SECTION 340:110-1-13. Unlicensed facilities

(a)   Legal basis and authority. Pursuant to Section 405 of Title 10 of the Oklahoma Statutes, no child care facility may be operated or maintained in this state, unless licensed or given permission to operate by the Oklahoma Department of Human Services (OKDHS).

(b)   Procedure for investigating the operation of an unlicensed facility. When information is received regarding the operation of an unlicensed facility, staff conducts a full monitoring visit no later than three facility business days to assess the necessity of a license.

(1)   If care is being provided, staff informs the facility they have not been given permission to operate and they are in violation of the Oklahoma Child Care Facilities Licensing Act. During the visit the facility is informed on Form 07LC095E, Notice Regarding Unlicensed Care, that:

(A)   care must cease by the end of the current business day unless imminent risk indicates the need for the facility to cease care immediately; or

(B)   permission to operate may be granted when the facility:

(i)   is in compliance with health and safety requirements without serious non-compliances as referenced in OAC 340:110-1-9.3;

(ii)   has submitted a completed application in accordance with OAC 340:110-1-6;

(iii)   provides all required background information per OAC 340:110-1-8.1; and

(iv)   has staff present who meet the following licensing requirements:

(I)   documented current cardio-pulmonary resuscitation and first aid certification;

(II)   required health and safety training completed; and

(III)   minimum educational qualifications for the position held.

(2)   If a facility is not granted permission to operate, a follow-up visit is conducted within one facility business day to verify the termination of care andThe follow-up visit timeframe may be extended up to five days with supervisory approval and is documented on Form 07LC080E, Licensing Services Supplemental Information. When care of children has not ceased, staff proceed per OAC 340:110-1-9.4.

(3)   When the necessity of a license is not required, licensing staff documents the investigation of unlicensed operation on Form 07LC080E.

(c)   Documentation of Findings. Following the unlicensed complaint investigation licensing staff proceed with procedures in OAC 340:110-1-9.2(k). All case staffings and discussions of case actions are documented on Form 07LC080E and maintained in the case file.

[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 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 2274, eff 6-27-02; Amended at 24 Ok Reg 1351, eff 7-1-07; 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 1869, eff 7-1-10; Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 29 Ok Reg 1229, eff 7-1-12]