Okla. Admin. Code § 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.
Notes
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