SECTION 340:2-3-12. Disciplinary options regarding Oklahoma Department of Human Services (OKDHS) employees

(a)   Application. This Section applies to a final finding in an administrative investigation conducted by the Office of Client Advocacy (OCA) per OAC 340:2-3-32 through 340:2-3-37 that an OKDHS employee engaged in abuse, sexual abuse, neglect, verbal abuse, caretaker misconduct, or exploitation. A finding is final when:

(1)   OCA has disseminated its final report and the time for requesting review by the Grievance and Abuse Review Committee (GARC) per OAC 340:2-3-62(b) expired without OCA receipt of a timely request; or

(2)   a timely request for GARC review was received and processed to conclusion per OAC 340:2-3-62.

(b)   Supplemental investigations.

(1)   Upon receipt of an OCA investigation report, when the applicable state office administrator or designee determines a need for specific additional information necessary to make a determination whether to request review by GARC or what personnel action to initiate, the state office administrator or designee may request OCA conduct a supplemental investigation.

(A)   A request for a supplemental investigation is made within 30 calendar days of receipt of the OCA report and sets out the specific information needed.

(B)   No more than one such request may be made in an individual case.

(C)   OCA conducts a prompt supplemental investigation, commencing the investigation within 30 calendar days and completing the investigation within 60 calendar days of receipt of a request for a supplemental investigation, unless these time periods are extended for good cause as determined by the advocate general or the OKDHS Director.

(2)   Within 30 calendar days of receipt of the OCA supplemental investigation, the state office administrator or designee may request the case be submitted to GARC per OAC 340:2-3-62.

(c)   Disciplinary guidelines regarding OKDHS employees. These guidelines are used by state office administrators and their designees to determine appropriate OKDHS personnel action, based on the nature of the abuse, sexual abuse, neglect, caretaker misconduct, or exploitation and consistent with OKDHS corrective discipline policies.

(1)   Abuse, sexual abuse, or neglect.

(A)   First offense. The first offense may result in discharge, demotion, suspension without pay, or such other discipline deemed reasonable, depending on the severity of the incident.

(B)   Second offense. Unless the OKDHS Director approves a less severe disciplinary action, the second offense results in discharge.

(2)   Caretaker misconduct resulting in physical injury or mental anguish to a vulnerable adult.

(A)   First offense. The first offense may result in discharge, demotion, suspension without pay, or written reprimand, depending on the severity of the incident.

(B)   Second offense. The second offense may result in discharge, demotion, or suspension without pay.

(3)   Caretaker misconduct not resulting in physical injury or mental anguish to a vulnerable adult.

(A)   First offense. The first offense may result in suspension without pay, written reprimand, verbal reprimand, or corrective action plan, depending on the severity of the incident.

(B)   Second offense. The second offense may result in discharge, demotion, suspension without pay, or written reprimand and corrective action plan.

(4)   Second offense. The term second offense as used in this Section means an offense occurring after any other act of abuse, neglect, or caretaker misconduct. Nothing in this Section limits disciplinary actions based in part on acts of abuse, neglect, or caretaker misconduct and based in part on other cause. The imposition of any demotion, suspension without pay, or reprimand must be accompanied by a corrective action plan.

[Source: Amended at 11 Ok Reg 4461, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1387, eff 5-26-95; Amended at 18 Ok Reg 3435, eff 7-1-01 (emergency); Amended at 19 Ok Reg 1117, eff 5-13-02; Amended at 20 Ok Reg 1994, eff 7-1-03; Amended at 21 Ok Reg 2330, eff 6-25-04; Amended at 30 Ok Reg 597, eff 7-1-13]