reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-6 - Alleged violations of employee's freedom of expression

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
For purposes of this section agency means any office, department, commission or institution of the state government [74:840-2.5(B)]. No officer or employee of any state agency shall prohibit or take disciplinary action against employees of such agency, whether subject to the provisions of the Merit System or in unclassified service, for:
(1) Disclosing public information to correct what the employee reasonably believes evidences a violation of the Oklahoma Constitution or law or a rule promulgated pursuant to law;
(2) Reporting a violation of the Oklahoma Constitution, state or federal law, rule or policy; mismanagement; a gross waste of public funds; an abuse of authority; or a substantial and specific danger to public health or safety;
(3) Discussing the operations and functions of the agency, either specifically or generally, with the Governor, members of the Legislature, the print or electronic media, or other persons in a position to investigate or initiate corrective action;
(4) Taking any of the above actions without giving prior notice to the employee's supervisor or anyone else in the employee's chain of command. [74:840-2.5(B)].
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-7 - Appeal of demotion, suspension without pay or discharge

Current through Vol. 41, No. 20, July 1, 2024
Any permanent classified employee who is discharged, involuntarily demoted or suspended without pay may file a petition for appeal with the Commission within the time limits specified in OAC 455:10-3-1.1(2).
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
1This emergency action expired without being superseded by a permanent action.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 is reinstated. Therefore, on 7-15-93 (after the 7-14-93 expiration of the emergency action), the text of 455:10-3-7 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 455:10-3-7.1 - Settlement of appeals [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)
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 455:10-3-7.1 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 455:10-3-8 - Notice of appeal rights

Current through Vol. 41, No. 20, July 1, 2024
When action is taken pursuant to any rule or statutory provision which requires notice of a right of appeal to the Oklahoma Merit Protection Commission, the employee or applicant shall be provided:
(1) notice of the right to file an appeal with the Commission, the time limits for receipt of the appeal and address of the Commission office;
(2) a citation of the statute or rule under which the action was taken; and,
(3) a copy of the Commission's petition for appeal form.
Amended and renumbered from 455:10-5-1 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 3 - Jurisdiction, Rights and Processes › Section 455:10-3-9 - Petition for appeal

Current through Vol. 41, No. 20, July 1, 2024
(a) A petition for appeal shall contain the following information:
(1) the name, address and telephone number of the appellant. The appellant shall maintain a current address with the Commission throughout the appeal process. Failure to do so shall be cause for dismissal of the appeal.
(2) the name of the agency against whom the appeal is filed;
(3) the date of the action taken or not taken which the appellant believes violated his or her rights;
(4) the date notice was received of any discharge, suspension without pay or involuntary demotion and a copy of such notice shall be attached to the petition for appeal;
(5) the basis for the appeal stating who did what, when, where, how and why. Documentary evidence should be attached to the petition for appeal;
(6) a citation of the statute or rule the appellant believes has been violated;
(7) a statement of the remedy the appellant is seeking;
(8) the name, address and telephone number of the appellant's representative, if any;
(9) a description of any internal agency grievance or other complaint the appellant or anyone acting on the appellant's behalf has filed with any other agency regarding the same issues; and
(10) signature of the appellant and representative, if any.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-10 - Processing of appeals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Adverse action appeals.
Adverse action appeals shall be processed in accordance with Section 840-6.5 of Title 74 of the Oklahoma Statutes and the rules in this chapter.
(b)
Alleged violation appeals.
Alleged violation appeals shall be processed in accordance with Section 840-6.6 of Title 74 of the Oklahoma Statutes and the rules in this chapter. All appeals arising from employment in the unclassified service shall be processed in accordance with this section.
(c)
Payroll claim protests.
Payroll claim protests shall be processed in accordance with Section 840-2.19 of Title 74 of the Oklahoma Statutes and the rules in this chapter. The agency shall:
(1) if asserting the Office of Personnel Management detected the error(s) and the agency relied on the information from the Office of Personnel Management, provide the Commission copies of the Office of Personnel Management findings, results of the audit conference required by Section 840-2.19 of Title 74 of the Oklahoma Statutes, a summary of the findings of the agency investigation, a description of the investigation, a summary of the evidence obtained from the investigation and a description of corrective action taken. The agency shall include a certification from the appointing authority's authorized payroll agent of the method used in reaching any calculation and a certification that such calculations are correct.
(2) if determining that an overpayment occurred, provide the Commission a copy of any and all documents and information considered during the agency investigation, a list of documents, laws, rules or policy which were used in making the factual determination that an overpayment occurred, and the date the overpayment determination was made and the name of the person making the decision that an overpayment occurred. The agency shall include a certification from the appointing authority's authorized payroll agent of the method used in reaching any calculation and a certification that such calculations are correct.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-11 - Consolidation and joinder of appeals

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director, on his or her own initiative or upon written request of a party, may order the consolidation or joinder of appeals if to do so will expedite the processing of the appeals and not adversely affect the interest of the parties.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-12 - Settlement of appeals

Current through Vol. 41, No. 20, July 1, 2024
Settlement discussions are appropriate and encouraged at any stage of the appeal process. The parties may elect to enter into settlement discussions on their own or through mediation. If settlement is reached and endorsement of the Commission is requested, the agreement shall be put into writing and signed by all parties or representatives. The agreement shall be filed with the Commission and shall be reviewed and approved before dismissal of the appeal will be entertained. If approved, the Commission shall retain jurisdiction to enforce the terms of the agreement over which the Commission has jurisdiction and the agreement shall become part of the record.
Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-13 - Dismissal of appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) A petition for appeal, or an issue in a petition for appeal, may be dismissed if:
(1) it is moot or the appellant has not provided evidence to support the allegations;
(2) the appellant fails or refuses to appear for a scheduled meeting;
(3) the appellant refuses to accept a settlement offer which affords the relief he or she could reasonably expect if he or she prevailed in the appeal; or
(4) it is not timely filed or is not within the Commission's jurisdiction or authority.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-14 - Appeal record

Current through Vol. 41, No. 20, July 1, 2024
(a)
Content.
An appeal record shall include:
(1) the petition for appeal, notices 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 proposed or final orders issued by the Commission; and
(7) all other data submitted to a presiding official in connection with his or her consideration of the appeal.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-15 - Transcripts

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings shall be recorded by digital recordings. The Commission's recording will serve as the official recording for purposes of creating an official written transcript. The Commission shall prepare a written transcript of the recording only upon written request and receipt of a deposit of cash or cashiers 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 Commission shall pay transcription costs on behalf of an indigent respondent, if the respondent establishes indigent condition through execution of an
in forma pauperis
affidavit upon a form approved by the Commission. Should the indigent respondent receive a financial recovery, the respondent shall reimburse the Commission from those proceeds. [74:840-1.21].
(c) Any party desiring to have a hearing or Alternative Dispute Resolution Program procedure recorded by a court reporter shall request approval of the presiding official 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 Commission at no cost.
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 455:10-3-16 - Motions and requests

Current through Vol. 41, No. 20, July 1, 2024
Oral motions may be made during a prehearing conference, hearing or Alternative Dispute Resolution Program procedure. All other motions and requests shall be filed in writing, within established time frames, and shall state the reason for the motion or request and shall include an affidavit of service to all other parties. Unless otherwise specified, any response to a motion or request shall be filed within 10 calendar days of the file date of the motion or request. The Executive Director or presiding official may extend the time for filing a response upon a showing of good cause.
Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 17 Ok Reg 2560, eff 6-26-00
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-17 - 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, hearing or Alternative Dispute Resolution Program procedure may be continued or adjourned by the Executive Director or the presiding official for just cause at any time. A continuance shall be granted only in those instances where extraordinary circumstances exist and good cause has been shown. If granted, a continuance shall be made to a date certain.
(1) If granted on behalf of the Commission or an appellee, and the appellant is subsequently sustained in the appeal, back pay and other benefits shall be awarded for the entire judgment as determined appropriate by the presiding official.
(2) If granted on behalf of the appellant and he or she is subsequently sustained in the appeal, back pay and other benefits shall be awarded only for the period of time that the appellant did not delay the appeal as determined appropriate by the presiding official.
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 455:10-3-18 - Ex-parte communication

Current through Vol. 41, No. 20, July 1, 2024
Ex-parte communications are those which involve the merits of an appeal. Ex-parte communications are prohibited from the time an appeal is filed until a final decision is issued. This section shall not apply to Commission investigations or to other communications authorized or required by statute or the rules in this chapter.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-19 - Sanctions

Current through Vol. 41, No. 20, July 1, 2024
The Commissioners, Executive Director or a presiding official may assess sanctions for failure to comply with notice requirements, time schedules, directives or orders. Such sanctions may include, but are not limited to, dismissal of appeals, denial of relief, or costs of the action, as may be warranted.
Amended and renumbered from 455:10-5-7 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 3 - Jurisdiction, Rights and Processes › Section 455:10-3-20 - Petitions to rehear, reopen or reconsider cases

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
A party adversely affected by the final decision of a presiding official or the Executive Director may petition the Commissioners to order rehearing, reopening or reconsideration of the decision.
(b)
Filing.
A petition to rehear, reopen or reconsider shall be filed within 10 calendar days after the issue date of the final decision and shall include an affidavit of service to all other parties. Any response to the petition shall be filed within 10 calendar days after the file date of the petition and shall include an affidavit of service to all other parties. The time limit for filing a petition is statutory ( Section 317 of Title 75 of the Oklahoma Statutes) and may not be extended. The Executive Director may extend the time limit for filing a response for good cause shown.
(c)
Grounds.
A petition shall specify the grounds upon which the request is made as specified in Section 317 of Title 75 of the Oklahoma Statutes. Such grounds are:
(1) newly discovered or newly available evidence relevant to the issues. The request shall include the new evidence and verification that such evidence is true.
(2) need for additional evidence to adequately develop the facts essential to proper decision.
(3) probable error committed by the Commission in the proceeding or in its decision such as would be grounds for reversal on judicial review of the order. The request shall identify the probable error committed.
(4) need for further consideration of the issues and the evidence in the public interest.
(5) a showing that issues not previously considered ought to be examined in order to properly dispose of the matter.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-21 - Stay of enforcement

Current through Vol. 41, No. 20, July 1, 2024
The filing of a petition to rehear, reopen or reconsider or a petition for judicial review shall not automatically stay enforcement of the original decision.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 3 - Jurisdiction, Rights and Processes › Section 455:10-3-22 - Administrative fine

Current through Vol. 41, No. 20, July 1, 2024
(a) Section 840-6.9 of Title 74 of the Oklahoma Statutes states that the Commissioners may levy an administrative fine not to exceed five thousand dollars against any person, whether subject to the provisions of the merit system or in unclassified service, who after proper notice fails or refuses, within a reasonable period of time, to implement a written order of the Commission. Such fine shall be assessed against the person who violates the order and shall not be paid by any monies of the employing entity in which the person is employed or serves.
(b) The Executive Director may file a request with the Commissioners in accordance with this section after providing the person written notice of the actions the Executive Director may take. The party shall be afforded an opportunity to respond and provide additional evidence to support his or her position.
(c) For purposes of this section, "reasonable time" means, when the order does not fix a time for performance of the action, such time as is necessary, conveniently, to do what the order requires to be done, as soon as the circumstances will permit.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 5 - Appeal Procedures › Section 455:10-5-1 - Notice of appeal rights [AMENDED AND RENUMBERED TO 455:10-3-8]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1; Amended and renumbered to 455:10-3-8 at 13 Ok Reg 3025, eff 7-15-96
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 455:10-5-1 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended and renumbered by permanent action on 7-15-96.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 5 - Appeal Procedures › Section 455:10-5-2 - Petition for appeal [AMENDED AND RENUMBERED TO 455:10-3-9]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1; Amended and renumbered to 455:10-3-9 at 13 Ok Reg 3025, eff 7-15-96
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 455:10-5-2 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended and renumbered by permanent action on 7-15-96.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 5 - Appeal Procedures › Section 455:10-5-3 - Investigations [AMENDED AND RENUMBERED TO 455:10-7-2]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1; Amended and renumbered to 455:10-7-2 at 13 Ok Reg 3025, eff 7-15-96
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 455:10-5-3 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended and renumbered by permanent action on 7-15-96.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 5 - Appeal Procedures › Section 455:10-5-4 - Prehearing conference [AMENDED AND RENUMBERED TO 455:10-9-1]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency)1; Amended and renumbered to 455:10-9-1 at 13 Ok Reg 3025, eff 7-15-96
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 455:10-5-4 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended and renumbered by permanent action on 7-15-96.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 5 - Appeal Procedures › Section 455:10-5-5 - Hearing [AMENDED AND RENUMBERED TO 455:10-9-2]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered to 455:10-9-2 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 5 - Appeal Procedures › Section 455:10-5-6 - Dismissal of appeals [AMENDED AND RENUMBERED TO 455:10-3-13]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered to 455:10-3-13 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 5 - Appeal Procedures › Section 455:10-5-7 - Penalties [AMENDED AND RENUMBERED TO 455:10-3-19]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered to 455:10-3-19 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 5 - Appeal Procedures › Section 455:10-5-8 - Hearing records [AMENDED AND RENUMBERED TO 455:10-3-14]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered to 455:10-3-14 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 5 - Appeal Procedures › Section 455:10-5-9 - Issuance of decisions [AMENDED AND RENUMBERED TO 455:10-9-5]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered to 455:10-9-5 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 5 - Appeal Procedures › Section 455:10-5-10 - Administrative Law Judges [AMENDED AND RENUMBERED TO 455:10-21-1]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered to 455:10-21-1 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 5 - Appeal Procedures › Section 455:10-5-11 - Petitions to rehear, reopen or reconsider cases [AMENDED AND RENUMBERED TO 455:10-3-20]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered to 455:10-3-20 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 5 - Appeal Procedures › Section 455:10-5-12 - Attorney fees - payment by agency [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 455:10-5-12 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 5 - Appeal Procedures › Section 455:10-5-13 - Attorney fees and costs-payment by Appellant [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 455:10-5-13 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 5 - Appeal Procedures › Section 455:10-5-14 - Alternative Dispute Resolution Program [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 455:10-5-14 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 5 - Appeal Procedures › Section 455:10-5-15 - Negotiation conference [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 455:10-5-15 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 5 - Appeal Procedures › Section 455:10-5-16 - Resolution conference [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 455:10-5-16 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 5 - Appeal Procedures › Section 455:10-5-17 - Panel conference [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 455:10-5-17 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 5 - Appeal Procedures › Section 455:10-5-18 - Voluntary mediation [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 455:10-5-17 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 7 - Investigations › Section 455:10-7-1 - Preliminary investigation

Current through Vol. 41, No. 20, July 1, 2024
(a) A preliminary investigation shall be conducted upon receipt of a petition for appeal to determine through review of any content in the petition for appeal and attachments: jurisdiction, issues of the appeal, parties to the appeal and whether or not there is evidence to support the allegations.
(b) Clarification of the appeal may be obtained through written questions, interviews or any other methods determined appropriate. Failure of the appellant to appear, respond or provide requested information shall be grounds to dismiss the appeal without further review.
(c) If jurisdictional requirements are not met or if the appellant has not provided evidence to support the allegations, the parties shall be sent a copy of the investigative report which shall describe why proposed dismissal action is being recommended. Any party may respond, in writing, and provide any additional information within the time limits established for receipt of such information. The time limit for response may be extended for good cause.
Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 17 Ok Reg 2560, eff 6-26-00; Amended at 19 Ok Reg 2376, eff 7-1-02
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 7 - Investigations › Section 455:10-7-2 - Directed investigation

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Upon receipt of a petition for appeal or on its own initiative, the Commissioners or Executive Director may direct that an investigation of any agency's employment practices be conducted. The directed investigation is a method to assist in determining whether or not a violation within the Commission's jurisdiction may have occurred. In conducting investigations, the Commission may exercise any statutory authority and may use all powers not otherwise prohibited.
(b)
Extent.
The investigation shall be conducted to the extent necessary to determine whether or not there are reasonable grounds and evidence to believe whether or not the alleged violation(s) may have occurred.
(c)
Requests for information.
The Commission may request responses or information from any agency or person. Written responses and information may be required and may be obtained through written questions, interviews or any other methods determined appropriate. The time limit for submission of responses and information may be extended for good cause.
(1) Failure of an appointing authority, agency representative, or named person to appear, respond or provide requested information may be grounds to believe the alleged violation(s) may have occurred without further review.
(2) Failure of an appellant, or his or her designated representative, to appear, respond or provide requested information shall be grounds to dismiss the appeal without further review.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 7 - Investigations › Section 455:10-7-3 - Fact finding conference

Current through Vol. 41, No. 20, July 1, 2024
The fact finding conference is an investigatory technique, not an adversarial proceeding. Its purpose is to aid in determining whether or not an alleged violation over which the Commission has jurisdiction may have occurred. It is not a hearing and is not subject to laws or rules governing hearings. Before the conference, each party may be requested to provide the names of persons who have relevant information about the issues in dispute. The conference shall be conducted by a Commission representative who shall have the authority to adapt the conference to the situation at hand.
(1)
Notice.
At least 7 calendar days before the conference, parties and witnesses shall be notified of the date, time and location. This notice shall contain the names of persons to be interviewed and any documented information to be brought to the conference.
(2)
Representation.
Each party may have a representative at the conference to act in an advisory role only and the representative shall not be permitted to examine or cross-examine witnesses. The appellant and any other named party shall speak for himself or herself; the appointing authority may name a spokesperson who has direct knowledge of the incidents involving the appeal.
(3)
Record of documents.
A Record of Documents shall be reviewed. This record shall list all relevant documents submitted before the conference and may be supplemented with additional relevant documents received at the conference. The Commission representative shall determine the relevance of documents.
(4)
Order of procedure.
The appellant shall present his or her case first describing in detail the incident(s) which allegedly violate his or her rights and specifically how each incident described is a violation. The appellee shall respond to the incidents and explain the appellee's position.
(5)
Testimony of witnesses.
Witnesses shall not be present during the fact finding conference except when giving testimony. The witness, after being identified, shall be asked to state in narrative his or her knowledge of the alleged incidents. Each party shall have the opportunity to ask the witness questions. The Commission representative shall decide whether or not questions are relevant and whether or not the witness is required to answer. The Commission representative may ask questions at any stage of the conference.
(6)
Closing.
The Commission representative shall close the conference after each party has presented his or her case and witnesses have been heard, unless sooner terminated as a result of settlement or other just cause. Each party shall be notified of the findings of the conference through the investigative report.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 7 - Investigations › Section 455:10-7-4 - Investigative report

Current through Vol. 41, No. 20, July 1, 2024
An investigative report of the preliminary investigation, directed investigation or fact finding conference shall be issued and include a summary of the appeal, issues of the appeal, findings of fact and a recommendation for the disposition of the appeal. The report shall also include a reference to persons interviewed and documents used in making the findings of fact. The purpose of the report shall be to assist the Executive Director in determining whether or not a violation within the Commission's jurisdiction may have occurred.
(1) A copy of the investigative report shall be issued to each party and within 10 calendar days after the issue date of the report, any party may file a response and include any additional relevant information to be considered. The time limit for response may be extended for good cause.
(2) Any party filing a response or providing additional information should provide a copy to all other parties.
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 7 - Investigations › Section 455:10-7-5 - Standards

Current through Vol. 41, No. 20, July 1, 2024
(a) The following standards of review shall be used and applied in investigations and in determining whether or not a violation within the Commission's jurisdiction may have occurred:
(1) the applicable or relevant law or statute;
(2) the applicable rule;
(3) the applicable agency rule, policy, procedure or practice; and
(4) review for consistent or uniform application, as appropriate.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 7 - Investigations › Section 455:10-7-6 - Investigative file

Current through Vol. 41, No. 20, July 1, 2024
Documents obtained during the course of a directed investigation or fact finding conference shall be maintained in an investigative file. The investigative file shall be confidential pursuant to Section 24A.7(A)(1) of Title 51 of the Oklahoma Statutes and the rules in this chapter. A party to the appeal or his or her designated representative may review the documents in the investigative file and listen to a recording of his or her interview. This review shall be limited to the time between the issue date of the investigative report up to 10 calendar days after the issue date of the Determination of the Executive Director. See OAC 455:10-1-5 for information on access to Commission records.
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 7 - Investigations › Section 455:10-7-7 - Agency required investigations

Current through Vol. 41, No. 20, July 1, 2024
The Commissioners or Executive Director may require an appointing authority to conduct an investigation within his or her agency of issues within the Commission's jurisdiction. When such a request is made, the appointing authority shall sign and send a report of the investigation to the Commission by the date established for receipt. If not received, the Commissioners or Executive Director may direct a Commission investigation or schedule the matter for hearing or the Alternative Dispute Resolution Program. The report of the investigation by the appointing authority shall include, as a minimum:
(1) the name of the person who conducted the investigation;
(2) a summary of the findings of the investigation;
(3) a description of how the investigation was conducted;
(4) a summary of evidence obtained from the investigation;
(5) a description of any corrective action taken or planned as a result of the investigation.
Added at 13 Ok Reg 3025, eff 7-15-96
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 9 - Hearing Process › Section 455:10-9-1 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The Executive Director may schedule a prehearing conference on any appeal 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. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown. Prior to the prehearing conference each party shall file with the Commission and provide to each other party and the Administrative Law Judge a copy of:
(1) a brief statement of his or her respective case, to include a list of stipulations and requested remedy;
(2) a list of any witnesses who have direct knowledge of the facts surrounding the issues of the appeal and who are expected to be called at the hearing. The list shall include a brief statement of the testimony each witness will offer. The list may be amended, with the approval of the Administrative Law Judge, before the hearing date;
(3) a list of any documents and exhibits and the original or a copy of each document or exhibit to be offered into evidence at the hearing. The list may be amended, with the approval of the Administrative Law Judge, before the hearing date;
(4) a list of any witnesses for whom a subpoena is required. The list shall include each witness's name, address and a brief statement of the testimony to be offered by each witness. Subpoenas shall not be issued by the Commission without this information. The list may be amended, with the approval of the Administrative Law Judge, up to 10 calendar days before the hearing date; and
(5) any requirements or requests for discovery. Discovery shall be requested and completed in accordance with OAC 455:10-13-1.
Oklahoma Administrative Code › Title 455 - Merit Protection Commission › Chapter 10 - Merit System of Personnel Administration Rules › Subchapter 9 - Hearing Process › Section 455:10-9-2 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The hearing provides each party the opportunity to present witnesses and evidence in support of his or her respective case for decision by an Administrative Law Judge. Hearings shall be conducted in accordance with the Oklahoma Personnel Act, the Administrative Procedures Act and the rules in this chapter.
(b)
Party responsibility.
Each party shall be present, on time and prepared. Failure to do so may result in dismissal of the appeal or other sanctions unless good cause is shown.
(c)
Representation.
Each party to the appeal may have a representative to speak and act on his or her behalf.
(d)
Administrative Law Judge responsibility.
The Administrative Law Judge 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 Administrative Law Judge 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 Administrative Law Judge 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 7 calendar days prior to the scheduled hearing.
(2)
Location.
The hearing shall be held at the Commission 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 Administrative Law Judge shall rule on the request and may change the location when to do so is in the best interests of the Commission and parties. The Administrative Law Judge shall be compensated for travel, per diem and other associated costs by the appointing authority if the location is changed at his or her request.
(3)
Witnesses.
Each party may call witnesses who have been approved by the Administrative Law Judge to offer testimony and evidence. The Administrative Law Judge shall administer an oath or affirmation to the witness and may question the witness at any stage of the hearing.
(4)
Continuance.
A request for continuance shall be filed in accordance with OAC 455:10-3-17 normally no less than 3 calendar days prior to the scheduled hearing. A lesser period of time may be permitted for good cause shown. The Administrative Law Judge shall rule on the request and in no case shall a combination of continuances of the hearing exceed a total of 30 calendar days except for good cause shown.