SECTION 340:110-1-55. 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, 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 Sections 401 through 410 of Title 10 of the Oklahoma Statutes that are considered public records are open and available for public inspection during reasonable hours. However, information obtained concerning a report of a violation of a licensing requirement is confidential pursuant to Section 406 of Title 10 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 in the OKDHS Human Service Center of the licensing staff and are inspected at that location. Licensing records may be inspected by the public in the presence of licensing staff.

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

(e)   Fees for photocopying. For photocopy fee information refer to OAC 340:2-21-16.

(f)   Release of confidential information. A complete case file that includes confidential information may be provided only to certain persons according to applicable laws and regulations, such as the OKDHS Legal Division and Division of Children and Family Services, law enforcement officials, and upon order of a court of competent jurisdiction.

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

[Source: Added at 17 Ok Reg 462, eff 10-19-99 (emergency); Added at 17 Ok Reg 1339, eff 5-11-00; 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 20 Ok Reg 1274, eff 6-1-03; Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 27 Ok Reg 1869, eff 7-1-10]