§74-840-6.4.

§74-840-6.4.
   
   A. A pretermination hearing shall be held before the appointing
   authority or its designee for any permanent classified state employee,
   as defined in Section 840.3 of this title, before such employee shall
   be terminated from state service unless the termination is part of a
   reduction-in-force as provided in Section 841.14 of this title.
   
   B. The procedures for a pretermination hearing shall be:
   
   1. Notice of a pretermination hearing shall be served by actual
   delivery or by certified or registered mail service at least seven (7)
   calendar days prior to the scheduled pretermination hearing;
   
   2. Said notice of the pretermination hearing shall state all grounds
   for termination and shall include a general summary of evidence or
   physical evidence to support each of the stated grounds for
   termination;
   
   3. The appointing authority shall file in the employee's official
   personnel file at least seventy-two (72) hours before each
   pretermination hearing, a certificate to be included in the record
   stating what disciplinary actions have been taken to comply with
   progressive disciplines prior to the pretermination hearing and
   proposed termination and further certifying that all mandatory
   progressive discipline actions as required by statute or rule have
   been taken before pretermination hearing; provided, said certificate
   shall not be required where grounds for proposed termination are for
   commission of a criminal offense and/or acts involving moral
   turpitude;
   
   4. The employee shall be advised of his or her rights of
   representation by legal counsel or a representative of choice;
   
   5. Any pretermination hearing shall be recorded in its entirety by an
   audible electronic tape recording, and a copy of the tape shall be
   provided to the employee at no cost if the employee appeals to the
   Oklahoma Merit Protection Commission;
   
   6. The pretermination hearing need not be a full evidentiary hearing.
   Formal rules of evidence shall not apply. The hearing shall be
   conducted so as to provide the appointing authority with information
   from which it may determine whether reasonable grounds exist to
   believe that the charges against the employee are true, and whether
   the grounds support the proposed action.
   
   7. Following the pretermination hearing, if recommendation for
   termination is made, recordings of the pretermination hearing and all
   evidence in support thereof, shall be reviewed for legal sufficiency
   by the appointing agency director or his or her designee before
   termination is final;
   
   8. Following review by said director the appointing authority shall
   notify the terminated employee of the final decision in the manner
   aforesaid within ten (10) working days after the pretermination
   hearing;
   
   9. Such notice shall state all grounds for termination;
   
   10. In any subsequent proceedings before the Oklahoma Merit Protection
   Commission or district court, no grounds for termination other than
   those stated in the aforementioned notices shall be considered.
   
   C. Any individual who willfully and knowingly violates these
   provisions shall be guilty of a misdemeanor and will be subject to
   appropriate disciplinary action which may include termination from
   state service.