Okla. Admin. Code § 735:1-1-7

Current through Vol. 42, No. 8, January 2, 2025

Section 735:1-1-7 - Records

(a)Records retention and disposition. OST keeps documents for at least the minimum time required by state and federal laws that pertain to archives and records. This varies depending on the type of document. OST has its records disposition schedules available for inspection.

(b)Confidential and open records.

(1) Many records in OST are available for public inspection and release, but some are not. The records that are not available for general public access may include records described as confidential in this Section or in other Chapters in this Title, and other records that laws require or permit OST to keep confidential. OST normally keeps the following records confidential but may choose, in some cases, to make them public if law permits it.

(A) State employees' home addresses, home telephone numbers and social security numbers [51:24A.7(D)];

(B) Records which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation [51:24A.7(A)(1)];

(C) Employee evaluations, payroll deductions, employment applications not resulting in a person being hired by the state, and other records that would result in a clearly unwarranted invasion of personal privacy if they were disclosed [51:24A.7(A)(2)];

(D) Before taking action, personal notes and personally created materials (other than OST's budget request) prepared by OST staff as an aid to memory [51:24A.9];

(E) Before taking action, research material leading to the adoption of a policy or the implementation of a project [51:24A.9];

(F) Records coming into the possession of OST from the federal government or records generated or gathered as a result of federal legislation may be kept confidential to the extent required by federal law [51:24A.13]; and

(G) Documents, such as medical records and records protected by the attorney-client privilege, that are exempt from the Oklahoma Open Records Act or are specifically required or permitted by law to be kept confidential.

(2) All records that are not confidential are open for public inspection and copying. Examples of open records include:

(A) Employment applications that result in persons becoming state officials or employees [51:24A.7(B)(1); 51:24A.3(4)];

(B) Gross receipts of public funds [51:24A.7(B)(3)];

(C) Dates of an individual's employment with the state and his or her job title [51:24A.7(b)(3)]; and

(D) Any final disciplinary action resulting in loss of pay, suspension, demotion of position or discharge [51:24A.7(B)(4)].

(c)Inspection and release of records.

(1) People may inspect and copy records during OST's regular business hours according to OST's procedures. The procedures protect the integrity and organization of the records and prevent excessive disruption of OST's essential functions [51:24A.5(5)].

(2) The Treasurer may give officers and employees of the state or federal government acting in their official capacities access to confidential records, when such disclosure is authorized by law.

(3) Each person shall have access to his or her own records in OST unless it is against the law [51:24A.7(C)].

(d)Copying fees. OST staff shall only charge fees that are consistent with Section 24A.5 of Title 51 of the Oklahoma statutes.

Okla. Admin. Code § 735:1-1-7

Added at 13 Ok Reg 1579, eff 4-2-96 (emergency); Added at 13 Ok Reg 3337, eff 7-25-96