Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-7 - Requests for agency public information

Current through Vol. 41, No. 20, July 1, 2024
Any person making a request pursuant to
				  450:1-1-6 shall
				  comply with the following:
(1) The
				request must be in writing and may be mailed to Oklahoma Department of Mental
				Health and Substance Abuse Services, P.O. Box 53277, Oklahoma City, Oklahoma
				73152-3277, or sent via facsimile to (405) 522-3650, or made in person during
				regular office hours between 8:00 a.m. and 5:00 p.m at 2000 N. Classen, Suite
				E600, Oklahoma City.
(2) The
				request must describe the record(s) requested, be signed by the party making
				the request, and have the party's mailing address and telephone
				number.
(3) Whenever possible,
				requests shall be made to the division or area of the Department that maintains
				the records. Requests by attorneys in formal litigation must go through the
				Legal Division. Requests for personnel records that are not confidential must
				go through the Human Resources Management Division. Requests for records
				regarding facilities or programs certified by the Board must be directed to the
				Provider Certification Division. Requests for records regarding persons or
				entities contracting with the Department must be directed to the Contracts
				Division. Requests from the media for records must go through the
				Communications Division. Requests for records regarding Board meetings must go
				through the Office of the Commissioner. If the division or area that maintains
				the records is unknown to the party making the request, the request should be
				directed to the Legal Division.
(4)
				The requesting party shall pay a fee for copies. Said fee shall be twenty-five
				cents (25¢) per page, twelve dollars ($12.00) per 3½-inch diskette,
				and $1.00 per page for certified documents. For commercial requests or those
				that would cause excessive disruption of office function, such as documents
				that are archived, either internally or with the Oklahoma Archives and Records
				Commission, a search fee will be charged based upon the hourly rate of the
				individual(s) searching for, and locating, the requested records.
(5) Mental health and substance abuse
				treatment records are confidential and not subject to release by statutes and
				federal regulations including, but not limited to, 43A O.S. §§ 1-109,
				3-313, 3-422 and 3-423; 63 O.S. §
									1-1502;
				and 42 CFR, Part 2.
(6) Certain
				ODMHSAS employee personnel records are confidential and not subject to the
				Oklahoma Open Records Act, including employee evaluations, payroll deductions,
				applications submitted by persons not hired by ODMHSAS; internal personnel
				investigations including examination and selection material, employees' home
				addresses, telephone numbers, and social security numbers, medical and employee
				assistance records, and other personnel records where disclosure would
				constitute a clear invasion of privacy. Personnel records information that are
				subject to release are the application of a person who becomes an employee of
				the Department, gross receipt of public funds, dates of employment, title or
				position and any final disciplinary action resulting in loss of pay,
				suspension, demotion or termination.
(7) Any other document protected, as
				confidential, by any Oklahoma or federal law, or Oklahoma or federal
				administrative rule, or by order of a court of competent jurisdiction, is not
				subject to the Oklahoma Open Records Act.
Added at 10 Ok Reg 3087,
				  eff 7-1-93; Amended at 13 Ok Reg 2209, eff 7-1-96; Amended at 14 Ok Reg 1906,
				  eff 5-27-97; Amended at 15 Ok Reg 2741, eff 7-1-98; Amended at 16 Ok Reg 1466,
				  eff 7-1-99; Amended at 19 Ok Reg 1346, eff 7-1-02; Amended at 22 Ok Reg 2099,
				  eff 7-1-05; Amended at 23 Ok Reg 1941, eff
				  7-1-06