(a) Application.  This Section applies to a final finding in an administrative investigation conducted by the Office of Client Advocacy (OCA) in accordance with OAC 340:2-3-32 through 340:2-3-37 that an OKDHS employee has engaged in abuse, sexual abuse, neglect, verbal abuse, caretaker misconduct, or exploitation.  A finding is final when:

• (1) OCA has disseminated its final report and the time for requesting review by the Grievance and Abuse Review Committee (GARC) in accordance with OAC 340:2-3-62(b) has expired without a timely request having been received by OCA; or 
• (2) a timely request for GARC review has been received and has been processed to conclusion in accordance with OAC 340:2-3-62.

(b) Supplemental investigations.  

• (1) Upon receipt of an OCA investigation report, if the applicable state office administrator or designee determines a need for specific additional information necessary to make a determination whether to request review by GARC or what personnel action to initiate, the state office administrator or designee may request OCA to conduct a supplemental investigation.  A request for a supplemental investigation is made within 30 calendar days of receipt of the OCA report and it sets out the specific information needed.  No more than one such request may be made in an individual case.  OCA conducts a prompt supplemental investigation, commencing it within 30 calendar days and completing it within 60 calendar days of receipt of a request for a supplemental investigation, unless these time periods are extended for good cause as determined by the advocate general or the OKDHS Director.
• (2) Within 30 calendar days of receipt of the OCA supplemental investigation, the state office administrator or designee may request the case be submitted to GARC in accordance with OAC 340:2-3-62.  

(c) Disciplinary guidelines.  These guidelines are used by state office administrators and their designees to determine appropriate personnel action, based on the nature of the abuse, sexual abuse, neglect, caretaker misconduct, or exploitation and consistent with OKDHS corrective discipline policies.

• (1) Abuse, sexual abuse, or neglect.
  • (A) First offense.  The first offense can result in discharge, demotion, suspension without pay, or such other discipline deemed reasonable, depending on the severity of the incident.
  • (B) Second offense.  Unless the OKDHS Director approves a less severe disciplinary action, the second offense results in discharge.
• (2) Caretaker misconduct resulting in physical injury or mental anguish.
  • (A) First offense.  The first offense can result in discharge, demotion, suspension without pay, or written reprimand, depending on the severity of the incident.
  • (B) Second offense.  The second offense can result in discharge, demotion, or suspension without pay.
• (3) Caretaker misconduct not resulting in physical injury or mental anguish.
  • (A) First offense.  The first offense can result in suspension without pay, written reprimand, verbal reprimand, or corrective action plan, depending on the severity of the incident.
  • (B) Second offense.  The second offense can result in discharge, demotion, suspension without pay, or written reprimand and corrective action plan.
• (4) Second offense.  The term second offense as used in this Section means an offense occurring after any other act of abuse, neglect, or caretaker misconduct.  Nothing in this Section limits disciplinary actions based in part on acts of abuse, neglect, or caretaker misconduct and based in part on other cause.  The imposition of any demotion, suspension without pay, or reprimand must be accompanied by a corrective action plan.