Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 5 - Fair Hearings
Part 11 - CHILD CARE FACILITY LICENSING
Section 340:2-5-115 - Appeals Unit action following receipt of a hearing request
Universal Citation: OK Admin Code 340:2-5-115
Current through Vol. 42, No. 1, September 16, 2024
(a) Upon receipt of a hearing request, a hearing number is assigned.
(b) The Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO). The AHO determines if the hearing request:
(1) was made timely; and
(2) involves an appealable issue. An issue is
appealable only if the Oklahoma Department of Human Services notified the
appealing party in writing that:
(A) an
application for a child care facility license is denied;
(B) a child care facility license is
revoked;
(C) an Emergency Order was
issued; or
(D) an individual
received notice of his or her name being recorded on the Child Care Restricted
Registry.
(c) When a hearing request is both timely and relates to an appealable issue the:
(1) AHO sets a hearing date. In appeals of
Emergency Orders, the hearing must be held within 10-calendar days of receipt
of the appealing party's request for a hearing;
(2) Appeals Unit supervisor designates an
AHO; and
(3) Appeals Unit mails the
notice of hearing to the appealing party. Copies of this notification are sent
to Child Care Services, appropriate supervisory staff, and the authorized
representative, if any. The notice of hearing is mailed in cases involving:
(A) license denial or revocation, by
certified mail not less than 14 calendar days prior to the hearing date, unless
waived by the appealing party;
(B)
appeals of Emergency Orders, notice is given as far in advance of the hearing
date as possible; and
(C) recording
on the Child Care Restricted Registry, by certified mail not less than 14
calendar days prior to the hearing date, unless waived by the
registrant.
Added at 19 Ok Reg 2199, eff 6-27-02
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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