Library: Policy

DHS:2-25-2. Definitions

Revised 6-24-19

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

     "Action" means any proceeding in a court of competent jurisdiction by which one party brings a suit against another, as defined by the Oklahoma Governmental Tort Claims Act, per Section 152(1) of Title 51 of the Oklahoma Statutes (51 O.S. § 152(1).

     "Claim" means any written demand presented by an individual or his or her authorized representative to recover money or to obtain other relief for an act or omission of the Oklahoma Department of Human Services (DHS) or its officials and employees, as defined by the Oklahoma Governmental Tort Claims Act, per 51 O.S. § 152(4).

     "Declaratory relief" means a court order that attempts to define what was uncertain or doubtful.

     "Governmental Tort Claims Act" refers to 51 O.S. §§ 151 et seq. and means an Act passed by the state legislature in l985 adopting the doctrine of sovereign immunity and making the state of Oklahoma liable only to the extent the Act specifically waives its immunity.

     "Injunctive relief" means a court order that directs the agency to perform or to refrain from performing certain acts.

     "Lawsuit" see "Action."

     "Privileged communication" means communications passing between persons who stand in a confidential or fiduciary relation to each other, which the law will not permit to be divulged or allow them to inquire into in a court of justice, for the sake of public policy and the good order of society.

     "Scope of employment" means as defined for purposes of this policy exactly as it is defined in the Oklahoma Governmental Tort Claims Act.