Library: Policy

OKDHS:2-7-6. Civil process

Revised 12-15-17

(a) Policy.The Oklahoma Department of Human Services (DHS) Office of Inspector General (OIG) commissioned agents promptly and accurately serve civil and administrative process documents, civil arrest warrants, and inspector general subpoenas, when required.

(b) Definitions.The following words and terms, when used in this Section, shall have the following meanings unless the text clearly indicates otherwise:

(1) "Administrative process" means documents issuing from DHS supervisors, administrators, and attorneys pertaining to a cause of action related to a DHS employee.

(2) "Civil process" means writs, summonses, mandates, or other documents issuing from a court of law or equity pertaining to a cause of action of a civil nature.

(3) "Inspector general subpoena" means a subpoena for records, or other tangible things, approved by DHS Legal Services and issued by the inspector general.

(c) Service of civil process and inspector general subpoenas.

(1) Only commissioned agents are authorized to serve civil process documents, civil arrest warrants, and inspector general subpoenas.

(2) A commissioned agent may serve all types of civil process documents and inspector general subpoenas in any manner authorized by Sections 2004 and 2004.1 of Title 12 of the Oklahoma Statutes (12 O.S. §§ 2004 and 2004.1) and 56 O.S. § 167.2.

(d) Service of administrative process.At the inspector general's direction, a commissioned agent may serve administrative process documents in any manner referenced in (c)(2) of this Section.

(e) Reporting.

(1) For each civil or administrative process document or inspector general subpoena served by OIG, the agent includes certain information, when known, in a unique entry on the OIG control database.Such information includes, the:

(A) date and time the document was received;

(B) type of process;

(C) nature of the document;

(D) source of the document;

(E) name of the party served;

(F) name of the agent assigned to perform the service;

(G) date of the assignment;

(H) court docket number; and

(I) date service is due.

(2) When service of a civil or administrative process document or inspector general subpoena is attempted or completed, the agent updates the original OIG control database entry.Updated information includes, the:

(A) date and time service was completed or attempted;

(B) name of the agent completing or attempting service;

(C) name of the person on whom legal process was served;

(D) method of service or the reason service was not completed; and

(E) address where service was completed or attempted.