COMMENT DUE DATE:
February 14, 2020
DATE:
January 15, 2020
Brent Oldland, Human Resource Management 405-522-6008
DenaThayer, Programs Administrator, Legal Services - Policy 405-521-4326
Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703
RE:
APA WF 20-2D
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 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 1. Human Resource Management
Part 5. Administrative Procedures
340:2-1-56 [AMENDED]
Part 7. Recruitment, Selection, and Placement Policy and Procedures
340:2-1-76 [AMENDED]
(Reference WF 20-2D)
SUMMARY:The proposed amendments to Chapter 2, Subchapter 1 amends the rules to comply with Senate Bill (SB) 830, effective November 1, 2018, Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162) and to add language regarding who within the Oklahoma Department of Human Services may waive the vacancy posting provisions for positions in the unclassified service.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; 56 O.S. § 162.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Stacy Pederson
Director Human Resource Management
Date:December 13, 2019
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resource Management
Part 5. Administrative Procedures
340:2-1-56 [AMENDED]
Part 7. Recruitment, Selection, and Placement Policy and Procedures
340:2-1-76 [AMENDED]
(Reference WF 20-2D)
Contact:Brent Oldland, Human Resource Management, 405-522-6008
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments to Chapter 2, Subchapter 1 amends the rule to comply with Senate Bill (SB) 830, effective November 1, 2018, Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162) and to add language regarding who within the Oklahoma Department of Human Services may waive the vacancy posting provisions for positions in the unclassified service.
Strategic Plan Impact.
The proposed amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:2-1-56 is revised to comply with SB 830, effective November 1, 2018, 56 O.S. § 162.
OAC 340:2-1-76 is revised to add language regarding who may waive the vacancy posting provisions for positions in the unclassified service.
Reasons.
The proposed amendments are made to comply with SB 830, effective November 1, 2018, 56 O.S. § 162.
Repercussions.
If the proposed amendments are not implemented, the Oklahoma Department of Human Services (DHS) will not be in compliance with statute.
Legal authority.Director of Human Services; 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 classes of persons most likely to be affected by the proposed amendments are DHS job applicants and employees.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 recipients and employees.
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:One additional full-time employee for a Program Field Representative at $73,010.00 per annum is required and is within the current budget and requires no additional funding.
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 ensure the safety of DHS clients and staff.
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 rule compliant with statutes.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared October 7, 2019; modified December 13, 2019.
SUBCHAPTER 1. HUMAN RESOURCE MANAGEMENT
PART 5. ADMINISTRATIVE PROCEDURES
340:2-1-56. Criminal history background checks
(a) Criminal history background checks are completed for all employees appointed to or transferring to positions that are sensitive or critical in nature or to positions that work directly with children prior to, and when necessary, during their employment when the scope of employment brings them into direct contact with any vulnerable population, per Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162).The job categories within the Oklahoma Department of Human Services (DHS) subject to background searches prior to employment are determined at the discretion of the DHS Director.Criminal history background checks can include, but are not limited to, a search of:
(1) Personnel handling restricted data are considered, for purposes of this Section, to be in a sensitive position.Criminal history checks are completed on designated positions within the Field Operations Division, Children and Family Services Division, Support Services Division, and Developmental Disabilities Services Division.Applicants for positions requiring criminal history checks are advised that, if selected for the position, a favorable criminal history check is required. the Oklahoma State Courts Network, including Oklahoma District Court records;
(2) Divisions are responsible for designation of positions that require criminal history checks.Divisions must consistently obtain criminal histories on any person selected to fill a position requiring criminal history checks. the Restricted Registry maintained by DHS, per 10 O.S. § 405.3;
(3) Criminal history checks are obtained prior to employment for staff of child care facilities when 24-hour, supervised care is provided, as in group homes, and include a search of Department of Corrections files maintained pursuant to the Sex Offenders Registration Act.[10 O.S. § 404.1] the Department of Corrections files maintained by DHS, per the Sex Offender Registration Act;
(4) the Oklahoma Department of Corrections Violent Offender Registry, also known as the Mary Rippy Violent Crime Offender Registry;
(5) DHS abuse and neglect records;
(6) all applicable out-of-state child abuse and neglect registries when the subject of the search did not live in Oklahoma continuously for the past five years; and
(7) the Community Services Worker Registry, per 56 O.S. § 1025.3.
(4)(b) Applicants for positions requiring criminal history background checks are advised any offer of employment is conditional upon completion of a background check that reveals no disqualifying history.
(5) Criminal history checks are also obtained on any Oklahoma Department of Human Services (OKDHS) employee selected for transfer to a position that requires a criminal history check.
(6) Criminal history checks are considered restricted information and are protected accordingly.The results of these investigations are maintained in a separate file and are not made a part of the local or Human Resources Management Division personnel files. The history check is maintained for the duration of employment of the person and for one year from the date of the report for employees who separate from OKDHS.
(7) Certain OKDHS volunteers and health care providers are required to have history checks.
Part 7. Recruitment, Selection, and Placement Policy and Procedures
340:2-1-76. Appointments and changes in employee classification not subject to vacancy posting provisions
The local administrator submits a request to Human Resource Management (HRM) to announce personnel vacancies.Appointments and changes in employee job family descriptor (JFD) and level or position not subject to the vacancy notice posting provisions 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 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 the 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 per Merit System of Personnel Administration Rules (Merit Rules) and DHS policy;
(11) transfer of an employee, position, or both, from one work organization to another; and
(12) positions in the unclassified service.The DHS Director or designee may waive the vacancy posting provisions of this policy for positions in the unclassified service.Waiver request approval may not be delegated.
