COMMENT DUE DATE:
December 11, 2017
November 28, 2017
Molly Green, Information Security Administrator 405-522-0541
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
Non-APA WF 17-J
The proposed policy is Non-APA . This proposal is not subject to Administrative Procedures Act
SUBJECT:DHS:2 Administrative Components
Subchapter 7. Office of Inspector General
DHS:2-7-6 is amended to add the definition of an inspector general subpoena, make changes to the process followed by OIG agents in serving civil process, and make changes to OIG agent reporting requirements upon service of civil process.
DHS:2-7-9 is issued to reference the legal authority for issuance of inspector general subpoenas and to establish procedures for OIG agents to obtain subpoenas upon approval of the inspector general and DHS Legal Services as permitted by HB 1888 issuance of new Section 167.2 of Title 56 of the Oklahoma Statutes during the 2017 legislative session.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes.
SUBCHAPTER 7. OFFICE OF INSPECTOR GENERAL
OKDHS:2-7-6. Civil process
(a) Policy.The Oklahoma Department of Human Services (DHS) Office of Inspector General (OIG) commissioned agents promptly and accurately
servesserve civil and administrative process documents, and civil arrest warrants, and inspector general subpoenas, when such service is called for, within the course and scope of an agent's dutiesrequired.
(b) Definitions.The following words and terms, when used in this Section, shall have the following meanings
, unless the text clearly indicates otherwise:
(1) "Administrative process" means documents issuing from DHS supervisors, administrators, and attorneys pertaining to a cause of action related to a DHS employee.
(2) "Civil process" means writs, summonses, mandates, or other documents issuing from a court of law or equity pertaining to a cause of action of a civil nature.
(3) "Inspector general subpoena" means a subpoena for records, or other tangible things, approved by DHS Legal Services and issued by the inspector general.
(c) Service of civil process and inspector general subpoenas.
(1) Only commissioned agents are authorized to serve civil process documents,
and civil arrest warrants, and inspector general subpoenas.
AnA commissioned agent may serve all types of civil process documents and inspector general subpoenas in any manner authorized by Sections 2004 and 2004.1 of Title 12 of the Oklahoma Statutesof the Oklahoma Statutes (12 O.S. §§ 2004 and 2004.1) and 56 O.S. § 167.2. This includes personal delivery of documents to: (A) the person named in the document; (B) any household member over 15 years of age, at the residence of the person named in the document; (C) the person named in the document and a parent, guardian, or other person having care or control of that person when the person named in the document is under 15 years of age; (D) an officer or specified agent of a corporation when the party named in the document is the corporation; and (E) the warden or superintendent of a penal institution when the person named in the document is an inmate.
(d) Service of administrative process.At the inspector general's direction
of the inspector general, ana commissioned agent may serve administrative process documents in any manner referenced .Such documents are served in the manner described in paragraph (2) of subsection (c)(2) of this Section.
Civil and administrative process reportingReporting.
(1) For each civil
process or administrative process document or inspector general subpoena served by OIG, the agent includes certain information, when known, in a unique entry on the OIG control database.Such information includes, the:
(A) date and time the document was received;
(B) type of process;
(C) nature of the document;
(D) source of the document;
(E) name of the party served;
(F) name of the agent assigned to perform the service;
(G) date of the assignment;
(H) court docket number; and
(I) date service is due.
(2) When service of a civil or administrative process document or inspector general subpoena is attempted or completed, the agent updates the original OIG control database entry.Updated information includes, the:
(A) date and time service was completed or attempted;
(B) name of the agent completing or attempting service;
(C) name of the person on whom legal process was served;
the method of service or the reason service was not completed; and
the address where service was completed or attempted.
DHS 2-7-9. Inspector general subpoenas
(a) Legal authority.Section 167.2 of Title 56 of the Oklahoma Statutes (56 O.S. § 167.2) authorizes the inspector general of the Oklahoma Department of Human Services (DHS), when approved by DHS Legal Services (LS), to issue subpoenas in any investigation relating to crimes committed against DHS or crimes committed in the course of any DHS-administered program or Medicaid recipient fraud investigations.
(b) Subpoena requests.
(1) An Office of Inspector General (OIG) commissioned agent may request a subpoena to obtain information, when:
(A) the information is protected by confidentiality laws; or
(B) a person, business, firm, corporation, company, or agency fails to comply with an official request for information.
(2) The OIG commissioned agent submits a subpoena request and supporting affidavit to his or her supervisor for review.
(3) When the OIG commissioned agent's supervisor approves the subpoena request and affidavit, he or she submits both documents to DHS LS for review and approval.
(4) DHS LS reviews the information contained within the subpoena request and supporting affidavit to determine if:
(A) the investigation is within OIG jurisdiction;
(B) the requested information is relevant or material to the investigation; and
(C) there is reasonable suspicion to believe the person to whom the subpoena is issued has access to the information being sought.
(5) When the subpoena request is approved, DHS LS prepares a subpoena and submits it to the inspector general for final review.
(6) When the subpoena request is not approved, DHS LS submits an explanation of disapproval to the inspector general.
(c) Subpoena issuance and approval.
(1) Information included in a subpoena includes, but is not limited to:
(A) the recipient's name;
(B) the type of information requested;
(C) contact information for the person to whom the requested information is to be returned; and
(D) the date by which the recipient must respond.
(2) The inspector general reviews the subpoena request, affidavit, and subpoena to determine if issuance is approved.
(3) When the inspector general approves a subpoena, an agent may attempt subpoena service, per DHS:2-7-6.
(d) Subpoena enforcement. The DHS inspector general, with the assistance of DHS LS, enforces compliance with subpoenas, per 56 O.S. § 167.2.
(e) Subpoena records.OIG retains paper or electronic copies of all inspector general subpoena requests, affidavits, subpoenas, and proofs of service, per DHS Records Disposition Schedules.