SECTION 150:15-9-7. Process to impose penalties

(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.

[Source: 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; Amended at 33 Ok Reg 1281, eff 9-11-16]