Okla. Admin. Code § 800:1-10-5

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

Section 800:1-10-5 - Review of complaint disposition

The following outlines procedures for review of complaint disposition:

(1)Findings or action. If complainant or employee is not satisfied with the findings or action, complainant or employee may ask to appear before a meeting of a Department Complaint Review Board.

(2)Request for hearing.

(A) If the complainant or employee desires a hearing before the Review Board, he/she shall so indicate in writing to the Director within ten (10) days after receipt of notification of the results of the investigation. If such a request is not received by the Director within that time period, the case will be closed.

(B) If the complainant or employee requests to appear before the Complaint Review Board, the hearing will be held on a date set for the convenience of the members of the Review Board.

(C) A request for a hearing by the review board can be made by majority vote of the Commission based on the summary report of complaints submitted by the Director upon completion of the investigation within thirty (30) days of such notification.

(3)Complaint Review Board. The Membership of the Department Complaint Review Board shall be:

(A) Director, who will serve as the non-voting chairman, appropriate Division Chief and Human Resource Administrator who acts in advisory capacity only.

(B) Three Commissioners selected by the Commission Chairman.

(4)Hearing.

(A) Upon notification by the Director, the Complaint Review Board shall convene at Department Headquarters (or such other location as designated by the Director). The complainant, employee and any witnesses shall be notified of the meeting time and place.

(B) The Chairman will moderate the proceedings, and shall:

(i) Have the flexibility to adopt the hearing to the situation at hand.

(ii) Have the authority to require any party to produce documents for review at the hearing.

(iii) Terminate the hearing because of disruptive behavior or conduct of a party or representative.

(C) It shall be the duty of the members of the Review Board to evaluate the evidence, consider the facts and determine the truth as they view it.

(D) The Board shall call the complainant, the employee(s) involved and other witnesses for the hearing, if necessary. Each party to the appeal may have a representative accompany him or her to the hearing to act in an advisory role only. A representative shall not be allowed to interrogate or question any party, and shall not otherwise have or take an active role in the conference.

(5)Board findings.

(A) Within ten (10) days following a hearing, the Board shall submit a report of the findings of the Board to the Oklahoma Wildlife Commission Chairman. The voting minority members of the Board may submit a dissenting report. One of the following conclusions may be included in the Review Board's report:

(i) Complaint disposition sustained - The allegation is supported by sufficient evidence for a reasonable conclusion of guilt.

(ii) Complaint disposition not sustained - There is insufficient evidence to prove the allegation.

(B) If the Review Board sustains the complaint disposition, the Director may take appropriate action in accordance with Department discipline policy.

(6)Final appeal. The Department Complaint Review Board is the final appeal that may be made by the complainant for Department action.

Okla. Admin. Code § 800:1-10-5

Added at 13 Ok Reg 171, eff 9-21-95 (emergency); Added at 13 Ok Reg 1389, eff 5-13-96

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021