Okla. Stat. tit. 10, § 10-1430.10a

Notice – Protest - Emergency.

A. The Department of Human Services may revoke, deny or refuse

to renew the license of any group home found to be in violation of

any provision of this act or the rules of the Commission for Human

Services, as provided in Section 1430.3 of Title 10 of the Oklahoma

Statutes.

B. 1. No license shall be revoked or issuance or renewal

denied unless and until such time as the licensee or applicant shall

have been given at least thirty (30) days’ notice in writing of the

grounds for the proposed revocation or refusal.

2. At the time the group home is given notice in writing of the

revocation or denial of a license, the Department shall also advise

the family member or advocate of each resident, as noted in Section

1430.22 of Title 10 of the Oklahoma Statutes, of the action by

written notification and the posting of an announcement in the group

home.

3. If the revocation or denial is protested within thirty (30)

days of receipt of the notice, in writing and addressed to the

Commission for Human Services, the Commission or the authorized

agency of the Commission shall conduct a hearing at which an

opportunity shall be given to the licensee or applicant to present

testimony and confront witnesses. On the basis of the evidence

produced at the hearing, the Department shall make findings of fact

and conclusions of law and enter an order thereon. The order of the

Department shall become final and binding on all parties unless

appealed to the district court as provided in Article II of the

Administrative Procedures Act within thirty (30) days after notice

has been sent to the parties.

Oklahoma Statutes - Title 10. Children Page 242

4. Notice of the hearing shall be given to the licensee or

applicant by personal service or by delivery to the last-known

address by certified mail, return receipt requested, at least two

(2) weeks prior to the date of the hearing.

5. After notice, if the proposed revocation or denial of a

license is not protested in accordance with this section, the

license may thereupon be revoked or denied.

C. 1. Nothing in this section shall be construed as preventing

the Department from taking emergency action as provided by this

subsection.

2. After an investigation or inspection, if the Department

finds that an emergency exists which requires immediate action to

protect the health, safety, or welfare of any resident of a group

home licensed pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act, the

Director may without notice or hearing issue an emergency order

stating the existence of the emergency and require that action be

taken as is deemed necessary to meet the emergency including, when

necessary, removing residents from the group home and prohibiting

the group home from providing services to residents pending a

hearing on the matter.

a. The emergency order shall be effective immediately.

Any person to whom an emergency order is directed shall

comply with the emergency order immediately but, upon

written request to the Department on or before the

tenth day after receipt of the emergency order, shall

be afforded a hearing on or before the tenth day after

receipt of the request by the Department.

b. On the basis of such hearing, the Department shall

continue the order in effect, revoke it, or modify it.

c. Any person aggrieved by the order continued after the

hearing provided for in this subsection may appeal the

order to the district court of the group home affected

within thirty (30) days of continuation or modification

of the order. The appeal when docketed shall have

priority over all cases pending on the docket, except

criminal cases. For purposes of this subsection,

“emergency” means a situation that poses a direct and

serious hazard to the health, safety, or welfare of any

resident of the group home.