SECTION 450:1-1-7. Requests for agency public information

  Any person making a request pursuant to 450:1-1-6 shall comply with the following:

(1)   The request must be in writing and may be mailed to Oklahoma Department of Mental Health and Substance Abuse Services, P.O. Box 53277, Oklahoma City, Oklahoma 73152-3277, or sent via facsimile to [phone], or made in person during regular office hours between 8:00 a.m. and 5:00 p.m at 2000 N. Classen, Suite E600, Oklahoma City.

(2)   The request must describe the record(s) requested, be signed by the party making the request, and have the party's mailing address and telephone number.

(3)   Whenever possible, requests shall be made to the division or area of the Department that maintains the records. Requests by attorneys in formal litigation must go through the Legal Division. Requests for personnel records that are not confidential must go through the Human Resources Management Division. Requests for records regarding facilities or programs certified by the Board must be directed to the Provider Certification Division. Requests for records regarding persons or entities contracting with the Department must be directed to the Contracts Division. Requests from the media for records must go through the Communications Division. Requests for records regarding Board meetings must go through the Office of the Commissioner. If the division or area that maintains the records is unknown to the party making the request, the request should be directed to the Legal Division.

(4)   The requesting party shall pay a fee for copies. Said fee shall be twenty-five cents (25¢) per page, twelve dollars ($12.00) per 3½-inch diskette, and $1.00 per page for certified documents. For commercial requests or those that would cause excessive disruption of office function, such as documents that are archived, either internally or with the Oklahoma Archives and Records Commission, a search fee will be charged based upon the hourly rate of the individual(s) searching for, and locating, the requested records.

(5)   Mental health and substance abuse treatment records are confidential and not subject to release by statutes and federal regulations including, but not limited to, 43A O.S. §§ 1-109, 3-313, 3-422 and 3-423; 63 O.S. § 1-1502; and 42 CFR, Part 2.

(6)   Certain ODMHSAS employee personnel records are confidential and not subject to the Oklahoma Open Records Act, including employee evaluations, payroll deductions, applications submitted by persons not hired by ODMHSAS; internal personnel investigations including examination and selection material, employees' home addresses, telephone numbers, and social security numbers, medical and employee assistance records, and other personnel records where disclosure would constitute a clear invasion of privacy. Personnel records information that are subject to release are the application of a person who becomes an employee of the Department, gross receipt of public funds, dates of employment, title or position and any final disciplinary action resulting in loss of pay, suspension, demotion or termination.

(7)   Any other document protected, as confidential, by any Oklahoma or federal law, or Oklahoma or federal administrative rule, or by order of a court of competent jurisdiction, is not subject to the Oklahoma Open Records Act.

[Source: Added at 10 Ok Reg 3087, eff 7-1-93; Amended at 13 Ok Reg 2209, eff 7-1-96; Amended at 14 Ok Reg 1906, eff 5-27-97; Amended at 15 Ok Reg 2741, eff 7-1-98; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346, eff 7-1-02; Amended at 22 Ok Reg 2099, eff 7-1-05; Amended at 23 Ok Reg 1941, eff 7-1-06; Amended at 34 Ok Reg 1771, eff 10-1-17]