
(c) Certified Problem
				Gambling Treatment Counselors shall only use the title if employed by a mental
				health facility or a substance use disorder/addiction treatment facility that
				is operated by the Department or contracts with the State to provide behavioral
				health services, a tribe or tribal facility that provides behavioral health
				service, or an Oklahoma Department of Veterans Affairs or a United States
				Department of Veterans Affairs facility.
(d) As an employee of a behavioral health
				provider, reimbursement for services rendered will not be collected outside of
				the agency's system of service reimbursement.
(e) Certified Problem Gambling Treatment
				Counselors shall provide services with populations and in areas only within the
				boundaries of their competence, based on education, training, consultation,
				study or professional experience.
(1)
				Certified Problem Gambling Treatment Counselors that delegate or assign work to
				employees, supervisees, or assistants must take reasonable steps to see that
				such persons perform the services competently.
(2) Certified Problem Gambling Treatment
				Counselors are eligible to provide services within the scope of their
				certification that would not lead to conflict of interest, exploitation of
				relationship, loss of objectivity and based on education, training, and
				experience.
(3) Certified Problem
				Gambling Treatment Counselors shall provide consumers at the beginning of
				service written, accurate, and complete information regarding the extent and
				nature of the services available to them, to include fees and manner of
				payment.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 5 - Rules of Professional Conduct › Section 450:75-5-3 - Code of ethics and professional standards

Current through Vol. 41, No. 20, July 1, 2024
(a) Certified Problem Gambling Treatment
				Counselors shall adhere to the following code of ethics:
(1) Certified Problem Gambling Treatment
				Counselors shall be committed to respecting the dignity and autonomy of all
				persons that is to include, but is not limited to, professional relationships
				with consumers (or former consumers), supervisees, students, employees, or
				research participants in efforts to maintain the highest standards of their
				practice.
(2) Certified Problem
				Gambling Treatment Counselors shall terminate service to consumers, and
				professional relationships with them, when such service and relationships are
				no longer required or in which a conflict of interest arises.
(3) Certified Problem Gambling Treatment
				Counselors shall not, in the rendering of their professional services,
				participate in, condone, and promote discrimination on the basis of race,
				color, age, gender, religion, disability and or limitation, or national
				origin.
(4) Certified Problem
				Gambling Treatment Counselors shall be aware of and respect cultural,
				individual, and role differences, including those based on age, gender, gender
				identity, race, ethnicity, culture, national origin, religion, sexual
				orientation, disability, language, and socioeconomic status and consider these
				factors when working with members of such groups. They shall also eliminate the
				effect on their work of biases based on those factors, and shall not knowingly
				participate in or condone activities of others based upon such prejudices or
				influence.
(5) Certified Problem
				Gambling Treatment Counselors shall be obligated to report witnessed, involved,
				or reported ethical violations without violation of any confidentiality rights
				that may be involved. Certified Problem Gambling Treatment Counselors shall be
				obligated to follow steps of reporting professional misconduct as set forth by
				the Department and in this Chapter.
(6) Certified Problem Gambling Treatment
				Counselors shall give precedence to his or her professional responsibility over
				personal interests.
(7) Certified
				Problem Gambling Treatment Counselors shall not engage in any form of gambling,
				betting, or wagering specifically with clients.
(8) Certified Problem Gambling Treatment
				Counselors shall not render professional services while under the influence of
				alcohol or other mind or mood altering drugs.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 5 - Rules of Professional Conduct › Section 450:75-5-5 - Reporting

Current through Vol. 41, No. 20, July 1, 2024
(a) Certified Problem Gambling Treatment
				Counselors shall report any violation of professional conduct by a Certified
				Problem Gambling Treatment Counselor as outlined in this Chapter.
(b) Certified Problem Gambling Treatment
				Counselors shall notify the Department of any change in name, address,
				telephone number, or employment if the counselor will continue to provide
				problem gambling treatment services in the new employment setting.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 5 - Rules of Professional Conduct › Section 450:75-5-7 - Failure to comply

Current through Vol. 41, No. 20, July 1, 2024
A Certified Problem Gambling Treatment Counselor who does not
				  comply with the standards in 450:75-5-1 or 450:75-5-3 shall be guilty of
				  unprofessional conduct and subject to disciplinary action.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 7 - Enforcement › Section 450:75-7-1 - Enforcement

Current through Vol. 41, No. 20, July 1, 2024
(a) ODMHSAS may impose administrative
				sanctions, including revocation, suspension, non-renewal of certification and
				reprimand against Certified Problem Gambling Treatment Counselors.
(b) The Department shall conduct itself in a
				manner to intervene in an immediate action to protect a consumer(s) according
				to the guidelines and rules provided, to prevent further detriment to any
				consumer.
(c) All proceedings,
				hearing and appeals shall be conducted in accordance with Chapter 1 of Title
				450 and the Administrative Procedures Act.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 75 - Standards and Criteria for Certified Problem Gambling Treatment Counselors › Subchapter 7 - Enforcement › Section 450:75-7-3 - Complaints of professional conduct

Current through Vol. 41, No. 20, July 1, 2024
If ODMHSAS determines that a possible violation of any rules
				  set forth in this Chapter has occurred, ODMHSAS may commence an investigation
				  of the complaint pursuant to this Chapter and Chapter 1 of Title
				  450.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are the administrative rules of the Oklahoma Merit Protection Commission (Commission) which govern appeals and associated processes before the Commission. These rules establish procedures and standards necessary for the Commission to perform its duties and functions. The Commission has adopted the rules in this Chapter. The Administrator of the Human Capital Management Division of the Office of Management and Enterprise Services has adopted the rules which are in OAC 260.
(1)
Authority.
The authority for these rules is Section 840-1.9 of Title 74 of the Oklahoma Statutes. The primary basis is the Oklahoma Personnel Act, Section 840-1.1 et seq. of Title 74 of the Oklahoma Statutes; Merit Protection Commission
(2)
Legal cites.
Some of these rules may restate language from statutes. Italic type means the language repeats language from statutes and the specific statutory reference will appear in brackets following the language in italics.
Amended at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-3 - Effect of amendments to rules and laws on appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) If a court of competent jurisdiction finds any rule or part of any rule in this chapter to be unenforceable, it shall not impair or invalidate the remaining rules and the remaining rules shall be valid and enforceable to the fullest extent allowed by law.
(b) Unless precluded by law, any appeal shall be completed in accordance with the procedural laws and rules in effect at the time the appeal was filed.
Amended at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-5 - Review of Commission records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Generally.
The Commission supports the public's right to know and be informed about their government. This right must be balanced with the rights of individuals to have adequate protection from clearly unwarranted invasions of personal privacy and assaults on their integrity. Records maintained by the Commission may be inspected and copied during normal business hours in accordance with state and federal laws and the rules in this chapter. Any person wishing to inspect, copy or reproduce records under the control of the Commission shall complete the Commission's Request for Access to Records form. Sufficient advanced notice shall be given so the essential functions of the Commission shall not be severely disrupted. Appointments are preferred.
(b)
Confidential records.
Access to confidential records shall be limited to officers and employees of state or federal government acting in their official capacities. The extent of access may be limited as determined to be appropriate by the Executive Director.
(1) The following Commission records shall be confidential:
(A) records which relate to internal personnel investigations, including examination and selection for employment, hiring, appointment, promotion, demotion, discipline or resignation. [51:24A.7(A)(1)].
(B) records received from the federal government or records generated or gathered as a result of federal legislation may be kept confidential to the extent required by law.
(C) records specifically required by law to be kept confidential, including records not discoverable under state law, such as material prepared in anticipation of lawsuit or trial, records protected by a state evidentiary privilege, [51:24A.5(1)(a)], records of what happened during executive session. [51:24A.5(1)(b)].
(D) other records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, such as employee evaluations, payroll deductions or employment applications of persons not hired. [51:24A.7(A)(2)].
(E) state employee home addresses, home telephone numbers, social security numbers, and information related to personal electronic communication devices of current and former state employees shall not be open to public inspection or disclosure without written permission from the current or former state employees or without an order from a court of competent jurisdiction. [74:840-2.11].
(F) see OAC 455:10-7-6 for access to Commission investigative files.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-6 - Requests for declaratory rulings [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 989, eff 2-4-93 through 7-14-93 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 7-15-93 (after the 7-14-93 expiration of this emergency action), the text of Section 455:10-1-6 was no longer effective. For the official text of the emergency rule that was effective from 2-4-93 through 7-14-93, see 10 Ok Reg 989.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-7 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Merit Protection Commission consists of nine members (Commissioners): two members appointed by the President Pro Tempore of the Senate; two members appointed by the Speaker of the House of Representatives; and five members appointed by the Governor. The appointing authority of the Commission is the Executive Director.
(b) The Commissioners and the Executive Director may take action to carry out the duties of the Commission and to accomplish the objectives of any program or activity within the Commission's jurisdiction and authority.
(c) Request submissions and other communications to the Commission can be accomplished by mail, email, fax, telephone, or personal visit, except where specified in rule or policy pertaining to the Commission's programs and processes.
(d) The normal business hours of the Commission are 8:00 a.m. to 5:00 p.m., Monday through Friday, except for legal holidays.
Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-1-02, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-8 - Request for promulgation, amendment or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may request the Commission adopt, amend or repeal a rule in this chapter. The request shall be made in writing and shall include an explanation to support the request. A request shall also include:
(1) the name, address and telephone number of the person making the request;
(2) the name, address and telephone number of the agency or organization the person represents, if any;
(3) the number used to identify the rule if the request is to amend or repeal an existing rule; and
(4) the proposed language if the request is to amend an existing rule or adopt a new rule.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-9 - Request for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person directly affected by a Commission final or addendum decision may file a request for a declaratory ruling to explain or clarify the order in relation to a particular situation. The Commission shall not entertain a request based on hypothetical or speculative situations.
(b) Any person may file a request for interpretation or applicability of any rule adopted by the Commission.
(c) A request for a declaratory ruling shall be made in writing and shall include the following information:
(1) the name, address and telephone number of the person making the request;
(2) the name, address and telephone number of the agency or organization the person represents, if any;
(3) a description of the problem or issue that is the basis for the request;
(4) a statement of the facts and questions the person may have; and
(5) the identification of the specific order or rule on which the declaratory ruling is being sought.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 1 - General Provisions › Section 455:10-1-10 - Forms and instructions

Current through Vol. 41, No. 20, July 1, 2024
Other chapters in this Title contain references to filing instructions that the Commission uses and requires. Persons may contact the Commission to request forms and general information about completing and submitting them.
Amended at 19 Ok Reg 2376, eff 7-1-02; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-1-02, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-1 - Location for information and for filing [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 7-15-93 (after the 7-14-93 expiration of this emergency action), the text of Section 455:10-3-1 was no longer effective. For the official text of the emergency rule that was effective from 1-1-93 through 7-14-93, see 10 Ok Reg 657.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-1.1 - Time

Current through Vol. 41, No. 20, July 1, 2024
Time is jurisdictional.
(1)
Alleged violation appeal.
Unless otherwise provided for by statute or the rules in this chapter, an alleged violation appeal shall be filed within 20 calendar days after the alleged violation occurs. The Executive Director may extend this time limit if the appellant demonstrates that he or she filed within 20 calendar days after becoming aware of, or with due diligence, should have become aware of the alleged violation, or for other good cause shown. For information on filing an appeal after a formal grievance see OAC 455:10-19-46.
(2)
Adverse action appeal.
An appeal of a permanent classified employee appealing a discharge, suspension without pay or involuntary demotion shall be filed within 20 calendar days after receipt of the written notice of the action imposed, by certified mail or personal service. This is a statutory time limit and may not be extended. [74:840-6.5(C)].
Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-1-02, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-2 - Determining jurisdiction; "file" defined

Current through Vol. 41, No. 20, July 1, 2024
(a) It is solely the authority of the Commissioners and Executive Director to determine whether or not matters being appealed are subject to the jurisdiction of the Commission. No request for appeal shall be accepted more than 12 months after the event causing the appeal, unless otherwise provided for by any statute. Unless otherwise defined in the rules in this chapter, "file" means receipt by the Commission.
(b) The file date of a document is the earliest date the Commission receives the document or the date it is postmarked. If the last day for filing is a Saturday, Sunday or legal holiday as proclaimed by the Governor, the file date shall be extended to the end of the next business day.
(c) The Executive Director is authorized to establish and maintain guidelines for the electronic filing of documents.
Amended at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1; Amended at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)2; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-93 (after the 7-14-93 expiration of the emergency action), the text of 455:10-3-2 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended by permanent action on 7-15-96.
2This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-1-02, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-3 - Alleged violations of the Oklahoma Personnel Act or Merit Rules

Current through Vol. 41, No. 20, July 1, 2024
Any person who believes that his or her rights under any law or rule over which the Commission has jurisdiction have been violated may file a petition for appeal with the Commission within the time limits specified in OAC 455:10-3-1.1(1). Pursuant to OAC 455:10-19-35, the Commission shall accept appeals regarding promotional issues, pay movement mechanisms or compensation issues, discipline issues (except discharge, suspension without pay and involuntary demotion), leave issues and the employee service rating system issues only after such issues have been filed and addressed through the internal agency grievance procedure. For further information on these specific issues and the internal agency grievance procedure see OAC 455:10-19. All other issues, including illegal discrimination (Merit Rule 455:10-3-5 ) and whistleblower (Merit Rule 455:10-3-6 ) may be filed directly with the Commission.
Revoked at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1; Amended at 13 Ok Reg 3025, eff 7-15-96; Amended at 17 Ok Reg 553, eff 11-30-99 (emergency); Amended at 17 Ok Reg 2560, eff 6-26-00; Amended at 19 Ok Reg 2376, eff 7-1-02
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action revoking a Section, the last effective permanent text of the Section is reinstated. Therefore, on 7-15-93 (after the 7-14-93 expiration of the emergency action), the text of 455:10-3-3 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended by permanent action on 7-15-96.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-3.1 - Time [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 7-15-93 (after the 7-14-93 expiration of this emergency action), the text of Section 455:10-3-3.1 was no longer effective. For the official text of the emergency rule that was effective from 1-1-93 through 7-14-93, see 10 Ok Reg 657.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-3.2 - Representatives [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 7-15-93 (after the 7-14-93 expiration of this emergency action), the text of Section 455:10-3-3.2 was no longer effective. For the official text of the emergency rule that was effective from 1-1-93 through 7-14-93, see 10 Ok Reg 657.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-3.3 - No jurisdiction over designation of worksite

Current through Vol. 41, No. 20, July 1, 2024
A state agency shall have sole and final authority to designate the place or places where its employees shall perform their duties. The Oklahoma Merit Protection Commission shall not have the jurisdiction to accept an appeal of an employee resulting from the employing agency transfer of an employee from one county or locality to another, changing the assigned duties of an employee, or relieving the employee from the performance of duty at a particular place and reassigning to an employee duties to be performed at another place, unless an employee asserts that:
(1)
The action resulted in a change in job classification or reduction of the base salary of the
(2)
A violation of the provisions of Section 840-2.5 or 840-2.9 of
[Title 74]
may have occurred; or
(3)
The action was taken clearly for disciplinary reasons and to deny the employee the right of appeal
[74:840-4.19].
Added at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Added at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section 455:10-3-3.3 was no longer effective, and remained as such until added again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-4 - Statute of limitations [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new section, the section is no longer effective. Therefore, on 7-15-93 (after the 7-14-93 expiration of this emergency action), the text of Section 455:10-3-4 was no longer effective. For the official text of the emergency rule that was effective from 1-1-93 through 7-14-93, see 10 Ok Reg 657.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-4.1 - Notice of appeal

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a petition for appeal, the Commission shall send a notice of appeal to the appointing authority or designated representative. The Executive Director may order a person or agency added as a party of record and that person or agency shall be sent a notice of appeal.
Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency)1; Amended at 26 Ok Reg 2690, eff 7-25-09
1This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-15-96, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-5 - Discrimination

Current through Vol. 41, No. 20, July 1, 2024
(a) No person in the state service, whether subject to the provisions of the Merit System or in unclassified service, shall be appointed to, demoted or dismissed from any position in the state service, or in any way favored, harassed or discriminated against with respect to employment because of political or religious opinions or affiliations, race, creed, gender, color, ancestry, national origin or by physical handicap so long as the physical handicap does not make the person unable to do the work for which employed [74:840-2.9].
(b) No agency, department, institution, board or employee shall:
(1) separate or refuse to employ any person otherwise qualified on account of age, political or religious opinions or affiliations, race, creed, gender, color, ancestry, national origin or by handicap;
(2) discriminate for the same reasons in regard to tenure, terms or conditions of employment;
(3) deny promotion or increase in compensation solely for these reasons;
(4) publish an offer of employment based on such discrimination;
(5) adopt or enforce any rule or employment policy which so discriminates as to any employee;
(6) seek such information as to any applicant or employee [this does not preclude information sought in accordance with any other federal or state statute]; or
(7) discriminate in the selection of personnel for training solely on such basis [74:954].