(a) Purpose. An employee is discharged when his or her conduct or performance warrants. A permanent, classified employee is provided a pretermination hearing to provide information to determine whether the charges against the employee are true and support discharge. A pretermination hearing is not given to an employee terminated as part of a reduction-in-force. The notice of proposed discharge is issued only by a chief officer, division director, or designee.
(b) Notice. Notice of the proposed discharge, pretermination hearing, and final action is made by personal service or certified mail, restricted delivery. Pending completion of the notice and the pretermination hearing, an employee may be suspended with pay or temporarily reassigned as provided in policy. The notice must be provided to the employee at least seven working days before the pretermination hearing. Notice of proposed discharge includes:
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(1) the employee's name, title, job family descriptor, pay band, user identification (ID) number, PeopleSoft number, and division;
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(2) date of the notice;
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(3) a citation of the statute, policy, practice, or procedure violated;
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(4) grounds for discharge, including a statement of the act or incident that is the cause for the discharge;
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(5) the evidence supporting the proposed action. Witness statements and investigative reports are listed in the proposed discharge and provided the employee under separate cover;
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(6) the certificate of prior disciplinary action, or a statement that the employee has no prior discipline;
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(7) a notice of the employee's right to submit a written response within five working days;
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(8) a statement of the employee's right to be represented at the pretermination hearing by an attorney or other person of choice; and
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(9) the date, time, and location of the pretermination hearing.
(c) Certificate of prior disciplinary action. The chief officer, division director, or designee ensures a certificate of prior disciplinary action is filed in the employee's official Human Resources Management Division (HRMD) personnel file at least three calendar days before the hearing. The certificate lists the progressive disciplinary actions taken against the employee pursuant to OKDHS:2-1-7(b) and certifies that all mandatory progressive disciplinary actions have been taken.
(d) Pretermination hearing. The pretermination hearing provides information from which a determination is made as to whether reasonable grounds exist to believe that the charges against the employee are true and whether the grounds support the proposed discharge.
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(1) Pretermination hearings are not full evidentiary hearings and formal rules of evidence do not apply.
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(2) The pretermination hearing officer establishes and advises the parties of the procedure for conducting the pretermination hearing and allows each party or his or her representative to make a brief statement at the opening or closing of the proceedings, or both. Statements are limited to the party's position and a summary of the evidence supporting that position.
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(3) Argument is not evidence and the pretermination hearing officer may limit or exclude argument.
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(4) The pretermination hearing officer may also limit or exclude non-relevant witnesses, testimony, or documentation.
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(5) Parties and witnesses are not permitted to read prepared testimony into the record or cross-examine any witness.
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(6) Parties may request that the pretermination hearing officer ask specific questions relevant to specific issues.
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(7) The pretermination hearing officer may designate cases for telephonic hearing.
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(8) A pretermination hearing may be continued or rescheduled by the Oklahoma Department of Human Services (OKDHS) for good cause.
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(9) Requests for a pretermination hearing continuance are made to the OKDHS Legal Division not less than two working days prior to the hearing.
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(10) The pretermination hearing is recorded in its entirety by audiotape. The employee is provided a copy of the tape within 14 days of request and filing an appeal with the Oklahoma Merit Protection Commission (MPC).
(e) Legal review. When a recommendation for discharge is made, the Legal Division reviews the audiotapes of the pretermination hearing and all evidence for legal sufficiency.
(f) Final action. Within ten working days of the pretermination hearing, the chief officer, division director, or designee notifies the employee of the final action. The pretermination hearing officer's decision is included with the final action. The chief officer, division director, or designee considers the employee's response, the pretermination hearing decision, the employee's performance evaluation, and other relevant issues to the action. The notice of final action of discharge includes:
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(1) the employee's name, title, job family descriptor, pay band, user ID number, PeopleSoft number, and division;
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(3) the date, the specific final action taken, and, if discharge, the effective date of discharge;
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(4) a citation of the statute, policy, practice, or procedure violated;
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(5) grounds for discharge including a statement of the act or incident that is the cause for the discharge;
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(6) a summary of prior discipline, or a statement the employee has no prior discipline;
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(7) the consideration given the employee's response;
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(8) the pretermination hearing officer's decision;
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(9) a notice of the employee's right to grieve the discharge in accordance with the OKDHS grievance regulations; and
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(10) a notice of the employee's right to file an appeal to the MPC; the address of the MPC; the MPC filing time limit of 20 calendar days from date employee receives notice of the final action; and a copy of the MPC petition for appeal form.
(g) Distribution. The local administrator provides a copy of the: