Okla. Admin. Code § 380:30-3-3.1

Current through Vol. 42, No. 3, October 15, 2024

Section 380:30-3-3.1 - Orders of Determination and Notices of Dismissal

(a) The Department shall issue an Order of Determination pursuant 40 O.S. § 165.7 requiring the respondent to pay the claimant the wages due and unpaid, or liquidated damages, if any, or both, upon investigation of the facts contained in the complaint, the documents provided by the claimant, and the documents provided by the respondent, and upon determination of the facts necessary to prove the following:

(1) Proof of notice of the claim to the respondent.

(2) The existence of an employer-employee relationship between the claimant/employee and the respondent.

(3) Date and time of employment of the claimant/employee, for the respondent.

(4) Non-payment of wages due the claimant, for the date and time of employment proved in subparagraph (3).

(5) Failure to pay wages due the claimant by the respondent for the period of time, as required by law, for assessment of liquidated damages against the respondent.

(b) The Department shall dismiss the claim upon determination that the agency lacks jurisdiction over the claim, that the claim is unjustified according to statute or rules, that the evidence obtained during the investigation is insufficient to support the claim, or that the agency is unable to obtain proper notice of the claim upon the respondent.

(c) The Department shall deliver the Order of Determination or Notice of the dismissal of the claim to the claimant at the last address provided in writing to the Department, and to the respondent at the address to which notice of the claim was delivered, or at the service address for respondent as shown on the records of the Secretary of State of the State of Oklahoma, or the last address provided in writing by the respondent to the Department. The Order of Determination shall be sent by certified U.S. mail, return receipt requested. The Notice of Dismissal shall be sent by First Class U.S. Mail.

Okla. Admin. Code § 380:30-3-3.1

Added at 15 Ok Reg 2711, eff 6-25-98