SECTION 260:25-29-14. Records

(a)   Records retention and disposition. HCM keeps documents for at least the minimum time required by state and federal laws that pertain to archives and records. This varies depending on the type of document. HCM has its records disposition schedules available for inspection.

(b)   Removal of documents.

(1)   Before the effective date of a document, the Administrator may approve a written request from a person, an agency, or party that has filed the document to revise, replace, or withdraw it.

(2)   After the effective date of a document, the Administrator may allow it to be removed on the order of a court or when an employing agency (that created the document) and the employee (affected by the document) both file a written request for its removal. This removal would usually be part of the resolution of an appeal to the Oklahoma Merit Protection Commission or an internal agency grievance.

(c)   Confidential and open records.

(1)   Most records in HCM are available for public inspection and release, butsome are not. The records that are not available for general public access may include records described as confidential in this Section or in other Chapters in this Title, and other records that laws require or permit HCM to keep confidential. The Administrator normally keeps the following records confidential but may choose, in some cases, to make them public if law permits it.

(A)   State employees' home addresses, home telephone numbers and social security numbers [74:841.6A].

(B)   Records which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment,promotion, demotion, discipline, or resignation [51:24A.7(A)(1)];

(C)   Employee evaluations, payroll deductions, employment applications not resulting in a person being hired by the state, and other records that would result in a clearly unwarranted invasion of personal privacy if they were disclosed [51:24A.7(A)(2)];

(D)   Before taking action, personal notes and personally created materials (other than HCM's budget request) prepared by HCM staff as an aid to memory [51:24A.9];

(E)   Before taking action, research material leading to the adoption of a policy or the implementation of a project [51:24A.9];

(F)   Records coming into the possession of HCM from the federal government or records generated or gathered as a result of federal legislation may be kept confidential to the extent required by federal law [51:24A.13]; and

(G)   Documents, such as medical records and records protected by the attorney-client privilege, that are exempt from the Oklahoma Open Records Act or are specifically required or permitted by law to be kept confidential;

(2)   All records that are not confidential are open for public inspection and copying. Examples of open records include:

(A)   Employment applications that result in persons becoming state officials or employees [51:24A.7(B)(1); 51:24A.3(4)];

(B)   Gross receipts of public funds [51:24A.7(B)(2)];

(C)   Dates of an individual's employment with the state and his or her job title [51:24A.7(B)(3)]; and

(D)   Any final disciplinary action resulting in loss of pay, suspension, demotion of position or discharge [51:24A.7(B)(4)].

(d)   Inspection and release of records.

(1)   Individuals may inspect and copy records during HCM's regular business hours according to HCM's procedures, which protect the integrity and organization of the records and prevent excessive disruption of HCM's essential functions [51:24A.5(5)]. An individual seeking to inspect, copy, or otherwise reproduce records shall complete a form prescribed by the Administrator, which requests the name, address, and telephone number of the individual. The form also requests information concerning the intended use and purpose of all intended uses of the requested materials for the purpose of determining whether a search fee will be charged. Individuals requesting access to HCM records shall provide sufficient advance notice to prevent the unnecessary disruption of essential HCM functions; appointments are preferred.

(2)   The Administrator may give officers and employees of the state or federal government acting in their official capacities access to confidential records.

(3)   Each person shall have access to his or her own records in HCM unless it is against the law [51:24A.7(C)].

(e)   The Administrator shall only charge fees that are consistent with Section 24A.5 of Title 51 of the Oklahoma Statutes. A reasonable search fee may be charged to recover the direct costs of document searches, if the request is solely for commercial purposes or would cause disruption of HCM's essential functions:

(1)   Fee for paper photocopies-$0.25 per copy.

(2)   The search fee shall be determined by multiplying the number of hours required to complete the search by the hourly rate of pay of the HCM employee conducting the search.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14]