(a) Application.  This Section describes the grievance policy for persons receiving Oklahoma Department of Human Services (OKDHS) services not covered by another grievance system or issues not specifically addressed by OKDHS fair hearing process.  A grievance or complaint is not processed under this Section if OKDHS has a formal administrative appeal or review process in place which addresses the grievance or complaint.

(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) Notice of client bill of rights.  The OKDHS Client Bill of Rights poster, OKDHS Pub. No. 92-06, is posted in conspicuous view of the public in all OKDHS offices and facilities.  Applicants and recipients of benefits and services administered by OKDHS have the right to:

• (1) be treated with courtesy and dignity;
• (2) receive prompt service;
• (3) receive clear explanations of the laws and rules which determine eligibility for benefits and services;
• (4) have benefits and services explained in native language, if not able to understand English;
• (5) have benefits and services explained by an interpreter for the deaf, if unable to hear well;
• (6) have forms read and explained, if unable to read forms because of limited eyesight, or other inability to read;
• (7) receive fair and consistent consideration of any application for benefits or services;
• (8) have the opportunity for an appeal and a fair hearing in case of denial or reduction of benefits or services;
• (9) discuss with a local OKDHS supervisor any complaint regarding OKDHS benefits or services or treatment by OKDHS staff;
• (10) contact the OKDHS Office of Client Advocacy (OCA) at 1-800-522-8014, regarding any complaint that has been discussed with, but not resolved by, the local office supervisory staff; and
• (11) receive, upon request, a further explanation of applicant or client rights.

(d) Filing a grievance.  Recipients of benefits and services administered by OKDHS, and persons acting on behalf of recipients, have the right to talk with a local OKDHS supervisor if they have a complaint about the way they were treated by OKDHS staff.  Supervisory staff promptly seek to resolve the matter with the client.  Clients have the right to contact OCA, Attn. Grievance Liaison, P.O. Box 25352, Oklahoma City, OK 73125 (1-405-525-4850 or 1-800-522-8014, fax 1-405-525-4855) regarding any complaint which has been discussed with, but not resolved by, the local office supervisory staff.

(e) Allegations of discrimination.  If a grievance or complaint alleges discrimination based on sex, age, national origin, religion, color or disability, the client is referred to the OKDHS Office for Civil Rights for appropriate handling and resolution of the complaint.  The local grievance coordinator immediately forwards the grievance to the OKDHS civil rights administrator and so informs the grievant.

(f) Processing a grievance.  When a client contacts OCA for assistance in resolving a complaint, OCA contacts OKDHS supervisory staff who have the authority to resolve the grievance to request a response to the grievance within seven business days.

• (1) The advocate general may grant an extension for good cause, such as an unusually complex matter.
• (2) If a complete response is not timely received by OCA, the grievance may be considered unresolved and processed as a contested grievance.
• (3) After receiving a response to the grievance, OCA contacts the grievant to inform the grievant of the proposed resolution and the right to contest the response to the grievance.  If the grievant is not satisfied with the outcome and requests to appeal the decision, the grievance is processed as a contested grievance.  If OCA does not obtain a reply from the grievant within ten business days of actual notice to the grievant of the proposed response, the grievance may be deemed resolved.

(g) Contested grievances.  Contested grievances of clients are processed in accordance with OAC 340:2-3-46.