Okla. Admin. Code § 612:1-15-6

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

Section 612:1-15-6 - Revision of administrative rules and internal policy

(a)Purpose of Administrative Rules and Internal Policy. Agency rules and internal policy communicate the expected standards for staff conduct and provide the necessary direction for carrying out the agency's mission. The intent of rules and internal policy is to provide a common basis for decision making so that individuals can expect equitable treatment when dealing with the agency. DRS rules and internal policy are public documents, maintained as part of the DRS Internal Policy Manual by the DRS Policy Administration and Development Section the Oklahoma Administrative Code by the Office of Administrative Rules, in the Secretary of State's Office, so that the public will have the opportunity to know the mission of our program and how this agency intends to carry out that mission.

(b)DRS Staff Responsibility. DRS staff are expected to be thoroughly familiar with agency rules and internal policies pertaining to their conduct and program.

(1) Supervisors and managers are responsible for ensuring that staff under their supervision are familiar with all rules and internal policies and updates, and that their staff receive training on rules, internal policies and updates.

(2) Staff are expected to use professional judgment in conducting the agency's business. The rules and internal policies of this agency are to inform and guide the professional judgment and conduct of staff. When a staff person needs guidance in making a decision, the first step is to consult agency rules and internal policy.

(c)Policy Administration and Development Section Responsibility. The Policy Administration and Development Section is charged with assuring that the Department complies with the Administrative Procedures Act. This responsibility includes:

(1) Ensuring that all emergency and permanent rules are promulgated in accordance with the APA.

(2) That the public receives proper notice of the Department's intent to adopt, amend, or revoke rules so that opportunity is provided for public and consumer input during the rulemaking process.

(3) Management of the promulgation process for the Department in an efficient and effective manner that complies with the APA.

(4) The Project Coordinator of the Policy Administration and Development Section or designee, shall serve as the Department's liaison to the Office of Administrative Rules in the Office of the Secretary of State. The administrator will also designate a staff member to act in the capacity of back-up liaison.

(5) The Project Coordinator of the Policy Administration and Development Section or designee, shall also serve as the attestation officer, as delegated by the Oklahoma Commission for Rehabilitation Services, for purposes of 75 O.S., Section 254. The administrator will also designate a staff member to act in the capacity of back-up attestation officer.

(d)Drafting of New or Revised Rules. In compliance with the Administrative Procedures Act, new rules may be developed or an existing rule revised utilizing the following procedures:

(1) Each Division Administrator, Unit Administrator, and School Superintendent is responsible for ensuring that Departmental rules for his or her program conform to the requirements of applicable statutes and regulations, and are effective in achieving their program's mission.

(2) When a program administrator, or the Director, decides there is a need to draft a new rule, or to amend an existing rule,

(A) The program administrator will initiate drafting content through whatever method deemed most effective by the administrator. Policy Administration and Development staff are available to provide guidance if requested.

(B) The program administrator will provide to Policy Administration and Development staff the completed draft content, the reasons for changing the rule and any budgetary impact these changes may incur.

(C) Policy Administration and Development staff will format the draft content in accordance with APA standards. Once drafted, Policy Section staff will consult with the program administrator concerning any needed revisions and produce a revised draft.

(D) Revised draft rules will be distributed to Executive Team members for further review and response. Comments and suggestions for revision will be provided to the program administrator. The program administrator shall consider the comments and suggestions for inclusion and may revise the content again if appropriate.

(E) The program administrator will provide the latest draft version to the Policy Administration and Development Section. Policy Administration and Development staff will provide this draft version to agency staff for comment.

(F) Agency staff shall be notified via e-mail that a draft rule is available for comment. The notification will include:

(i) Identification and summary of the draft rule;

(ii) General instructions on where the draft rule can be accessed;

(iii) How to submit comments, and the due date for submission of comments, and;

(iv) Where to direct questions about the draft rule.

(G) Policy Administration and Development staff will collect and collate agency staff comments and develop a summary. The collated comments and the summary will be provided to the originating program administrator for consideration.

(H) The program administrator will decide on what rule changes to make in response to the submitted comments, if any. The program administrator will also draft responses to the comments, which will at a minimum explain any instance in which staff recommendations were not adopted and will send the response to the Policy Administration and Development so it can be forwarded to the respective commentator.

(I) Policy Administration and Development staff will work with the program administrator to finalize draft rule. This step will include a final check by the program administrator for consistency with existing rules, regulations, and applicable statutes. The program administrator may consult with legal counsel. Policy Administration and Development staff will obtain authorization from the appropriate program administrator to proceed with promulgation of the draft rules.

(J) When the draft rule pages are submitted to the Policy Administration and Development section for promulgation, the draft rule is then referred to as a proposed rule.

(e)Adoption of New or Revised Rule. Proposed rules must be approved by the DRS Commission prior to submission for promulgation. Proposed rules for the Business Enterprise Program must also be approved by the Rehabilitation Services Administration prior to submission for promulgation.

(1) Policy Administration and Development staff will submit the proposed rule and/or notice, including executive summary and resolution, to the Director for review and to the Commission support staff by the established deadline for inclusion in the Commission meeting packet.

(2) The originating administrator, with the assistance of the Policy Administration and Development Project Coordinator or designee, will be responsible for the presentation of proposed rules at the Commission meeting. Once proposed rules are presented to the Commission for approval their content will not be changed unless so ordered by the Commission.

(3) Upon adoption of the proposed rule by the Commission, Policy Administration and Development staff will manage the promulgation process.

(f)New or Revised Internal Policy. New internal policies may be developed or an existing internal policy revised utilizing the following procedures:

(1) Program administrators may submit proposed internal policy additions or revisions to the division administrator, superintendent or director. A draft of the proposed internal policy will be reviewed by legal counsel for consistency with existing law.

(2) Once approved by the director and legal counsel, the proposed internal policy with a proposed "DRS: " citation will be submitted to the Policy Administration and Development Project Coordinator or designee who will be responsible for the presentation to the Commission. Proposed internal policies may be submitted for review and discussion only or for immediate adoption at the director's discretion.

(3) Once adopted by the Commission, the internal policy will be published in the Internal Policy Manual by the Policy Administration and Development Section.

(g)Effective Dates of Internal Policy and Rule Revisions. The effective dates of internal policy and rule revisions will be determined as follows:

(1) The effective date will be noted in the section history of the adopted internal policy or rule. Internal policies or rules can only be applied prospectively from their effective date.

(2) Internal policies become effective immediately upon adoption by the Commission.

(3) Permanent rules become effective ten days after they are published in the Oklahoma Register pursuant to the APA. DRS permanent rules will usually be published following the legislative session. If a later date is specified in statute, or in the rules, the later date will become the effective date.

(4) Emergency rules become effective immediately or at a stated date after certification by the Governor. The Governor has forty-five calendar days from the date rules are submitted to review them.

(5) Policy Section staff will notify the appropriate Division Administrator, Superintendent, and the Director of approvals.

(h)Permanent Rules; Modification Limitations. Once the Governor and Legislature have approved the rules, they may only be modified or revoked through the rulemaking process. The APA states that any agency shall not by internal policy, memorandum, or other action not otherwise authorized by the APA:

(1) amend, interpret, implement or repeal a statute or a rule;

(2) expand upon or limit a statute or rule; and;

(3) except as authorized by the Constitution of the United States, the Oklahoma Constitution or a statute, expand or limit a right guaranteed by the Constitution of the United States, the Oklahoma Constitution, a statute, or a rule.

(i)Petition Requesting Promulgation. Per the APA, any interested person or group may petition the Department requesting the promulgation, amendment, or repeal of a rule.

(1) The petition must be submitted in writing to the Director of the Department of Rehabilitation Services at the Department's state office. A request to amend or repeal a rule will include a copy of the rule in question.

(2) The Department shall act upon such a request within a reasonable time period; however; if the Department does not initiate rulemaking proceedings within 30 calendar days of receiving the request, the petition will be considered to have been denied.

Okla. Admin. Code § 612:1-15-6

Adopted by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020