COMMENT DUE DATE:  

February 15, 2018

DATE: 

January 16, 2018

Stacy Pederson, Human Resource Management 405-521-3613

Dena Thayer, Programs Administrator 405-521-4326

Nancy Kelly, Policy Specialist 405-522-6703

RE:  

APA WF 18-2C

It is very 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 .  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 COMPONENTS

Subchapter 1. Human Resources Resource Management

Part 1. General Provisions

340:2-1-5 [AMENDED]

340:2-1-7 [REVOKED]

Part 3. Internal Human Resources

340:2-1-26 through 340:2-1-29 [AMENDED]

340:2-1-31 through 340:2-1-32 [AMENDED]

340:2-1-34 [AMENDED]

Part 5. Administrative Procedures

340:2-1-55 [AMENDED]

340:2-1-58 [AMENDED]

Part 7. Recruitment, Selection, and Placement Policy and Procedures

340:2-1-75 through 340:2-1-79 [AMENDED]

340:2-1-81 through 340:2-1-83 [AMENDED]

340:2-1-84 [REVOKED]

340:2-1-85 [AMENDED]

340:2-1-88 through 340:2-1-89 [AMENDED]

340:2-1-93 [AMENDED]

(Reference WF 18-13)

SUMMARY:

The proposed amendments to Chapter 2, Subchapter 1 are to:(1) implement policy changes recommended during the Human Resource Management (HRM) policy review process; (2) continue improving HRM quality services; (3) align policy citing administrative code and statutes; and (4) amend legal authority as necessary to clarify procedures language clarify existing rules reflect agency structural change is amended to comply with Oklahoma Administrative Code (OAC) 260:25, Merit System of Personnel Administration Rules.

Part 1. General Provisions

OAC 340:2-1-5 is amended to clarify language within the section per Title 26 Section 125 et seq. of the Internal Revenue Code.

OAC 340:2-1-7 is revoked per Section 257 of Title 74 of the Oklahoma Statutes (74 O.S. § 257-15) that repealed Personal Financial Disclosure requirements for state officers and employees.

Part 3. Internal Human Resources

OAC 340:2-1-26 is amended to:(1) update and clarify language pertaining to the Office of Management and Enterprise Services Human Capital Management Division (HCM) eList; and (2) remove language associated with DHS Form 11PE076E, Applicant List.

OAC 340:2-1-27 is amended to:(1) remove all DHS forms; and (2) add clarifying language.

OAC 340:2-1-28 is amended to comply with OAC 260:25-11-36, Employee Actions, of the Merit System of Personnel Administration Rules.

OAC 340:2-1-29 is amended to:(1) comply with OAC 260:25-9-102, Classified Appointments, of the Merit System of Personnel Administration Rules; and (2) add clarifying language.

OAC 340:2-1-31 is amended to clarify language pertaining to job family descriptors that include job specifications and descriptions.The changes reflect the current nomenclature of the names within DHS and HCM.

OCA 340:2-1-32 is amended to:(1) reflect clarifying language;(2) reflect language used in OAC 260:25-7, Salary and Payroll, of the Merit System of Personnel Administration Rules; and (3) update the statutory site for the child welfare specialist's performance-based incentive compensation program per O.S. 10A § 1-9-109.

OAC 340:2-1-34 is amended to:(1) remove all DHS forms; and (2) add clarifying language.

Part 5. Administrative Procedures

OAC 340:2-1-55 is amended to:(1) include Oklahoma Open Records Act per 51 O.S. § 24A.7 and the Oklahoma Discovery Code, 12 O.S. §§ 3224 et seq; and (2) add clarifying language.

OAC 340:2-1-58 is amended to:(1) comply with OAC 260:25-15-70 and OAC 260:25-15-71; and (2) add clarifying language.

Part 7. Recruitment, Selection, and Placement Policy and Procedures

OAC 340:2-1-75 and 340:2-1-76 are amended to:(1) update; and (2) add clarifying language.

OAC 340:2-1-77 is amended to:(1) include language pertaining to an adequate applicant pool per OAC 260:25-9-111; and (2) add clarifying language.

OAC 340:2-1-78 is amended to:(1) remove DHS Form 11PE012E, Application for Employment; and (2) update and add clarifying language.

OAC 340:2-1-79 is amended to update and add clarifying language.

OAC 340:2-1-81 is amended to:(1) remove DHS Form 11PE076E, Applicant List,; and (2) update and add clarifying language.

OAC 340:2-1-82 is amended to:(1) remove DHS Form 11PE012E Application for Employment; and (2) update and add clarifying language.

OAC 340:2-1-83 is amended to update and add clarifying language.

OAC 340:2-1-84 is revoked because it pertains to current DHS employees and the rules associated with DHS Form 11PE076E, Applicant List.

OAC 340:2-1-85 is amended to:(1) remove DHS Form 11PE076E, Applicant List; and (2) add clarifying language.

OAC 340:2-1-88 is amended to clarify language and reflect the current DHS nomenclature.

OAC 340:2-1-89 and 340:2-1-93 are amended to update and add clarifying language.

LEGAL AUTHORITY:Affordable Care Act, Section 18031 of Title 42 of the United States Code 2010; Oklahoma Discovery Code, 12 O.S. §§ 3224, et seq.; Oklahoma Open Records Act, 51 O.S. §§ 4A.1 et seq.; Director of Human Services; 56 O.S. § 162; 74 O.S. § 840; and OAC 260:25-1-5.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Stacy Pederson, Director

Human Resource Management (HRM)

Date:December 18, 2017

Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS

Subchapter 1. Human ResourcesResource Management

Part 1. General Provisions

340:2-1-5 [AMENDED]

340:2-1-7 [REVOKED]

PART 3. Internal Human Resources

  340:2-1-26 through 340:2-1-29 [AMENDED]

340:2-1-31 through 340:2-1-32 [AMENDED]

340:2-1-34 [AMENDED]

  Part 5. Administrative Procedures

  340:2-1-55 [AMENDED]

340:2-1-58 [AMENDED]

Part 7. Recruitment, Selection, and Placement Policy and Procedures

340:2-1-75 through 340:2-1-79 [AMENDED]

340:2-1-81 through 340:2-1-83 [AMENDED]

340:2-1-84 [REVOKED]

340:2-1-85 [AMENDED]

340:2-1-88 through 340:2-1-89 [AMENDED]

340:2-1-93 [AMENDED]

(Reference WF 18-13)

Contact:Stacy Pederson, HRM Director, 405-521-3613

A.Brief description of the purpose of the proposed rule:

The proposed amendments to Chapter 2, Subchapter 1 are to:(1) implement policy changes recommended during the Human Resource Management (HRM) policy review process; (2) continue improving HRM quality services; (3) align policy citing administrative code and statutes; and (4) amend legal authority as necessary to clarify procedures language clarify existing rules reflect agency structural change is amended to comply with Oklahoma Administrative Code (OAC) 260:25, Merit System of Personnel Administration Rules.

Strategic Plan Impact.The proposed amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes to achieve greater efficiencies. These amendments help DHS attain the outcome of having a supported, engaged, and effective workforce by updating and clarifying changes in processes and procedures to be compatible with best practices.

Substantive changes.

Part 1. General Provisions

OAC 340:2-1-5 is amended to clarify language within the section per Title 26 Section 125 et seq. of the Internal Revenue Code.

OAC 340:2-1-7 is revoked per Section 257 of Title 74 of the Oklahoma Statutes (74 O.S. § 257-15) that repealed Personal Financial Disclosure requirements for state officers and employees.

Part 3. Internal Human Resources

OAC 340:2-1-26 is amended to:(1) update and clarify language pertaining to the Office of Management and Enterprise Services Human Capital Management Division (HCM) eList; and (2) remove language associated with DHS Form 11PE076E, Applicant List.

OAC 340:2-1-27 is amended to:(1) remove all DHS forms; and (2) add clarifying language.

OAC 340:2-1-28 is amended to comply with OAC 260:25-11-36, Employee Actions, of the Merit System of Personnel Administration Rules.

OAC 340:2-1-29 is amended to:(1) comply with OAC 260:25-9-102, Classified Appointments, of the Merit System of Personnel Administration Rules; and (2) add clarifying language.

OAC 340:2-1-31 is amended to clarify language pertaining to job family descriptors that include job specifications and descriptions.The changes reflect the current nomenclature of the names within DHS and HCM.

OCA 340:2-1-32 is amended to:(1) reflect clarifying language;(2) reflect language used in OAC 260:25-7, Salary and Payroll, of the Merit System of Personnel Administration Rules; and (3) update the statutory site for the child welfare specialist's performance-based incentive compensation program per O.S. 10A § 1-9-109.

OAC 340:2-1-34 is amended to:(1) remove all DHS forms; and (2) add clarifying language.

Part 5. Administrative Procedures

OAC 340:2-1-55 is amended to:(1) include Oklahoma Open Records Act per 51 O.S. § 24A.7 and the Oklahoma Discovery Code, 12 O.S. §§ 3224 et seq; and (2) add clarifying language.

OAC 340:2-1-58 is amended to:(1) comply with OAC 260:25-15-70 and OAC 260:25-15-71; and (2) add clarifying language.

Part 7. Recruitment, Selection, and Placement Policy and Procedures

OAC 340:2-1-75 and 340:2-1-76 are amended to:(1) update; and (2) add clarifying language.

OAC 340:2-1-77 is amended to:(1) include language pertaining to an adequate applicant pool per OAC 260:25-9-111; and (2) add clarifying language.

OAC 340:2-1-78 is amended to:(1) remove DHS Form 11PE012E, Application for Employment; and (2) update and add clarifying language.

OAC 340:2-1-79 is amended to update and add clarifying language.

OAC 340:2-1-81 is amended to:(1) remove DHS Form 11PE076E, Applicant List,; and (2) update and add clarifying language.

OAC 340:2-1-82 is amended to:(1) remove DHS Form 11PE012E Application for Employment; and (2) update and add clarifying language.

OAC 340:2-1-83 is amended to update and add clarifying language.

OAC 340:2-1-84 is revoked because it pertains to current DHS employees and the rules associated with DHS Form 11PE076E, Applicant List.

OAC 340:2-1-85 is amended to:(1) remove DHS Form 11PE076E, Applicant List; and (2) add clarifying language.

OAC 340:2-1-88 is amended to clarify language and reflect the current DHS nomenclature.

OAC 340:2-1-89 and 340:2-1-93 are amended to update and add clarifying language.

Reasons. 74 O.S. § 840-4.13 and OAC 260:25-9-92 specify the hiring rule for classified positions.Specifically, an appointing authority may consider and select anyone whose name is within the hiring rule listed on certificates issued by HCM and HRM.DHS requires that when five or fewer applicants are current DHS employees, all are interviewed.As this requirement affects only current DHS employees, it is improperly placed in OAC and is now included in DHS regulations.

Repercussions.The proposed amendments will increase efficiencies, shorten the time to hire, and result in greater clarity to staff regarding personnel processes.HRM does not foresee any negative repercussions.

Legal authority.Affordable Care Act, Section 18031 of Title 42 of the United States Code 2010; Oklahoma Discovery Code, 12 O.S. §§ 3224, et seq.; Oklahoma Open Records Act, 51 O.S. §§ 4A.1 et seq.; Director of Human Services; 56 O.S. § 162; 74 O.S. § 840; and OAC 260:25-1-5.

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 most likely to be affected by the proposed amendments are DHS employees and those seeking DHS employment.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons most likely to benefit from the proposed amendments will be DHS offices and divisions, DHS employees, and those seeking DHS employment.

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:No economic impact is likely as a result of the proposed amendments.

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:The proposed amendments will result in greater efficiencies for DHS.It is unlikely the department will incur any additional costs as a result of these proposed amendments.

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:These proposed amendments will not have an impact on any political subdivision, or require their cooperation.

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:The proposed amendments will have no impact or economic effect on small business.

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:The proposed amendments are not expected to entail any compliance costs, and are less intrusive in regard to references and job applicant information than the rules they seek to replace.

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:The proposed amendments will have no effect on public health, safety, and the environment.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments are not implemented, there will be no detrimental effect on the public health, safety, and environment.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared June 29, 2017; modified September 14, 2017, modified December 18, 2017.

SUBCHAPTER 1. HUMAN RESOURCESRESOURCE MANAGEMENT

PART 1. GENERAL PROVISIONS

340:2-1-5. Employee benefits

Revised 6-1-089-15-18

(a) Benefits.Oklahoma Department of Human Services (OKDHS)(DHS) employee benefits include:

(1) a core benefit allowance for the employee's mandatory coverage of:

(A) health insurance;

(B) dental insurance;

(C) basic life insurance; and

(D) disability insurance;

(2) an additional benefit allowance for the employee's dependentdependents' health, dental, and basic life insurance coverage;

(3) premium conversion for qualifying insurance benefits, if the employee elects;

(4) a reimbursement accountaccounts, ifwhen the employee elects, for:

(A) child care and dependent elder care expenses;

(B) qualifying medical expenses; or

(C) both; and

(5) retirement benefitbenefits through the Oklahoma Public Employees Retirement System (OPERS).

(b) Unemployment compensation.Employees of OKDHSDHS employees may qualify for unemployment compensation under certain circumstances.[Part 2, Eligibility, of the Oklahoma Employment Security Act as amended by the 1988 Session of the Oklahoma Legislature effective May 5, 1988].When an individual files for unemployment compensation, the Oklahoma Employment Security Commission (OESC) notifies OKDHS with Form OES-617, Notice of Application for Unemployment Compensation, in-state application, or Form IB‑3, Claimant/Employer Separation Statement, out-of-state application.Human Resources Management Division (HRMD)provides a written response for all claims received.To be filed timely, OKDHS response to OESC must be postmarked within ten calendar days of the date of notice.To be filed timely, OKDHS response to OESC must be postmarked within ten calendar days of the date of notice.When correspondence related to unemployment compensation is received in a DHS office, Human Resource Management (HRM) is immediately contacted.HRM serves as the official representative for the unemployment compensation process and, a written response from DHS must be postmarked, per timeframes established by the Oklahoma Employment Security Commission (OESC).IfWhen the written response is not filedsubmitted timely, OESC determines the eligibility for compensation is determinedonly from the information provided by the claimant. Local offices fullyDHS employees, as deemed necessary by HRM, cooperate in providing information requested by OKDHS to ensure timely filing of the responsethe unemployment compensation process to ensure valid benefit determinations.When a notice of application for unemployment compensation is received in the local offices or institutions, it is immediately faxed to HRMD with the hard copy forwarded to HRMD.

(c) Eligibility for OKDHSDHS program benefits. Benefits through OKDHSDHS programs are available to an employee and his or herDHS employees as well as legal dependent(s)dependents, who meets meet all conditions of eligibility for the specific program for which application is made.The application for benefits, the determination of original eligibility and continuing eligibility, and the delivery of services are handled in the same manner as for any other individual, except that an employee cannot certify himself or herself, relatives, or unrelated persons living in the employee's home.

(d) Other benefits. Other benefits, including deferred compensation, leave, and paid holidays, are provided to employees,in accordance with state law per the Oklahoma Personnel Actand OKDHSDHS policy.The eligibility requirements, effective date, and specific provisions of these benefits vary and are addressed elsewhere in policy.

340:2-1-7. Financial Disclosures filed with the Ethics Commission (EC) required and designated [REVOKED]

Financial disclosure statement.Chapter 62 of Title 74 of the Oklahoma Statutes requires the members of the Oklahoma Commission for Human Services and the Oklahoma Department of Human Services (OKDHS) Director to file financial disclosure statements with the Ethics Commission (EC).In addition, OKDHS has determined that the duties of senior administrators and division directors require each of them to file.¢ 1Other employees who must file statements are those who have been designated by the Director, a senior administrator, or division director as having responsibility for taking or recommending official action regarding contracting or procurement.

(1) Financial disclosure statements must be filed upon initial employment in a position requiring the statement and no later than April 30 each year as long as the employee continues in the position.¢ 2, 3 & 4

(2) Failure to file the financial disclosure statement by the deadline may result in the employee being charged a late filing fee of up to $100 per day for each day it is late to a maximum of $1,000.Any person who fails to file a financial disclosure statement, knowingly gives false information in the financial disclosure statement, or knowingly omits required information is considered guilty of a misdemeanor.

INSTRUCTIONS TO STAFF [REVOKED]

1.(a) Senior administrators are defined in DHS:2-1-3(b)(1)(D).

(b) The Oklahoma Department of Human Services (OKDHS) liaison to the Ethics Commission (EC) for statements of financial interest is located in the Human Resources Management Division (HRMD).

2.No individual is required to file more than one financial disclosure statement in any calendar year.Employees may request a 30-day extension of the filing deadline following initial appointment to a position requiring the statement.This request must be submitted to the EC not more than ten days following appointment to the position.

3.Employees who hold the positions identified on this list receive a letter of explanation and a copy of the financial disclosure form advising them of the need to file prior to the April 30 due date.

4.The Director, senior administrators, and division directors are responsible for advising new staff reporting to them of the need to file EC Form F-1R, Statement of Financial Interest, with the EC if required by the position.Notice is given to the employee upon the employee's entrance on duty.Employees are responsible for completing the financial disclosure statement andsubmitting it to the EC by the required due date.Relevant portions of the law regarding financial disclosure statements are contained on the OKDHS InfoNet under HRMD guides in the New Employee Handbook, which is provided by the supervisor to new employees upon probationary or unclassified appointment.

PART 3. INTERNAL HUMAN RESOURCES

340:2-1-26. Employment and assignment

Revised 9-15-159-15-18

(a) Selection from Office of Management and Enterprise Services Human Capital Management Division (HCM) E-ListeList. The processA request to fill a position is initiated using Form 11PE031E, Announcement Requisition, which is forwarded to Oklahoma Department of Human Services (DHS), Human Resource Management (HRM).When HRM is notified of vacancies not filled by promotion, demotion, transfer, or reinstatement per DHS recruitment, selection, and placement policy and procedures, HRM may request anAn HCM E-List thateList may be used per Oklahoma Administrative Code (OAC) 340:2-1-84(b)340:2-1-89(b)(2).HCM supplies names of eligible applicants.The hiring rule is the top tenavailable,10 eligible applicants or any name tied with the lowest ranking, eligible applicant within the hiring rule per OAC 530:10-9-92260:25-9-92, and Section 840-4.13 of Title 74 of the Oklahoma Statutes (74 O. S. § 840-4.13).DHS may make its selection from the HCM E-ListeList within the hiring rule.In selecting new personnel from the HCM E-ListeList, DHS may consider any legally available information concerning each applicant, including information on the application, reports of applicant interviews with applicants and references, performance evaluations, letters of reference, and background checks.DHS does not discriminate in its employment policies and is an equal opportunity employer.

(b) Determination of availabilityAvailability determination. Upon receipt of the HCM eList, HRM forwards the HCM E-ListeList to the requesting official who contacts applicants on the E-ListeList by mail, or email or phone to determine if the applicants are available for interviews.

(1) When an applicant declines an offer of appointment, fails to report for an interview, or fails to report for duty, the circumstances are documented for the recordHCM eList.An eligible applicant is considered to have declined and may be removed from consideration when he or she:

(A) fails to reply to a written invitation to interview within seven calendar days, exclusive of the date of mailing;is extended an invitation to interview and fails to respond to the inquiry within 72 hours; or

(B) is contacted by email with an invitation to interview and fails to respond to the email inquiry within 72 hours; orverbally declines an opportunity to interview and communicates this to a DHS representative.

(C) verbally declines an opportunity to interview with a DHS representative.

(2) Information regarding a selected applicant's availability for appointment is transmittedsubmitted to HRM with other pertinent information regarding the applicant.Form 11PE076E, Applicant List, is returned to HRM and the HCM E-List.

(3) A conditional offer of employment, Form 11PE009E, Conditions of Employment, is made to an applicant pending the passing of the required, pre-employment drug screening per OAC 340:2-1-43(b)(1).¢ 1

(4) Appointment to certain DHS positions requires the completion of a favorable background check per OAC 340:2-1-56.

(c) Notice of appointmentAppointment notice.DHS administers statewide programs throughout the state and staff areis assigned in accordance withper DHS particularstaffing needs.The HCM PeopleSoft Human Resource Management System generates a Personnel ActionA report providing the HCM position identification number, job family with level and job code, place of assignment, and pay band and salary, and is provided to the new employee as notice of his or her appointment.¢ 1

INSTRUCTIONS TO STAFF 340:2-1-26

Revised 9-15-159-15-18

1.(a) Form 11PE009E, Conditions of Employment, is used to convey salary, appointment status, and the requirements the applicant must meet.The Personnel Action report is transmitted electronically to the Office of Management and Enterprise Services Human Capital Management Division.A copy of the Personnel Action report is emailed or hand-delivered to:

(a) the Oklahoma Department of Human Services Financial Services Payroll Unit;

(b) the Human Resource Management (HRM) Benefits Section;

(c) the employee;

(d) the employee's supervisor to file in the employee's local personnel file; and

(e) HRM for the employee's official personnel file.

(b) The Human Resource Management (HRM) copy of the Personnel Action report, is filed in the employee's personnel folder.

(c) The Personnel Action report is transmitted electronically to the Office of Management and Enterprise Services Human Capital Management (HCM) Division and to the employing office.

(d) A copy of the Personnel Action report is sent to the:

(1) DHS Financial Services Payroll Unit;

(2) HRM Benefits Section;

(3) employee; and

(4) Oklahoma Public Employees Retirement System, as required.

340:2-1-27. Report of entranceEntering on duty

Revised 9-15-159-15-18

(a) Required documents.On the employeeemployee's enter on duty day (EOD), the unit supervisor completes Form 11AD068E, Report of Accession, and forwards,it to Human Resource Management (HRM).:Documents attached to Form 11AD068E include:

(1) a signed copy of the employee's Social Security Administration card.The employee's name on all personnel and payroll records is shown exactly as itmust be identical to the name that appears on the employee's Social Security Administration card.When the employee is unable to provide his or her required, original Social Security Administration card, he or she must present a receipt of application for the replacement card within three business days of EOD;

(2) a signed Secretary of State (SOS) Form 100, Loyalty Oath.A new Form 100 is submitted with each appointment following a consecutive, 30-calendar day break in service;

(3) a signed Form W-4, Employees Withholding Allowance Certificate, or Form W-5, Earned Income Advance Payment Certificate;

(4) Form 515-01-97R, Enrollment Application in State Retirement, except for temporary appointmentsa signed employment application;

(5) Notice of Employee's Right to Continue Group Health Coverage, Consolidated Omnibus Budget Reconciliation Act (COBRA), except for temporary appointments;

(6) Form 11PE201E, Payroll and EEOC Reporting Information;

(7) Form 10PL023E, Employee Longevity Service Worksheet, except for temporary appointments;

(8)(5) a signed Department of Homeland Security, United States Citizenship and Immigration Services, Form I-9, Employment Eligibility Verification, with the E-Verify employment authorization.Pursuant to the Immigration Reform and Control Act of 1986, Form I-9 is completed by the employee and employing unit on the first day of employment, per the Immigration Reform and Control Act of 1986.When the employee is unable to provide the acceptable original document(s) as listed on Form I-9, the employee must present a receipt for the application for the document(s) within three business days of EOD or the employee is immediately separated from duty.However, an employee working only three days or less,days must produce the required original documents for the completion of Form I-9, no later than close of business, on theirhis or her EOD.An employee who presented a receipt for the application of a document must present the required original document within 90-calendar days of EOD or he or she is immediately separated from duty;¢ 1

(9) verification of tribal affiliation, when the employee requests designation as Native American;

(10)(6) signed insurance benefits enrollment forms, except for.This does not apply to employees in temporary appointments; and

(11) Form 05AD133E, Employee and Non-employee Acknowledgment of Confidentiality; and

(12)(7) thea signed employee's acceptance of the conditional job offer agreeing to classification, statusclassified, unclassified, or temporary employment, salary, and agreement to serving a probationary period upon entrance to the classified service as a direct hire, reinstatement, or other hire that does not utilize the Office of Management and Enterprise Services Human Capital Management Division E-List.¢ 2

(b) Missing documents.If all documents are not available on the date of entry on duty, all available documents are submitted.Missing documents are submitted as soon as possible, but no later than required by law to ensure accurate compensation.All of the documents listed in (a)(1) through (12) of this Section are required in accordance with state and federal laws.Any documentation identified in (a)(1) through (7) of this Section is expected to be provided by the employee on the EOD.Missing documentation is submitted as soon as possible, but no later than required by law.An employee who fails to produce required original documentation within the permissible time frames is immediately separated from duty.

INSTRUCTIONS TO STAFF 340:2-1-27

Revised 9-15-159-15-18

1.(a) Authorized unit staff is required to submit Form I-9, Employment Eligibility Verification, and documentation to the Department of Homeland Security through the E-Verify system for the following new hire positions:

(1) temporary;

(2) unclassified;

(3) probationary; and

(4) inter-agency transfer of an active state employee.

(b) An exception is a previousPrevious Oklahoma Department of Human Services (DHS) employeeemployees, with less than a 30-calendar day breakbreaks in service, who doesdo not need to be verified through the E-Verify system.

(c) When a receipt for application is used for the initial submission of required document(s) for the Form I-9, the unit staff completing Form I-9, records "receipt" on the document information.

(1) The original Form I-9 is held in the unit until verification of the original document verification is made.

(2) A copy of Form I-9, and "receipt" documentation used for the E-Verify process, with the response email from DHS E-Verify is forwarded to Human Resource Management (HRM).

(3) E-Verify employment authorization cannot be completed until the original document is received.

(d) When a receipt for application for a document is used for the initial submission of Form I-9, unit staff enters "Pending" into the Human Resources Information System (HRIS).HRM staff verifies the entry.

(e) Upon verification of the original document unit staff:

(1) updates HRIS to "yes";

(2) crosses out "receipt," on any document number, records the information for the original document, and initials and dates the change on Form I-9; and

(3) forwards the original Form I-9 and documentation copies to HRM. completes E-Verify employment authorization; and

(4) forwards the original Form I-9 and documentation copies to HRM.

(f) The unit maintains a copy of the DHS E-verify response, and Form I-9 with the verifying documentation in the employee'sa separate local file.

2.The employee's acceptance of the conditional job offerincluding the notification of a probationary period to be served, is completed prior to the employee's enter-on-duty date.Once the employee enters on duty, the completed form is filed in the employee's personnel file.When an applicant declines the offer, documentation of the conditional job offer is filed with the announcement material.

340:2-1-28. Probationary or trial period, classified service

Revised 9-15-159-15-18

(a) Probationary period upon initial appointment. The probationary period for an appointed employee is one year or until the probationary period is waived after the employee has served a minimum of six months.The probationary period may not be extended beyond one year but may be adjusted, per Oklahoma Administrative Code (OAC) Merit Rule530:10-11-36260:25-11-36.An employee in a leave without pay status in excess of 40 hours will have the probationary period adjusted equal to his or her leave without pay time in excess of 40 hours.When a probationary employee is absent from work in excess of 30-continuous calendar days, the probationary period is adjusted by the number of days he or she is absent.An employee may be discharged at any time during the probationary period.

(1) The probationary period is a working, test period during which a classified employee is required to demonstrate fitness for the job family and level to which appointed.The decision to grant a probationary employee permanent status is based on a closed Office of Management and Enterprise Services Human Capital Management (HCM) Division, Form HCM-111, Supervisory Documentation supervisory documentation, written evaluations, recommendations, or other pertinent information.

(2) Early award of permanent status wavier for the remainderAny adjustment of the probationary period must be reviewed and approved by the division director or by his or her designee.When permanent status is granted, HCMthe Office of Management and Enterprise Services (OMES) Human Capital Management (HCM) Division and the employee receive confirmation from Human Resource Management.An employee may be discharged at any time during the probationary period.

(3) Employee benefits are available to probationary employees in accordance with specific benefit policies.

(4) A probationary employee's change in shift assignment or a significant change of duties of a probationary employee, in excess of 30-calendar30 calendar days, requires prior OMES HCM approval.

(5) A probationary employee of the Oklahoma Department of Human Services (DHS) is not:

(A) eligible for promotion or demotion;

(B) eligible to apply for DHS job announcements until successful completion of the probationary period;

(C) transferred from the original locality where originally appointed;

(D) changed from part-time to full-time; or

(E) transferred to a position in another job family.

(6) a probationary or permanent DHS employee may apply for a job through the HCM application system.If a job offer is subsequently made, the offer is to a new appointment and the employee is required to:¢ 3

(A) resign from the position held at the time of acceptance;¢ 3and

(B) servebegin a new one-year probationary period in the new position.

INSTRUCTIONS TO STAFF 340:2-1-28

Revised 9-15-159-15-18

1.It is critical that the immediate supervisor and the reviewing supervisor develop Office of Management and Enterprise Services Human Capital Management (HCM) Division Form HCM-111, Performance Management Process, the accountabilities, to includeincludingtasks, performance standards, and behaviors, expected for successful performance in the assigned job family and level.Form HCM-111The performance evaluation is opened within the employee's first 30-duty days.The immediate supervisor must close out Form HCM-111the performance evaluation no later than 30-calendar days prior to completion of the probationary period.

2.When an employee is discharged during a probationary period, the appropriate senior administrator, divisiondeputy director, regional director, area director, or designee is responsible for notifying the employee and other relevant offices.The discharge notice is sent by certified mail to the employee's last known address or delivered by personal service and a copy of the notice is filed in the employee's personnel record.

3.Before extending a job offer to an applicant from another state agency, the selecting official checksverifies his or her current job family and level, pay band, salary, and status with Human Resource Management for verification of the applicant's current job family and level, pay band, salary, and status.

340:2-1-29. Appointments

Revised 7-1-109-15-18

(a) Types of appointments.All appointments of employment within the Oklahoma Department of Human Services (DHS) are made either to the classified service or to specific positions in the unclassified service.¢ 1Appointments are made,in accordance withper the Oklahoma Personnel Act, applicable portions of the Oklahoma Administrative Code (OAC) Rules, Merit System of Personnel Administration Rules (Merit Rules), and Oklahoma Department of Human Services (OKDHS)DHS policy.

(1) Classified service. Classified service refers to employees and positions under the jurisdiction of the Oklahoma Merit System of Personnel Administration (Merit System) by constitutional amendment or state statute.

(2) Unclassified service.Unclassified service refers to employees and positions excluded from coverage ofunder the Merit System, by constitutional amendment, state statute, or executive order and approved by the OKDHSDHS Director.Employment in the unclassified service is considered employment-at-will.

(b) Reinstatement. A former state employee, who had permanent status in the classified service, may be eligible to apply on OKDHSin response to DHS job announcements toand be considered for reinstatement,in accordance with OKDHSper DHS policy.The Human Resources Management Division (HRMD) obtains verification from the Office of Personnel Management (OPM) of the applicant's eligibility for reinstatement at the time of application.To determine an applicant's reinstatement eligibility, Human Resource Management obtains verification from the Office of Management and Enterprise Services Human Capital Management Division (HCM) at the time of application.

(1) Reinstatement eligibility may equal up to the period of service that results in permanent classified status.A permanent employee who leaves classified service is eligible for reinstatement, per OAC 260:25-9-102.

(2) If a permanent, classified employee leaves a permanent, classified position for an unclassified position with no break in service, [OAC 530:10-15-10(c)(1)(G)] the period of time during which the person is eligible for reinstatement begins on the date of separation from the unclassified position rather than the date of separation from the classified position.Reinstatements to the classified service are probationary under the terms outlined in OAC 340:2-1-28 for new employees.Prior to enter on duty (EOD), the reinstated employee must acknowledge that serving a probationary period is a condition of the job offer.

(3) The unclassified service does not add to the period of time eligible for reinstatement.

(4) Reinstatements to the classified service are probationary under the terms outlined in OAC 340:2-1-28 for new employees, provided the former employee has been notified, and has acknowledged in writing, an understanding that probation is a condition of the job offer.

(5) Enter on duty date must occur before reinstatement eligibility expires. An applicant whose eligibility date expires within 30 working days of the closing date of an individual announcement is notified that:

(A) there is insufficient time for the selection process to be completed prior to the end of his or her eligibility; and

(B) he or she may compete for appointment in the classified service by submission of an application to OPM if the position is announced on OPM'S application system.[Merit Rule OAC 530:10-9-10]

(c) Direct hire and authority for hard to fill appointments.AppointmentsPer OAC 260:25-11-30(a) and (c), appointments in the classified service made under the direct hire authorityandfor hard to fill positions serve a probationary period even ifwhen a probationary period was served for a previous appointment with any Oklahoma state merit agency.

(d) Temporary appointments. When OKDHSDHS requires the service of personsemployees on a temporary basis, a person may be appointed into the unclassified service without regard to other provisions governing appointments.No person is appointed under this provision for more than a total of 999 hours in a 12-month period from the date of initial hire with any or all state agencies.Temporary appointments do not confer any privileges,or rights of appeal, or rights of position, transfer, or reinstatement.nor any other rights to any classified position under the Merit System,nor is any temporary employee entitled to any employee benefitsNor do any temporary appointments confer any other rights to any classified position under the Merit System.Local administrators and supervisors are responsible for ensuring that temporary employees do not average 30 hours or more per week without approval, per the Affordable Care and Patient Protection Act (ACA), and do not work more than 999 hours within a 12-month period from the date of initial hire, per Section 840-5.5 of Title 74 of the Oklahoma Statutes.Temporary employees exceeding these limits may become benefits eligible.[74 O.S. § 840-5.5(A)(8)]

(e) Dual appointments.When an OKDHSa DHS employee seeks additional employment with another state agency, the employee must complete Form 11AD042E, Request for Approval of Other Employment, which requires the division director's approvalhe or she must receive approval from the director, who is responsible for addressing and resolving potential Fair Labor Standards Act or ACA employee benefits issues.The division director refers to the Fair Labor Standards Act to review for any potential overtime and/or budgetary issues.

INSTRUCTIONS TO STAFF 340:2-1-29

Revised 7-1-109-15-18

1. Form 11PE009E, Conditions of Employment, A conditions of employment letter is completed by the selecting official or designated representative and provided to the applicant selected for the appointment to document the conditions under which an offer of employment is tendered.This must be completed prior to obtaining information for a background check or drug testing.

340:2-1-31. Classification plan

Revised 9-15-18

The classification plan is composed of job classesspecifications and descriptions used by the Oklahoma Department of Human Services (OKDHS)(DHS).Each job classcovers positions similar inthat detail the skills, duties, and responsibilities required for a position.andareJobs may be grouped together into job family descriptors (JFDs) that may have multiple levels within the same JFD.The Human Resources Resource Management Division (HRMD), Human Management Classification and Compensation Sectionunit, maintains theOKDHS classification plan and the JFDs for each DHS job family.HRMD, Classification and Compensation Section,The unit is also responsible for making revisions to existing JFDs or developing descriptions for new JFDs as needs are identified.The Office of Personnel Management and Enterprise Services Human Capital Management Divisionhas the final approval for JFDs in the classified service.

340:2-1-32. Salary Administration Plan and AgencyOklahoma Department of Human Services (DHS) Compensation Guidelines (DHSCG)

Revised 9-15-18

(a) Salary Administration Plan (SAP).The SAP is based on the standard that employees performing similar work receive similar pay and that variation in the requirements is reflected equitably in the pay band.The salary range established for each job family and level provides a minimum hiring rate and maximum salary rate.

(1) Computation of salary payments.Oklahoma Department of Human Services (OKDHS)DHS employees are paid on a monthly basis in accordance withper applicable salary schedules.The pay period extends from the 16^th16th day of theeach month through the 15^th15th day of the following month.¢ 1

(2) Entrance salary.The entrance salary for positions in the classified service is the entry salary identified in the SAP, except as provided in the Merit System of Personnel Administration Rules (Merit Rules)Oklahoma Administrative Code (OAC) 260:25-7-1 through 260:25-7-27.The entrance salary for positions in the unclassified service is normally a comparable salary.Requests to establish salary above the established minimum hiring rate may be processed by completing Form 11PE017E, Salary Exception Request, in accordance withper the special entrance rate or salary exception request process as described in the Agency Compensation Guidelines (ACG)DHSCG.The salary of a new employee is effective on the employee's first working day.

(3) Salary increase.Salary increases are not automatic, but are granted in accordance with theper SAP and applicable legislation.

(4) Equity and salary adjustments.For classified employees, an equity pay adjustment is a mechanism authorized in accordance withper appropriate Merit Rules and the ACGDHSCG.For employees in the unclassified service, a change in salary is in accordance with the ACGper DHSCG or applicable legislation.

(b) Performance-based incentive compensation program.A person employed full-time as Child Welfare (CW) specialist I through IV, exclusively working as a CW specialist, may be eligible once per year for the performance-based incentive compensation program authorized by Section 7004-1.81-9-109 of Title 10A of the Oklahoma Statutes.

(1) Incentive compensation.The incentive compensation is a lump sum performance incentive of one and one-half percent of the established annual base salary of the eligible employee.The lump sum incentive compensation does not increase the base salary of the employee.

(2) Requirements.To be eligible for the incentive compensation, the employee must meet the criteria included in (A) or (B) of this paragraph.

(A) Master-level employees must:

(i) have an overall rating of exceeds standards on the most recentrecently completed Form OPM-111, Performance Management Process (PMP)performance evaluation;

(ii) have a master's degree, from an institution accredited by a generally accepted accrediting body and accepted for transfer credit by the Oklahoma Regents for Higher Education, in:

(I) social work;

(II) human relations;

(III) psychology;

(IV) sociology;

(V) guidance and counseling;

(VI) juvenile justice; or

(VII) child development;

(iii) have completed all required OKDHSDHS sponsored field training per OAC 340:75-1-231 and 340:75-1-232; and

(iv) be assigned to the same human services centeroffice for 12 consecutive months on the day of the employee's annual performance review.

(B) Employees in countiesoffices who meet the OKDHSDHS Child and Family Services Review (CFSR) standards must:

(i) have an overall rating of at least meets standards on the most recentrecently completed Form OPM -111,Performance Evaluation;

(ii) have completed all required OKDHS DHS-sponsored field training per OAC 340:75-1-231 and 340:75-1-232; and

(iii) be assigned to the same human services centeroffice for 12 consecutive months on the date of the CFSR per OAC 340:75-18-10.

(I) The human services centeroffice must meet or exceed all current federal standards for outcomes in safety, permanency, and well-being by children and families.

(II) The CFSR is completed yearly by OKDHS DHS utilizing current CFSR national standards as adopted by the Administration for Children and Family Services of the United States Department of Health and Human Services pursuant to Sections 1355.31 through 1355.37 of Title 45 of the Code of Federal Regulations, as amended.

INSTRUCTIONS TO STAFF 340:2-1-32 [REVOKED]

1.The method of computing the pay rate in case of leave without pay (LWOP) is to divide the hours of LWOP by the number of working hours in a particular pay period.

(1) In cases where an employee has LWOP, after the above division is applied and a three-point decimal is received, this decimal is multiplied by the monthly salary.

(2) Since leave is charged in hours and minutes, when there are instances where LWOP is charged in minutes, the amount of deduction is based on rounding up to the next quarter hour for deduction from salary.

(3) The formula used to determine the hourly rate of pay is to take the annualized salary and divide it by 2080 hours, or to take the monthly rate of pay divided by the average hours in a payroll month, which is 173.33.

340:2-1-34. Employment verifications and references

Revised 7-1-089-15-18

(a) Responses to employmentEmployment verification inquiries.Oklahoma Department of Human Services (OKDHS)(DHS) responses to employment verification inquiries, such as credit references, work status inquiries, and employment references on employees or former employees are made either by the DHS Finance DivisionFinancial Services (FS) or the Human ResourcesResource Management Division (HRMD)(HRM), except as noted in (b) of this Section. ¢ 1

(1) Finance DivisionFS or HRMDHRM provides only the employee's or former employee's correct name, dates of employment, and the current or last job family descriptor (JFD) and level held.

(2) an employee's or former employee's address, Social Security number, or other information is not provided.

(3) Only salary confirmation information is provided.

(4) additional information may be released only upon receipt of a written authorization from the employee or former employee.

(b) References.Professional references cannot impart any confidential information and must be void of personalopinion, that isand content of a defamatory, retaliatory, or discriminatory in nature and must not violate confidentiality.¢ 2

(1) Internal requests.Supervisors and managers must respond to reference requests initiated within OKDHS DHS.The response is in writing either by memo or e‑mailemail.

(2) External requests.Managers and supervisors do not respond to verbal requests for references.Form 11PE015E, Professional Reference Release, is used to provide references.A release for information signed by the employee must be received.¢ 3 & 4

(c) Individual or personalPersonal references.Employees or former employees frequently ask administrators, managers, supervisors, or co-workers for personal references.Such references do not express DHS official position.Individuals providing references are cautioned that they may be liable and subject to discipline for providing incorrect, inappropriate, or exaggerated references or information that could placeplacing OKDHS at risk.

INSTRUCTIONS TO STAFF 340:2-1-34

Revised 7-1-0809-15-18

1.Sample telephonephone response to an inquiry is limited to:"Thank you for calling the Oklahoma Department of Human Services (OKDHS)(DHS).I am pleased to confirm that Mr. or Mrs. (employee name) was an employee of OKDHS DHS from (date) to (date) as a (position title) at (position location).We are unable to release additional information without a signed release from the person."

2.Examples of prohibited information in a reference include:

(1) knowingly false information or information that attacksattacking a person's reputation;

(2) personal information, such as sexual orientation or medical history;

(3) age, ethnic background, Americans with Disabilities Act (ADA), or other statutorily-protected information that is statutorily protected;

(4) negative information intended to retaliate;

(5) misleading and positive information about a person who poses a risk of harm; and

(6) misrepresentation by failing to disclose thatnot disclosing the employee received corrective discipline for violence in the workplace.

3.Do not provide professional reference by telephone phone.Requests are responded with:"We are unable to release information without a signed authorization document from the person."

(1) The request for reference must be in writing and identify the source of the request.A copy of Form 11PE015E, Professional Reference Releaserelease may be provided to the requester's organization to obtain proper authorization from the applicant or employee in question. Mailed, emailed, or faxed copies of requests are accepted.

(2) The completed formrelease is provided only upon request from the business or company seeking a professional reference and is not to be given directly to the employee.

(3) If the unit receiving the request has a pre-signed release from the employee on file, no further authorization is needed.

(4) Former or current employees may revoke a previously executed Form 11PE015Erelease in writing, to the location where the signed release was furnished.Revocation of a previously executed release can only be made in writing to the location where the signed release was furnished.Current and former employees wanting to revoke a previously executed release verbally are instructed to submit the request in writing to the location where the signed release was furnished.

(5) A copy of any information released relating to the professional references request is retained in the local personnel file for a minimum of two years.

4.The in-house or local human resources (HR) liaison assists the manager by checking HRISpersonnel records prior to responding to the reference to confirm that the reason for leaving OKDHS DHS was discharge oreither voluntary or involuntary.

5.OKDHS DHS or state letterhead is not used for a personal reference request.

PART 5. ADMINISTRATIVE PROCEDURES

340:2-1-55. Individual personnel records

Revised 6-26-039-15-18

A local personnel file is set up in each office aside from the file in Human Resources Management Division (HRMD).¢ 1Included in the file are official communications, documents, supervisory memoranda, and similar material relating to the employee.Documentation in the file includes, but is not limited to, official communications, training records, performance evaluations, supervisory memoranda, and similar material relating to the employee.The divisions and units housed at the state officeOklahoma Department of Human Services (DHS) State Office building may instead use the records maintained by HRMD in place of the files required in the outlying officesHuman Resource Management.The employee and any individual in the line of authority above the employee may review the employee's personnel file either in the local office or in the state office.Local administrators or selecting officials may review personnel files for employees who are seeking assignment within their offices.Other DHS officials of OKDHS may review an employee personnel file when there is an administrative need.Any other requests to review employee personnel files are handled in accordance with the provisionsper and are subject to the limitations of the Oklahoma Open Records Act and the Oklahoma Discovery Code.Section 840-2.11 of Title 74 of the Oklahoma Statutes prohibits public inspection or disclosure of state employees' home addresses, home telephonephone numbers, and Social Security numbers.¢ 2

INSTRUCTIONS TO STAFF 340:2-1-55

Revised 7-1-109-15-18

1.(a) The local personnel file may include copies of materials maintained in Human ResourcesResource Management Division (HRMD) (HRM) files, such as:

(1) Form 11PE012E, Application for Employment;

(2) Secretary of State (SOS) Form 100, Loyalty Oath;

(3) copy of Social Security card;

(4) Consolidated Omnibus Budget Reconciliation Act (COBRA) Form Notice of Right to Continue CoverageEmployee and Non-employee Acknowledgment of Confidentiality; and

(5) Form 11AD133E, Employee and Non-employee Acknowledgment of Confidentiality.Conditions of Employment; and

(6) the Personnel Action Report.

(b) The local administrator is responsible for the maintenance of local personnel files for all staff assigned to the county.

2.The items listed in this Instruction are filed and maintained in HRMDHRMpermanently or as indicatedaccording to Oklahoma Department of Human Services (DHS) records disposition schedules.Local office files include copies of forms originating in its officewithin the offices.Personnel records are separated into active, current DHS employees, or inactive, when the employee separated from DHS employment:.

(1) active - those now in the employment of the Oklahoma Department of Human Services (OKDHS), files maintained by optical imaging in Records and Archives;

(2) inactive - those separated from employment, files deleted of duplicate correspondence when separated from OKDHS are imaged and placed in storage; and

(3) supervisory documentation – such as, informal notes on performance, corrective discipline, timekeeping, and any other pertinent documents relevant to employee's performance or that may be considered by the supervisor in evaluation of the employee's performance.These are not open records but may be subject to review. No information is contained in such files that has not be discussed with or provided to the employee.

3.Supervisory documentation.This includes informal notes on performance, corrective discipline, timekeeping, and any other documents relevant to the employee's performance or that may be considered by the supervisor in evaluation of the employee's performance.These are not open records but may be subject to review or disclosure during litigation discovery.No information is contained in such files that was not discussed with or provided to the employee.

340:2-1-58. Reduced services and temporary office or facility closures

Revised 5-13-109-15-18

(a) Reduction of servicesdue to hazardous weather conditions.Based on authorization received from the Oklahoma Department of Public Safety (DPS) appropriate authority, the Oklahoma Department of Human Services (OKDHS)(DHS) may reduce client services available to clients during hazardous weather conditions, per Oklahoma Administrative Code 260:25-15-70 and 260:25-15-71, as well as clarification from the Office of Management and Enterprise Services Human Capital Management Division (HCM) Memorandum 16-01.

(1) OKDHSDHS is responsible for maintaining its essential functions and client services regardless of weather conditions.¢ 1

(2) Services provided by OKDHSDHS hot lines, institutions, shelters, and other residential care facilities are not reduced during hazardous weather conditions.

(3) The Commissioner of Public Safety is the appropriate authority for agencies and offices within the seven-county region of the Oklahoma City metropolitan area, which is Canadian, Cleveland, Lincoln, Logan, McClain, Oklahoma, and Pottawatomie Counties.

(4) The DHS Director or designee is the appropriate authority for DHS offices outside the seven-county region of the Oklahoma City metropolitan area.

(b) Temporary office closings due to imminent peril or other unsafe working conditions.

(1) An OKDHSA DHS office may be temporarily closed because of an imminent peril threatening the public health, safety, or welfare.¢2

(2) All or a portion of an OKDHSinstitution shelter or residential care facilitya DHS24-hour facility may be closed because of an imminent peril threatening the health, safety, or welfare of residents. Residents are relocated to other institutions or facilities as appropriate.¢2

INSTRUCTIONS TO STAFF 340:2-1-58

Revised 5-13-109-15-18

1.Refer to OKDHS:2-1-33.1 regarding Oklahoma Department of Human Services (OKDHS) regulationsDHS:2-1-33.1 for procedures and employee responsibilities when services are reduced due to hazardous weather conditions.Also refer to Merit Rules OAC 530:10-15-70 and 530:10-15-71.OAC Oklahoma Administrative Code 260:25-15-70 and 260:25-15-71.

2.(a) Examples of reasons for temporarily closing an office, institution, or residential care facility are:

(1) leaks of toxic fumes in buildings;

(2) life-threatening damage to building structures;

(3) emergency operations that would be disrupted by the presence of the usual work force; or

(4) any other condition that posesconditions posing a significant threat to the safety of clients, residents, or the work force.

(b) Refer to OKDHS DHS:2-1-33.1 regarding OKDHS regulations for procedures and employee responsibilities when offices or facilities are temporarily closed.Also refer to Merit Rules,OAC 530:10-15-70 and 530:10-15-71260:25-15-70 and 260:25-15-71.

PART 7. RECRUITMENT, SELECTION, AND PLACEMENT POLICY AND PROCEDURES

340:2-1-75. Policy on equalEqual opportunity for employment

Revised 7-1-089-15-18

(a) The Oklahoma Department of Human Services (OKDHS)(DHS) is an equal opportunity employer and has as its employment goal the recruitment, selection, and placement of persons most likely to become productive, motivated employees.To accomplish this goal, procedures designed to meet the hiring process objectives include:

(1) recruiting qualified applicants who havewith the general knowledge, skills, and abilities to perform the variety of work available in OKDHSDHS;

(2) selecting persons who meet minimum qualifications and can perform the essential functions and who are or will become successful employees of OKDHSDHS;

(3) placing employees in positions suited to their qualifications where they are successful in providing a variety of services to the citizens of Oklahoma;

(4) ensuring that all employment decisions are based on job-related qualifications and consistent with applicable laws, rules, policies, procedures, and regulations governing such actions; and

(5) providing OKDHSDHS employees opportunities for career development and advancement opportunity consistent with this policy.

(b) In the administration of the employment policies and practices, OKDHS doesDHS employment policies and practices do not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, national origin, disability, or political affiliation or opinion.OKDHSDHS takes affirmative action to ensure that applicants and employees are treated in a non-discriminatory way.Such employment actions include, but are not limited to, hiring, promotion, demotion, or transfer, recruitment, or recruitment advertising, layoff, or termination, rates of pay, or other forms of compensation, and selection for training.

(c) The policiesrules in this Part apply throughout OKDHSDHS, except where a separate policy has beenrule is issued, or a pilot is being tested,as provided in OAC 340:2-1-76(10)per Oklahoma Administrative Code 340:2-1-76(9).

340:2-1-76. Appointments and changes in employee classification not subject to vacancy posting provisions

Revised 7-1-109-15-18

Unless otherwise indicated, theThe local administrator submits Form 11PE031E, Announcement Requisition,a request to the Human ResourcesResource Management Division (HRMD)(HRM) to effectannounce personnel vacancies.¢ 1Appointments and changes in employee job family descriptor (JFD) and level or position not subject to the vacancy notice posting provisions of the policies in this Part are:

(1) temporary appointments;

(2) detail to special duty or other temporary assignments that do not affect an employee's base JFD and level or classification;

(3) intra-agency lateral transfer of a permanent employee from one position to another position in the same JFD and level, in-class, or another JFD in the same pay band;

(4) voluntary and involuntary demotion to a vacant position;

(5) direct reclassification made when a new JFD is adopted that better describes an incumbent's job;

(6) position reallocation;

(7) career progression promotions;

(8) positions limited to the prescribed length of time of the course of training or extension study;

(9) positions where OKDHSthe Oklahoma Department of Human Services (DHS) has elected to establish separate policies or to test pilot rules within specific organizational units, and where such policies are publicized prior to implementation;

(10) positions converted from the classified to the unclassified service, or from the unclassified to the classified service by appointment, reinstatement, or position reallocation of an incumbent in accordance with applicableper Merit System of Personnel Administration Rules (Merit Rules) and OKDHSDHS policy and procedures;

(11) transfer of an employee, position, or both, from one work organization to another; and

(12) positions in the unclassified service.The OKDHSDHS Director may waive the vacancy posting provisions of this policy for positions in the unclassified service.Approval of a waiverWaiver request approval may not be delegated, except for unclassified lawyer positions exempt from OKDHS vacancy posting procedures.

INSTRUCTIONS TO STAFF 340:2-1-76

Revised 6-1-089-15-18

1.When there is a decision to fill a position, the local administrator prepares Form 11PE031E,anAnnouncement Requisition,announcement requisition and other necessary documents and submits the documents to Human ResourcesResource Management Division (HRMD) ensuring compliance with state and OKDHSOklahoma Department of Human Services policies, procedures, and practices, including Equal Employment Opportunity (EEO) guidelines.

340:2-1-77. Vacancy posting procedures

Revised 7-1-109-15-18

(a) Vacancy posting decision. All vacant positions in the classified service are posted in accordance withper the rules in this Section prior to the filling of such vacancies except as provided in OAC 340:2-1-76Oklahoma Administrative Code (OAC) 340:2-1-76.¢ 1

(b) Vacancy posting for positions in the classified serviceClassified service vacancy announcements.¢ 2

(1) Each postingannouncement is posted for a minimum of ten workingsix-business days excluding holidays and weekends.with the exception that positions that generally have aAnnouncements without a satisfactory pool of applicants may beapplicant pool are posted for a minimum of six working10-business days.

(2) Listings of recruitment announcements are posted on the Oklahoma Department of Human Services (OKDHS) InfoNet under Employee Self-Service and the external http://www.okdhs.org/ Web siteAn adequate applicant pool means having 10 or more qualified applicants on an open competitive announcement that is maintained by the Office of Management and Enterprise Services Human Capital Management Division, per OAC 260:25-9-111.

(c) Vacancy posting for positions in the unclassified serviceUnclassified service vacancy announcments.PositionsAnnouncements in the unclassified service are posted for application, except as provided in OAC 340:2-1-76(12).The process outlined in this Section may be used or, at the discretion of the appointing authority, applications may be solicited through newspapers, journals, or other recruiting methods.¢ 2

(d) Notification of cancellation.A vacancy posting may be canceled at any time by the OKDHSOklahoma Department of Human Services Director, Human Resource Management (HRM),senior administrator, divisiondeputy director, arearegional director, or local administrator, or HRMD.Notice of cancellation is provided to HRMDHRM.IfWhen the cancellation occurs before Form 11PE076E, Applicant List,the list of applicants is issued to the local administrator, then HRMDHRM notifies all applicants of the cancellation.IfWhen the cancellation occurs after Form 11PE076Ethe list of applicants is issued to the local administrator, the local administratorhe or she notifies all applicants on Form 11PE076E and any other contacted applicants from the Office of Personnel Management (OPM) E-List.

(e) Vacancy posting extension of application period.IfWhen a decision is made to extend the posting period beyond the initial request, a new announcement number is not required.The requesting official coordinates the extension of the announcement with HRMDHRM.All requests to extend the announcement period are made to HRMDHRM while the announcement is still open.

(f) Reposting of an announcement.To repost a positionan announcement, a new vacancy postingrequest is issued by HRMDmade to HRM.¢ 3

INSTRUCTIONS TO STAFF 340:2-1-77

Revised 7-1-109-15-18

1.See OKDHS:2-1-96Refer to Oklahoma Department of Human Services (DHS):2-1-96 for additional information regarding filling vacancies.The Human ResourcesResource Management Division (HRMD)(HRM) maintains an announcement file for each position announced.The local administrator or the selecting official also maintains a local file for each position announced for that unit.In a human services center (HSC), the county director maintains the announcement folder for local staff positions housed in the HSC.The announcement file must be retained for a period of two years.IfWhen legal action is filed, documents are retained for two years after the exhaustion of all legal remediesinvolving the announcement is commenced, these documents must be retained for two years after the exhaustion of all legal remedies.

2.Each vacancy posting is enteredlisted on the Oklahoma Department of Human Services (OKDHS) InfoNet, Employee Self Services and on the OKDHS Web site, http://www.okdhs.org/ at the job announcement link http://apps6.okdhs.org/Jobs/Pages/Intro.aspx, each Office of Management and Enterprise Services Human Capital Management (HCM) website.Each vacancy posting must include:

(1) the vacancy announcement number;

(2) the specific unit location;

(3) the time limits for filing an application;

(4) the official Office of Personnel Management (OPM)HCM job family descriptor (JFD) and code, whether the position is classified or unclassified, and if the position may be filled at an alternate hiring level;

(5) the number of vacancies;

(6) the pay band for classified positions or salary grade for unclassified positions; salary range; and pay differential, ifwhen applicable;

(7)(6) a brief description of the position's essential and marginal functions or major work duties and the location to access minimum job qualifications;

(8)(7) any required or preferred job-related, non-discriminatory special factor(s) or consideration(s), whichthat may be taken into consideration in making the selection decision.

(A) Examples of required special factors or considerations are whetherwhen:

(i) a probationary or trial period is required;

(ii) extensive travel is required;

(iii) the position requires 24-hour on-call duty; and

(iv) selective qualifications are specified for the position.Selective qualifications for the position are approved by OPMHCM when an E-list is utilized.HRMDHRM has approval authority when an E-listeList is not used.

(B) Examples of preferred special factors or considerations are:

(i) program experience for professional, supervisory, or administrative positions in a specific program area; and

(ii) education, experience, or certifications necessary for compliance with federal or state regulations; or

(iii) accreditation standards; and

(9)(8) a statement regarding eligibility for consideration, such as whetherif recruiting is restricted to OKDHSDHS employees or whether external applicants may be considered;

(10) the name and address of the person or office where written application is submitted;

(11) a procedure for filing a written application; and

(12) a statement that OKDHS is "AN EQUAL OPPORTUNITY EMPLOYER."

3.IfWhen a position has beenwas previously posted for announcement and not filled and contained anOPM-approvedan HCM-approved selective qualification, any changes in selective qualification must be approved by OPMHCM prior to reposting the vacant position.

340:2-1-78. Method of application

Revised 7-1-089-15-18

(a) Application for classifiedClassified employment or reinstatementapplication.Persons seeking initial appointment in the classified service must apply through the Office of Personnel Management (OPM) for specific posted job announcementsonline.An online application must be received by 11:59 p.m. on the date the announcement closes, to be considered for an interview.Applicants must meet the minimum education and experience qualifications for the positions, and, if required, must complete merit testinga supplemental questionnaire.¢1

(b) Receipt of application informationPermanent, classified or former permanent classified employees eligible for reinstatement.An application must be received at the location specified for submission in the job announcement by 5:00 on the announcement closing date, using Form 11PE012E, Application for Employment.To be considered for an interview, an interagency applicant who elects to use Form OPM-4B, Personal Data Summary Sheet, in lieu of Form 11PE012E is required to complete Form 11PE021E, Additional Application Information, provided by the Human Resources Management Division (HRMD).If Form OPM-4B is utilized, the job announcement number and means to contact the applicant must be provided.Persons seeking interagency and reinstatement appointments must apply online.The application must be received by 11:59 p.m. on the closing date of the announcement to be considered for an interview.Applicants must meet the minimum education and experience qualifications for the position.¢1 & 2

(c) Lateral or demotion transferUnclassified service.A permanent, classified OKDHS employee may submit a written request to the local administrator to voluntarily transfer to a specific position which has not been announced.¢32The Oklahoma Department of Human Services may post positions in the unclassified service per Oklahoma Administrative Code 340:2-1-76(12).Persons seeking an unclassified appointment must apply online.An application must be received by 11:59 p.m. on the date the announcement closes, to be considered for an interview.

(d) Unclassified service.OKDHS may post positions in the unclassified service per OAC 340:2-1-76(12).

(1) If the announcement is restricted to OKDHS employees, any current or former OKDHS employee, including temporary service, may apply using Form 11PE012E.

(2) If the announcement is open to applicants from all sources, any applicant may apply by submitting:

(A) Form 11PE012E; or (A).

(B) a resume with a cover letter or transmittal document that identifies the announcement number and a means to contact the applicant.A Form 11PE021E provided by HRMD must be completed to be considered for an interview.

(e) Submission options.A valid employment application must be received at the location designated for submission in the job announcement by 5:00.Options for submission include:

(1) e-mail.Attach completed application to e-mail and send to jobs@DHS.org.Receipt is acknowledged within one workday.Signature is not required at the time of submission when sent by e-mail, but signature is required if invited to interview;

(2) fax.Send application to 405-521-6902.Application must be signed;

(3) mail.Including UPS overnight express.Send to OKDHS DHS Attn: HRMD HRM, P. O. Box 25352, Oklahoma City, OK 73125.Application must be signed; or

(4) overnight express with a carrier other than USPS.Send to OKDHS DHS, HRMD HRM, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma.Application must be signed.

INSTRUCTIONS TO STAFF 340:2-1-78

Revised 7-1-109-15-18

1.The procedures, listed in (1) – (4) of this Instruction, apply to application processing.

(1) Any applicant on an E-list must complete Form 11PE012E, Application for Employment, before the applicant is interviewedmust have successfully completed an online application and meet minimum qualifications.

(2) The interviewing official advisesconfirms with the applicant of thethat an authorization forto release of the information pursuant to a background investigationscheck is contained onwithin the employmentForm 11PE012Eapplication.

(3) The interviewing official or local administrator is responsible for preparing Form 11PE006E, Form Letter to Employment Reference, or Form 11PE007E, Form Letter to Personal Referencethe employment reference or letter of personal reference.The applicant has a right to review the information obtained from these inquiries.

(4) Applications of persons not selected are maintained for two years or in the event of legal action involving an application, these documents must be retained for two years after the exhaustion of all legal remedies.

2.Interagency or reinstatement applicants invited to interview do not count toward the minimum requirement that five current classified Oklahoma Department of Human Services (OKDHS) employees be invited to interview.

3.The local administrator may elect not to accept and approve an employee's voluntary request to transfer.Human Resources Management Division (HRMD) Human Resource Management must review the employee's qualifications to ensure he or she meets minimum requirements prior to a final decision to accept an employee's transfer request.

340:2-1-79. Eligibility to compete for positions in the classified service positions

Revised 7-1-109-15-18

(a) Eligible applicants must possess the required minimum education and experience for the job family descriptor (JFD) and level and any announced selective qualifications within 30 calendar days of the closing date of an announcement.

(b) IfWhen the vacancy posting indicates Oklahoma Department of Human Services (OKDHS)(DHS) employees only, then an applicant must be a:

(1) current permanent, classified OKDHSDHS employee;

(2) former permanent, classified OKDHSDHS employee with current permanent, classified status withat another state agency;

(3) current unclassified, OKDHSDHS employee with reinstatement eligibility to the classified service; or

(4) former permanent, classified OKDHSDHS employee with reinstatement eligibility to the classified service.

(c) IfWhen the vacancy posting indicates all sources then applicants must:(eList), a public announcement is made that allows any person to be recruited and compete

(1) meet any of the criteria listed in subsection (b) of this Section;

(2) be a current permanent, classified employee with another state agency; or

(3) be a former permanent, classified employee with another state agency with reinstatement eligibility to the classified service.

(d) IfWhen the vacancy posting is for a JFD which has been approved by the Office of Personnel Management (OPM)Management and Enterprise Services Human Capital Management Division (HCM) under the Model Project agreement, indicating all sources, then any applicant meeting the education and experience requirements may apply directly to the location indicated in the job announcementmay apply online.

(e) IfWhen the vacancy posting indicates all sources, after complying with OACOklahoma Administrative Code 340:2-1-84(b), the selecting official may consider applicants from an OPM E-ListHCM eList.

340:2-1-81. Issuing Applicant List and E-ListeLists

Revised 9-15-159-15-18

(a) Human Resource Management (HRM) prepares Form 11PE076E, Applicant List, the list of applicants for the announced position.Applicants are screened to determine eligibility.¢ 1

(b) When the position is in the classified service and announced as a classified position, applicants may be considered from all sources.The local administrator may request that HRM issue an Office of Management and Enterprise Services Human Capital Management (HCM) Division E-ListeListfor the announced job family descriptor and level, and authorized announced alternate hiring level, as applicable.The selecting official:

(1) must use Form 11PE076E the internal list of applicants; and

(2) may use the regular HCM E-ListeList that includes the:

(A) Priority Reemployment E-List eList; and

(B) Free List, Optional Program for Hiring Applicants with Disabilities.

INSTRUCTIONS TO STAFF 340:2-1-81 [REVOKED]

Revised 9-15-15

1.Selecting officials are required to utilize Form 11PE076E, Applicant List, issued by Human Resource Management; provided the selecting official has not made an offer of employment to a selected applicant.

340:2-1-82. Job-related selection criteria

Revised 7-1-109-15-18

(a) At the time a decision is made to fill a position, the supervisor of the position is responsible for reviewing and determining job-related selection criteria based on the duties of the position.These job-related selection criteria are used to develop interview questions and any other selection procedures, such as skill assessments, simulations, or case studies.The Human Resources Resource Management Division (HRMD)Human Resource Management is available to assist with development of interview questions.

(b) The selecting official is normally in the program's upper organizational structure for the position being filled.The selecting official is identified on Form 11PE076E, Applicant List, when it is returned to HRMD.

(c) The selecting official considers local affirmative action goals and reviews the job-related information in paragraphsmust consider (1) through (3) of this subsection when selecting applicants for interview and making the selection decision.¢ 1Job-related information is:

(1) Form 11PE012E, Application for Employment or resumethe application for employment;

(2) the employee's most recent Form OPM-111, Performance Management Process (PMP), which must be considered ifperformance evaluation, when available.Selection advisory committees may also review earlier Forms OPM-111performance evaluations only when done consistently for all applicants; and

(3) work histories, if when available, job-related references, and other job-related documents may be considered ifwhen done consistently for all applicants.

(d) The selecting official is responsible for validation ofvalidating an applicant's work experience and education history, and determining if the applicant meets the minimum qualifications for the position.

(e) A felony conviction,does not exclude an applicant from being hired as an employee of the State of Oklahomaby itself, is not sufficient cause to prevent an applicant from being considered for employment with the State of Oklahoma.The underlying crime and its circumstances; however, may be taken into account when determining whether it is appropriate to make a conditional offer of employment per the Governor's Executive Order 2016-03.Before making a conditional job offer to an applicant with a felony conviction, written approval in the form of a memo or e-mailemail must be obtained from the division directorsenior administrator or the executive officer to whom the division directorsenior administrator reports.This approval is included in the official personnel file.

INSTRUCTIONS TO STAFF 340:2-1-82

Revised 7-1-109-15-18

1.Local administrators or persons higher in the organizational structure in a given program area may serve as selecting officials.

2.To verify the applicant's credentials for employment and personal references, the selecting official may utilize Form 11PE006E, Form Letter to Employment Reference, and Form 11PE007E, Form Letter to Personal Reference, and send a written request on Oklahoma Department of Human Services (OKDHS) letterhead, or make direct contact by telephone.

(1) When an employer or reference requires the applicant's written permission prior to providing information about the applicant, the selecting official attaches a copy of page 4 of Form 11PE012E, Application for Employment, to the written request and sends it to the employer or referenceauthorization to release information about an applicant, the selecting official provides the reference a copy of the signature page from the employment application.

(2) The selecting official may designate a staff member to conduct credentials verification and reference checks.

(3) The selecting official documents his or herany attempts to obtain references and employment verifications when contacts do not cooperate or fail to respond.

3.The selecting official ensures that all information used to aid in determination of the selection process is justified and documented.

(1) IfWhen a bachelor's degree is the minimum requirement for a position, the selecting official must review a copy of the transcript or a signed registrar's letter affirming the degree has beenwas awarded.

(2) Job-related factors, such as results of an interview, credentials, work history, skills assessments, and references may be usedconsidered.

(3) A value is assigned to each factor used in the selection process. The interview factor is no less than one-third, but no more than one-half of the overall assessment.

4.When the selecting official considers an applicant with a felony conviction the hiring decision must include consideration of the position's duties, the nature of the criminal offense, and the date of conviction.Some positions have employment bans due to the nature of the criminal infraction. Other positions may fall underprohibit employment due to prior findings related to abuse, neglect, or exploitation, for example, the Nursing Home Care Act, Section 1-1950.1(F)(1) of Title 63 of the Oklahoma StatutesSection 1-1950.1 of Title 63 of the Oklahoma Statutes.

340:2-1-83. Selection advisory committee for positions in the classified servicepositions

Revised 7-1-109-15-18

(a) A committee is established by the selecting official or designee to provide assistance in the consideration, interview, and selection process of applicants for any classified supervisory, managerial, or Fair Labor Standards Act (FLSA) exempt position.Upon request, the requirement for a committee may be waived.A waiver request, including justification, must be submitted to the Human Resources Management Division (HRMD)Human Resource Management director for consideration.IfWhen there is only one applicant, a committee is not required.The selecting official is responsible for ensuring the interview time, date, and location are timely conveyed to applicants selected for interviews.

(b) Initial and any subsequent committees must have at least three members, one of whom must be from outside thea program or divisionunrelated to of the vacant position.¢ 1

(c) The selecting official does not serve as a member of any initial committee.

(d) A selection advisory committee is not required for entry-level and nonsupervisory positions.When a local administrator elects to use a committee for such positions, there is no minimum member requirement and the requirement for one member to be from outside thean unrelated program or division is waived. The selecting official may delegate responsibility for conducting interviews or include otherindividual staff members in the interview process for entry-level and nonsupervisory positions as an alternative to use of a committee.

(e) This procedureA selection advisory committee may be utilized when filling an unclassified position, although it is not a requirement.

(f) Oklahoma Department of Human Services (DHS) employees must complete an approved training course related to job interviews and the selection process prior to serving on a selection advisory committee.

(g) A former DHS employee or a community partner may be asked to serve on a selection advisory committee.These individuals are not required to complete an approved training course related to job interviews and the selection process, but cannot chair the committee.

INSTRUCTIONS TO STAFF 340:2-1-83

Revised 7-1-109-15-18

1.The procedures for the selection advisory committee are described in (1) through (6) of this Instruction.

(1) The selecting official may delegate to the committee review of all applicant materials, and the decision as to which applicants are to be interviewed.The committee members participate in all applicant interviews before a selection recommendation is made.

(2) The selecting official appoints one committee member from a program outside of the division of the position being filled.

(A) When, due to location or organizational structure, it is an inefficient or ineffective use of Oklahoma Department of Human Services (OKDHS)(DHS) resources to appoint a committee member from another programoutside of the division, the selecting official:

(i) first documents his or her efforts to obtain a committee member from outside the divisionprogram; and

(ii) then chooses a committee member outside of the program area of the position being filled.For example, if a county director is filling a vacant position in Family Support Services and is unable to efficiently and timely obtain the services of someone from outside of Field Operations Division (FOD), the county director may use a committee member who works in another FOD program area, such as Child Welfare.

(B) A county director from another county may not be used as the third committee member from outside the program area of the position being filled, as county directors are responsible for all FOD programs in their counties.

(C) The selecting official may utilize a person outside of OKDHSDHS as a committee member.

(3) The initial committee, after considering all applicants and interviews, recommends and provides job-related information regarding the applicants' qualifications to the selecting official.Any subsequent committees also provide a list of recommendations and job-related information regarding the applicants' qualifications to the selecting official.

(4) The selecting official must review Form 11PE076E, Applicant Listthe list of applicants, with the local administrator before submitting Form 11PE076Eit to the Human ResourcesResource Management Division (HRMD)(HRM).The committee recommendations are not binding on the selecting official.

(5) IfWhen the selecting official does not select one of the applicants recommended by the committee, then a decision not to accept the committee recommendations is documented in writing by the selecting official and reviewed with the local administrator or the selecting official's immediate supervisor.The written documentation is maintained in the local announcement folder.

(6) The selecting official or local administrator provides the name, job family descriptor, level, and work location of each committee member on the selection report section on Form 11PE076E submitted to the HRMDHRM.

340:2-1-84. Interviews for positions in the classified service [REVOKED]

(a) If there are five or fewer applicants who are current Oklahoma Department of Human Services (OKDHS) employees on the Form 11PE076E, Applicant List, they are all invited for an interview.¢ 1Applicants who decline an invitation to interview do not need to be replaced.If five or fewer applicants are on Form 11PE076E, all are offered an interview.Applicants interviewed within the last six months for the same job family descriptor and level by the same selecting official or identical selection advisory committee need not be interviewed again.Such prior interviews are considered toward meeting the minimum interview requirement.

(b) When a position is announced as open to applicants from all sources, after complying with the rules in subsection (a) of this Section, interviews may be conducted at the discretion of the selecting official from the Office of Personnel Management (OPM) E-List and Fair Employment Practices Act (FEPA) List.

(c) If interviews have not been completed and an amended applicant list is issued, the procedures described in (1) and (2) apply.If the number of current OKDHS employees invited to interview:

(1) did not meet the agency requirement to invite five, any OKDHS employees added to the eligible list must be invited to interview; or

(2) met the agency requirement to invite five, it is the selecting official's discretion as to whether to extend an invitation to any current OKDHS employees added to the eligible list.

(d) The selecting official at his or her discretion may fill the position, cancel, or reannounce the position.

(e) The selecting official is responsible for ensuring that the interview time, date, and location are conveyed to applicants selected for interviews.

(f) a permanent classified employee of OKDHS or any other agency is responsible for submitting the most recent finalized Form OPM-111, Performance Management Process (PMP), at the time the interview is held, unless required to provide it prior to the interview.

(g) an OKDHS employee interviewed through these procedures is considered on duty when prior supervisory notification is given and he or she is currently a permanent status employee. Travel expenses are the responsibility of the employee. Time away from duty to interview for a position outside of OKDHS is charged as annual leave.

340:2-1-85. Final selection

Revised 7-1-109-15-18

(a) The selecting official may fill the position, cancel the announcement, or reannounce the position.The local administrator is responsible for completing Form 11PE076E, Applicant List, obtaining reviews or approvals from higher management levels, ensuring compliance with the Oklahoma Department of Human Services (DHS) rules and Merit System of Personnel Administration rules governing the selection process and forwarding the completed Form 11PE076Elist of applicants immediately to the Human ResourcesResource Management Division (HRMD) upon the employee's acceptance of a conditional job offer In a human services center, the county director is responsible for reviewing Form 11PE076E to ensure compliance with the Oklahoma Department of Human Services (OKDHS) policy and Merit System of Personnel Administration Rules governing the selection process and signing the form to indicate the review has taken place.¢ 1

(b) The selecting official is responsible for ensuring the salary approved for the selection is in compliance with OACOklahoma Administrative Code 340:2-1-87.

(c) The selected applicant is notified of the conditions of employment using Form 11PE009E, Conditions of Employment, and if the appointment is accepted the form is filed in the official personnel fileThe selecting official ensures internal applicants and any applicants contacted from the eList are notified of the final selection decision.

(d) The selecting official ensures that all applicants on the Form 11PE076E are notified of the final selection decision.

INSTRUCTIONS TO STAFF 340:2-1-85

Revised 7-1-109-15-18

1.(a) Intra-agency transfer.In completing an intra-agency transfer, the gaining unit contacts the current unit to determine the effective date.The current unit may retain the employee up to 28 calendar days from the date of notification to a supervisor within the employee's chain-of-command.

(b) Coordination.The local administrator or designee of the gaining unit contacts the selected applicant to formally offer the person the job.If the selected applicant accepts the job, the local administrator coordinates the effective date with the applicant.

(c) Interagency transfers and reinstatements.If When the selection results in an interagency transfer or reinstatement, the local administrator of the gaining unit contacts Human ResourcesResource Management Division (HRMD) to confirm starting salary before making a conditional job offer.

(d)(b) Reinstatements.Written notice of probationary status is required for the reinstated employee prior to entering on duty when a probationary period is utilized.

(e) Responsibility of current unit.The local administrator of the current unit notifies the employee of the report date to the new location.The local administrator of the current unit ensures Form OPM-111, Performance Management Process (PMP), is finalized with the employee.

(f) Informing applicants.The recommended applicant is informed that the recommendation is subject to administrative approval and Office of Personnel Management (OPM) approval, if applicable.

340:2-1-88. Alternate hiring levels

Revised 7-1-109-15-18

(a) Alternate hiring levels are authorized by the Office of Personnel Management (OPM)Management and Enterprise Services Human Capital Management Division into a job family where there are bona fide traineebasic, entry, trainee, or similar lower job family levels for full performance jobs, or where the Oklahoma Department of Human Services (OKDHS)(DHS) experiences recruiting difficulties for a specific job family descriptor (JFD) and level.¢ 1

(b) Hiring at the alternate hiring level may be a result of a position reallocation decision, vacancy announcement, or actions exempt from the announcement process.Position reallocation alternate hiring level is authorized if the position incumbent is ineligible for reclassification due to qualifications, status, examination, or if the employee is in a trainee status and has not completed a prescribed training program and is performing duties below the full performance level.¢ 2

(c) Employees hired at an alternate hiring level may progress to the next level upon completion of probation, if applicable, and upon meeting minimum education, experience, and licensure requirements.

INSTRUCTIONS TO STAFF 340:2-1-88

Revised 7-1-109-15-18

1.The administrator recommending the alternate hiring level of a position by an employee in a lower class than the position is allocated to is responsible for ensuring that:

(1) the action is accompanied by a corresponding modification in the duties and responsibilities of the position;

(2) duties assigned to the employee are in substantial agreementconsistent with the class specification for the alternate hiring level; and

(3) a request to establish career progression alternate hiring level within a job family descriptor is submitted in writing to the Human Resources Resource Management Division.

2.The immediate supervisor advises the employee of the conditions of the career progression alternate hiring level assignment.

340:2-1-89. Office of Personnel Management and Enterprise Services Human Capital Management Division(OPM) E-ListeList - classified service

Revised 7-1-089-15-18

(a) General provisions.This Section provides basic information regarding Office of Personnel Management (OPM) E-ListsManagement and Enterprise Services Human Capital Management Division (HCM) eLists.For assistance, consult Merit System of Personnel Administration Rulesrules (Merit Rules) OAC 530:10-9Oklahoma Administrative Code 260:25-9 or contact the Human ResourcesResource Management Division (HRMD)(HRM).

(b) Required procedures and forms to be completed by OPME-List applicantsfor HCM eLists.

(1) applicantsApplicants for competitive and non-competitive positions apply using the Internet On-line ApplicationState of Oklahoma online application for Employmentemployment through the Office of Personnel Management (OPM)HCM website.

(2) all applicants interviewed from an OPM E-List for a competitive classification or non-competitive classification, complete Form 11PE001E, Application for EmploymentInterviews may be conducted at the discretion of the selecting official from the HCM eList.

(3) The individual selected for appointment completes Form 11PE201E, Application SupplementInterview notification letters sent by email are sent at least four-calendar days prior to the interview date.The applicant's response to the invitation to interview must be received within 72 hours from the date of the email.

(c) Submission of OPME-ListHCM eList and support documentation to personnelHRM.

(1) The selecting official returns Form 11PE201E, Application Supplement, and the properly coded OPM E-ListHCM eList to HRMDHRM for finalization of the personnel transaction.

(2) Interview notification letters sent to candidates on the OPM E-List must be postmarked no later than seven calendar days before the void date of the OPM E-List; or, if sent by e-mail, the notification is sent to candidates at least three calendar days prior to the void date.If no applicant is selected from the HCM eList, the HCM eList must be returned to HRM, prior to the void date.

(3) If an applicant is not selected from the OPM E-List, the OPM E-List must be returned to HRMD.

(d) Review of returned OPME-ListHCM eList.

(1) HRMDHRM retains the OKDHS file copy of the OPME-ListHCM eList.

(2) OPMHCM audits E-Liststhe eLists for compliance with Merit Rules after the selected candidate enters on duty.OPMHCM has authority to void any appointment that does not complynot compliant with Merit Rules.

340:2-1-93. Applicants who have previously been discharged from classified employment in the classified service

Revised 7-1-109-15-18

Before making a bona fide job offer to any previously discharged state employee, written approval in the form of a memo or e-mailemail must be obtained from the director of the hiring divisionsenior administrator or the chiefexecutive officer to whom the division directorsenior administrator reports.This approval is included in the official personnel file.¢ 1

INSTRUCTIONS TO STAFF 340:2-1-93

Issued 7-1-109-15-18

1.Involuntary discharge from the classified service does not bar a former employee from applying for appointment under the reinstatement provisions of the Office of Personnel Management (OPM)Human Capital Management Merit System of Personnel Administration Rules (Merit Rules).The Human ResourcesResource Management Division (HRMD) contacts OPMHCM to verify reinstatement eligibility.IfWhen the applicant is a former state employee who was discharged, this information is included with the application.