SECTION 310:680-3-5. Sanctions

(a)   The Department may deny, refuse, suspend, or refuse to renew a license to a residential care home on the following grounds:

(1)   Failure to meet the provisions of the standards, rules, or regulations for licensure or the provisions of the Residential Care Act.

(2)   The residential care home has a history of noncompliance or incomplete or partial compliance with the provisions of the Residential Care Act, or the standards, rules, or regulations, or other evidence which demonstrates that the applicant or licensee is unlikely to manage or operate a home or to provide appropriate services to the residents of the home.

(3)   The applicant has insufficient financial or other resources to the extent that the applicant or licensee is incapable of assuring or providing adequate services to the residents of the home.

(4)   An applicant, licensee administrator or operator has been convicted of a misdemeanor or felony in connection with the management or operation of a home or facility, or the care and treatment of a resident of a residential care home or other long term care facility.

(5)   The applicant or licensee has permitted, aided, or abetted the commission of an illegal act in connection with the management or operation of a home or the care of treatment of a resident of a home.

(6)   Failure to make corrections of violations as required in a plan of correction submitted by the home.

(b)   The Department may issue a conditional license to any residential care home that violations exist. The issuance of a conditional license shall revoke any license held by the home.

(c)   The Department may initiate an emergency transfer of residents in any home where an immediate health or safety hazard exists.

(d)   The Department may petition the court to place the home under the control of a receiver to ensure that the residents receive adequate care if the Commissioner determines that proper cause exists. Whatever steps necessary shall be taken to protect the health, welfare, and safety of the residents.

(e)   Any person who has been determined by the Department to have violated any provisions of the Residential Care Act or any rule, regulation, or order issued pursuant to the provisions of the Residential Care Act may be liable for a civil penalty of not more than one hundred dollars ($100.00) for each day that the violation continues. The maximum civil penalty shall be ten thousand dollars ($10,000.00) for any related series of violations.

(f)   The Attorney General or the district attorney of the appropriate district court of Oklahoma may bring an action in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of the Residential Care Act or any rule, regulation, or order issued pursuant to the Residential Care Act.

(g)   Enforcement of any action for equitable relief to redress or restrain a violation by any person of a provision of the Residential Care Act or for an injunction or recovery of any administrative or civil penalty assessed pursuant to the Residential Care Act may be brought by:

(1)   the district attorney of the appropriate court of the State of Oklahoma.

(2)   the Attorney General on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma; or

(3)   the Department on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma, or as otherwise authorized by law.

(h)   The court has jurisdiction to determine said action, and to grant the necessary or appropriate relief, including but not limited to mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.

[Source: Amended at 17 Ok Reg 2074, eff 6-12-00]