Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 110 - Licensing Services
Subchapter 3 - Licensing Standards For Child Care Facilities
Part 15 - REQUIREMENTS FOR CHILD CARE CENTERS, DAY CAMPS, DROP-IN PROGRAMS, OUT-OF-SCHOOL TIME PROGRAMS, -DAY PROGRAMS, AND PROGRAMS FOR SICK CHILDREN
Section 340:110-3-276 - Necessity, issuance, and maintenance of a permit or license
Universal Citation: OK Admin Code 340:110-3-276
Current through Vol. 42, No. 1, September 16, 2024
(a) General.
(1)
Care of children. The
program:
(A) does not accept children into
care until authorization to operate is obtained from Licensing;
(B) does not allow children to remain in care
for 24 or more consecutive hours; and
(C) provides care only at the location
specified on the permit or license.
(2)
Access. Oklahoma Department
of Human Services (DHS) staff have access to the entire facility. Parents have
access per Oklahoma Administrative Code (OAC)
340:110-3-293(c).
(3)
Cooperation. Personnel
cooperate with DHS staff.
(4)
Licensing process. The owner, responsible entity, and director are
aware of their rights and responsibilities per OAC
340:110-3-275 through
340:110-3-311
and DHS Publication No. 06-47, Understanding the Licensing Process - Rights and
Responsibilities.
(b) Permit or license necessity.
(1)
Required. A program does not operate after June 30, 1964, unless
authorized by Licensing per Section
401
et seq. of Title 10 of the Oklahoma Statutes (10 O.S. §
401
et seq.), the Oklahoma Child Care Facilities Licensing Act.
(2)
Exemptions. Authorization to
operate is not required from Licensing when the program is exempt per 10 O.S.
§
403, the
Oklahoma Child Care Facilities Licensing Act.
(c) Permit or license issuance.
(1)
Fire approval. An inspection
from the local or state fire governmental authority having jurisdiction is
required prior to authorization to operate from Licensing. Documentation is
maintained per OAC
340:110-3-281.2(c).
(2)
Health approval. An
inspection from Oklahoma State Department of Health (OSDH) or Indian Health
Services (IHS) is required prior to authorization to operate from Licensing,
unless the program only provides limited food service per OAC
340:110-3-299(a).
Documentation is maintained per OAC
340:110-3-281.2(c).
(3)
Licensing approval. A
request for a permit or license is made on DHS forms and authorization to
operate is issued on the basis of the program complying with licensing
requirements.
(d) Permit or license maintenance.
(1)
Fire inspections.
Inspections are conducted at least every two years by the local or state fire
governmental authority having jurisdiction. Documentation is maintained per OAC
340:110-3-281.2(c).
(2)
Health inspections.
Inspections are conducted at least every two years by OSDH or IHS, unless the
program only provides limited food service per OAC
340:110-3-299(a).
Documentation is maintained per OAC
340:110-3-281.2(c).
(3)
Licensing monitoring.
Authorization to operate is maintained on the basis of the program complying
with licensing requirements.
(4)
Change of business entity. The permit or license is not
transferable. Both the existing and new programs notify Licensing of business
entity changes per OAC 340:110-3-280(a). The new program is required to meet
current requirements and does not care for children until authorization to
operate is obtained from Licensing.
(5)
Change of location. The
program notifies Licensing of location changes per OAC 340:110-3-280(a) and
does not care for children at the new location until authorization to operate
is obtained from Licensing.
(6)
Inactive status. When care is not provided, the program notifies
Licensing per OAC 340:110-3-280(a). When care is not provided for 12
consecutive months, the program is no longer authorized to operate. The
business entity must reapply and obtain authorization to operate from Licensing
prior to resuming care.
(e) Denial or revocation.
(1)
General. Licensing may deny
a request for a license or revoke a license when the program does not meet the
requirements or violates any provision of 10 O.S. §§
401
et seq., the Oklahoma Child Care Facilities Licensing Act.
(2)
Notice. No request for a
license is denied or license is revoked unless the owner, business entity, or
responsible entity is given a 30-calendar day notice in writing of the grounds
for the proposed denial or revocation.
(3)
Hearing. If the denial or
revocation is appealed within 30-calendar days of the receipt of the written
notice, a hearing is conducted.
(4)
Reapplication. When a request for a license is denied or a license
is revoked, the owner, business entity, or responsible entity cannot make
application for a new child care program license within Oklahoma for five years
following notification to the owner, business entity, or responsible entity of
the denial or revocation and including during an appeal process.
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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