COMMENT DUE DATE:
March 4, 2013
DATE:
January 31, 2013
Kevin Sharp, HRMD (405) 521-6829
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 12-04, 12-07
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
The revocation of OAC 340:2-1-57 was approved by the Governor as an Emergency on June 28, 2012. It is now being proposed as a Permanent rule with an effective date of July 1, 2013.
NOTE:Changes to all other proposed rules listed in the Notice of Rulemaking Intent published in The Oklahoma Register on February 1, 2013 [OAR Docket #13-80] are not being made at this time.
CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 5. Administrative Procedures
OAC 340:2-1-57 [REVOKED]
(Reference APA WF 12-04)
SUMMARY: OAC 340:2-1-57 is revoked as it does not comply with the Governor's Executive Order number 2012-01, signed February 6, 2012.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY: Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; and the Governor's Executive Order 2012-01, signed February 6, 2012.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Diane Haser-Bennett
Human Resources Management Division
Date:January 31, 2013
Re:CHAPTER 2. HUMAN RESOURCES MANAGEMENT DIVISION
Subchapter 1. Human Resources Management Division (HRMD)
Part 5. Administrative Procedures
OAC 340:2-1-57 [REVOKED]
(Reference APA WF 12-04)
Contact:Dena Thayer 405-521-4326
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revision to Subchapter 1 of Chapter 2 revokes OAC 340:2-1-57 as it does not comply with the Governor's Executive Order number 2012-01, signed February 6, 2012.
Strategic Plan impact. The proposed revocation achieves OKDHS goals by providing a safe and healthy environment for employees, contractors, and program recipients.
Substantive changes.
OAC 340:2-1-57 is revoked as it does not comply with the Governor's Executive order number 2012-01, signed February 6, 2012.
Reasons. The proposed revocation allows the Oklahoma Department of Human Services (OKDHS) to comply with the Governor's Executive Order number 2012-01, signed February 6, 2012.
Repercussions. If the proposed revocation is not implemented, OKDHS will not be in compliance with the Governor's Executive Order number 2012-01, signed February 6, 2012.
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; the Governor's Executive Order number 2012-01, signed February 6, 2012.
Emergency approval. Emergency rulemaking approval is requested to comply with the Governor's Executive Order number 2012-01, signed February 6, 2012.
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 rule revocation include, but are not limited to OKDHS staff, contractors, and program recipients.The affected classes of persons will bear no costs associated with implementation of the rule.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are all Oklahomans including OKDHS staff, contractors, and program 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 revoked rule does not have an economic impact on the affected entities. There are no fee changes associated with the revoked 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 rule, which is estimated to be less than $20. The revoked rule will result in improved health for all Oklahomans.
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 in implementation or enforcement of the rule.
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 nonregulatory methods or less intrusive methods for complying with the Executive Order.
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 rule revocation brings the rule into compliance with the Governor's Executive Order 2012-01, positively impacting the health, safety, and well-being of all Oklahomans.
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 not be in compliance with the Governor's Executive Order 2012-01, signed February 6, 2012.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared May 8, 2012; modified January 31, 2013.
SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT DIVISION (HRMD)
PART 5. ADMINISTRATIVE PROCEDURES
340:2-1-57. Tobacco policy [REVOKED]
Revised 7-1-10
In all buildings, offices, and facilities owned, leased, or otherwise occupied by the Oklahoma Department of Human Services (OKDHS), tobacco use is not permitted except in designated areas if available.
(1) Outside use of tobacco.Possession of tobacco in any form within 25 feet of the entrance or exit of any building, office, or facility owned, leased or otherwise occupied by OKDHS is prohibited.
(2) Designation of tobacco use areas.If adequate space exists, the Support Services Division (SSD) director may designate at least one tobacco use area in each building or facility.These areas must be adequately vented to the outside to eliminate smoke in both smoking and nonsmoking areas.SSD determines if adequate space exists and whether ventilation is sufficient to allow an area to be designated for smoking.Tobacco use areas are not used for public business.
(3) State vehicles.All state vehicles owned, leased, or otherwise utilized by OKDHS are considered a non-tobacco use area.
(4) Responsibilities.Administrators and supervisors are responsible for the enforcement of this policy.Appropriate signs such as "No Tobacco Use Within 25 feet of Building" are posted. ¢ 1
INSTRUCTIONS TO STAFF 340:2-1-57
Revised 7-1-10
1.Tobacco cessation programs.The Oklahoma Department of Human Services (OKDHS) wellness coordinator, with the cooperation of chief officers, division directors, area directors, resource center directors, and other administrators or supervisors, provides information on tobacco cessation programs and encourages employees to take advantage of tobacco cessation programs offered by state employee health plans or other entities.
