SECTION 455:10-1-2. Definitions

  The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Addendum decision" or "Addendum order" means a decision or order to add to a previously issued decision or order.

"Administrative Law Judge" means a person appointed by the Executive Director and empowered to preside over prehearing conferences and hearings with power to administer oaths, take testimony, rule on questions of evidence and make final and addendum decisions.

"Adverse action appeal" means an appeal by a permanent classified employee appealing a discharge, suspension without pay or involuntary demotion.

"Affidavit" means a sworn statement, made voluntarily, and taken before a person with authority to administer an oath or affirmation.

"Affidavit of service" means a written statement certifying that a motion, request or other document has been provided to other persons.

"Allegation" means the claims of a party.

"Allege" means to state, assert or charge; to make an allegation.

"Alleged violation appeal" means an appeal in which an allegation is made that a violation of law or rules over which the Commission has jurisdiction has occurred.

"Appeal" means, as a verb, the filing of a petition for appeal, or as a noun, the procedure that takes place after a petition for appeal is filed.

"Appellant" means a party who files a petition for appeal.

"Appellee" means a party against whom an appeal is filed or who is otherwise named or joined as a party.

"Burden of proof" means the obligation of a party to establish alleged fact(s) by a preponderance of evidence.

"Caucus" means a private meeting between an Alternative Dispute Resolution Program facilitator and a party for the purpose of assisting in the resolution of a dispute.

"Commission" means the Oklahoma Merit Protection Commission.

"Commissioners" means the members appointed to the Oklahoma Merit Protection Commission.

"Consolidation" means the combining of appeals containing the same or similar issues but filed by 2 or more appellants into a single appeal.

"Continuance" means a postponement of a matter scheduled by the Commission to a date certain.

"Cross-examination" means the questioning of a witness by a party other than the party calling the witness.

"Deny" means to refuse to grant or accept.

"Deposition" means a method where the sworn testimony of a person is taken. The person who answers the questions is said to be deposed.

"Determination of the Executive Director" means a document which states the issues, findings of fact, conclusions of law and disposition of an appeal.

"Direct-examination" means the questioning of a witness by the party calling the witness.

"Discovery" means to obtain relevant facts and information about the appeal from another party or person.

"Dismiss" means to close without further consideration.

"Employee" or "State employee" means an elected or appointed officer or employee of an agency unless otherwise indicated [74:840-1.3(2)].

"Evidence" means relevant documents or testimony offered to prove or disprove the existence or non-existence of a fact.

"Ex-parte communication" means communications by anyone with a presiding official on the merits of an appeal which could affect its outcome.

"Executive Director" means the appointing authority of the Oklahoma Merit Protection Commission [74:840-1.3(31)].

"Exhibit" means items offered as evidence.

"Expert" means a person knowledgeable in a specialized field, that knowledge being obtained from either education or personal experience.

"Filing" means posting on the on-line filing system, or the receipt of documents by the Commission.

"Final decision" means a determination made by a presiding official after considering the merits, testimony and evidence of an appeal. Final decision also refers to a determination made by the Executive Director to dismiss an appeal.

"Grant" means to give or permit.

"Hearing" means an open, formal proceeding conducted by an Administrative Law Judge, Executive Director or Commissioners to decide an appeal. The proceeding is to provide each party with an opportunity to present evidence in support of their side of the case. The hearing is governed by the Oklahoma Administrative Procedures Act, Sections 309 through 316 of Title 75 of the Oklahoma Statutes.

"Interrogatories" means written questions given to a party or witness. The answers are made in writing under oath.

"Intervenor" means a person or agency permitted to voluntarily enter an appeal as a party.

"Investigative report" means a written account of an investigation to assist the Executive Director in determining whether or not a violation within the Commission's jurisdiction may have occurred.

"Issue" means a disputed point or question on which the parties to an appeal seek a resolution.

"Joinder" means the combining of 2 or more appeals of one appellant.

"Jurisdiction" means the authority of the Commission to complete its duties and responsibilities.

"Jurisdictional limitations" means the statutory restrictions on the scope, time limits, and type of appeals which may be considered by the Commission.

"Merit Rules" or "Merit Rules for Employment" means the merit system of personnel administration rules. The merit rules include both the rules in this chapter as adopted by the Merit Protection Commission and the rules in OAC 260 as adopted by the Administrator of the Human Capital Management Division.

"Moot" means no longer in dispute because issues have already been decided or when rendered, a decision could not have any practical effect on the existing dispute.

"Motion" means a request for a ruling to be made by a presiding official or the Commissioners.

"Not sustain" means to deny a request; to deny an appeal.

"On-line Filing System" means a secure, paperless, electronic management filing tool utilized by the Commission for the processing of agency transactions designed to enhance agency operation by increasing availability, reliability, transparency and efficiency.

"Order" means a command or directive given by a presiding official, Executive Director or Commissioners.

"Party" means an Appellant, Appellee or Intervenor.

"Payroll claim protest" means a protest in which an employee challenges the decision that an overpayment or underpayment of salary has been made or a protest of the amount of the alleged overpayment or underpayment.

"Petition for Appeal" means the form adopted by the Commission for the filing of an appeal.

"Petition for Reconsideration, Rehearing or Reopening" means a document filed after the final decision on an appeal has been made requesting that the Commissioners rehear, reopen or reconsider the case based on specific grounds as outlined in Section 317 of Title 75 of the Oklahoma Statutes.

"Prehearing conference" means a proceeding conducted by an Administrative Law Judge or Executive Director with the parties to identify the issues, documents, witnesses and motions which will guide the Administrative Law Judge or Executive Director in the conduct of the hearing.

"Preponderance of evidence" means information or evidence which is more convincing or believable than the information or evidence offered in opposition.

"Presiding official" means the Executive Director or a person appointed by the Executive Director to serve the Commission in the capacity of Administrative Law Judge, mediator or other Alternative Dispute Resolution Program arbitrator or facilitator.

"Prima facie case" means a case which on its face is presumed to be true and will prevail until contradicted and overcome by other evidence.

"Protective order" means a directive issued to protect a party or witness from annoyance, embarrassment, oppression or undue burden or expense.

"Quash" means to annul or make void.

"Relevant" means directly related to the issue or issues being examined.

"Remedy" means corrective action sought by or afforded to a party.

"Representative" means the designated agent of record, identified in the petition for appeal or through an entry of appearance or other written means, acting on behalf of a party.

"Stipulation" means a voluntary admission of fact.

"Subpoena" means an order to appear at a certain time and place to give testimony.

"Subpoena Duces Tecum" means an order requiring the production of books, papers and other documents.

"Summary judgment" means a request or decision on issues where there is no dispute of material fact.

"Sustain" means to grant a request; to grant an appeal.

"Testimony" means statements given by a witness under oath or affirmation.

"Violation" means a breach of any law or rule over which the Commission has jurisdiction.

[Source: Amended at 10 Ok Reg 657, eff 1-1-93 through 7-14-93 (emergency); Amended at 13 Ok Reg 3025, eff 7-15-96; Amended at 19 Ok Reg 2376, eff 7-1-02; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency); Amended at 26 Ok Reg 2690, eff 7-25-09; Amended at 33 Ok Reg 1756, eff 9-11-16]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-93 (after the 7-14-93 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text as it existed prior to 1-1-93, and remained as such until amended again by permanent action on 7-15-96.

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-1-02, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.