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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 75. Attorney General |
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Chapter 1. Administration |
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Subchapter 7. Certification and Designation of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims of Sex Trafficking, and Batterers Intervention Programs |
SECTION 75:1-7-6. Procedures for completion of certification process
Latest version.
- (a) Certification process. Completion of the certification process will be done in cooperation between the applicant and certification team established and assigned by the Victims Services Unit of the Office of Attorney General, and consists of:(1) a review of all application materials;(2) a site review of the facility and completion of the applicable site visit protocol;(3) a review of all applicable records;(4) preparing certification reports for applicants;(5) reviewing and approving any needed plans of correction;(6) follow-up site reviews; and(7) presentation by Victims Services Unit staff of the review results and associated recommendations to the Attorney General.(b) Initial applications. All initial applications for certification shall be reviewed for completeness by Victims Services Unit staff. If the application is deemed complete, site review of the facility or program will be scheduled. Based on the initial site review findings, the applicant shall achieve a minimum score of seventy percent (70%) of the applicable standards and rules. If the minimum score is not achieved, a plan of correction will not be requested and a notice of denial of the certification application shall be sent to the applicant by the Attorney General. In such case, re-application may not be submitted until a minimum of three (3) months have passed following the issuance of the notification of denial.(c) Length of certification process. If an applicant for initial certification fails to achieve full certification within one (1) year of being granted temporary certification, the applicant shall not receive certification and a recommendation of revocation of the existing certification will be made to the Attorney General. In such case, re-application for certification shall be made in accordance with the requirements of 75:1-7-6 and 75:1-7-11. If the applicant requests withdrawal of the certification status because of the circumstances cited above, the applicant may reapply three (3) months after acknowledgement by the Office of Attorney General that the application has been withdrawn.(d) Renewal applications.(1) The Victims Services Unit will, prior to the renewal date, notify facilities the application for renewal of certification is due.(2) The program shall submit its application for renewal within sixty (60) days before the expiration of its certification.(3) Renewal applications for certification shall be reviewed for completeness by Victims Services Unit staff. If the facility does not achieve the minimum score of seventy percent (70%)compliance with the applicable standards and rules based on the site review findings, a plan of correction will not be requested and revocation of the certification status will be recommended to the Attorney General.(4) If, after being granted conditional certification, an applicant for renewal fails to achieve full certification within four (4) months, the applicant shall not receive full certification and a recommendation of revocation of the certification status will be made to the Attorney General.(e) Site reviews.(1) Initial, renewal or follow-up site reviews, based on the current certification status of the applicant, will be scheduled by designated representatives of the Victims Services Unit at each location or site of the applicant. The review will be conducted by the assigned certification team or a certification team member.(2) The follow-up site review(s) to Conditional Certification will be conducted to review implementation of the plan of correction to ensure cited deficiencies have been corrected or to demonstrate continued correction and compliance with the previously cited deficiencies. Failure to comply with applicable rules and implement the plan of corrections shall result in a recommendation that Certification be denied and Conditional Certification status be revoked.(3) The follow-up site visit(s) to Temporary Certification will be conducted on standards not applicable during the initial certification visit, implementation of the plan of correction to ensure cited deficiencies have been corrected or to demonstrate continued correction and compliance with the previously cited deficiencies, and a review of a minimum of five (5) records. Failure to comply with applicable rules and implement the plan of correction shall result in a recommendation that Certification be denied and Temporary Certification status be revoked.(4) A Site Review Protocol shall be completed during each site visit. Protocols shall contain the current Standards and Criteria applicable to the facility.(A) A facility must be prepared to provide evidence of compliance with each applicable standard.(B) In the event the reviewer(s) identifies some aspect of facility operation that adversely affects client safety, confidentiality or health, the reviewer(s) shall notify the facility director and appropriate Victims Services Unit staff. An immediate suspension of certification may be made by the Attorney General.(f) Deficiencies. A deficiency shall be cited for a failure to comply with the weighted value of each rule.(g) Report to applicant and plan of correction.(1) During the course of the certification process, and prior to determination of certification status, Victims Services Unit staff shall report the results of the site review to the facility. The facility shall receive written notice of the deficiencies in a Certification Report.(2) The facility must submit a written plan of correction for each deficiency for approval within two (2) weeks of the receipt of the Certification Report. Approval of the plan of correction shall be required before the completed application for certification will be presented to the Attorney General. Failure to submit the required plan of correction within two (2) weeks of the receipt of the Certification Report may result in denial of the certification application. In such case, re-application will be accepted after three (3) months from the date of issuance of the notification of denial from the Attorney General. However, if the facility does not achieve the minimum score of seventy percent (70%) compliance with the applicable standards and rules based on the initial site review findings, a plan of correction will not be requested, and the application will be denied.(h) Notification of Victims Services Unit recommendation for certification.(1) After completion of the site review and report on the Application for Certification, Victims Services Unit staff shall prepare a recommendation on the certification status or application for the Attorney General.(2) Prior to the Victims Services Unit staff's presentation of its recommendation of an applicant's certification to the Attorney General, the Victims Services Unit staff shall notify the applicant of the recommendation.(3) Achievement of certain scores is a prerequisite for consideration of a specific certification status but may not be the sole determinant. Individual deficiencies that meet the criteria in 75:1-7-9 may be grounds for suspending or revoking certification or denying applications for certification.(4) Consideration of certification may be deferred while additional information regarding a facility's compliance status is reviewed.(5) The minimum compliance scores for recommendation of a certification status to the Attorney General are:(A) Certification with Commendation. Facility is in compliance with 100% of the applicable rules.(B) Certification. Facility achieves compliance with 100% of the applicable rules after on-site correction(s).(C) Conditional Certification. Facility is in compliance with at least 70% but less than 100% of the applicable rules and will be given an opportunity to correct deficiencies.(D) Temporary Certification. Facility is in compliance with at least 70% but less than 100% of the applicable rules and will be given an opportunity to correct deficiencies.(i) Actions on Non-Certified Providers. If at the initial site review it is found the facility is providing services:(1) The initial review will be conducted, including review of applicable records.(2) The facility must comply with the requirements of 75:1-7-6 to proceed with the certification process.(3) If the applicant achieves less than 100% compliance, full certification must be achieved within four (4) months.(4) Upon successful completion of the certification process, Probationary Certification status will be conferred for no more than one (1) year.(5) Application for continued certification after the Probationary Certification period requires submission of a new application and fee(s) for each of the next two (2) years. The requirements in 75:1-7-6 shall apply. A recommendation for Certification for one (1) year will be made to the Attorney General.(j) Actions on certification applications. Victims Services Unit staff shall make one of the following recommendations to the Attorney General:(1) Certification with Commendation;(2) Certification;(3) Conditional Certification;(4) Temporary Certification(5) Probationary Certification; or(6) Revocation or Denial.(k) If the Attorney General approves a recommendation to revoke certification, an individual proceeding shall be initiated pursuant to the Administrative Procedures Act.