SECTION 340:110-1-10. Revocation or denial of license

(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.

[Source: 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); 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]

Note

EDITOR’S NOTE: This 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.