Statutes

There is hereby established an agency of the executive branch of state government to be known as the Office of Disability Concerns.

The Office of Disability Concerns shall have the following powers and duties:

1. To identify the needs of people with disabilities on a continuing basis and to attempt to meet those needs;
2. To serve as a referral and information source for people with disabilities seeking services and for agencies seeking assistance in their provision of services;
3. To generate community awareness and support of programs for people with disabilities;
4. To advise and assist the Governor and the Legislature in developing policies to meet the needs of people with disabilities; and
5. To assist agencies in meeting the requirements of Public Law 93-112, and subsequent amendments thereto, as the same pertain to people with disabilities.

A. The Office of Disability Concerns shall be administered by a Director who shall be appointed by the Governor and serve at the pleasure of the Governor. Such appointment shall be subject to Senate confirmation within thirty (30) days after the appointment or the convening of the next legislative session, if the Legislature is not in session on the date of appointment.

B. The Director shall and is hereby authorized to appoint and fix the duties and compensation of employees, not otherwise prescribed by law, and otherwise direct the work of the staff in performing the functions and accomplishing the purposes of the Office of Disability Concerns.

The Office of Disability Concerns shall be responsible for the following duties:

1. To carry out the responsibilities of the Governor's Advisory Committee on Employment of People with Disabilities;
2. To provide referral assistance, continuing needs assessment and to advise and assist private and public agencies in statewide policy development concerning people with disabilities; and
3. To implement the provisions of Public Law 93-112, and subsequent amendments thereto, as such pertain to people with disabilities.

The Office of Disability Concerns shall be assisted by the Governor's Advisory Committee on Employment of People with Disabilities and the Governor's Advisory Committee to the Office of Disability Concerns.

The Governor's Advisory Committee to the Office of Disability Concerns shall be composed of forty (40) members who shall be appointed by the Governor. Such members shall serve at the pleasure of the Governor. Twenty of such members shall be people with disabilities or the parents of people with disabilities. All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title.

The Office of Disability Concerns is hereby authorized to make necessary rules and regulations to carry out the provisions of this act.

The office is hereby authorized to conduct the Client Assistance Program for the State of Oklahoma under the terms of Section 112 of the Rehabilitation Act of 1973 as amended as long as federal funds are available. The office is authorized to pursue legal and administrative remedies necessary to operate this program.

All the powers, duties, functions, records, employees, property, matters pending and funds of the Governor's Advisory Committee on Employment of People with Disabilities are hereby transferred to the Office of Disability Concerns.

There is hereby created within the Office of Disability Concerns a division for "The Governor's Advisory Committee on Employment of People with Disabilities".

The purpose of this act is to carry on a continuing program to promote the employment of the physically, mentally, emotionally, and otherwise people with disabilities of Oklahoma by creating statewide interest in the rehabilitation and employment of people with disabilities, and by obtaining and maintaining cooperation with all public and private groups and individuals in this field. The Governor's Committee shall work in close cooperation with the President's Committee on Employment of People with Disabilities to more effectively carry out the purpose of this act, and with state and federal agencies having responsibilities for employment and rehabilitation of people with disabilities.

The Governor's Advisory Committee on Employment of People with Disabilities shall consist of not more than seventy-five (75) members composed of state leaders of industry, business, agriculture, labor, veterans, women, religious, educational, civic, fraternal, welfare, scientific, and medical and other professions, groups or individuals who shall be appointed by the Governor for a term of two (2), four (4)or six (6) years. Vacancies on the Committee shall be filled by the Governor. All members of the Committee traveling on authorized state business may be reimbursed for expenses incurred in such travel in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of this title.

The Governor's Advisory Committee on Employment of People with Disabilities shall elect from its membership, a chair, vice-chair, secretary-treasurer, and eight other members to serve on the executive committee. The officers shall be elected for a term of one (1) year, but may succeed themselves. The administrative powers and duties of the Committee shall be vested in the executive committee. An organizational meeting shall be held within sixty (60) days after fifty members of the Committee have been appointed and qualified. The full Committee shall meet semiannually, but, at the request of the chair or executive committee, special meetings may be called. The executive committee shall meet quarterly, but special meetings may be called by the chair or six members of the executive committee.

There is created in the State Treasury a revolving fund for the Office of Disability Concerns to be designated as the "Office of Disability Concerns Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all nonfederal monies received by the Office of Disability Concerns, including receipts, from any state agency or institution, gifts, contributions, donations and bequests. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Office of Disability Concerns to perform duties as prescribed by law. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

The Office of Disability Concerns shall accept, hold in trust, and authorize the use of any grant or devise of land, or any donations or bequests of money or other personal property made to the Office so long as the terms of the grant, donation, bequest or will are carried out. The Office may invest and reinvest any funds and money, lease, or sell any real or personal property, and invest the proceeds for the purpose of promoting the well-being of people with disabilities unless prohibited by the terms of the grant, donation, bequest, gift, or will. If, due to circumstances, the requests of the person or persons making the grant, donation, bequest, gift, or will cannot be carried out, the Office shall have the authority to use the remainder thereof for the purposes of this act. Said funds shall be deposited to the revolving fund to carry out the provisions of this act. Such gifts, donations, bequests, or grants shall be exempt for tax purposes. The Office shall report annually to the Governor all monies and properties received and expended by virtue of this section.

The Governor's Advisory Committee on Employment of People with Disabilities shall be nonpartisan, nonprofit, and shall not be used for the dissemination of partisan principles, nor for the promotion of the candidacy of any person seeking public office or preferment.

Purpose

The rules of this Chapter have been adopted to comply with the provisions of the Administrative Procedures Act, Sections 302,305 and 307 of Title 75 of the Oklahoma Statutes. They concern the organization, powers, duties, operations and procedures of the agency with respect to its administration, rulemaking, individual proceedings, and other activities.

Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Director" means the person appointed by the Governor to administer the Office of Disability Concerns.

"Governor's Advisory Committee to the Office of Disability Concerns" means the purpose of this advisory committee shall be to assist the Director of Disability Concerns in the formation, development and implementation of the purposes and programs of the office.

"Governor's Advisory Committee on Employment of People with Disabilities" means the purpose of this committee is to carry on a continuing program to encourage the employment of the physically, mentally, emotionally, and otherwise people with disabilities of Oklahoma by creating statewide interest in the rehabilitation and employment of people with disabilities, and by obtaining and maintaining cooperation with all public and private groups and individuals in this field. The Governor's committee shall work in close cooperation with the President's committee on employment of people with disabilities to more effectively carry out the purpose of this act, and with state and federal agencies having responsibilities for employment and rehabilitation of people with disabilities.

"Office of Disability Concerns" means the Office of Disability Concerns is an independent state agency whose purpose is to help state government develop policies and services that meet the needs of Oklahomans with disabilities. The Office of Disability Concerns serves as a resource to disabled people who want to present their views and recommendations to the Governor, the state legislature and state agencies. The agency provides such services as but not limited to information and referral, technical assistance, employment development and advocacy. A full list of services provided by the agency will be provided by contacting the Director of the Office of Disability Concerns.

Organization, powers and duties

(a) Statutory basis. The Office of Disability Concerns was created pursuant to Section 92.1 of Title 74 of the Oklahoma Statutes.

(b) Powers, authority and duties. The powers, authority and duties of the Office of Disability Concerns are set forth in Section 9.22 and 9.24 of Title 74 of the Oklahoma Statutes.

(c) The Director. The Director shall be responsible for coordinating the Office of Disability Concerns, the Governor's Advisory Committee for the Office of Disability Concerns and the Governor's Advisory Committee on Employment of People with Disabilities. The advisory committees shall comply with the requirements of the Oklahoma Meeting Act.

(d) Client Assistance Program. The Office of Disability Concerns will conduct the Client Assistance Program for the State of Oklahoma in accordance with the rules and regulations cited in the federal Rehabilitation Act of 1973 as amended by the Rehabilitation Act Amendments of 1992, Section 112.

General course and method of operations.

(a) Official Office. The Office of Disability Concerns' office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

(b) Transaction of business with the Agency by the public. Members of the public desiring to contact, make inquiries, submissions, or seek services may do so in person or by telephone with the Office of Disability Concerns during normal business hours of the Agency.

(c) Open Records. Subject to state and federal laws all files, records, minutes, rules and reports are available for public inspection in the Office of Disability Concerns. Any persons desiring information available to the public as specified in the Open Records Act may submit a written request to the Office of Disability Concerns. The Director shall charge the following fees: for document copying, twenty five cents per page for documents having the dimensions of eight and one half by fourteen inches or smaller. If the search request is solely for commercial purposes, or the search would cause, in the Director's judgment, excessive disruption of the Office's essential functions, the Office shall charge a fee to cover the direct cost of the document search. This fee shall be calculated as the hourly rate of the lowest-paid person in the Office who is qualified to conduct the search. Pursuant to Section 24A.5 (3) of Title 51 of the Oklahoma Statutes, a written schedule of the above fees shall be posted at the Office of Disability Concerns, and is also available with the County Clerk of Oklahoma County.

Purpose

The Client Assistance Program is a federally funded program the purpose of which is designed to inform and advise clients of their rights and responsibilities under the federal Rehabilitation Act and Title I of the Americans with Disabilities Act of 1990; assist clients in communicating their concerns to the rehabilitative and visual services counselor and other providers of rehabilitation services; and assist clients on request in the appeals and fair hearing process in accordance with the rules and regulations cited in the federal Rehabilitation Act of 1973 as amended by the Rehabilitation Amendments of 1992, Section 112.

Transaction of Business with Client Assistance Program with public

Members of the public desiring to contact, make inquiries, submissions, or seek services may do so in person or by telephone with the Client Assistance Program during normal business hours of the Agency. {Source: Added at 15 Ok Reg 1508, eff 7-1-98}

Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"A Fair Hearing" means a hearing (preceded by reasonable notice and opportunity for the individual (or that individual's representative) to review the allegations which are the subject of the hearing) at which the individual shall have the right: question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witness; present witnesses in the individual's behalf; present an argument without undue interference; be notified of a decision by an unbiased decision maker which establishes all pertinent facts and circumstances and is based on the record with a statement of reasons for the decision. (Source: Added at 15 Ok Reg 1508, eff 7-1-98)