Current through Vol. 42, No. 1, September 16, 2024
(a)
Failure to meet requirements. When numerous, repeated, or serious
non-compliance with licensing requirements is observed and documented, or the
facility fails to adequately protect the health and safety of children, the
Oklahoma Department of Human Services (OKDHS) may deny the application for
license or revoke the license.
(1)
Denial of application for license. If a facility has filed an
application for an initial license, OKDHS may deny the application for
licensure.
(2)
Revocation of
license. If a license or provisional license is currently in effect, the
licensing staff may recommend that the license be revoked.
(b)
Licensing staff
recommendation. The licensing staff consults with the licensing
supervisor regarding his or her recommendation for revocation or denial. If the
licensing supervisor concurs with the recommendation, the decision is discussed
with the licensing RPM, and the statewide licensing coordinator, or designee.
If they concur with the decision, licensing staff prepares the case for review
by the statewide licensing coordinator or designee. Licensing staff submits the
complete case record to the licensing supervisor who reviews the case to ensure
all monitoring visits, complaints, correspondence, and relevant documents are
included. The facility is notified in writing that the case has been referred
to the statewide licensing coordinator.
(c)
Approval of recommendation and
notification. The case record and summary are reviewed by the statewide
licensing coordinator or designee. Licensing staff's recommendation of
revocation or denial is either approved, disapproved, or the decision delayed
pending further investigation.
(1) When the
recommendation is approved by the statewide licensing coordinator, it is
submitted to OKDHS Legal Division for review of the legal adequacy of the
notice of pending action that is mailed to the owner. The director of Child
Care Services or designee has final approval of the revocation or
denial.
(2) The statewide licensing
coordinator sends a written notice of the pending action to the owner by
certified mail at least 30 days prior to the effective date of the action. The
notice includes:
(A) a copy of the
summary;
(B) a statement regarding
the owner's right to appeal the decision;
(C) a statement that the law requires written
notification to parents of the action taken, and instruction to the owner to
submit the names and addresses of children currently enrolled;
(D) a sign providing notice of proposed
revocation or denial that is required to be prominently posted in the facility;
and
(E) a statement regarding the
facility's reduction in Stars status, if applicable.
(3) During the next monitoring visit, the
licensing staff and a witness verify that the sign providing notice of proposed
revocation or denial is posted. If the sign is not posted, the licensing staff
sends a letter to the owner documenting the violation of the legal
notice.
(4) If the owner does not
provide children's names and addresses, the licensing staff records the
information from the children's records during the next monitoring
visit.
(5) Questions from the owner
regarding the action and appeal process are referred to the statewide licensing
coordinator or designee.
(6) If the
owner does not appeal the decision within the designated time period, the
statewide licensing coordinator sends a letter to the owner giving notice of
the denial or revocation and stating the effective date. The closure date is
entered into the database by the statewide licensing coordinator or designee. A
copy of the correspondence is sent to the licensing staff and to the licensing
records office for potential restricted registration procedures per OAC
340:110-1-10.1.
(7) The licensing staff conducts a follow-up
visit to confirm that child care has been discontinued. The statewide licensing
coordinator or designee is notified of the visit.
(8) If the owner continues to maintain and
operate the facility for child care after a final decision revoking or denying
licensure, after consultation with RPM, licensing staff contacts a Council on
Law Enforcement Education and Training (CLEET)-certified officer for assistance
and submits a referral to the district attorney (DA) on Form 07LC098E, District
Attorney Referral, for further action.
(9)
Citation Request. A referral
is made on Form 07LC097E, Citation Request, for the assistance of a
CLEET-certified officer. The following procedures are followed:
(A) Licensing staff contacts a
CLEET-certified officer to schedule a visit to the facility.
(B) Upon violations of conditions set forth
in the Emergency Order, or following the revocation, or denial of a license, a
citation may be issued by the CLEET-certified officer for not less than $100,
nor more than $500 for every day the facility maintains and receives
children.
(C) Licensing staff and a
CLEET-certified officer monitor the facility until care of children has
ceased.
(10)
Referral to the District Attorney (DA). If violation of an
Emergency Order occurs, licensing staff consults with RPM for the necessity of
a referral to DA. Should a referral be necessary, licensing staff complete Form
07LC098E, District Attorney Referral, that includes documentation of the facts
of the case. A copy is sent to the statewide licensing coordinator who informs
the OKDHS Legal Division of the referral.
(11)
Referral to the Attorney
General. If no action is taken by a DA of the county where the facility
is operating, a referral may be made to the Attorney General by the statewide
licensing coordinator or designee.
(d)
Appeal process. The appeal
process regarding denial of application or revocation of license is described
in this subsection.
(1) The appeal is
submitted to the Oklahoma Commission for Human Services by the owner within 30
days of receipt of the notice.
(2)
If the owner appeals, a hearing is scheduled by the OKDHS Appeals
Unit.
(3) The facility may continue
to operate during any appeal process unless an Emergency Order is in effect.
The licensing staff conducts monitoring visits at least once a month, unless
advised otherwise by the statewide licensing coordinator or designee, and is
accompanied by the same witness whenever possible. If at any time during the
appeal process OKDHS believes that the health, safety, or well-being of
children cannot be ensured:
(A) an Emergency
Order is requested; or
(B)
following consultation with the statewide licensing coordinator or designee,
the licensing supervisor contacts the DA and requests that an injunction be
filed.
(4) If the
decision of OKDHS to revoke or deny a license is upheld during all appeals, the
statewide licensing coordinator sends a letter to the owner that child care
must immediately cease. A copy of the cease and desist letter is forwarded to
the licensing records office for potential restricted registration procedures
per OAC
340:110-1-10.1.
The licensing staff conducts a follow-up visit to confirm that child care has
been discontinued. If the owner continues to operate the child care facility,
the licensing field staff, in consultation with the statewide licensing
coordinator or designee, may request that the local DA pursue an injunction or
initiate criminal proceedings, or the statewide licensing coordinator may
pursue legal action through the Attorney General.
(5) If the decision of OKDHS to revoke or
deny a license is not upheld, OKDHS takes action to implement the decision
within ten calendar days.
(6) When
OKDHS denies or revokes a facility's license, the responsible entity can not
make application for a new child care facility license within Oklahoma for five
years following notification to the responsible entity of the license denial or
revocation and during an appeal process.
(e)
Change in ownership during appeal
process. If there is a change in ownership during the appeal process,
the owner must provide documentation verifying the change. This information is
reviewed by the RPM. The statewide licensing coordinator may proceed with the
previous owner's denial or revocation.
Amended at 10 Ok Reg
2369, eff 6-11-93; Amended at 11 Ok Reg 385, eff 10-15-93 (emergency); Amended
at 11 Ok Reg 2773, eff 6-13-94; Amended at 13 Ok Reg 499, eff 11-14-95
(emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 16 Ok Reg 2527,
eff 7-1-99; Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00
(emergency)1; Amended at 18 Ok Reg 2144, eff
6-11-01; Amended at 19 Ok Reg 221, eff 11-1-01 (emergency); Amended at 19 Ok
Reg 1171, eff 5-13-02; Amended at 19 Ok Reg 2274, eff 6-27-02; Amended at 20 Ok
Reg 1259, eff 6-1-03; Amended at 21 Ok Reg 910, eff 6-1-04; Amended at 22 Ok
Reg 1304, eff 6-1-05; Amended at 24 Ok Reg 1351, eff 7-1-07; Amended at 25 Ok
Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency);
Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 48, eff 10-1-09
(emergency); Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 28 Ok Reg 1669,
eff 7-1-11
1This emergency action expired
without being superseded by a permanent action. Upon expiration of an emergency
amendatory action, the last effective permanent text of the Section is
reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this
emergency action), the text of 340:110-1-10 reverted back to the permanent text
that became effective 7-1-99, as was last published in the 1999 OAC Supplement,
and remained as such until amended again by permanent action on
6-11-01.
