COMMENT DUE DATE:
February 14, 2019
DATE:
January 15, 2019
Nancy Kelly, Legal Services 405-522-6703
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Legal Services 405-522-6703
RE:
APA WF 19-2D
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.
A public hearing is scheduled for 10:00 a.m. on February 26, 2019, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 25. Office of General CounselLegal Services
340:2-25-1 [AMENDED]
340:2-25-2 [REVOKED]
(Reference WF 19-2D)
SUMMARY:The proposed amendments to Chapter 2, Subchapter 25 amend the rules to:(1) remove language regarding the Oklahoma Department of Human Services Commission as a constitutional and statutory authority and amend the legal authority; (2) make non-substantive changes to improve rule clarity; and (3) revoke an obsolete Section.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Ron Baze,General Counsel
Legal Services
Date:December 14, 2018
Re:Chapter 2. ADMINISTRATIVE COMPONENTS
Subchapter 25. Office of General CounselLegal Services
340:2-25-1 [AMENDED]
340:2-25-2 [REVOKED]
(Reference WF 19-2D)
Contact:Nancy Kelly, Policy Specialist 405-522-6703
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments to Chapter 2, Subchapter 25 amend the rules to:(1) remove language regarding the Oklahoma Department of Human Services Commission as a constitutional and statutory authority and amend the legal authority; (2) make non-substantive changes to improve rule clarity; and (3) revoke an obsolete Section.
Strategic Plan Impact. The proposed amendments achieve DHS goals by continuously improving systems and processes and improving communication with clients and staff.
Substantive changes.
Subchapter 25. Office of General CounselLegal Services
Oklahoma Administrative Code (OAC) 340:2-25-1 is amended to:(1) remove language regarding the Oklahoma Department of Human Services Commission as a constitutional and statutory authority and amend the legal authority; (2) make non-substantive changes to improve rule clarity;
OAC 340:2-25-2 is revoked because updating OAC 340:2-25-1 makes it obsolete.
Reasons.The proposed amendments are amended to:(1) clarify and simplify rules for clients, DHS staff, and the public; (2) remove unnecessary, incorrect, or obsolete information; (3) and update terminology.
Repercussions.If the proposed amendments are not implemented, clients and the public may not clearly understand DHS rules and DHS staff may misapply the rules.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes.
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 clients and staff.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are DHS clients and staff.
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:The proposed amendments do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:There is no probable cost to DHS.
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:The proposed amendments do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed amendments.
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:Implementation of the proposed amendments are intended to help DHS clients and staff more clearly understand their rights and responsibilities.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed amendmentsare not implemented, DHS clients and staff may not understand their rights and responsibilities as clearly.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared October 24, 2018; modified December 14, 2018.
SUBCHAPTER 25. OFFICE OF GENERAL COUNSEL
340:2-25-1. Purpose and legal authority
(a) The constitutional and statutory authority of the Commission andOklahoma Department of Human Services (DHS) Director for hiring attorneys and establishing a Legal Division,Services (LS) is included in Okla. Const. Art.the Oklahoma Constitution Article 25, ''1-4, 56 O.S. 1991 and Supp. 1993, ''233-236, and 74 O.S. 1991 and Supp. 1993, ''18c and 20f(A)Section 236 of Title 56 of the Oklahoma Statutes (O.S. 56§ 236) and O.S. 74 §§ 18c and 20f(A).
The purpose of this
(b)Subchapter is to describe the functions and responsibilities of the Legal Unit in the Office of General Counsel as well as client/employee responsibilities in legally-related matters.The Legal UnitLS is composed of the General Counsel, deputy general counsel and assistant general counsels, legal assistants, legaland secretaries, and other support staff.The Legal Unit
(c) LS provides consultation, legal opinions, representation, and other legal services to the Oklahoma Human Services Commission, theDHS, the DHS Director,of Human Services, and the Department of Human Servicesand DHS employees.
(d)In addition, in specific situations, the Legal UnitLS may represent present and former employees sued in their individual capacitycapacities in legal actions arising from conduct while in the scope of their DHS employment with the Department of Human Services.The Legal Unit
(e) LS may provide, upon request, two separate functions in regard to legislation.The Legal Unit may review legislation already drafted by a program or division or may draft legislation based upon a requestrequested by a program or division.
340:2-25-2. Legal authority [REVOKED]
The constitutional and statutory authority of the Commission and Director for hiring attorneys and establishing a Legal Division, is included in Okla. Const. Art. 25, ''1-4, 56 O.S. 1991 and Supp. 1993, ''233-236, and 74 O.S. 1991 and Supp. 1993, ''18c and 20f(A).
