Oklahoma Administrative Code, Title 810

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Chapter 1 General Information

Okla. Admin. Code § 810:1-1-1 Purpose

(a) This Chapter has been adopted for the purpose of compliance with the Oklahoma Administrative Procedures Act, 75 O.S. § 250.1 et seq., and to describe the purposes, functions and processes of the Oklahoma Workers' Compensation Commission.

(b) The purpose of this Chapter is to set out a general description of the Oklahoma Workers' Compensation Commission, review the functions performed by the Commission, and briefly present an overview of the statutory role of the Commission, its organization and structure.

History

• Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Okla. Admin. Code § 810:1-1-3 General description of the Oklahoma Workers' Compensation Commission

(a) History. The Oklahoma Workers' Compensation Commission was created pursuant to legislation enacted in 2013 and is responsible for administration of the Administrative Workers' Compensation Act, 85A O.S. § 1, et seq., except as otherwise provided by law.

(b) Composition. The Commission is comprised of three members who are appointed by the Governor and confirmed by the Senate for staggered terms. The initial appointments are for two (2), four (4) and six (6) years respectively, as determined by the Governor. Subsequent terms are for six (6) years. One of the initial appointments must be from a list of three (3) nominees selected by the Speaker of the Oklahoma House of Representatives. The Chair of the Commission is appointed by the Governor from among the Commission members. The Chair organizes, directs and develops administrative work, employs administrative staff within budgetary limitations, and performs other duties authorized by law or prescribed by the Commission. The Commission appoints an administrator who is the administrative officer of the Commission and manages the activities of its employees and performs other duties prescribed by the Chair or Commission. The title of the administrative officer shall be Executive Director. The Commission may appoint as many Administrative Law Judges and other personnel as necessary within budgetary limitations to effectuate the AWCA.

(c) Duties. It is the Commission's responsibility to apply the law as set out in the AWCA. The Commission has adjudicative, administrative and regulatory functions. Those functions include providing fair and timely procedures for the resolution of workers' compensation disputes; monitoring claims and benefit payments to injured workers, processing settlements and requests for changes in physicians; ensuring that employers maintain required insurance coverage; processingAffidavits of Exempt Status and Cancellations of Affidavits of Exempt Status; and approving applications of employers to act as self-insurers; processing and approving applications related to independent physicians, mediators and case managers; developing and maintaining a workers' compensation fee schedule; providing legal information and assistance to interested persons who have questions concerning the Oklahoma workers' compensation law; and participating in programs to explain the law and functions of the Commission to the general public.

(d) Main offices of Commission. The main offices of the Commission are located at: Denver Davison Building, 1915 North Stiles Avenue, Oklahoma City, Oklahoma 73105.

History

• Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Okla. Admin. Code § 810:1-1-4 Petitions to promulgate, amend or repeal rules

(a) Individuals or organizations who wish to petition the Commission to promulgate, amend or repeal a rule must submit a written request to the Executive Director, 1915 North Stiles Avenue, Oklahoma City, Oklahoma 73105. The request must include:

(1) A statement in support of the proposal made. The supporting statement should refer to the statutory basis for the proposal and include any specific objections to existing rules or practices, and set forth the policy considerations which support adoption of the proposal;

(2) The name, address and telephone number of the person making the request;

(3) The name, address and telephone number of the agency or organization the person represents, if any;

(4) The number used to identify the rule if the request is to amend or repeal an existing rule; and

(5) The proposed language if the request is to amend an existing rule or adopt a new rule.

(b) The Executive Director or the Executive Director's designee will present such petition at the next regularly scheduled meeting of the Commission for consideration and disposition. The petitioner shall be given reasonable notice of the date, time and place of such meeting, and shall be informed in writing within a reasonable period of time of the Commission's ruling in the matter.

History

• Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015