Okla. Admin. Code § 260:40-5-5

Current through Vol. 42, No. 6, December 2, 2024

Section 260:40-5-5 - General complaints

(a) Anyone may complain to the EBD about any matter under its authority. A complaint shall be in writing and shall include the following information:

(1) The name, address and telephone number of the person making the complaint;

(2) The name, address and telephone number of the organization the person represents, if applicable;

(3) The name, address, telephone number and title of any representative of the person filing the complaint;

(4) A brief, clear description of each charge, problem or issue that is the basis for the complaint including names, dates, places and actions;

(5) The numbers and headings of the laws and rules that may apply;

(6) The remedy, if any, the person making the complaint seeks;

(7) The signature of the person making the complaint; and

(8) The date.

(b) If the complaint concerns a matter that has already been resolved by the EBD, the EBD will notify the complainant of the resolution by including a copy of any document that demonstrates resolution of the matter. If the matter is outside the authority of the EBD, the EBD will notify the complainant in writing that the complaint is outside the scope of the EBD's authority.

(c) The EBD may provide others with written notice of the complaint and give them an opportunity to respond in writing within fifteen (15) days. The response must contain all of the following information:

(1) The name, address, and telephone number of the person responding;

(2) The name, address, and telephone number of the organization the person represents, if applicable;

(3) The name, address, telephone number and title of any representative of the person responding;

(4) A specific admission, denial or explanation of each charge;

(5) A brief, clear description of the facts including names, dates, places and actions;

(6) A brief, clear explanation of the reasons for the action (or inaction) that is the basis for the complaint if the person admits to any charge;

(7) The numbers and headings of the laws and rules that may apply;

(8) The signature of the person responding; and

(9) The date.

(d) The EBD or the Director may refer complaints to informal procedures, such as telephone calls, letters, meeting, mediation, investigations or other appropriate procedures.

(e) Unless the EBD or Director determines individual proceedings are necessary, none shall be conducted.

(f) Unless the EBD requires more time, the EBD shall make a decision about a complaint within ninety (90) days after its receipt. If more than ninety (90) days is required to resolve a complaint, the Director shall notify the person filing the complaint and persons filing any responses to the complaint.

Okla. Admin. Code § 260:40-5-5

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014