(a) Application.  This Section describes the processes for contesting the second level response to Oklahoma Department of Human Services (OKDHS) grievances, facility grievances at OKDHS operated facilities, and provider grievances of Hissom class members.

(b) Definitions.  The definitions in OAC 340:2-3-2 and 340:2-3-45(b) apply to this Section unless the context clearly indicates otherwise.

(c) Initiating the contested grievance.  When a decisionmaker asks to appeal a grievance to the state office administrator, within three business days of notice of the request, the local grievance coordinator (LGC) transmits to the Office of Client Advocacy (OCA), Attn. OCA grievance liaison, Form 15GR002E, Local Grievance Coordinator (LGC) Worksheet, attaching the corresponding Form 15GR001P, Grievance Form, and other documents and information relevant to the subject matter of the grievance.

(d) Documentation requirements.  When Form 15GR002E is submitted to OCA, it has attached:

• (1) the corresponding Form 15GR001P;
• (2) supporting facts relating to the proposed resolution by the second level respondent, including documentation relating to the first level and second level of problem resolution processes; and
• (3) any written rule, policy, procedure, regulation, and other information relevant to the subject matter of the grievance.

(e) OCA processing of grievance.  Within three business days of OCA receipt of a contested grievance, the OCA grievance liaison reviews the contested grievance and accompanying documentation and determines if any additional information is necessary for disposition of the appeal.  When any information appears to be missing, the OCA grievance liaison contacts the person(s) in possession of the needed information and sets deadlines for submission of the information by the most efficient means to avoid delays in processing the contested grievance.

(f) Rejected grievances.  If OCA determines the subject matter of a grievance falls in one of the categories listed in OAC 340:2-3-45(c)(2), the OCA grievance liaison returns the grievance to the LGC with a cover letter indicating the reason the grievance was not accepted for processing as a contested grievance.  Within three business days of receipt of the letter, the LGC contacts the grievant to inform the grievant of the status of the grievance.

(g) OCA transmittal to state office administrator.  Within three business days of OCA receipt of a contested grievance and all documents required by subsection (d) of this Section, the advocate general or designee prepares and sends Form 15GR011E, Contested Grievance Transmittal, to the state office administrator with decision-making authority to respond to the subject of the grievance.

(h) State office administrator's response.  The state office administrator who receives a contested grievance responds to the grievant within ten business days or by the due date on Form 15GR011E.  The advocate general or designee may grant an extension when good cause is shown.  The state office administrator sends his or her response directly to the LGC after completing the middle portion of Form 15GR011E.  A copy is sent to the advocate general, or designee.  The state office administrator attaches his or her response to Form 15GR011E and includes:

• (1) the proposed resolution and how it is to be implemented;
• (2) the person(s) responsible for implementing the proposed resolution;
• (3) the target date for the proposed resolution;
• (4) facts and analysis supporting the proposed resolution, including relevant documentation; and
• (5) any relevant written rules, policies, procedures, regulations, and other information.

(i) Timely response required.  The OCA grievance liaison monitors the timely response by the state office administrator.  If a complete response is not timely received by the OCA grievance liaison and an extension has not been granted, the OCA grievance liaison immediately processes the grievance for review by the Grievance and Review Committee (GARC) in accordance with OAC 340:2-3-64(b).  In that event, OCA notifies the grievant and affected state office administrator that the grievance is being processed for GARC.

(j) Presentation of proposed resolution.  The LGC or designee contacts the decisionmaker within three business days of receipt by the LGC of the state office administrator's response.  If the decisionmaker accepts the proposed resolution, the LGC notes this on the OCA transmittal memo and files it in the client's grievance file.

(k) Request for GARC review.  If the grievant does not accept the response of the state office administrator, the LGC completes the bottom portion of Form 15GR011E and returns it to the OCA grievance liaison within three business days.  Upon receipt by OCA of Form 15GR011E, the grievance is processed for review by GARC in accordance with OAC 340:2-3-64.