COMMENT DUE DATE:
March 19, 2015
DATE:
February 6, 2015
Debra Martin, (405) 521-3027
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 14-15
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
SUBJECT:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 37. Communications
OAC 340:2-37-1 through 340:2-37-5 [AMENDED]
(Reference APA WF 14-15)
SUMMARY:The proposed revisions to Chapter 2 Subchapter 37 update current Oklahoma Department of Human Services (DHS) Office of Communications practices by removing language that is no longer applicable and adding language to better define the purpose and scope of the office.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162).
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Sheree Powell, Director
Communications and Community Relations
Date:January 16, 2015
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 37. Communications
OAC 340:2-37-1 through 340:2-37-5 [AMENDED]
(Reference APA WF 14-15)
Contact: Debra Martin 405-521-3027
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 2 Subchapter 37 update current Oklahoma Department of Human Services (DHS) Office of Communications practices by removing language that is no longer applicable and adding language to better define the purpose and scope of the office.
Strategic Plan Impact.
The rules are revised to meet the Office of Communications strategic plan of improving DHS communications with staff, community partners, key stakeholders, the media, and the general public.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:2-37-1 through 340:2-37-5 is amended to bring rules into compliance with current practices.
Reasons.
The rules 340:2-37-1 through 340:2-37-5 are revised for better communications policies and procedures between DHS staff, community partners, key stakeholders, the media, and the general public.
Repercussions.
DHS staff, stakeholders, community partners, the media, and the general public would not be informed of current Office of Communications policies and procedures.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 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 proposed rules do not have a cost impact on affected persons, DHS, or any public or private entity.
C.A description of the classes of persons who will benefit from the proposed rule: The proposed revisions for 340:2-37-1 through 340:2-37-5 will provide better understanding of proper communications procedures and policies for DHS staff, community partners, key stakeholders, the media and the general public.
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 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 DHS cost of printing and distributing the rules is estimated to be less than $20.The proposed rules will result in enhanced delivery of services to individuals served by DHS.
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 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 achieving the purpose of the proposed rule revisions.
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 proposed rules have no safety risk and will not impact the public health, safety, or environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: The proposed rules will not have a detrimental effect on public health, safety, or environment.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared 6/2/2014; modified January 16, 2015.
SUBCHAPTER 37. COMMUNICATIONS
340:2-37-1. Purpose, authority, and scope
Revised 9-1-15
(a) Purpose.The Office of Communications coordinates the dissemination of information about the Oklahoma Department of Human Services (OKDHS)(DHS).
(b) Authority.The Office of Communications operates under the authority given in Article XXV, Section 4 of the Oklahoma Constitution of the Director of Human Services.
(c) Scope.The Office of Communications:
(1) communicates a clear vision of OKDHS DHS;
(2) conveys to large and varied audiences information about programs, services, operations, and actions undertaken by OKDHS DHS and its agents;
(3) monitors health and human services issues as reported by the media on the state and national levels;
(4) participates in an advisory role in social services-related activities involving to all DHS programs, other state agencies, county and local governments, advocacy groups, community organizations, and trade and professional organizations;
(5) provides support and leadership for OKDHS DHS celebrations and employee quality recognition events;
(6) monitors OKDHS DHS communications-related activities and contracts;
(7) coordinates and monitors OKDHS DHS public service campaigns and provides support for public service and education projects;
(8) serves as the central point of media contact for the media and responds or arranges for a response to all inquiries from newspaper, magazine, radio, online media, and television journalists;
(9) develops and disseminates OKDHS DHS media releases;
(10) provides communications counseling training to OKDHS DHS staff on media relations interviews, public relations, public speaking, and other communications matters;
(11) publishes specified newsletters and serves as executive producers for OKDHS broadcast communications programs and projects information and produces videos for internal employee communication;
(12) monitors and consults on oversees Internet, and Intranet, and other technology-driven communications content to ensure the delivery of clear, concise, cohesive, and accurate messages;
(13) serves as a point of clearance on questionable communication materials and tools;
(14) monitors and ensures the appropriate use of OKDHS DHS brands, logos, and other images uniquely associated with the DHS image of OKDHS; and
(15) files required information with the Secretary of State regarding OKDHS open meetings;[OAC 340:1-1-19] and
(16) complies with the Open Records Act through rules governing the receipt and processing of open records requests at OAC from members of the media per Oklahoma Administrative Code 340:2-21-12 through 340:2-21-16.
340:2-37-2. Definitions
Revised 9-1-15
The words and terms in this subchapter shall have the following meanings unless the context clearly indicates otherwise:
"Agent" means a person, group, partner, or entity that is not employed by the Oklahoma Department of Human Services (OKDHS) (DHS), and that works with or has a paying contract with OKDHS DHS.
"Brand" means a name, visual or non-visual image, reflective of the OKDHS DHS mission, vision, and values, that:
(A)creates a positive perceptionin the public mind,;
(B) establishes a market position,; and
(C) is used to carry any message relevant to OKDHS DHS through any medium.
"Technology-driven communications" means electronic communication tools, including e-mail email, audio and video programming, Internet and Intranet content, and public education and service announcements.
340:2-37-3. Confidentiality
Revised 9-1-15
(a) The Office of Communications complies with federal and state statutes and Oklahoma Department of Human Services (OKDHS) (DHS) rules regarding confidentiality of persons applying for or receiving services from OKDHS DHS and their records per Section 1-6-102 of Title 10A of the Oklahoma Statutes [(10 10A O.S. § 7500 1-6-102); 43A O.S. § 10-110; 51 O.S. § 24A.1 et seq.; 56 O.S. § 183;OAC 340:65-1-2; and Oklahoma Administrative Code (OAC) 340:2-21-13].
(b) Form ADM-13 16AD013E, News Media and Media Production Release of Information, is completed when information about or the likeness of an OKDHS a DHS employee, applicant or recipient of OKDHS DHS services, or person(s) volunteering to support the OKDHS DHS mission are used to increase public awareness of OKDHS DHS services, train OKDHS DHS employees or volunteers, or educate persons with an interest in Oklahoma health and human services issues.The person does not receive a royalty or compensation for the use of the information.¢ 1
INSTRUCTIONS TO STAFF 340:2-37-3
Revised 9-1-15
1.Form ADM-13 16AD013E, News Media and Media Production Release of Information, is completed and submitted to the Office of Communications a copy is filed in the employee or service recipient's file prior to the release of any information or the likeness.The Office of Communications may maintain a copy.
340:2-37-4. Spokespersons for OKDHS Oklahoma Department of Human Services (DHS) spokespersons
Revised 9-1-15
(a) Speaker's Bureau. The Office of Communications operates the DHS Speaker's Bureau and Speaker's Bureau Web site are designed to help those needing speakers to find Oklahoma Department of Human Services (OKDHS) DHS employees who can speak present DHS information to groups, organizations, or conferences on behalf of OKDHS. The Web site lists topics, subject matter, experts, and speakers who provide current information regarding OKDHS services and programs to agencies, organizations, or groups.
(b) Local media contacts.
(1) Members of the Oklahoma Commission for Human Services and the OKDHS The Director of Human Services (Director), Office of Communications staff, and other designees are the DHS spokespersons for OKDHS, in accordance with provisions of Article XXV of the Oklahoma Constitution.
(2) The Office of Communications staff are the designated media spokespersons for the Commission and OKDHS Director, and speak for OKDHSon all issues, programs, services, and operations, as appropriate.¢ 1
(3) Officers, division directors, area directors, county directors, and resource center administrators are considered standing spokespersons for OKDHS.These individuals may delegate specific issues to others with more detailed program expertise.
INSTRUCTIONS TO STAFF 340:2-37-4
Issued 9-1-15
1.As appropriate, the Office of Communications arranges statewide media interviews with DHS staff.Staff who are contacted directly by the media are courteous in their interactions and answer questions as they would for any member of the public.Staff contacts the Office of Communications before providing official statements or positions on DHS behalf.The Office of Communications works with staff on official responses and talking points for interviews.
340:2-37-5. Internet and Intranet communications
Revised 9-1-15
(a) Purpose.The Oklahoma Department of Human Services (OKDHS) (DHS) is committed to using electronic technology efficiently and effectively to:
(1) provide Oklahoma citizens and OKDHS DHS employees, clients, and partners with the most current, and accurate, and accessible information about OKDHS DHS programs and divisions services;
(2) inform communicate with contracted service providers in a more efficient and cost-effective manner;
(3) distribute information electronically to save money and production time; and
(4) promote partnerships with organizations that share OKDHS DHS interests.
(b) Applicability.This rule applies to:
(1) OKDHS DHS divisions, programs, and county and area offices; and
(2) all contractors and consultants, including those who operate or maintain Web sites websites for OKDHS DHS entities, through incorporation into contracts.
(c) Scope.
(1)The Office of Communications serves as the OKDHS Web DHS web content manager.¢ 1
(2) Consistent with other leadership responsibilities for public and internal communication, the decision whether to establish a division or program Web site and to publish the Web site is delegated to each division director or designee, with consultation from the OKDHS Web content manager.
(3) All OKDHS Internet and Intranet pages must adhere to OKDHS Standards for the Web located on the OKDHS Intranet as well as this rule.
INSTRUCTIONS TO STAFF 340:2-37-5
Issued 9-1-15
1.(a) The decision to establish a division, office, or program website and to publish the website is delegated to each program director or designee, made in consultation with DHS web content management.
(b) All DHS Internet and Intranet pages must adhere to DHS standards for the web located on the DHS Intranet as well as this Section.
(c) All DHS social media postings for public communication adhere to the DHS Social Networking and Social Media (SNSM) policy.Postings are approved and posted by the DHS Office of Communications.
