Current through Vol. 41, No. 5, November 15, 2023
Section 785:1-11-1 - Complaint evaluation and resolution procedures(a) Upon receipt, each complaint will be logged in by Division and on a central filing system established at the Board. The Chief or Chief's designee of the respective Division shall be immediately advised of the complaint. If the concern presented clearly involves the jurisdictional area of responsibility of another state environmental agency, the Board's staff receiving the written or verbal concern may immediately provide the person expressing the concern contact information for the other state environmental agency, and no further action on the concern will be required by Board's staff.(b) The Division Chief or Chief's designee shall determine the appropriate courses of action to further investigate the facts underlying the complaint. Such actions may include an on-site field investigation, telephone calls, written correspondence, etc. After gathering such facts as necessary and appropriate, the Division Chief or Chief's designee shall review pertinent law and rules, in consultation with the Office of General Counsel, the Assistant Director and/or Executive Director, if necessary, to prepare a response the Board may be able to pursue to resolve the complaint or whether the matter should be referred to another environmental regulatory agency.(c) The Board will notify the complainant by telephone or in writing of the status of the complaint within two (2) working days of receipt of the complaint. A complaint status report form shall also be prepared and forwarded to the Oklahoma Conservation Commission.(d) During the pendency of the fact-finding investigation or of the preparation of the response for action or remedies, the Board shall continue to update the complainant of the status of the complaint at least once a month or such other frequency as determined necessary.(e) After completion of the fact-finding investigation and of the preparation of the recommended response, a written report, approved by the Division Chief or the Chief's designee and if necessary by the Assistant Director or Executive Director, of the same shall be forwarded to the complainant. If the recommended action or remedy includes the initiation of litigation, the matter shall be presented to the Board for consideration of staff's recommendation unless the Assistant Director or Executive Director determines that an emergency exists necessitating the initiation of litigation without prior approval of the Board. In such case, the matter will be presented to the Board at its next meeting for ratification of the action taken.(f) The Board shall mail a written report of the resolution of the complaint to the complainant within seven (7) working days. A complaint status report shall also be prepared and forwarded to the Oklahoma Conservation Commission.
Okla. Admin. Code § 785:1-11-1Added at 10 Ok Reg 3267, eff 6-25-93; Amended at 12 Ok Reg 2663, eff 7-1-95; Amended at 23 Ok Reg 3074, eff 7-27-06