Okla. Admin. Code § 720:1-1-6

Current through Vol. 42, No. 4, November 1, 2024

Section 720:1-1-6 - Procedures for handling complaints against publishers

(a) When violations of the Textbook Law or Rules and Regulations of the State Textbook Committee by publishers or publishing company representatives are brought to the attention of the State Textbook Committee, the Committee may conduct an investigation in its own behalf or request investigation by appropriate individuals or agencies. The choice of an investigative mode shall be made at the discretion of the Committee.

(b) At the point at which any complaint and/or investigation is resolved, the Committee shall inform the complainant of the disposition of the matter as well as the supporting rationale.

(c) The procedures for investigation of complaints against a publisher or publishing company representative are:

(1) The investigation of a complaint about a publisher or publishing representative, whether the complaint be made by the State Textbook Committee or by other complainants, may be initiated only when the complaint is in writing, signed, and filed with the Committee. The complaint must contain a brief statement setting forth the allegations of fact and naming the publisher or publishing company representative against whom the complaint is filed. This written complaint provides the basis for appointment by the Committee of an investigator for the case.

(2) In all matters of complaints or inquiries, the State Textbook Committee shall require the complaint or inquiry to be signed and in writing. However, alleged violations of the Textbook Law or Rules and Regulations of the State Textbook Committee which can be independently verified by the Committee may not require written complaint

(3) The State Textbook Committee shall select a member or other qualified individual to receive, review, and investigate all complaints against a publisher or publishing company representative. This selection shall be by majority vote of the Committee or by appointment of the chairperson.

(4) The State Textbook Committee member receiving the complaint and/or conducting the investigation shall not vote on matters relating to the case.

(5) The Committee member or other individual authorized to receive and investigate complaints shall gather all necessary information to present to the Committee in open meeting to adequately advise the Committee of the complaint. The investigation may include interviews with the complaining witness, the representative of the publishing company complained against, and others as appropriate.

(6) The investigator's report will be presented at an open meeting of the State Textbook Committee. The complainant and the representative of the publishing company will be given prior notification by mail of the date, time, and place of that meeting. During the investigator's report, no questions will be posed by or to the publisher representative or the complaining witness. If requested by the Committee, the investigator may make a recommendation regarding disposition of the case.

(7) If the basis of the complaint, or the circumstances of the alleged violation, or the findings of the investigator, or a combination of these, leads the Committee to decide not to pursue further the allegations, the Committee may dismiss the complaint by an approving vote of a majority of the members present in open meeting.

Okla. Admin. Code § 720:1-1-6

Added at 11 Ok Reg 927, eff 12-23-93 (emergency); Added at 11 Ok Reg 3551, eff 6-27-94