Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 15 - Small Cities Community Development Block Grant Program › Subchapter 9 - Consultant Certification › Section 150:15-9-7 - Process to impose penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				Department of Commerce, the Division Director of the Division of Community
				Development, or his/her designees, are charged with investigating the grievance
				or request for investigation. The investigation will be undertaken within
				fifteen days of the receipt of the grievance or request for investigation.
(b) The Division Director makes a
				report of the findings of the investigation to the Administrator Responsibility
				Commission. The Administrator Responsibility Commission is a five-(5) person
				panel with representatives of one (1) representative from the Oklahoma
				Department of Commerce, two (2) representatives from the Council of
				Governments, and two (2) private Certified Grant Administrators. There shall be
				two (2) alternates, one (1) from the Council of Governments and one (1) from
				the private Certified Grant Administrators. The above representatives shall be
				selected by the executive director, president, or equivalent of the named
				organizations.
(c) On the basis of
				the investigative report and the grievance or request for investigation the
				Administrator Responsibility Commission shall determine if a formal
				disciplinary proceeding be commenced by the filing of a formal Grievance Form
				obtained from the Oklahoma Department of Commerce website (
www.okcommerce.gov
). The Administrator
				Responsibility Commission can also find that no formal action be taken, a
				letter of admonishment be written or direct the Division Director to take any
				other action permitted by the contract between the Oklahoma Department of
				Commerce and the general purpose local government.
(d) The complaint will be served on the
				Certified CDBG Administrator who shall have twenty (20) days to respond to the
				complaint.
(e) If a formal hearing
				in conducted, the hearing will be presided by the Administrator Responsibility
				Commission who shall be assisted by legal counsel to be retained by the
				Oklahoma Department of Commerce. The hearing shall be conducted pursuant to the
				provisions of the Oklahoma Administrative Procedures Act.
(f) At the conclusion of the disciplinary
				proceedings the Administrator Responsibility Commission shall present their
				proposed findings of fact and conclusions of law and recommendations to the
				Executive Director of the Oklahoma Department of Commerce.
(g) The Executive Director of the Oklahoma
				Department of Commerce shall issue final findings of fact and conclusions of
				law, impose discipline after considering the proposed findings of fact and
				conclusions of law and recommendations of the Administrator Responsibility
				Commission.
(h) Any person who is
				aggrieved by a decision regarding the imposition of a penalty shall be entitled
				to an administrative appeal pursuant to 75 O.S. 1991, 250 et seq. Oklahoma
				Administrative Procedures Act.
Added at 15 Ok Reg 2937,
				  eff 3-30-98 through 7-14-99 (emergency); Added at 16 Ok Reg 3387, eff
				  8-12-99