COMMENT DUE DATE:
March 3, 2017
DATE:
February 1, 2017
Travis Smith, Legal Services 405-521-3638
Dena Thayer, Programs Administrator 405-521-4326
RE:
APA WF 17-02
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.
SUBJECT:CHAPTER 2. ADMINISTRATIVE SERVICES
Subchapter 28. Office of Administrative Hearings:Child Support
OAC 340:2-28-57 [NEW]
(Reference WF 17-02)
SUMMARY:The proposed rule authorizes certification of administrative orders through electronic or digital means, in addition to physical or handwritten means, and provides that orders bearing electronic or digital signatures by the administrative law judge (ALJ) are deemed certified.The proposed rule provides a formal mechanism by which orders entered by the Office of Administrative Hearings:Child Support may be "certified," and therefore filed in Oklahoma's county district courts and facilitates the registration of those orders for enforcement or modification in other states and foreign countries.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Sections 162 and 237.9a of Title 56 of the Oklahoma Statutes; and OAC 340:2-28.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Ron Baze, General Counsel
Date:January 3, 2017
Re:CHAPTER 2. ADMINISTRATIVE SERVICES
Subchapter 28. Office of Administrative Hearings:Child Support
OAC 340:2-28-57 [NEW]
(Reference WF 17-02)
Contact:Travis Smith 405-521-3638
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed rule authorizes certification of administrative orders through electronic or digital means, in addition to physical or handwritten means, and provides that orders bearing electronic or digital signatures by the administrative law judge (ALJ) are deemed certified.The proposed rule provides a formal mechanism by which orders entered by the Office of Administrative Hearings:Child Support may be "certified," and therefore filed in Oklahoma's county district courts and facilitates the registration of those orders for enforcement or modification in other states and foreign countries.
Strategic Plan Impact.
The proposed rule formalizes current Office of Administrative Hearings:Child Support certification practices and procedures and provides a new methodology for certification of orders.This rule creates a time-efficient certification process for orders presented and approved in electronic format.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:2-28-57 is created to:(1) formalize the current certification practices and procedures of the Office of Administrative Hearings: Child Support; and (2) provide a new methodology for certification of certain orders.
Reasons.
The proposed rule formalizes the current certification practices and procedures of the Office of Administrative Hearings:Child Support, as part of this administrative court's court rules.The proposed rule brings the practice of certification of orders into line with ongoing process improvements within the Office of Administrative Hearings:Child Support.Specifically, in addition to the filing of electronic pleadings, maintaining digital court records, and utilizing computerized dockets and docketing systems, the Office of Administrative Hearings:Child Support is now approving orders in digital format and the proposed rule provides for a new methodology for certification of such digital or electronic orders-the "deeming" of orders as certified automatically upon the application of an ALJ's digital or electronic signature.In particular, this rule creates a faster, more efficient certification process regarding orders presented and approved in electronic format.
Repercussions.
No negative repercussions have been identified.
Legal authority.
Director of Human Services; Sections 162 and 237.9a of Title 56 of the Oklahoma Statutes; and OAC 340:2-28.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons mostly affected are DHS Child Support Services, child support obligors, and custodial persons to whom child support is to be paid.There are no identifiable costs associated with the proposed rule.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of person who will benefit are Oklahoma Department of Human Services (DHS) Child Support Services staff, child support obligors, and custodial persons to whom child support is to be paid.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: There are no identifiable costs associated with the proposed rule and no fee changes.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:There are no identifiable costs associated with the proposed rule.The benefit to DHS and the classes of all affected persons is that digital or electronic orders will be "certified" automatically upon the application of an ALJ's digital or electronic signature, creating a time efficiency from which DHS and all affected classes of persons will benefit.There is no identifiable impact upon state revenues.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: There is no identifiable impact on any political subdivisions nor is cooperation required.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There is no identifiable adverse economic effect on small business per the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no identifiable costs associated with the proposed rule, and, therefore, there are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: There is no identifiable effect or impact by the proposed rule on the public health, safety, and environment, if the rule is implemented.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:There is no identifiable effect or impact by the proposed rule on the public health, safety, and environment, if the rule is not implemented.
K.The date the rule impact statement was prepared and, if modified, the date modified:May 20, 2016; modified July 25, 2016; modified January 3, 2017.
SUBCHAPTER 28. OFFICE OF ADMINISTRATIVE HEARINGS:CHILD SUPPORT
340:2-28-57. Certification of copies of administrative orders
Issued 9-15-17
(a) An administrative order or other document filed within the administrative court record may be certified as a true and correct copy of the original, whether the original is in paper, electronic, or digital format by:
(1) the physical or electronic application of language to each copy, which states, in effect, that the copy to be certified is a true and correct copy of the original as it appears in the record of the administrative court; and
(2) an administrative law judge (ALJ) or a clerk of the administrative court completes the certification by means of the respective physical or electronic/digital signature and date; and
(3) the application of the administrative court seal by the clerk of the administrative court, an ALJ, or other individual as directed by an ALJ.
(b) In the alternative, an administrative order, that bears an ALJ’s electronic/digital signature, is deemed certified.
(c) The use of electronic/digital signatures is authorized per Section 237.9a of Title 56 of the Oklahoma Statutes.
