Title 530
Office of Personnel Management
Chapter 10 -- Merit System of Personnel Administration Rules
(OPM Full Text As Amended July 1, 2012- UNOFFICIAL)
SUBCHAPTER 1. GENERAL PROVISIONS
PART 1. GENERAL PROVISIONS
Section
530:10-1-1. Purpose
530:10-1-2. Definitions
530:10-1-3. [RESERVED]
530:10-1-4. [RESERVED]
530:10-1-5. Officers and employees to aid and comply
530:10-1-6. Violations; penalties
530:10-1-7. Severability clause
530:10-1-8. Compliance with federal standards, rules or regulations
530:10-1-9. [RESERVED]
530:10-1-10. [RESERVED]
530:10-1-11. Employee roster
530:10-1-12. Review of records of the Office of Personnel Management
530:10-1-13. Conversion to new classification system
PART 3. DELEGATION OF HUMAN RESOURCE FUNCTIONS
530:10-1-30. Delegation authorization
530:10-1-31. Functions which may be delegated
530:10-1-32. [RESERVED]
530:10-1-33. Delegation application
530:10-1-34. [RESERVED]
530:10-1-35. Response from Administrator
530:10-1-36. [RESERVED]
530:10-1-37. Staff qualifications
530:10-1-38. [RESERVED]
530:10-1-39. Training requirements
530:10-1-40. [RESERVED]
530:10-1-41. Standards, procedures, records and reports
530:10-1-42. [RESERVED]
530:10-1-43. Written memorandum of agreement of delegated authority
530:10-1-44. [RESERVED]
530:10-1-45. Changes in personnel
530:10-1-46. [RESERVED]
530:10-1-47. Audit by the Administrator
530:10-1-48. [RESERVED]
530:10-1-49. Corrective actions
530:10-1-50. [RESERVED]
530:10-1-51. Termination or partial revocation of delegation authority
530:10-1-52. [RESERVED]
530:10-1-53. Evaluation
PART 5. MODEL PROJECTS
530:10-1-60. Purpose
530:10-1-61. Authorization of model projects
530:10-1-62. [RESERVED]
530:10-1-63. [RESERVED]
530:10-1-64. [RESERVED]
530:10-1-65. Effect of Merit Rules on model projects
[Authority: Section 840 1.6A of Title 74 of the Oklahoma Statutes]
PART 1. GENERAL PROVISIONS
530:10-1-1. Purpose
(a) Application to the classified service. The Merit System of Personnel Administration Rules, which are also known as the Merit Rules for Employment and the Merit Rules, are the administrative rules which govern classified employment with the State of Oklahoma. They outline many of the rights and responsibilities of applicants, employees, supervisors, administrators and others who are subject to the Oklahoma Merit System of Personnel Administration.
(b) Application to the unclassified service. A number of rules also apply to officers, employees, positions and agencies which are not subject to the Merit System of Personnel Administration, that is, the exempt unclassified or non-merit service. Such rules often contain references as to their applicability.
(c) Rulemaking entities. The Administrator of the Office of Personnel Management has promulgated the Merit System of Personnel Administration Rules which are included in this Chapter. The Merit Protection Commission has promulgated the Merit System of Personnel Administration Rules which are in OAC 455:10.
(d) Statutory authority for the Merit Rules. The authority for the Merit System of Personnel Administration Rules is found in the Oklahoma Statutes which are Oklahoma laws. The primary basis for the Merit Rules is the Oklahoma Personnel Act, which is found in Sections 840 1.1 et seq. of Title 74 of the Oklahoma Statutes.
(e) Changes in the rules and interpretation of rules. Rules may be changed on an emergency or permanent basis as situations and needs demand. New federal or state laws may replace or affect the interpretation of the Merit Rules.
(f) Effect of other laws on Merit Rules. Some laws govern a specific personnel practice that applies only to a certain agency or in a certain situation. The provisions of all of these specialized laws are not referenced in the Merit Rules. There may be cases where such a law will replace a rule or part of a rule in a certain agency or situation.
(g) Legal cites. Some of the Merit Rules in this Chapter restate or exactly repeat language from laws. Italic type means the language exactly repeats language from a law or other legal instrument. The specific reference appears in brackets following the language in Italics. Language from laws or other legal instruments which is restated in other words is also followed by a reference in brackets, but it is not printed in Italics.
530:10-1-2. Definitions
In addition to terms defined in OAC 455:10 1 2, the following words and terms, when used in the Merit Rules, shall have the following meaning, unless the context clearly indicates otherwise.
"Absence without leave" and "unauthorized absence" means any absence of an employee from duty without specific approval.
"Absolute preference veteran" means a veteran eligible for placement at the top of registers for appointment to the classified service because of a service-connected disability of 30% or more.
"Act" means the Oklahoma Personnel Act.
"Administrator" means the appointing authority of the Oklahoma Office of Personnel Management [74:840 1.3]. As the term is used in the Merit Rules, the term includes employees of the Office of Personnel Management to whom the Administrator has lawfully delegated authority to act on his or her behalf. The term, as used in the Merit rules, may also include Appointing Authorities to whom the Administrator has delegated authority under a duly executed delegation agreement.
"Adverse impact" or "disparate impact" means a substantially different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group. A common yardstick for determining adverse impact is the "4/5ths rule" which indicates adverse impact if the selection rate for any protected group is less than 4/5ths (80%) of the selection rate of the group with the highest selection rate.
"Agency" means any office, department, board, commission or institution of the executive branch of state government [74:840 1.3].
"Allocation" or "Position allocation" means the process by which the Office of Personnel Management designates a position to an established job family. A position is allocated on the basis of duties, authority, responsibilities, classification guides, and other appropriate factors.
"Appointing authority" means the chief administrative officer of an agency [74:840 1.3]. As the term is used in the Merit Rules, the term includes employees of an agency to whom the Appointing Authority has lawfully delegated authority to act on his or her behalf.
"Assignment" or "Position assignment" in the context of position allocation means the process by which an Appointing Authority designates a position to an established job family level.
"Balanced and representative work force" means a work force whose composition at all levels approximates the composition of the relevant civilian labor force in terms of race, sex, and ethnicity.
"Base pay", "base rate", or "base salary" means the hourly rate or salary established for a job performed. It does not include shift differentials, benefits, overtime, incentives, longevity, or any other pay elements.
"Break in service" means a period of time in excess of thirty (30) days during which an employee is not present at work and is not in paid leave status or on approved leave without pay.
"Career progression" means a type of intra-agency promotion in which an employee is advanced from one level of a job family to a higher non-supervisory level in the same job family.
"Certification", in the context of initial classified appointments, means the submission of available names of eligibles from the appropriate register to an Appointing Authority. Such a list is called a "certificate" or "e-list". Individuals whose names appear on the certificate are said to be "certified". In the context of all other types of appointments, certification means the determination by the Office, or by an Appointing Authority to whom the Administrator has delegated authority, that a candidate possesses permanent classified status or is eligible for reinstatement to permanent classified status, and meets requirements for appointment to a specified job in the classified service.
“Classification" means:
(A) the process of placing an employee into an appropriate job family and level within the job family, consistent with the allocation of the position to which the employee is assigned, or
(B) an employee’s job family and the level at which work is assigned [74:840 1.3].
"Classification plan" means the orderly arrangement of positions within an agency into separate and distinct job families so that each job family will contain those positions which involve similar or comparable skills, duties and responsibilities [74:840 1.3].
"Classified employee" means an employee in the classified service, or an employee currently on leave from the classified service in accordance with established Merit Rules governing leave.
"Classified service" means state employees and positions under the jurisdiction of the Oklahoma Merit System of Personnel Administration [74: 840 1.3].
"Commission" means the Oklahoma Merit Protection Commission [74:840 1.3].
"Compensation plan" means a schedule of salaries or hourly wages established for the jobs recognized in the agency classification plan so that all positions of a given job within an agency may be paid the same salary range established for the job.
"Consider" means a reasonable judgment based on job related criteria and on an individual's fitness for duties for initial or internal appointment.
"Demotion" means the reclassification of a classified employee to a different job with a lower pay band assignment or to a lower level within the same job family. Demotion may be voluntary or involuntary.
"Direct reclassification" means a change made in a classified employee's classification by an Appointing Authority as a result of the adoption of a new or revised job family descriptor.
"Discharge" is defined in 455:10 11 3.
"Displacement" or "displace" means the process of an employee accepting an offer of employment to an occupied or funded vacant position [74:840-2.27B].
"EEO Job Categories", as used in the context of affirmative action/equal employment opportunity, means the following occupational categories:
(A) Officials and Administrators: Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual departments or special phases of the agency’s operations, or provide specialized consultation on a regional, district, or area basis.
(B) Professionals: Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge.
(C) Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education or through equivalent on-the-job training.
(D) Protective Service Workers: Occupations in which workers are entrusted with public safety, security and protection from destructive forces.
(E) Paraprofessionals: Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually require less formal training and/or experience normally required for professional or technical status.
(F) Administrative Support (Including Clerical and Sales): Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office.
(G) Skilled Craft Workers: Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training and experience or through apprenticeship or other formal training programs.
(H) Service-Maintenance: Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property.
"Eligible" means a person who has met all requirements for appointment to a given job.
"Employee" or "state employee" means an elected or appointed officer or employee of an agency unless otherwise indicated [74:840 1.3].
"Entrance examination" means any employment test used by the Office of Personnel Management to rank the names of applicants who possess the minimum requirements of education, experience, or licensure for a job or group of similar jobs on a register of eligibles established by the Office of Personnel Management [74:840-1.3].
"Executive Director" means the appointing authority of the Oklahoma Merit Protection Commission [74:840 1.3].
"FEPA" means the Oklahoma Fair Employment Practices Act, Section 840 4.12 of the Oklahoma Personnel Act.
"FLSA" means the federal Fair Labor Standards Act.
"FLSA exempt" means employees performing work which is considered to be exempt from the overtime payment provisions of the FLSA.
"FLSA non-exempt" means employees performing work which is considered to be under the overtime payment provisions of the FLSA.
"Hiring range" means a range within a pay band within which an Appointing Authority may establish the initial rate of pay for a given job.
"Hiring rate" means the initial rate of pay for a given job within the pay band assigned to the job family level.
"Hiring rule" refers to the names of the top 10 available eligibles certified to an Appointing Authority by the Administrator.
"Initial appointment" or "original appointment" means the act of an Appointing Authority hiring a person, usually from a certificate, for a probationary period. Contrast the meaning of these terms with "internal action" and "internal appointment" which are also defined in this Section.
"Interagency transfer" means an action in which an employee leaves employment with one agency and enters employment with another agency while continuously employed with the state [74:840 1.3].
"Internal action" or "Internal appointment" means the reclassification of a current employee or the reinstatement, recall or reemployment from a Priority Reemployment Consideration Roster of a former employee.
"Intra-agency transfer" means moving an employee from one position to another position with the same agency either with or without reclassification [74:840 1.3].
"Job" means a position or job family level in a job family [74:840-1.3].
"Job family" means:
(A) jobs which require similar core skills and involve similar work, and
(B) a logical progression of roles in a specific type of occupation in which the differences between roles are related to the depth and breadth of experience at various levels within the job family and which are sufficiently similar in duties and requirements of the work to warrant similar treatment as to title, typical functions, knowledge, skills and abilities required, and education and experience requirements [74:840-1.3].
"Job family descriptor" means a written document that:
(A) describes a job family, including, but not limited to, the basic purpose, typical functions performed, various levels within the job family, and the knowledge, skills, abilities, education, and experience required for each level, and
(B) identifies the pay band assigned for each level [74:840-1.3].
"Job family level" or "level" means a role in a job family having distinguishable characteristics such as knowledge, skills, abilities, education, and experience [74:840-1.3].
“Job-related organization" means a membership association which collects annual dues, conducts annual meetings and provides job-related education for its members and which includes state employees, including any association for which payroll deductions for membership dues are authorized pursuant to paragraph 5 of subsection B of Section 7.10 of Title 62 of the Oklahoma Statutes [74:840 1.3].
"Lateral transfer" means the reassignment of an employee to another state job with the same pay band assignment as the job family level in which the employee was classified prior to the lateral transfer [74:840 1.3].
"Leave of absence without pay" means leave or time off from duty granted by the Appointing Authority, for which period the employee receives no pay.
"Manifest imbalance" means representation of females, Blacks, Hispanics, Asian/Pacific Islanders and American Indians/Alaskan natives in specific job groups or EEO job categories within the agency’s work force that is substantially below its representation in the appropriate civilian labor force.
"Merit Rules" or "Merit Rules for Employment" or "Merit System of Personnel Administration Rules" means rules adopted by the Administrator of the Office of Personnel Management or the Oklahoma Merit Protection Commission pursuant to the Oklahoma Personnel Act [74:840 1.3]. Merit Rules adopted by the Administrator are in OAC 530:10, and Merit Rules adopted by the Commission are in OAC 455:10.
"Merit System" means the Oklahoma Merit System of Personnel Administration [74:840 1.3].
"Minimum qualifications" means the requirements of education, training, experience and other basic qualifications for a job.
"Minority" means a person who appears to belong, identify with, or is regarded in the community as belonging to one of the following racial or ethnic groups:
(A) "Black", meaning all persons having origins in any of the Black racial groups of Africa;
(B) "Hispanic", meaning all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race;
(C) "Asian or Pacific Islander", meaning all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa.
(D) "American Indian or Alaskan Native", meaning all persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. For affirmative action purposes, persons who are reported as American Indian shall verify tribal affiliation by providing a certificate of Degree of Indian Blood from the U.S. Department of Interior, Bureau of Indian Affairs, or by providing the name and address of tribal officials who can verify tribal affiliation [74:840 2.1].
"New position" means a position not previously existing.
"Noncompetitive appointment" means the appointment of a person to a noncompetitive job level within a job family [74:840 1.3].
"Noncompetitive job" means an unskilled or semiskilled job designated by the Office of Personnel Management as noncompetitive. Noncompetitive jobs do not require written examinations for placement on registers of eligibles [74:840 1.3].
"Office" means the Office of Personnel Management [74:840 1.3].
"Oklahoma Personnel Act" means Sections 840 1.1 et seq. of Title 74 of the Oklahoma Statutes, creating the Merit System of Personnel Administration and any amendments or supplements.
"Part-time employee" means an employee who works less than full time.
"Pay band" means the pay range assigned to a job family level.
"Payline" means the relationship between the rate of pay of a particular job family level and the assigned job evaluation points for the same job family level.
"Permanent employee" means a classified employee who has acquired permanent status in the classified service according to the Act and the Merit Rules.
"Position" means a group of specific duties, tasks and responsibilities assigned by the Appointing Authority to be performed by one person; a position may be part time or full time, temporary or permanent, occupied or vacant.
"Priority reemployment consideration" means the requirement that Appointing Authorities consider eligible former state employees who were separated as a result of a reduction-in-force whose names appear on Priority Reemployment Consideration Rosters before any vacant position is filled by any eligible initially appointed from an employment register.
"Probationary employee" means a classified employee who has not acquired permanent status in the classified service in accordance with the Act and the Merit Rules.
"Probationary period" means a working test period during which a classified employee is required to demonstrate fitness for the job to which appointed by the satisfactory performance of the duties and responsibilities of the job.
"Promotion" means the reclassification of a classified employee to a different job with a higher pay band assignment or to a higher level within the same job family.
"Promotional examination" means any employment test designated by the Office of Personnel Management to determine further the qualifications of a permanent classified employee of a state agency for employment in a different job for which the employee possesses the minimum qualifications of education, experience, or licensure within that agency [74:840 1.3].
"Reallocation" or "Position reallocation" means the process of reassigning an established position, occupied or vacant, from one job family to another.
"Recall right" means the entitlement of an eligible person to be offered reappointment to the job family level from which removed by a reduction-in-force before any other person may be appointed, except by recall.
"Reclassification" means the process of changing a classified employee from one job family to another job family or from one job family level to another job family level in the same job family, resulting in a change in the employee’s assigned job code [74:840 1.3].
"Register" means a list of eligibles for original probationary appointment to a job.
"Regular and consistent" means, in connection with an employee’s work assignments, the employee’s usual and normal work assignments, excluding incidental, casual, occasional tasks, and activities the employee assumes without direction to do so. Temporary work assignments of less than 60 days in any 12 month period are not considered regular and consistent.
"Regular unclassified service employee" means an unclassified service employee who is not on a temporary or other time-limited appointment [74:840-1.3].
"Reinstatement" means the reappointment of a former permanent classified employee as provided in the Merit Rules or the replacing of an eligible's name on a register.
"Resignation" means an employee’s voluntary termination of his or her employment with the state. In the case of a classified employee, it includes the forfeiture of status in the classified service.
"Salary administration plan" means the plan adopted by an Appointing Authority and submitted to the Administrator for approval which establishes hiring ranges for positions. Components of a salary administration plan may include but are not limited to conditions for hiring above the midpoint of a pay range, skill-based pay programs, and other pay movement mechanisms authorized by Section 840-2.17 of the Oklahoma Personnel Act.
"Senior EEO Investigator" means a person who has been designated by the Administrator to provide advice and support to persons completing the training requirements for discrimination complaints investigators as described in 530:10 3 22.
"Successor job family level" means a job family level that takes the place of another job family level.
"Supervisor" means a classified or unclassified employee [within the executive branch, excluding employees within The Oklahoma State System of Higher Education 74:840 3.1] who has been assigned authority and responsibility for evaluating the performance of [other state employees] 74:840 1.3].
"Trial period" means a working test period after promotion, voluntary demotion, or intra-agency lateral transfer during which a classified employee is required to demonstrate satisfactory performance in the job to which promoted, voluntarily demoted, or transferred before acquiring permanent status in the job.
"Unclassified service" or "exempt service" means employees and positions excluded from coverage of the Oklahoma Merit System of Personnel Administration [74:840 1.3]. Such employees and positions are subject to various provisions of the Oklahoma Personnel Act and the Merit Rules.
"Veteran" means a person who has been honorably discharged from the Armed Forces of the United States and who has been a resident of Oklahoma for at least 1 year before the date of examination [74:840 1.3].
530:10-1-3. [RESERVED]
530:10-1-4. [RESERVED]
530:10-1-5. Officers and employees to aid and comply
All officers and state employees under the Oklahoma Personnel Act shall conform to, comply with, and aid in carrying out the provisions of the Act and the Merit Rules.
530:10-1-6. Violations; penalties
(a) The Administrator shall issue orders directing agencies to comply with provisions of the Oklahoma Personnel Act, the Merit Rules, or written communications issued to agencies explaining the Oklahoma Personnel Act, the Merit Rules, and any other matter relating to the Merit System of Personnel Administration. [74:840-1.6A]
(b) The Oklahoma Merit Protection Commission or the Administrator of the Office of Personnel Management may levy an administrative fine not to exceed Five Thousand Dollars ($5,000.00) against any person, whether subject to the provisions of the merit system or in unclassified service, who after proper notice fails or refuses, within a reasonable period of time, to implement a written order of the Oklahoma Merit Protection Commission or the Administrator of the Office of Personnel Management. Such fine shall be assessed against the person who violates the order and shall not be paid by any monies of the employing entity in which the person is employed or serves. [74:840 6.9(A)]
(c) Any person against whom an administrative fine is levied who continues the violation for an unreasonable period of time, as determined by the Oklahoma Merit Protection Commission or Administrator of the Office of Personnel Management, shall forfeit his or her position and shall be ineligible for appointment to or employment in state government for a period of five (5) years [74:840 6.9(B)].
(d) Any fines collected pursuant to this section shall be deposited to the revolving fund of the respective entity which levies the fine [74:840 6.9(C)].
530:10-1-7. Severability clause
The provisions of the Merit Rules are severable and if any part or provision is held void by the decision of a court, this shall not affect or impair any of the remaining parts or provisions of the Merit Rules.
530:10-1-8. Compliance with federal standards, rules or regulations
Any of the Merit Rules which conflict with or are inconsistent with federal rules, regulations or standards governing the grant of federal funds to any agency or department, is not applicable to such agency or department.
530:10-1-9. [RESERVED]
530:10-1-10. [RESERVED]
530:10-1-11. Employee roster
The Office of Personnel Management shall establish and maintain a roster of all employees in the classified service, showing for each employee the title, salary, date of employment and such other employment data as is deemed pertinent. Also, for the purpose of identifying employees and positions, for payroll certification, the Office of Personnel Management shall maintain a list of unclassified personnel.
530:10-1-12. Review of records of the Office of Personnel Management
OAC 530:1 1 14 contains the standards for review of Office of Personnel Management records.
530:10-1-13. Conversion to new classification system [EXPIRED 7/14/00]
PART 3. DELEGATION OF HUMAN RESOURCE FUNCTIONS
530:10-1-30. Delegation authorization
The Administrator of the Office of Personnel Management may approve applications from Appointing Authorities to be delegated the authority to administer human resources functions normally conducted by the Office of Personnel Management as provided in Section 840-1.15 of Title 74 of the Oklahoma Statutes.
530:10-1-31. Functions which may be delegated
Upon the request of a state agency, and at the discretion of the Administrator, the Administrator may delegate any human resources functions normally conducted by the Office of Personnel Management. [74:840 1.15(A)] Human resources functions that are under the jurisdiction of the Oklahoma Merit Protection Commission as described in 74:840-1.9 and Title 455 of the Oklahoma Administrative Code may not be delegated pursuant to the rules in this Part.
530:10-1-32. [RESERVED]
530:10-1-33. Delegation application
Applications for delegation of human resource functions may be in any format. In addition to information identifying the agency, applications shall include the following information:
(1) A full description of the delegation authority sought.
(2) Name, title, and qualifications (including education and training, experience, and professional certification) of the personnel professional designated by the Appointing Authority as the professional administrator of delegated functions for the agency. Also, the professional’s signed acceptance of the responsibility for administering delegated functions consistent with applicable state and federal laws and rules, and an approved delegation agreement.
(3) Names, titles, and qualifications (including education and training, experience, and professional certification) of all other personnel professionals and others the Appointing Authority designates to participate in, or support, the exercise of delegation authority. Also, a description of the duties and responsibilities of each person with respect to delegated functions.
(4) The Appointing Authority’s expressed acceptance of overall responsibility for assuring the delegation authority is exercised in accordance with federal and state laws and rules, as evidenced by the signature of the Appointing Authority on the application and written memorandum of agreement.
(5) Documentation of agency employee participation in the development of the Appointing Authority’s application for delegation authority. Also, a description of plans for employee participation following approval of the application and during the period delegation authority is exercised.
(6) A copy of procedures the agency will use to assure that internal agency procedures are properly coordinated with procedures required by the Administrator for the delegated functions.
(7) Any other information that may aid in the Administrator’s evaluation of the Application.
530:10-1-34. [RESERVED]
530:10-1-35. Response from Administrator
The Administrator shall respond to the application for delegation authority within 14 calendar days after its receipt. The Administrator may prepare a memorandum of agreement in cooperation with the Appointing Authority and approve the application; reject the application and list the reasons for its rejection; or provide the Appointing Authority with a list of actions or information needed before a memorandum of agreement and approval of the application can be executed.
530:10-1-36. [RESERVED]
530:10-1-37. Staff qualifications
The Appointing Authority shall designate only employees who are eligible for certification as personnel professionals in accordance with Section 840-1.6A (18) of Title 74 of the Oklahoma Statutes and OAC 530:10-17, Part 13, to exercise the delegation authority. Others designated by the Appointing Authority to participate in support of delegated functions need not be eligible for certification as personnel professionals.
530:10-1-38. [RESERVED]
530:10-1-39. Training requirements
Each employee who will exercise delegation authority or who will participate in the support of delegated functions shall participate in initial training provided by the Office of Personnel Management staff on standards and procedures concerning delegated functions. The Administrator shall establish training requirements for employees based on previous training and the employee’s duties and responsibilities related to delegated functions. The Administrator may require employees to participate in additional training during the life of a delegation agreement.
530:10-1-40. [RESERVED]
530:10-1-41. Standards, procedures, records and reports
The Administrator shall provide standards and procedures manuals for delegated functions to the Appointing Authority and employees who are trained. The standards and procedures manuals shall include a description of required records and reports. When changes occur during the life of a delegation agreement, the Administrator shall advise the Appointing Authority and the administrator of the delegated functions of changes and shall attach the changes as riders to the delegation agreement.
530:10-1-42. [RESERVED]
530:10-1-43. Written memorandum of agreement of delegated authority
(a) Before the Administrator approves the application for delegation authority, a memorandum of agreement shall be prepared by the Administrator in cooperation with the Appointing Authority. This delegation agreement shall include or incorporate by reference the following documents and information:
(1) A description of the delegation authority;
(2) An outline of the terms and conditions of the agreement, including an effective date for the agreement;
(3) A description of audit activities, reports to the Administrator, and a description of records to be maintained by the Appointing Authority.
(4) The application for delegation authorization, as amended before execution of the delegation agreement.
(5) The list of delegation audit activities provided by the Administrator to the Appointing Authority.
(6) The delegation standards, procedures, records, and reports required by the Administrator.
(7) The timing of and methodology for conducting scheduled audits.
(8) A statement describing the degree to which the personnel professional designated as the professional administrator of the delegated functions will act in the Appointing Authority’s stead in regards to the delegated authority during the life of the agreement. The Appointing Authority shall not delegate ultimate responsibility for the agency’s exercise of the delegated authority, or authority to sign or terminate the delegation agreement.
(b) The delegation agreement shall be dated and signed by the Appointing Authority of the requesting agency and then by the Administrator. The Administrator’s signature on the agreement shall constitute approval of the application for delegation authority. Approval of this application for delegation authority shall constitute authority for the Appointing Authority or designee to implement the approved delegation of personnel authority. [74:840 1.15] The Administrator shall send the Appointing Authority and the agency administrator of the delegated functions a copy of the agreement within five calendar days after signing the agreement.
530:10-1-44. [RESERVED]
530:10-1-45. Changes in personnel
(a) During the life of a delegation agreement, the Appointing Authority is responsible for submitting the following documents to the Administrator immediately upon any changes in personnel.
(1) Changes in the names and titles of the Appointing Authority and all personnel professionals and others the Appointing Authority designates to participate in, or support, the exercise of delegation authority.
(2) The Appointing Authority’s designation of a new professional administrator of the delegated functions and the designee’s signed acceptance of the responsibility for administering delegated functions consistent with applicable state and federal laws, and the delegation agreement.
(b) These documents shall be added as riders to the memorandum of agreement.
530:10-1-46. [RESERVED]
530:10-1-47. Audit by the Administrator
Delegated functions shall be subject to audit by the Administrator to determine compliance with applicable laws, Merit Rules, and the delegation agreement. Audits may be conducted with or without notice to the Appointing Authority. The Administrator shall supply the Appointing Authority with a list of audit activities before the delegation agreement is signed, and during the life of the agreement, the Administrator shall notify the Appointing Authority of changes in audit activities before changes are implemented. The Administrator shall also add a description of changes as riders to the agreement.
530:10-1-48. [RESERVED]
530:10-1-49. Corrective actions
If audit findings reveal deficiencies or when deficiencies are otherwise identified, the Administrator shall order corrective action. The Administrator’s order may include the date by which the Appointing Authority shall implement corrective action as ordered by the Administrator. Depending on the nature of the deficiency, the deadline for implementation may be up to 90 days after the date of the order. Corrective Actions may include but are not limited to:
(1) Correction of deficiencies consistent with Merit Rules, applicable laws, and the delegation agreement.
(2) Training or retraining of agency personnel.
(3) Unannounced audits.
(4) A temporary suspension of delegated authority.
530:10-1-50. [RESERVED]
530:10-1-51. Termination or partial revocation of delegation authority
(a) A delegation agreement may be terminated at the discretion of the Administrator or at the request of the Appointing Authority. Some infractions of Merit Rules, applicable laws, or the delegation agreement may result in partial revocation or termination of the agreement. The Administrator shall provide the Appointing Authority with reasonable notice of termination or partial revocation of the agreement and the effective date of the action. The Administrator may terminate or partially revoke authorization for delegation for any of the following reasons:
(1) The Appointing Authority fails to comply with corrective action ordered by the Administrator.
(2) Delegation functions are not administered in accordance with the delegation agreement, the Oklahoma Personnel Act, other applicable laws, the Merit Rules, or Office of Personnel Management requirements, policies, directives, standards, guidelines, or practices.
(3) Problems or circumstances occur that affect either the Office of Personnel Management or the agency in fulfilling its defined responsibilities.
(b) On the effective date of the termination or partial revocation of the delegation agreement, the authority and responsibility for delegated human resource functions that have been terminated or partially Revoked shall be returned to the Administrator, together with records and documents related to the delegated functions. However, unless otherwise specified by the Administrator, delegated actions initiated before the effective date of the termination or partial revocation of the agreement may be completed under the terms of the agreement.
530:10-1-52. [RESERVED]
530:10-1-53. Evaluation
The Administrator shall evaluate the overall results and effects of delegation agreements at least annually for the first three years of an agreement and subsequently at least once every five years. Evaluations shall include but not be limited to an assessment of the results and effects (including costs) of the delegation authorization by various stakeholders. Anyone, including the Administrator, may provide comments, but the Administrator shall extend invitations to do so to the Appointing Authority of the delegation agency, the personnel professional responsible for the delegated function in the agency, and delegation coordinators with the Office of Personnel Management, and employees of the delegation agency. The Administrator shall analyze, compile, and summarize the responses and make the report of the results available for public inspection.
PART 5. MODEL PROJECTS
530:10-1-60. Purpose
The purpose of model projects is to allow agencies to design model human resource projects to test and evaluate the effect of innovative policies, standards, and procedures. [74:840-1.15]
530:10-1-61. Authorization of model projects
The Administrator may approve applications for model projects. Approval of an application for a model project by the Administrator shall constitute authority for the agency to implement the approved model project for a length of time to be specified by the Administrator. [74:840-1.15]
530:10-1-62. [RESERVED]
530:10-1-63. [RESERVED]
530:10-1-64. [RESERVED]
530:10-1-65. Effect of Merit Rules on model projects
The Administrator may waive applicability of Merit Rules adopted by the Administrator if necessary to implement a model project approved by the Human Resources Management Advisory Committee and the Administrator. The waiver shall apply only to the model project specified by the Administrator and shall be effective only for the duration of the model project. The waiver shall end immediately upon termination or completion of the model project.