Okla. Admin. Code § 455:10-17-1

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

Section 455:10-17-1 - Purpose, use and scope of Alternative Dispute Resolution Program

(a)General.The Oklahoma Merit Protection Commission shall establish and maintain a mandatory Alternative Dispute Resolution Program and shall adopt and promulgate such rules as may be necessary for the implementation and management of the program [74:840-6.1(A)] .

(b)Purpose.A purpose of the Alternative Dispute Resolution Program is to provide an economical means and access to effective alternative dispute resolution services to all state agencies and employees [74:840-6.1(B)] . Alternative Dispute Resolution (ADR) gives state agencies, employees and applicants for state employment an alternate means to resolve appeals, disputes and conflicts. ADR affords the parties to an appeal the same equity and impartiality as the hearing process while offering faster, less costly and more flexible ways to resolve disputes. ADR is designed for lay-people (people who are not attorneys) to use.

(c)Use.The Oklahoma Merit Protection Commission may require employees and agencies to utilize the Alternative Dispute Resolution Program to resolve disputes brought before the Commission pursuant to Sections 840-6.5 and 840-6.6 of Title 74 of the Oklahoma Statutes [74:840-6.1(C)]. The Executive Director shall determine if ADR is appropriate to resolve any appeal. In making the decision to use ADR, the types of issues to be decided, applicable laws and rules, time factors, the efficient and timely resolution of the appeal, Commission resources and costs and party interests shall be considered.

(d)Processes. The negotiation conference shall be considered an appropriate procedure to seek the resolution of any appeal. Thereafter, ADR shall:

(1) not automatically be considered for an adverse action appeal from a permanent classified employee of discharge, suspension without pay of 4 calendar days or more or involuntary demotion. If settlement is not reached at the negotiation conference, such appeals shall be set for prehearing conference and hearing before an Administrative Law Judge. This shall not preclude the employee or the agency from requesting the appeal be resolved through further ADR.

(2) not automatically be considered for an alleged violation appeal in which a determination has been made that a violation of Title 74 O.S., Section 840-2.5, commonly known as the "Whistleblower statute", may have occurred. If settlement is not reached at the negotiation conference, such appeals shall be set for prehearing conference and hearing before an Administrative Law Judge. This shall not preclude a party to the appeal from requesting the appeal be resolved through further ADR.

(3) be considered appropriate to resolve an adverse action appeal from a permanent classified employee of suspension without pay of 3 calendar days of less.

(4) be considered appropriate to resolve a payroll claim protest.

(5) be considered appropriate to resolve all other alleged violation appeals in which a determination has been made a violation within the Commission's jurisdiction may have occurred.

(e)Party request. Any party to an appeal may request the appeal be resolved through ADR and may also request a particular procedure be used. The decision as to the resolution method and which particular procedure shall be used rests with the Executive Director.

Okla. Admin. Code § 455:10-17-1

Added at 11 Ok Reg 1871, eff 5-12-94; Amended at 19 Ok Reg 2376, eff 7-1-02