Okla. Stat. tit. 10, § 10-408

This is the official text of Okla. Stat. tit. 10, § 10-408, part of Oklahoma’s Stat. tit. 10, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10,." Browse the sections below, each linked to its official government source.

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Appeals

Official statutory text

Oklahoma Statutes - Title 10. Children Page 94

A. Any licensee or applicant aggrieved by the decision of the

Department of Human Services under Section 407 of this title may,

within ten (10) days after the revocation or denial of the license,

appeal to the district court of the county in which the child care

facility is maintained and operated by filing with the clerk of the

court a verified petition. Notice of such appeal shall be served on

the Director of the Department within five (5) days of the date of

its filing.

B. The licensee or applicant shall, within twenty (20) days of

the filing of the appeal, file with the clerk of such court a

transcript of the proceedings held pursuant to Section 407 of this

title. The district court shall thereupon be vested with

jurisdiction to review the proceedings of the Department; provided

that, if the Department prevails, the judgment of the district court

shall be that the decision of the Department be affirmed, and if the

licensee or applicant prevails, the judgment of the court shall be

that the revocation be set aside or the license issued or renewed,

as the case may be. Pending the hearing of the appeal, the action

of the Department revoking or denying the license or the granting

thereof shall be stayed; provided, after the filing of an appeal,

the district court, upon application by the Department and after an

appropriate hearing, may grant a restraining order to enforce the

decision of the Department.

Status: in_force · Read it on the official government site

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