The following words and terms when used in this Part shall have the following meaning, unless the context clearly indicates otherwise:
"Authorized legal counsel" means:
"Casualty incident" or "liability incident" means any liability occurrence or event:
- (A) that results in personal injury or property damage; and
- (B) where there is probable cause to believe that such event may give rise to a claim for damages against OKDHS or an OKDHS employee and:
- (i) takes place upon or within any real property owned or used by OKDHS;
- (ii) involves participation by any employee or volunteer of OKDHS who is acting within the scope of his or her employment and authority; or
- (iii) involves any vehicle or other personal property owned by OKDHS and operated by an employee or volunteer of OKDHS.
"Claim" means the formal notice served upon proper legal authority by any claimant or the representative of any claimant, as provided by the Tort Claims Act.
"Claimant" means the person or authorized representative who files notice of a claim in accordance with the Tort Claims Act.
"Property incident" means any occurrence or event that involves any real or personal property owned by OKDHS or in the possession of OKDHS for safekeeping, and as a result of the event, property is damaged, lost, or destroyed by accident, misfortune, or mishap.
"Reportable vehicle incident" means any occurrence or event involving a vehicle that results in a liability incident. This includes any incident that involves any vehicle or property used to conduct business within the scope of authority or employment of an OKDHS employee, volunteer, or official.
"Risk manager" means the manager of the OKDHS Support Services Division (SSD) Risk, Safety, and Emergency Management Unit and such staff as necessary to supervise and manage the OKDHS Risk Management Program.
"Risk Management Program" means the system by which OKDHS identifies all risk and works to eliminate, reduce, or minimize that risk through a continuous loss prevention and loss control program. The system includes coordination of activities between OKDHS, the Department of Central Services (DCS), and the Oklahoma Department of Labor (ODOL).
"Settlement of claim" means DCS may settle a claim brought against OKDHS after conferring with authorized legal counsel, subject to any procedural requirements imposed by statute, resolution, or written policy.
"Vehicle" means any self-propelled vehicle or mobile equipment, regardless whether the equipment is licensed for road use, that is used by an OKDHS employee or volunteer for official business and is:
- (A) owned or leased by OKDHS;
- (B) a personal vehicle; or
- (C) a privately leased vehicle.