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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 74. STATE GOVERNMENT

  § 74-840-6.6. Violation of employee rights - Appeals - Investigations - Reports - Hearings - Alternative Dispute Resolution - Closing of record.  

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  • A.  Any person who believes that his or her rights under the Oklahoma Personnel Act, Section 840-1.1 et seq. of this title, have been violated may appeal to the Oklahoma Merit Protection Commission for corrective action.

    B.  Excluding the procedures set forth in Section 840-6.5 of this title, the Executive Director shall conduct preliminary investigations of possible violations of the Oklahoma Personnel Act.  The Executive Director shall prepare a report of each such investigation stating the issues and findings of fact.  If it is the determination of the Executive Director that a violation of the Oklahoma Personnel Act or the Merit System of Personnel Administration Rules may have occurred, the Executive Director shall, within ten (10) calendar days after the date of the report, appoint an administrative hearing officer to hear the case or refer the case to the Alternative Dispute Resolution Program, as appropriate and provided for by law.  If the appeal is to be heard by an administrative hearing officer, the Executive Director shall notify the appellant and the appointing authority of the date, time, and place of the hearing in accordance with the provisions of Section 840-6.7 of this title.  Such hearing shall be conducted within thirty-five (35) calendar days of the date of the investigative report unless continued for good cause.  Any continuances shall not exceed a combined total of sixty (60) calendar days except for good cause shown.

    The prehearing conference and hearing shall be conducted in accordance with the provisions of Section 840-6.7 of this title.  If it is determined a violation has occurred, the Commission or  presiding official shall:

    1.  Direct the appointing authority to take the necessary corrective action; or

    2.  Report the finding to the appropriate authorities for further action.

    Corrective action shall be confined to issues submitted for decision and shall be consistent with applicable laws and rules and limited to actions specifically granted to the Oklahoma Merit Protection Commission and presiding official in the Oklahoma Personnel Act and shall not alter, reduce, or modify any existing right or authority as provided by statute or rule.

    C.  The following procedures shall pertain to the closing of a hearing or Alternative Dispute Resolution Program proceeding record:

    1.  When a hearing or Alternative Dispute Resolution Program proceeding is convened, the record will close at the conclusion of the hearing or Alternative Dispute Resolution Program proceeding unless otherwise specified by the presiding official;

    2.  When a hearing or Alternative Dispute Resolution Program proceeding is not convened, the record will close on the date set by the presiding official as the final date for the receipt of submissions of the parties; and

    3.  Once the record is closed, no additional evidence or argument shall be considered except upon a showing that new and material evidence has become available which was not readily available prior to the closing of the record.

Added by Laws 1982, c. 338, § 36, eff. July 1, 1982.  Amended by Laws 1984, c. 242, § 5, operative July 1, 1984; Laws 1986, c. 84, § 8, eff. Nov. 1, 1986; Laws 1986, c. 158, § 21, operative July 1, 1986; Laws 1990, c. 279, § 2, emerg. eff. May 25, 1990; Laws 1992, c. 367, § 8, eff. July 1, 1992.  Renumbered from § 841.15 of this title by Laws 1994, c. 242, § 54.  Amended by Laws 1995, c. 310, § 18, emerg. eff. June 5, 1995.