SECTION 455:10-7-2. Directed investigation

(a)   General. Upon receipt of a petition for appeal or on its own initiative, the Commissioners or Executive Director may direct that an investigation of any agency's employment practices be conducted. The directed investigation is a method to assist in determining whether or not a violation within the Commission's jurisdiction may have occurred. In conducting investigations, the Commission may exercise any statutory authority and may use all powers not otherwise prohibited.

(b)   Extent. The investigation shall be conducted to the extent necessary to determine whether or not there are reasonable grounds and evidence to believe whether or not the alleged violation(s) may have occurred.

(c)   Requests for information. The Commission may request responses or information from any agency or person. Written responses and information may be required and may be obtained through written questions, interviews or any other methods determined appropriate. The time limit for submission of responses and information may be extended for good cause.

(1)   Failure of an appointing authority, agency representative, or named person to appear, respond or provide requested information may be grounds to believe the alleged violation(s) may have occurred without further review.

(2)   Failure of an appellant, or his or her designated representative, to appear, respond or provide requested information shall be grounds to dismiss the appeal without further review.

(d)   Interviews. Parties and witnesses may be interviewed face-to-face or by telephone to obtain relevant facts and knowledge concerning the issues in dispute. Interviews may be conducted at the Commission office or any other location determined appropriate. A party or witness may have his or her representative in attendance at the interview to act in an advisory role only. The representative shall not have or take an active role in the investigation or interview process.

(1)   The Commission may make a record of the interview session by digital recording. The person being interviewed may also tape record his or her interview session.

(2)   Commission interview recordings shall be confidential pursuant to Section 24A.7(A)(1) of Title 51 of the Oklahoma Statutes. The person interviewed may request a copy of the recording of his or her interview in accordance with OAC 455:10-1-5.

[Source: Amended and renumbered from 455:10-5-3 at 13 Ok Reg 3025, eff 7-15-96; 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]

Note

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 7-15-96, 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.