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COMMENT DUE DATE:  

February 14, 2020

DATE: 

January 15, 2020

Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703

Dena Thayer, Programs Administrator, Legal Services - Policy 405-521-4326

RE:  

APA WF 20-2A

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 amendments are 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 2. ADMINISTRATIVE COMPONENTS

Subchapter 25. Legal Services

Part 1. Legal Services [NEW]

Part 3. Rulemaking [NEW]

340:2-25-11 [NEW]

Subchapter 31. Intergovernmental Relations and Policy [REVOKED]

Part 4. Intergovernmental Relations and Policy [REVOKED]

340:2-31-10 [REVOKED]

Part 5. Rulemaking [REVOKED]

340:2-31-31 through 340:2-31-33 [REVOKED]

(Reference WF 20-2A)

SUMMARY:

Chapter 2, Subchapter 25 creates rules to:(1) reflect reorganization within the Oklahoma Department of Human Service (DHS); and (2) reorganize and make non-substantive changes to improve rule clarity. Subchapter 31 is revoked to remove obsolete Sections.

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); and 75 O.S. §§ 250 through 323.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Ron Baze,General Counsel

Legal Services

Date:December 13, 2019

Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS

Subchapter 25. Legal Services

Part 1. Legal Services [NEW]

Part 3. Rulemaking [NEW]

340:2-25-11 [NEW]

Subchapter 31. Intergovernmental Relations and Policy [REVOKED]

Part 4. Intergovernmental Relations and Policy [REVOKED]

340:2-31-10 [REVOKED]

Part 5. Rulemaking [REVOKED]

340:2-31-31 through 340:2-31-33 [REVOKED]

(Reference WF 20-2A)

Contact:Nancy Kelly, Policy Specialist 405-522-6703

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

Purpose.

Chapter 2, Subchapter 25 creates rules to:(1) reflect reorganization within the Oklahoma Department of Human Service (DHS); and (2) reorganize and make non-substantive changes to improve rule clarity. Subchapter 31 is revoked to remove obsolete Sections.

Strategic Plan Impact.The proposed amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes.

Substantive changes.

Subchapter 25. Office of General Counsel Legal Services

Part 3. Rulemaking [NEW]

Oklahoma Administrative Code (OAC) 340:2-25-11 is created to:(1) reflect reorganization within DHS; and (2) reorganize and make non-substantive changes to improve rule clarity.

Subchapter 31. Intergovernmental Relations and Policy [REVOKED]

Part 4. Intergovernmental Relations and Policy [REVOKED]

OAC 340:2-31-10 is revoked because creating OAC 340:2-25-11 makes it obsolete.

Part 5. Rulemaking [REVOKED]

OAC 340:2-31-31 through 340:2-31-33 are revoked because creating 340:2-25-11 makes them obsolete.

Reasons.The proposed amendments are made to:(1) reflect reorganization within DHS; (2) clarify and simplify rules for clients, DHS staff, and the public; (3) remove unnecessary, incorrect, or obsolete information; (4) and update terminology.

Repercussions.If the proposed amendments are not implemented, clients and the public may notclearly 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 (56 O.S. § 162); and 75 O.S. §§ 250 through 323.

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 the citizens of Oklahoma and the recipients of DHS services. 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 Oklahoma citizens as well as DHS recipients.

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 the public and DHS clients and staff more clearly understand the rulemaking process.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:Implementation of the proposed amendments keeps the rules compliant with state Statutes.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared December 13, 2019.

PART 1. LEGAL SERVICES

PART 3. RULEMAKING

340:2-25-11. Rulemaking

(a) Legal authority.Oklahoma Department of Human Services (DHS) rules are promulgated, per the Oklahoma Administrative Procedures Act (APA), Sections 250 through 323 of Title 75 of the Oklahoma Statutes (75 O.S. §§ 250 through 323) and O.S. 56 § 162.

(b) Rulemaking petition.

(1) Submission.Any individual may petition DHS in writing to request rule promulgation, amendment, or repeal.The rulemaking petition is submitted to DHS Legal Services (LS) Policy by:

(A) mail, to PO Box 25352, Oklahoma City, Oklahoma 73125, Attention: Legal Services Policy; or

(B) delivery, to the Sequoyah Memorial Office Building, 2400 North Lincoln Boulevard, Oklahoma City, Oklahoma.

(2) Form and content.The rulemaking petition must, at a minimum, contain:

(A) a clear statement of the requested action and the petitioner's proposed desired relief or solution;

(B) the Title, Chapter, Subchapter, and Section, when known, or a copy of the existing rule proposed for promulgation, amendment, or repeal;

(C) a statement of supporting facts; including legal grounds including, but not limited to, federal or state statutes, and House of Representatives or Senate bills; and other relevant information or views on which the petitioner relies.

(i) A copy of references or sources cited in the statement is submitted with the rulemaking petition.

(ii) When a petition requests more than one rule revision, a single statement that supports and justifies each proposal meets the requirements of this paragraph;

(D) a description of the class or classes of persons, when known, who will most likely be affected by the proposed revision; and

(E) the petitioner's or authorized representative's printed name, address, phone numbers, and signature.

(c) Consideration and disposition of rulemaking petition.

(1) Rulemaking petition denial.A rulemaking petition is considered denied when DHS does not initiate rulemaking proceedings within 30-calendar days after the petition is submitted, per 75 O.S. § 305.The rulemaking petition is denied, in whole or in part, when the petition:

(A) requests promulgation of a rule that DHS is clearly without authority to promulgate;

(B) requests a promulgation, amendment, or revocation inconsistent with, or in violation of, any applicable constitutional or statutory authority;

(C) requests promulgation, amendment, or revocation of a rule that does not constitute a rule, per 75 O.S. § 250.3(17);

(D) is frivolous or not proposed in good faith; or

(E) proposes a new or amended rule that is not feasible based on available or anticipated DHS resources.When denial is based on feasibility, LS Policy notifies the petitioner of the denial.

(2) Rulemaking petition approval.DHS rulemaking proceedings are initiated when LS Policy submits the approved rulemaking petition to the leadership of any division that may be impacted or affected by the proposed rule promulgation, amendment, or repeal.

(d) Rulemaking petitioner notification.

(1) Rulemaking petition receipt.LS Policy provides written notification of the petition receipt to the petitioner.

(2) Rulemaking petition action.After any action is taken related to the petition, LS Policy provides written notification to the petitioner of:

(A) rulemaking petition denial, in whole or in part; or

(B) initiation of DHS rulemaking proceedings including, but not limited to:

(i) the substance of comments received and any revisions made, including a copy of the revisions; and

(ii) any actions taken.

SUBCHAPTER 31. INTERGOVERNMENTAL RELATIONS AND POLICY [REVOKED]

PART 4. INTERGOVERNMENTAL RELATIONS AND POLICY [REVOKED]

340:2-31-10. Intergovernmental relations and policy [REVOKED]

(a) Purpose.The Office of Intergovernmental Relations and Policy (OIRP):

(1) serves as the liaison between the Oklahoma Department of Human Services (OKDHS) and the state legislature and state agencies;

(2) chairs and staffs the OKDHS Committee on Rates and Standards;

(3) manages OKDHS rules, policy, and procedures; and

(4) ensures policy and other forms of communication comply with federal and state statutes.

(b) Legal authority.OKDHS rules are promulgated per the Administrative Procedures Act, Sections 250.1 through 323 of Title 75 of the Oklahoma Statutes.

PART 5. RULEMAKING [REVOKED]

340:2-31-31. Rulemaking petition [REVOKED]

(a) Submission.Any person may petition the Oklahoma Department of Human Services (OKDHS) in writing to request the promulgation, amendment, or repeal of a rule.

(1) The rulemaking petition is submitted to the OKDHS Office of Intergovernmental Relations and Policy (OIRP) by:

(A) mail to PO Box 25352, Oklahoma City, Oklahoma 73125, Attention, Office of Intergovernmental Relations and Policy; or

(B) delivery to the Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, Oklahoma.

(2) The rulemaking petition is considered submitted upon OIRP receipt.

(A) OIRP date stamps the rulemaking petition to document receipt date.

(B) A rulemaking petition submitted to the Director of Human Services (Director) is forwarded to and considered submitted, upon OIRP receipt.

(b) Form and content.The rulemaking petition must contain:

(1) a clear statement of the requested action and the desired relief or solution;

(2) the Title, Chapter, Subchapter, and Section, if known, or a copy of the existing rule proposed for revision;

(3) a statement of supporting facts, including legal grounds, and other relevant information or views on which the petitioner relies.

(A) A copy of references or sources cited in the statement are submitted with the rulemaking petition.

(B) When a petition requests more than one rule revision, a single statement that supports and justifies each proposed revision meets the requirements of this subsection;

(4) a description of the class or classes of persons, if known, who will most likely be affected by the proposed revision; and

(5) the petitioner or authorized representative's signature, printed name, address, and day time telephone numbers.

(c) Incomplete or revised petition.

(1) When the rulemaking petition does not contain the required information, the petitioner or authorized representative is sent a written request for additional information specifying how the rulemaking petition is deficient.

(2) The petitioner or authorized representative may supplement or revise the rulemaking petition prior to the Director's approval; however, significant revisions may result in withdrawal of the rulemaking petition and require re-initiation of the rulemaking process with a new rulemaking petition.

340:2-31-32. Consideration and disposition of rulemaking petition [REVOKED]

(a) Rulemaking petition review.Within 15 calendar days after receipt of a rulemaking petition to promulgate, amend, or repeal a rule, the Office of Intergovernmental Relations and Policy (OIRP) reviews the petition and after consultation with the Director of Human Services (Director) denies, requests additional information, or initiates rulemaking proceedings.

(b) Rulemaking petition denial.The rulemaking petition is denied, in whole or in part when the petition:

(1) requests promulgation of a rule that Oklahoma Department of Human Services (OKDHS) is clearly without authority to promulgate;

(2) requests a new rule or rule revision inconsistent with or that violates any applicable statutory or constitutional authority;

(3) requests promulgation, amendment, or repeal of an OKDHS policy that does not constitute a rule as defined in the Oklahoma Administrative Procedures Act per Section 250.3(17) of Title 75 of the Oklahoma Statutes;

(4) is frivolous or not proposed in good faith; or

(5) proposes a new or revised rule that is not feasible based on available or anticipated OKDHS resources.When denial is based on feasibility, the OIRP coordinator or designee notifies the petitioner of the denial per OAC 340:2-31-33.

(c) Rulemaking petition approval.OKDHS rulemaking proceedings are initiated when OIRP submits the approved rulemaking petition to the appropriate division director for action.

(1) Within 60 calendar days after the affected division receives the rulemaking petition, the division director places the proposal into the proper rulemaking format, and submits it to OIRP.

(2) The proposal is submitted to the Director within 45 calendar days after OIRP receipt.

(3) Within 30 calendar days after the Director's receipt, the Director recommends approval, disapproval, or amendment of the proposal.

340:2-31-33. Rulemaking petitioner notification [REVOKED]

Within five working days of receipt of the rulemaking petition, the Office of Intergovernmental Relations and Policy (OIRP) coordinator or designee provides written notification to the petitioner of the petition receipt.Within five working days after any action taken related to the petition, OIRP provides written notification to the petitioner of:

(1) rulemaking petition denial, in whole or in part, including the reasons for the denial;

(2) initiation of Oklahoma Department of Human Services (OKDHS) rulemaking proceedings, including the proposed rule revision submission date to the Director of Human Services (Director) for approval;

(3) the substance of comments received and any revisions made including a copy of the revised rule proposed by the division; and

(4) any Director action on the proposed rule revision.

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