COMMENT DUE DATE:
February 14, 2020
January 15, 2020
Addie Osburn, Programs Assistant Administrator 405-521-3529
Dena Thayer, Programs Administrator, Legal Services - Policy 405-521-4326
Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703
APA WF 20-1
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 amendment is permanent.
A public hearing is scheduled for 10:00 a.m. on February 24, 2020, 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 1. FUNCTION AND STRUCTURE OF THE OKLAHOMA DEPARTMENT OF HUMAN SERVICES
Subchapter 11. Civil rights and nondiscrimination
Methods of Administration methods
(Reference WF 20-1)
SUMMARY: The proposed amendment removes the requirement that the designated Oklahoma Department of Human Services (DHS) Office for Civil Rights (OCR) administrator not be organizationally related to DHS personnel administration.Currently, the OCR administrator must report to someone who is organizationally unrelated to DHS personnel administration.The proposed amendment will allow DHS additional options for OCR reporting and supports the Strategic Plan by allowing additional flexibility for the reporting structure and thus increasing staffing efficiencies.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162).
Rule Impact Statement
To:Programs administratorLegal Services - Policy
Civil Rights Administrator, Oklahoma Department of Human Services
Date:December 13, 2019
Re: CHAPTER 1. FUNCTION AND STRUCTURE OF THE OKLAHOMA DEPARTMENT OF HUMAN SERVICES
Subchapter 11. Civil rights and nondiscrimination
Part 1. Methods of Administration methods
(Reference WF 20-1)
Contact:Addie Osburn, Programs Assistant Administrator, 405-521-3529
A. Brief description of the purpose of the proposed rule:
The proposed amendment removes the requirement that the person designated as the Oklahoma Department of Human Services (DHS) Office for Civil Rights (OCR) administrator not be organizationally related to DHS personnel administration.
Strategic Plan Impact.
This change supports the Strategic Plan by allowing additional flexibility for the reporting structure and thus increasing staffing efficiencies.Increased efficiencies of any kind can ultimately promote DHS' ability to serve vulnerable Oklahomans.
Oklahoma Administrative Code (OAC) 340:1-11-4is amended to remove the requirement that the person designated as the DHS OCR administrator not be organizationally related to DHS personnel administration.
Currently, the OCR administrator must report to someone who is organizationally unrelated to DHS personnel administration.There are few available options to meet this requirement.The proposed amendment would allow DHS additional options for OCR unit reporting.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162).
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 DHS Director's appointed OCR administrator.
C. A description of the classes of persons who will benefit from the proposed rule: This amendment brings potential benefit to anyone needing OCR services by allowing OCR to report within a unit where the unit's goals can be most effectively promoted and supervised.
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, separate justification for each fee change: The proposed amendment does not have an economic impact on the affected entities.
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 cost to this proposed amendment and it benefits DHS by staffing flexibility and creating staff efficiencies.
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 amendment does 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: Less costly, non-regulatory, or less intrusive methods are not available for achieving the purpose of the proposed amendment.
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 amendment benefits DHS and its employees by increasing staffing flexibility and creating staffing efficiencies.
J. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed amendment is not implemented, OCR must continue reporting to a person who is organizationally unrelated to DHS personnel administration.This structure uses high level resources which could be better used in other ways.
K.The date the rule impact statement was prepared and, if modified, the date prepared: Prepared October 21, 2019; modified December 13, 2019.
SUBCHAPTER 11. CIVIL RIGHTS AND NONDISCRIMINATION
METHODS OF ADMINISTRATION METHODS
340:1-11-4. Administration responsibilities
(a) The Oklahoma Department of Human Services (DHS) Director assumes full responsibility for compliance, per Oklahoma Administrative Code (OAC) 340:1-11-1.
(b) The DHS Director designates a staff member
not organizationally related to DHS personnel administration as the Office for Civil Rights (OCR) administrator.The OCR administrator is a person who is knowledgeable of civil rights laws.
(c) The DHS Director assigns full compliance responsibility to all DHS administrators, managers, and supervisors.The administrators, managers, and supervisors maintain essential records and files, per OAC 340:1-11-1.
(d) Administrators, managers, and supervisors avail themselves of the OCR administrator's technical assistance and training.Administrators, managers, and supervisors comply with the Methods of Administration designed and prepared by the OCR administrator.
(e) The OCR administrator is responsible for:
(1) developing rules, regulations, and compliance programs, per OAC 340:1-11-1, and disseminating those requirements to:
(C) contractors, vendors, and sub-grantees;
(D) the general public; and
(E) customary referral services;
(2) developing the Methods of Administration;
(3) keeping the DHS Director, administrators, managers, and supervisors informed of nondiscrimination requirements and responsibilities, per OAC 340:1-11-1;
(4) monitoring and evaluating DHS nondiscrimination activities, identifying the need for remedial action and appropriate follow-up review, and submitting reports, as required to the DHS Director, the Department of Health and Human Services-Office for Civil Rights (DHHS-OCR), and the Food and Nutrition Service (FNS);
(5) providing training and technical assistance, and serving as a resource for DHS staff regarding nondiscrimination responsibilities;
(6) assigning OCR personnel to perform compliance reviews and to investigate discrimination complaints;
(7) preparing the annual DHS Affirmative Action Plan;
(8) conducting Americans with Disabilities Amendments Act compliance inspections of DHS facilities and recommending remedial action to the DHS Director and to the facility, when necessary;
appeals of Request Review Committee appeal decisions;
(10) overseeing investigations of discrimination complaints received by the Office for Civil Rights;
(11) acting as the liaison between the DHS Director, DHHS-OCR, FNS, minority and community organizations, and groups advocating for persons with disabilities in all matters concerning nondiscrimination in the DHS delivery of services; and
(12) testifying in matters concerning civil rights before entities, such as boards, commissions, or legislative panels.