COMMENT DUE DATE:
March 3, 2009
DATE:
February 12, 2009
Kevin Sharp HRMD (405) 521-6829
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 09-05
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 7. Recruitment, Selection, and Placement
OAC 340:2-1-83 [AMENDED]
(Reference APA WF 09-05)
SUMMARY:The purpose of the proposed revision to OAC 340:2-1-83 of Chapter 2 clarifies language for selecting employees in entry-level nonsupervisory positions.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and 250 et seq. of Title 75 of the Oklahoma State Statutes.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Diane Haser-Bennett, Division Director
Human Resources Management Division
Date:February 18, 2009
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 7. Recruitment, Selection, and Placement
OAC 340:2-1-83 [AMENDED]
(Reference APA WF 09-05)
Contact:Kevin M. Sharp, Prgms. Admin. 405-521-6829
A.Brief description of the purpose of the proposed rule:
The purpose of the proposed revision to Subchapter 1 of Chapter 2 clarifies language for selecting employees in entry level non-supervisory positions.
Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by making language more understandable by the citizens of Oklahoma.
Substantive changes.
OAC 340:2-1-83 is amended to clarify language for selecting employees in entry level non-supervisory positions.
Reasons.The proposed revisions clarify language.
Repercussions.None
Legal authority.Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and 250 et seq. of Title 75 of the Oklahoma State Statutes.
Permanent approval.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 rules are person making applications for employment.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 person seeking employment with OKDHS.
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 revised rules 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: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services, and will have a positive impact on clients or families.
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 rules 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 non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for complying with this provision.
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 rules will bring the rules into compliance with state law which will have a positive impact on the health, safety, and well-being of the citizens of Oklahoma.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: None
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 19, 2008.Modified February 18, 2009 for permanent rulemaking.
SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT DIVISION (HRMD)
PART 7. RECRUITMENT, SELECTION, AND PLACEMENT
340:2-1-83.Selection advisory committee for positions in the classified and unclassified service
Revised 6-26-03 6-25-09
(a) A committee is established by the selecting official or designee to provide assistance in the consideration, interview, and selection process of candidates for any classified supervisory or managerial position.Upon request, the requirement for a committee may be waived.A waiver request, including justification, must be submitted to the Human Resources Management Division (HRMD) director for consideration.If there is only one candidate, a committee is not required.
(b) Initial and any subsequent committees must have at least three members, one of whom must be from outside the program or division of the vacant position.
(c) The selecting official does not serve as a member of any committee.
(d) The requirements of this subsection are waived for non-mandated committees convened at the discretion of the local administrator.A selection advisory committee is not required for entry-level and nonsupervisory positions.When a local administrator elects to use a committee for such positions, there is no minimum member requirement and the requirement for one member to be from outside the program or division is waived. The selecting official my delegate responsibility for conducting interviews or include other staff members in the interview process for entry-level and nonsupervisory positions as an alternative to use of a committee.¢ 1
(e) This procedure may be utilized when filling an unclassified position, although it is not a requirement.
INSTRUCTIONS TO STAFF 340:2-1-83
Revised 6-1-08 6-25-09
1.The procedures for the selection advisory committee are described in (1) through (6).
(1) The selecting official may delegate to the committee review of all candidate materials, and the decision as to which candidates are to be interviewed. The committee members participate in all candidate interviews before a selection recommendation is made.
(2) The initial committee, after considering all candidates and interviews, recommends and provides job-related information regarding the candidates' qualifications to the selecting official.Any subsequent committees also provide a list of recommendations and job-related information regarding the candidates' qualifications to the selecting official.
(3) The selecting official must review Form 11PE076E, Applicant List, with the local administrator before submitting Form 11PE076E to the Human Resources Management Division (HRMD).The committee recommendations are not binding on the selecting official.
(4) If the selecting official does not select one of the candidates recommended by the committee, then a decision not to accept the committee recommendations is documented in writing by the selecting official and reviewed with the local administrator or the selecting official's immediate supervisor.The written documentation is maintained in the local announcement folder.
(5) The selecting official or local administrator provides the name, job family descriptor, level, and work location of each committee member on selection report section on Form 11PE076E submitted to the HRMD.
(6) Selecting officials select one committee member from outside of the division of the position being filled.However, due to location and organizational structures, such as within Field Operations Division (FOD), this is not always an efficient or effective use of Oklahoma Department of Human Resources (OKDHS) resources.In such cases, the selecting official, after documenting his or her efforts to obtain a committee member from outside the division, may choose a committee member outside of the program area of the position being filled.For example, if a county director is filling a vacant position in Family Support Services and is unable to efficiently and timely obtain the services of someone from outside of FOD, the county director may use a committee member who works in another FOD program area, such as Child Welfare.A county director from another county must not be used as the third committee member from outside the program area of the position being filled, as county directors are responsible for all FOD programs in his or her county.
