SECTION 260:15-1-8. Disagreement with final complaint response

(a)   If a complainant is not satisfied with the final complaint response issued by an agency, a complaint may be refiled with the agency or with the State CIO.

(b)   Whenever a complaint is filed with the State CIO pursuant to this section, a review team will convene to review the complaint and the agency response. Members of this team shall include a representative of the Information Services Division of OMES or a designee; a representative of Oklahoma ABLE Tech and may include additional members with technical expertise needed to determine conformance with the Standards.

(c)   Written notice of receipt of a complaint pursuant to this section shall be sent to the complainant, within ten (10) business days, excluding holidays, from the date the complaint is filed.

(d)   The review team shall evaluate the complaint and the agency response and may gather additional information as necessary to render an independent decision.

(1)   If the review team determines the technology does not comply with IT Accessibility Standards, the team shall send written notice to the agency of such findings and request a plan of resolution including timelines.

(2)   The team shall also send written notice of their findings to the complainant and the agency indicating an agreement or disagreement with the agency's initial complaint response. If the technology in question is out of compliance, the written notice shall also include a copy of the agency's plan for resolution.

(e)   The review team must conclude this review and send the final written notice to the complainant and the agency no later than sixty (60) calendar days from the receipt of the written complaint with OMES.

(f)   Any actions, decisions or individual proceedings that may occur as a result of a formal complaint shall be in accordance with 75 O.S. §250 et seq.

[Source: Added at 23 Ok Reg 3162, eff 9-8-05 through 7-14-06 (emergency); Added at 23 Ok Reg 3211, eff 9-11-06; Amended at 28 Ok Reg 2367, eff 9-11-11; Amended at 30 Ok Reg 1113, eff 7-1-13; Amended at 32 Ok Reg 1749, eff 9-11-15]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the text of the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), the text of Section 260:15-1-8 was no longer effective, and remained as such until added by permanent action on 9-11-06.