Library: Policy

340:1-11-4. Administration responsibilities, administration of programs, dissemination of policy, and awareness training

Revised 9-15-23

(a) The Oklahoma Human Services (OKDHS) Director assumes full responsibility for compliance, per Oklahoma Administrative Code (OAC) 340:1-11-1.

(b) The OKDHS Director designates a staff member who is knowledgeable of civil rights laws.

(c) The OKDHS Director assigns full compliance responsibility to all OKDHS administrators, managers, and supervisors. The administrators, managers, and supervisors maintain essential records and files, per OAC 340:1-11-1.

(d) Administrators, managers, and supervisors avail themselves of the Office for Civil Rights (OCR) administrator's technical assistance and training. Administrators, managers, and supervisors comply with the Methods of Administration designed and prepared by the OCR administrator.

(e) The OCR administrator is responsible for:

(1) developing rules, regulations, and compliance programs, per OAC 340:1-11-1, and disseminating those requirements to:

(A) staff;

(B) clients;

(D) the general public; and

(E) customary referral services; and

(2) developing the Methods of Administration;

(3) keeping the OKDHS Director, administrators, managers, and supervisors informed of nondiscrimination requirements and responsibilities, per OAC 340:1-11-1;

(4) monitoring and evaluating OKDHS nondiscrimination activities, identifying the need for remedial action and appropriate follow-up review, and submitting reports, as required to the OKDHS Director, the Department of Health and Human Services-Office for Civil Rights (DHHS-OCR), and the Food and Nutrition Service (FNS);

(5) providing training and technical assistance, and serving as a resource for OKDHS staff regarding nondiscrimination responsibilities;

(6) assigning OCR personnel to perform compliance reviews and to investigate discrimination complaints;

(7) directing and coordinating Americans with Disabilities Amendments Act compliance inspections of OKDHS facilities and recommending remedial action as necessary when complaints are received;

(8) receiving Request Review Committee appeal decisions;

(9) overseeing investigations of discrimination complaints OCR receives;

(10) acting as the liaison between the OKDHS Director, DHHS-OCR, FNS, minority and community organizations, and groups advocating for persons with disabilities in all matters concerning nondiscrimination in the OKDHS delivery of services; and

(11) testifying in matters concerning civil rights before entities, such as boards, commissions, or legislative panels.

(f) Prior to implementation of any new programs or methods for providing existing services, the OCR administrator, upon request, conducts a study and prepares a report that shows the impact on minority groups and persons with disabilities, and the accessibility of the services, as proposed, to minority clients or clients with disabilities, both present and prospective. • 1

(g) OKDHS informs staff, clients, applicants, contractors, vendors, sub-grantees, and the general public that programs and services are provided on a nondiscriminatory basis. • 1

(h) The OCR administrator ensures OKDHS staff is provided on-going training designed to ensure awareness of diversity issues and of appropriate responses to minorities and persons with disabilities. Training includes:

(1) legal interpretations of anti-discrimination laws;

(2) compliance review objectives; and

(3) cultural and disability awareness.

INSTRUCTIONS TO STAFF 340:1-11-4

Revised 9-15-23

1. The activities in (1) through (4) of this Instruction to Staff are used to administer programs.

(1) The Office for Civil Rights administrator solicits methods of recording and reporting services delivery by race, disability, and limited English proficiency from each program, facility, contractor, institution, or local office.

(2) Oklahoma Human Services (OKDHS) takes positive action, consistent with Title VI or Section 504 of the Rehabilitation Act of 1973, to overcome the effects of conditions that result or resulted in limiting participation in any program.

(3) OKDHS ensures minority clients are assigned staff competent to serve them; however, this does not imply staff must be of the same race or national origin as the client but:

(A) when clients or potential clients cannot express themselves fluently in English, staff has access to translation resources to serve them; and

(B) OKDHS staff is sensitive to the special needs and cultures of such clients.

(4) OKDHS ensures the services and activities of its programs are accessible to clients with disabilities.

2. The methods of disseminating nondiscrimination policy include:

(1) a written notice on applications;

(2) a statement on invoices, financial transaction forms, contracts and agreements, business communications, and other related forms;

(3) a statement in all brochures, pamphlets, and press releases distributed to clients, applicants, and the public;

(4) official posters in OKDHS facilities and distributed to vendors and community agencies are placed in prominent public places;

(5) information provided to the general public on the right to file complaints, and the address of the United States Department of Health and Human Services, Office for Civil Rights, Dallas, Texas 75202, to which complaints are sent. The mailing address is made available, but may be omitted from the poster when the address is provided in some other format, such as on the complaint form or handout;

(6) printed material in the respective language in areas where the client population served is five percent or more non-English speaking; and

(7) appropriate auxiliary aids to afford persons with impaired sensory, manual, or speaking skills an equal opportunity to benefit from OKDHS programs or services.