SECTION 260:25-29-35. Complaints

(a)   Anyone may complain to the Administrator about any matter under his or her authority. A complaint shall be in writing, and it shall include the following information.

(1)   The name, address and telephone number of the person making the complaint;

(2)   The name, address and telephone number of the organization the person represents, if applicable;

(3)   The name, address, telephone number and title of any representative of the person filing the complaint;

(4)   A brief, clear description of each charge, problem or issue that is the basis for the complaint including names, dates, places and actions;

(5)   The numbers and headings of the laws and rules that may apply;

(6)   The remedy, if any, the person making the complaint seeks;

(7)   The signature of the person making the complaint; and

(8)   The date.

(b)   If the complaint is repetitive, concerns a matter that has already been resolved, or a matter outside the Administrator's authority, the Administrator may reject the complaint.

(c)   The Administrator may provide others with written notice of the complaint and give them an opportunity to respond in writing within 15 days. The response must contain all of the following information.

(1)   The name, address and telephone number of the person responding;

(2)   The name, address and telephone number of the organization the person represents, if applicable;

(3)   The name, address, telephone number and title of any representative of the person responding;

(4)   A specific admission, denial or explanation of each charge;

(5)   A brief, clear description of the facts including names, dates, places and actions;

(6)   A brief, clear explanation of the reasons for the action (or inaction) that is the basis for the complaint if the person admits to any charge;

(7)   The numbers and headings of the laws and rules that may apply;

(8)   The signature of the person responding; and

(9)   The date.

(d)   The Administrator may refer complaints to informal procedures, such as telephone calls, letters, meetings, mediation, investigations or other appropriate procedures.

(e)   Unless the Administrator finds a formal hearing (individual proceeding) is necessary none will be conducted.

(f)   The Administrator shall make a decision about a complaint within 60 days after its receipt, unless the Administrator needs more time. In that case, HCM shall notify the person filing the complaint and persons filing any responses to the complaint.

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