COMMENT DUE DATE:
January 2, 2008
DATE:
December 13, 2007
Cathy Hansen Admin Ser (405) 521-6801
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 07-31
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 3. Internal Human Resources
OAC 340:2-1-33 [REVOKED]
SUMMARY:The proposed revision to Subchapter 1 of Chapter 2 revokes a rule that is internal Oklahoma Department of Human Services (OKDHS) procedure.Internal regulations compliant with Merit Rule OAC 530:10-7-12 and the Fair Labor Standards Act will replace this rule.
PERMANENT APPROVAL:Permanent rulemaking approval is requested.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:David Shafer
Chief Administrative Officer
Date:October 19, 2007
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 3. Internal Human Resources
OAC 340:2-1-33 [REVOKED]
(Reference APA WF 07-31)
Contact:Cathy Hansen 405-521-6801
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revision to Subchapter 1 of Chapter 2 revokes a rule that is internal Oklahoma Department of Human Services (OKDHS) procedure.
Strategic Plan impact.The proposed rule revocation supports the goal to continuously improve systems and processes to achieve OKDHS goals.
Substantive changes.
340:2-1-33 is revoked as the rule is internal OKDHS procedure.
Reasons.The proposed rule revocation is needed to remove internal OKDHS procedure from rules.
Repercussions.If the proposed revisions are not implemented, OKDHS will have codified language that is internal procedure.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.
Permanent approval.Permanent rulemaking approval is requested as OKDHS finds compelling public interest torevoke a rule that is internal OKDHS procedure.
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:OKDHS employees and the general public will not be affected by the proposed revocation of the rule and will bear no costs associated with revocation of the rule.
C.A description of the classes of persons who will benefit from the proposed rule: OKDHS employees and the general public will benefit by revocation of the rule as OKDHS rules will be more concise.
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: The revocation of the rule does not have an economic impact on the affected entities. There are no fee changes associated with the revocation of the rule.
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: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be less than $20. The revocation of the rule will result in enhanced rules as material that is internal OKDHS procedure will be removed from rules.
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 rule revocation does not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required.
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 non-regulatory 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 proposed revocation of the rule.
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: The revocation of the rule will not have an effect on the public health, safety, and environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rule revocation is not implemented, OKDHS will have codified language that is internal procedure.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 19, 2007.
SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT DIVISION (HRMD)
PART 3. INTERNAL HUMAN RESOURCES
340:2-1-33. Fair Labor Standards Act rules [REVOKED]
(a) Statement of policy.It is the policy of the Department of Human Services to comply fully with the provisions of the Federal Fair Labor Standards Act (FLSA), as amended.Managers, supervisors, and employees are responsible for making every effort to accomplish essential work within the regularly assigned 40 hours per week.Any overtime worked by FLSA non-exempt employees must be necessary to the continued effective operations of the Department and is managed in the most efficient and economical manner possible.Any overtime worked by FLSA non-exempt employees is compensated in accordance with the Fair Labor Standards Act and these policies and procedures.
(1) It is the policy of the State of Oklahoma and the Department of Human Services to utilize work week adjustments whenever possible to avoid overtime work by FLSA non-exempt employees, and, where work week adjustments are not possible, to grant employees compensatory time at the rate of one and one-half times the number of overtime hours worked.Payment for overtime work is only made as required by the FLSA, state law, or merit rules, or when authorized by the Director or designee.Any delegation of authority to approve overtime payments must be made in writing.
(2) FLSA exempt employees are normally expected to accomplish their assigned duties within the regular work week.However, when this is not possible, such employees are expected to devote whatever time is necessary to fulfill their responsibilities.Compensatory time or overtime pay for FLSA exempt employees is only granted in exceptional circumstances and when authorized by the Director.The Office of Personnel Management approves any overtime payments for FLSA exempt employees.
(3) Local administrators are responsible for ensuring that the rules and regulations governing overtime work, including the OPM policy guidelines for the Fair Labor Standards Act, DHS FLSA policies and procedures, and bulletins and publications provided by the U.S. Department of Labor, are available for review by Department employees.
(b) Coverage of employees.A list of DHS classifications indicating the FLSA exempt or non-exempt designation is found in DHS Appendix E-3, List of All Job Classes with FLSA Designation.Classifications which indicate an asterisk (*) under the FLSA column are reviewed on an individual basis to determine whether the position is exempt or non-exempt.Employees occupying positions so designated submit Form OPM-39, Position Description Questionnaire, through appropriate supervisory channels, to the Human Resources Management Division (HRMD), Employee Services Unit for a decision concerning the FLSA status of the position.Additionally, employees and supervisors who believe a position within their authority is incorrectly designated request a review using the same procedure.
(1) FLSA exempt employees.The Fair Labor Standards Act provides definitions for positions which are professional, administrative, or executive, and exempts those positions from the FLSA.These definitions are included in the OPM FLSA Policy Guidelines, and are reviewed should a question arise concerning the FLSA status of a particular position.Employees occupying FLSA defined administrative, executive, and professional positions are exempt from the overtime provisions of the Fair Labor Standards Act, and are designated as "FLSA Exempt."
(2) FLSA non-exempt employees.All DHS employees, regardless of status or type of service, who are not included in the administrative, professional, or executive exemptions are subject to the provisions of the FLSA and designated as "FLSA non-exempt."
(c) FLSA compliance.FLSA compliance is described in (1) - (2) of this subsection.
(1) Staff training and technical assistance.The DHS FLSA Compliance Officer of the HRMD, Employee Services Unit has primary responsibility for conducting internal audits and complaints investigations, providing training and technical assistance to staff concerning the requirements and application of the FLSA, assisting in the resolution of disputes concerning overtime issues, and providing interpretation of FLSA policies, procedures, rules, laws, and regulations in all DHS offices and facilities to ensure compliance with the FLSA.
(2) Audits by U.S. Department of Labor.The Department cooperates fully in investigations by the U. S. Department of Labor (DOL).The local administrator is responsible for ensuring that the Division Administrator for the office or program area under review, the DHS Legal Division, and the Division Administrator for Human Resources Management Division, when appropriate, are immediately notified of any and all contacts by Department of Labor officials.Local administrators are authorized to provide access to records and report to DOL officials as necessary for audit purposes.
