SECTION 340:110-1-14. Public inspection of licensing files

(a)   Legal basis. The Oklahoma Department of Human Services (OKDHS) is subject to the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes (O.S.), which mandates that public records are open for public inspection unless they are required by law to be kept confidential.

(b)   Licensing records. All OKDHS records of facilities required to be licensed under 10 O.S. § 401 et seq. that are considered public records are open and available for public inspection during reasonable hours. Information obtained concerning a report of a violation of a licensing requirement is confidential pursuant to 10 O.S. § 406 with the exception of a summary of allegations and findings of an investigation involving a child care facility that does not disclose identities but that permits the public to evaluate the facility.

(c)   Location of case records. Child care facility licensing records are located and inspected in the OKDHS Human Service Center where licensing staff reside. If a parent resides in another county, the licensing staff makes the record available in that county.

(d)   Preparation of case files for inspection. The licensing staff carefully reviews the entire record and removes confidential information.

(e)   Records of complaints. To allow persons inspecting a licensing record to have access to information regarding complaints, Form 07LC081E, Licensing Complaint Report Summary, is included in the file. Form 07LC012E, Licensing Complaint, is removed from the file that is open for public inspection. If information regarding a complaint is requested prior to completion of the investigation, the licensing staff explains that information regarding the allegation and findings is released after the investigation is complete.

(f)   Supervision of files during inspection. Facility records are inspected in the presence of OKDHS staff persons who are available to provide clarification on licensing policy and requirements.

(g)   Fees for photocopying. Guidelines for photocopying fees are provided per OAC 340:2-21-16.

(h)   Release of confidential information.

(1)   A complete case file that includes confidential information is not released to the public, and may be provided only to certain persons according to applicable laws and regulations, for example, OKDHS Legal Division, Children and Family Services Division, law enforcement officials, and upon order of a court of competent jurisdiction.

(2)   The name or other identifying information of a complainant listed on Form 07LC012E is confidential and released only upon order of a court of competent jurisdiction.

(i)   Computer licensing record. A summary of the facility licensing record maintained on the OKDHS Web site as recorded in public view may be provided upon request at no charge. A cover letter is sent with the licensing summary that notes that the summary does not include the complete case record, and that the complete case record may be reviewed in the OKDHS Human Service Center where the facility is located.

(j)   Release of information over the telephone. Information on public view may be released over the telephone, including completed complaint information. If more information is requested, the file may be viewed at the county office.

[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 14 Ok Reg 2174, eff 5-14-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; 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 221, eff 11-1-01 (emergency); Amended at 19 Ok Reg 2274, eff 6-27-02; 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 27 Ok Reg 1869, eff 7-1-10; Amended at 28 Ok Reg 1669, eff 7-1-11]