Okla. Admin. Code § 340:1-11-12

Current through Vol. 42, No. 7, December 16, 2024

Section 340:1-11-12 - Complaint policy and procedures, retaliation, and confidentiality

(a) Any person or group who believes they were subjected to discrimination in an Oklahoma Human Services (OKDHS) program subject to Oklahoma Administrative Code (OAC) 340:1-11-1 may make a complaint of discrimination in person, by representation, by phone, or by written communication. The complainant has a right to file a complaint of the alleged discriminatory action(s) with OKDHS, the Food and Nutrition Service (FNS), or with the Department of Health and Human Services-Office for Civil Rights (DHHS-OCR).

(b) For Supplemental Nutrition Assistance Program or service-delivery complaints, refer to OAC 340:1-11-20.

(c) Employees or applicants for employment have the right to file a complaint of alleged discriminatory employment action(s) with any or all of the entities listed in (1) through (3) of this subsection. The complainant may file with:

(1) OKDHS within 180-calendar days. When the complaint is filed directly with OKDHS, at the State Office, a local county office, or at a facility, representatives of that office or facility explain both the federal and state complaint systems and advise the complainant of his or her right to file in either, or both, systems;

(2) the Oklahoma Attorney General's Office for Civil Rights Enforcement within 180-calendar days; or

(3) the Equal Employment Opportunity Commission within 300-calendar days.

(d) Any person who expresses an interest in filing a complaint or files a complaint is protected from retaliation.

(e) OKDHS conducts a prompt and thorough complaint investigation. The Office for Civil Rights (OCR) administrator determines if discrimination occurred. When discrimination occurred, OKDHS takes all necessary action to correct the discriminatory practice(s). The complainant is timely advised of OKDHS findings regarding his or her complaint and is advised of the right to appeal to DHHS-OCR, or FNS, when not satisfied with the OKDHS decision. Records are maintained that include the nature of the complaint, the investigation details, and the OKDHS actions taken.

(f) When the complaint is initially filed with DHHS-OCR, that office may investigate the complaint utilizing its own resources.

(g) The complainant's identity is kept confidential, except to the extent necessary to conduct the investigation, hearing, or judicial proceeding. Violations of confidentiality are subject to corrective discipline.

(h) Any applicant or recipient who expresses an interest in filing a complaint or files a complaint may do so without fear of reprisal, intimidation, coercion, or threats. No person is adversely affected because they made a charge, testified, assisted, or participated in any manner in an investigation, review, proceeding, or hearing per this Section.

(i) Information concerning any complaint is only given to persons who have a need to know as determined by the Oklahoma Human Services OKDHS Director or the OCR administrator. Violations of confidentiality are subject to discipline per OKDHS: 2-1-7 Discipline.

Okla. Admin. Code § 340:1-11-12

Amended at 15 Ok Reg 860, eff 2-1-98 (emergency); Amended at 15 Ok Reg 1587, eff 5-11-98; Amended at 15 Ok Reg 2085, eff 5-20-98 (emergency); Amended at 16 Ok Reg 1006, eff 4-26-99; Amended at 18 Ok Reg 1177, eff 5-11-01

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023