SECTION 260:30-5-2. Complaints

(a)   A complaint with regard to any matter relating to the administration of Section 7.10 may be made to the Administrator. A complaint shall be in writing and signed in accordance with the rules in this Chapter. Except as may be provided elsewhere by the rules in this Chapter, no particular form is required. A complaint shall include the following:

(1)   the name and address and organizational affiliation, if any, of the complainant, and the title of any representative filing the complaint; and

(2)   a clear and concise statement of the nature of the complaint, including such facts, names, citations of law and administrative rules that may be relevant to the matter, and the remedy, if any, requested.

(b)   The Administrator will acknowledge receipt of the complaint within 15 days of date of receipt. If the complaint is repetitive, concerns a matter that has previously been resolved, or concerns a matter beyond the Administrator's scope of authority, the complaint may be rejected and the complainant so advised.

(c)   If a complaint names or will directly, materially and adversely affect another party, the Administrator shall provide the other party with written notice and afford such party an opportunity to respond in writing to the complaint. Any response must be filed with the Human Capital Management Division of the Office of Management and Enterprise Services within 15 days after the date notice was mailed. The response must contain all of the following elements:

(1)   A specific admission, denial, or explanation of each allegation of the complaint, or, if the respondent is without knowledge thereof, respondent shall so state and that statement shall constitute a denial. Admissions and denials may be made to all or part of the allegation, but shall fairly meet the substance of the allegation;

(2)   A specific and appropriately detailed statement of any affirmative defense; and

(3)   A clear and concise statement of the facts and matters of law relied upon constituting any grounds of defense.

(d)   The Administrator will consider a complaint and issue a decision within 30 days after receipt, unless additional time is deemed necessary in which event the complainant will be so advised and given the reasons therefore. Unless the Administrator determines a hearing is necessary to receive additional information and so orders, his decision will be based solely upon the complaint, any responses to the complaint, accompanying information and evidence, and records in the Administrator's custody or control.

(e)   Complaints may be informally settled by stipulation, agreed settlement, consent order, default, or by any other method agreed upon by the parties in writing.

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