SECTION 340:110-3-276. Necessity, issuance, and maintenance of a permit or license

(a)   General.

(1)   Care of children. The program:

(A)   does not accept children into care until authorization to operate is obtained from Licensing;

(B)   does not allow children to remain in care for 24 or more consecutive hours; and

(C)   provides care only at the location specified on the permit or license.

(2)   Access. Oklahoma Department of Human Services (DHS) staff have access to the entire facility. Parents have access per Oklahoma Administrative Code (OAC) 340:110-3-293(c).

(3)   Cooperation. Personnel cooperate with DHS staff.

(4)   Licensing process. The owner, responsible entity, and director are aware of their rights and responsibilities per OAC 340:110-3-275 through 340:110-3-311 and DHS Publication No. 06-47, Understanding the Licensing Process - Rights and Responsibilities.

(b)   Permit or license necessity.

(1)   Required. A program does not operate after June 30, 1964, unless authorized by Licensing per Section 401 et seq. of Title 10 of the Oklahoma Statutes (10 O.S. § 401 et seq.), the Oklahoma Child Care Facilities Licensing Act.

(2)   Exemptions. Authorization to operate is not required from Licensing when the program is exempt per 10 O.S. § 403, the Oklahoma Child Care Facilities Licensing Act.

(c)   Permit or license issuance.

(1)   Fire approval. An inspection from the local or state fire governmental authority having jurisdiction is required prior to authorization to operate from Licensing. Documentation is maintained per OAC 340:110-3-281.2(c).

(2)   Health approval. An inspection from Oklahoma State Department of Health (OSDH) or Indian Health Services (IHS) is required prior to authorization to operate from Licensing, unless the program only provides limited food service per OAC 340:110-3-299(a). Documentation is maintained per OAC 340:110-3-281.2(c).

(3)   Licensing approval. A request for a permit or license is made on DHS forms and authorization to operate is issued on the basis of the program complying with licensing requirements.

(d)   Permit or license maintenance.

(1)   Fire inspections. Inspections are conducted at least every two years by the local or state fire governmental authority having jurisdiction. Documentation is maintained per OAC 340:110-3-281.2(c).

(2)   Health inspections. Inspections are conducted at least every two years by OSDH or IHS, unless the program only provides limited food service per OAC 340:110-3-299(a). Documentation is maintained per OAC 340:110-3-281.2(c).

(3)   Licensing monitoring. Authorization to operate is maintained on the basis of the program complying with licensing requirements.

(4)   Change of business entity. The permit or license is not transferable. Both the existing and new programs notify Licensing of business entity changes per OAC 340:110-3-280(a). The new program is required to meet current requirements and does not care for children until authorization to operate is obtained from Licensing.

(5)   Change of location. The program notifies Licensing of location changes per OAC 340:110-3-280(a) and does not care for children at the new location until authorization to operate is obtained from Licensing.

(6)   Inactive status. When care is not provided, the program notifies Licensing per OAC 340:110-3-280(a). When care is not provided for 12 consecutive months, the program is no longer authorized to operate. The business entity must reapply and obtain authorization to operate from Licensing prior to resuming care.

(e)   Denial or revocation.

(1)   General. Licensing may deny a request for a license or revoke a license when the program does not meet the requirements or violates any provision of 10 O.S. §§ 401 et seq., the Oklahoma Child Care Facilities Licensing Act.

(2)   Notice. No request for a license is denied or license is revoked unless the owner, business entity, or responsible entity is given a 30-calendar day notice in writing of the grounds for the proposed denial or revocation.

(3)   Hearing. If the denial or revocation is appealed within 30-calendar days of the receipt of the written notice, a hearing is conducted.

(4)   Reapplication. When a request for a license is denied or a license is revoked, the owner, business entity, or responsible entity cannot make application for a new child care program license within Oklahoma for five years following notification to the owner, business entity, or responsible entity of the denial or revocation and including during an appeal process.

[Source: Amended and renumbered from 340:110-3-3 at 32 Ok Reg 704, eff 1-1-16 (emergency); Amended and renumbered from 340:110-3-3 at 33 Ok Reg 1678, eff 9-15-16]