§74-840-2.19.

§74-840-2.19.
   
   A. The Director of State Finance shall not approve any payroll claim
   for payment for any agency unless said claim contains or is
   accompanied by the certification by the administrative head of said
   agency or an authorized employee of said agency that the persons named
   in said claim have been appointed and employed in accordance with the
   provisions of the Oklahoma Personnel Act and the rules and orders
   promulgated pursuant to the provisions of the Oklahoma Personnel Act.
   For purposes of this section, "payroll claim" shall also include
   longevity payments made pursuant to Section 840-2.18 of this title.
   
   B. If, as a result of a payroll audit, the Office of Personnel
   Management finds that an agency has made payments of salaries or wages
   contrary to the provisions of the Oklahoma Personnel Act and the rules
   promulgated pursuant to the provisions of the Oklahoma Personnel Act:
   
   1. Audit findings shall be promptly transmitted to the appointing
   authority of the agency certifying the payroll claim or claims
   involved; and
   
   2. An audit conference with said agency shall be scheduled within
   fifteen (15) days, at which time the audit exceptions will be resolved
   or become a determination of error unless the parties to the
   conference agree to a further review; and
   
   3. If underpayments or overpayments made by said agency are deemed to
   be the result of administrative error, the agency which certified the
   payroll claim or claims in error shall refund to the employee the
   balance of the actual amounts due and owing to the payee or shall seek
   repayment from the payee of any amount paid in excess of the actual
   amount due and owing the payee; and
   
   4. If an agency neglects or refuses to seek repayment after a
   determination that an error in payroll amount or amounts has been
   made, or to properly adjust a then current salary or wage, the Office
   of Personnel Management shall notify the Director of State Finance of
   an unresolved audit exception stating the agency involved and the
   person to whom said exception refers; and
   
   5. Upon receipt of notification that a procedure to initiate repayment
   has been instituted by the certifying agency or that a protest has
   been filed with the Oklahoma Merit Protection Commission, said notice
   shall be withdrawn or waived by the Office of Personnel Management, in
   writing, to the Director of State Finance. Implementation of
   procedures provided in this section shall not operate to deny or delay
   payment of proper salaries or wages to any employee of this state; and
   
   6. The provisions of this section regarding collections of any
   overpayment of salaries or wages by any agency to any state employee
   or officer shall not include any such overpayment made prior to July
   1, 1983;
   
   7. Recovery of overpayments from an employee shall include all
   overpayments occurring within one (1) year prior to the determination
   of error. Disbursement of underpayments to an employee shall include
   all underpayments made within a period of two (2) years prior to the
   determination of error; and
   
   8. If an agency discovers overpayment or underpayment errors through
   an internal audit, the agency shall recover overpayments from the
   employee or disburse underpayment amounts in accordance with this
   section. Prior to initiation of recovery of overpayments from an
   employee, the agency shall provide the employee with adequate notice
   and an opportunity to respond.
   
   C. The Director of State Finance shall not approve any payroll claim
   for payment for any agency for which the Office of Personnel
   Management has filed with the Director of State Finance a notification
   of unresolved audit exception pursuant to this section, unless the
   person named in the audit exception has been removed from the payroll
   by the certifying agency, the overpayment has been converted by the
   agency, or the exception has been withdrawn or waived in writing by
   the Office of Personnel Management.
   
   D. Any sum on a payroll claim found to have been paid in excess of the
   actual amount due and owing may be recovered from the payee through
   the following procedures:
   
   1. Upon the determination that an error in payroll amount has been
   made, the agency which certified the claim or claims shall notify the
   payee in writing within ten (10) days from said determination. The
   notice to the payee shall contain:
   
   a. the amounts paid in error; and
   
   b. the dates of said payments; and
   
   c. the options available for repayment; and
   
   d. the right of the payee to protest the findings.
   
   Said notice shall also provide space for the payee to indicate an
   election of a repayment option or to protest the findings. Said
   election shall be required within thirty (30) days after the
   notification. A copy of said notice shall be forwarded to the Office
   of Personnel Management.
   
   2. If the payee is, at the time of said notification, an officer or
   employee of the agency seeking repayment, options available for
   repayment shall be by:
   
   a. lump-sum cash repayment; or
   
   b. reduction of the corrected current salary or miscellaneous payroll
   deduction in a lump sum or in installments over a term not to exceed
   the term in which the erroneous payments were made; or
   
   c. reduction in accrued annual leave by an amount of time at the then
   current correct salary level equal in value to the total of the amount
   or amounts to be repaid; or
   
   d. any combination thereof.
   
   3. If the payee is, at the time of said notification, an officer or
   employee of an agency of the state other than the agency seeking
   repayment, the options provided by paragraph 2 of this subsection may
   be exercised by the payee with the approval of the then current
   employing agency. Payment of amounts deducted or charged against
   annual leave shall be paid to the agency seeking repayment by an
   appropriate miscellaneous claim for interagency payment. If a payroll
   deduction is elected pursuant to the provisions of this paragraph and
   employment is subsequently terminated, any balance remaining shall be
   deducted from any final payment otherwise due to the employee.
   
   4. If a payee who is, at the time of said notification, a permanent
   classified officer or employee of any agency of this state protests
   the determination of the error or the amount of said determination,
   the agency seeking repayment shall present, within five (5) days of
   the return of said protest, the facts in writing, the notice, and the
   protest of the payee, to the Oklahoma Merit Protection Commission and
   shall send copies to the Office of Personnel Management. The Oklahoma
   Merit Protection Commission shall treat any such protest as a
   complaint pursuant to Section 840-1.9 of this title. The Commission
   and Executive Director, after investigation and hearing, shall make a
   determination which shall be binding on the agency. The salary or
   wages of any payee exercising the right to the protest shall not be
   suspended or reduced until a determination has been issued by the
   Oklahoma Merit Protection Commission and Executive Director.
   
   5. If the payee is no longer an employee of the state but agrees to
   repay the amount or amounts paid in error, repayment may be accepted:
   
   a. by lump-sum cash repayment; or
   
   b. in installments over a period not to exceed twelve (12) months.
   
   6. If the payee is no longer an employee of the state, and does not
   respond or cannot be located within ten (10) days after mailing of the
   determination of error, or refuses repayment, the agency seeking
   repayment shall present the facts in writing to the Attorney General
   and shall send a copy to the Office of Personnel Management. The
   Attorney General shall determine what action may be taken to recover
   said amount.
   
   7. Repayments other than by reduction in present salary or reduction
   in accrued annual leave for a payee currently employed by the agency
   seeking repayment shall be deposited in the General Revenue Fund
   unless the fund to which the amount in error was originally charged
   can be identified and was other than a General Revenue Fund
   appropriation. Said deposits shall be treated as nonrevenue receipts.