ok-2362: Department of Human Services — Administrative Components

Summary

The proposed amendment to Chapter 2, Subchapter 1, Part 5 amends the rules to: (1) allow the Director of Oklahoma Human Services to conduct background checks on any individual who is or may be employed with Oklahoma Department of Human Services (OKDHS); (2) align Human Resources Management Division (HRMD) Oklahoma Administrative Code (OAC) with OKDHS internal policy; and (3) prevent confusion and improve coherence and continuity of existing requirements within OKDHS internal policy. The proposed amendments to Chapter 2, Subchapter 28 are necessary to update, streamline, and improve the rules which delineate, and provide transparency to certain functional aspects of the Office of Administrative Hearings: Child Support's ("OAH's") operations. The administrative rules in Subchapter 28, as referenced, are OAH's administrative court rules. The requested amendments reflect the creation of a new case management system, which changes, expands, and improves OAH court functions. One amendment improves and shortens the docketing deadline from 14-calendar days before the date of hearing to 7-calendar days. Another amendment clarifies the pre-existing rule regarding transcripts being provided by the agency, at agency expense, to a person bringing an appeal, from an OAH order to district court, through an Affidavit in Forma Pauperis procedure by setting standards for a finding of indigency in this context consistent with Oklahoma law and establishing a defined procedure. Another amendment enables audio and video exhibits to be admitted and retained electronically in the court record in the ordinary course, as opposed to the current procedure which, at best, would require a transcript of the recording or for the recording to be presented and preserved in physical media; this amendment opens the door for electronic submission and storage of such exhibits, using a "placeholder document" as a reference or marker within the court record. One amendment increases the methodologies available for the certification of OAH orders, through either electronic or physical means. The proposed amendments to Subchapter 28 amend the rules to: (1) enable audio and video exhibits to be admitted and retained electronically in the court record in the ordinary course; (2) streamline the docketing deadline from 14-calendar days to 7-calendar days; (3) improve clarity and transparency by revising pre-existing rule regarding transcripts being provided by Oklahoma Human Services (OKDHS), at OKDHS expense, to a person bringing an appeal from an Office of Administrative Hearings: Child Support (OAH) order to district court, through an Affidavit in Forma Pauperis procedure by setting standards for a finding of indigency consistent with Oklahoma law and establishing a defined procedure; and (4) increase the methodologies available for the certification of OAH orders, through either electronic or physical means.

The agency’s own summary, as published.