Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 5 - Fair Hearings
Part 11 - CHILD CARE FACILITY LICENSING
Section 340:2-5-119 - Standard of review and burden of proof
Universal Citation: OK Admin Code 340:2-5-119
Current through Vol. 42, No. 1, September 16, 2024
(a) Standard of review. The administrative hearing officer (AHO) determines whether the Oklahoma Department of Human Services (DHS) action is supported by clear and convincing evidence and not contrary to the applicable law.
(b) Burden of proof. The party who seeks to alter the status quo has the burden of proof. The burden of proof is on:
(1) an applicant to show that the
applicant is eligible to receive a child care facility license;
(2) DHS to show that a child care facility
license should be revoked;
(3) DHS
to show that the issuance of an Emergency Order was necessary to protect the
health, safety, or welfare of a child receiving child care; and
(4) DHS to show that the person should be
recorded on the Child Care Restricted Registry.
Added at 19 Ok Reg 2199, eff 6-27-02; Amended at 25 Ok Reg 12, eff 8-3-07 (emergency); Amended at 25 Ok Reg 885, eff 5-11-08
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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