Okla. Stat. tit. 63, § 63-1-1930.2
This is the official text of Okla. Stat. tit. 63, § 63-1-1930.2, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Petition to place facility under control of receiver
Official statutory text
– Hearing - Emergency hearing - Ex parte receivership.
A. Whenever a determination is made that one of the following
conditions exists, the State Commissioner of Health shall take
whatever steps necessary to protect the health, welfare and safety
of the residents including, if necessary, petitioning the court to
place the facility under the control of a receiver to ensure that
the residents receive adequate care:
1. The facility is operating without a license;
2. The State Department of Health has suspended, revoked or
refused to renew the existing license of the facility;
3. The facility is closing or has informed the Department that
it intends to close and adequate arrangements for relocation of
residents have not been made at least thirty (30) days prior to
closure;
4. An emergency exists, whether or not the Department has
initiated revocation or nonrenewal procedures, if because of the
unwillingness or inability of the licensee to remedy the emergency,
the appointment of a receiver is necessary; or
5. It is necessary to ensure that the residents get adequate
care in a situation in which the residents' health and safety are
threatened.
Oklahoma Statutes - Title 63. Public Health and Safety Page 726
B. The court shall hold a hearing within five (5) days of the
filing of the petition. The petition and notice of the hearing
shall be served on the owner, administrator or designated agent of
the facility and the petition and notice of hearing shall be posted
in a conspicuous place in the facility not later than three (3) days
before the time specified for the hearing, unless a different time
limit is fixed by order of the court. The court shall appoint a
receiver for a limited time period, not to exceed one hundred eighty
(180) days, which shall automatically terminate the receivership
unless extended by the court.
C. If a petition filed under this section alleges an emergency
exists, the court may set the matter for hearing at the earliest
possible time. The petitioner shall notify the licensee,
administrator of the facility or registered agent of the licensee
more than five (5) days prior to the hearing. Any form of written
notice may be used. A receivership shall not be established ex
parte by the court unless the Commissioner, under oath, has provided
a statement that the Commissioner has personally determined that
there is a life-endangering situation. A waiver of the five-day
notice requirement may be approved by the court in life-endangering
situations as determined and confirmed under oath, by the
Commissioner.
A. Whenever a determination is made that one of the following
conditions exists, the State Commissioner of Health shall take
whatever steps necessary to protect the health, welfare and safety
of the residents including, if necessary, petitioning the court to
place the facility under the control of a receiver to ensure that
the residents receive adequate care:
1. The facility is operating without a license;
2. The State Department of Health has suspended, revoked or
refused to renew the existing license of the facility;
3. The facility is closing or has informed the Department that
it intends to close and adequate arrangements for relocation of
residents have not been made at least thirty (30) days prior to
closure;
4. An emergency exists, whether or not the Department has
initiated revocation or nonrenewal procedures, if because of the
unwillingness or inability of the licensee to remedy the emergency,
the appointment of a receiver is necessary; or
5. It is necessary to ensure that the residents get adequate
care in a situation in which the residents' health and safety are
threatened.
Oklahoma Statutes - Title 63. Public Health and Safety Page 726
B. The court shall hold a hearing within five (5) days of the
filing of the petition. The petition and notice of the hearing
shall be served on the owner, administrator or designated agent of
the facility and the petition and notice of hearing shall be posted
in a conspicuous place in the facility not later than three (3) days
before the time specified for the hearing, unless a different time
limit is fixed by order of the court. The court shall appoint a
receiver for a limited time period, not to exceed one hundred eighty
(180) days, which shall automatically terminate the receivership
unless extended by the court.
C. If a petition filed under this section alleges an emergency
exists, the court may set the matter for hearing at the earliest
possible time. The petitioner shall notify the licensee,
administrator of the facility or registered agent of the licensee
more than five (5) days prior to the hearing. Any form of written
notice may be used. A receivership shall not be established ex
parte by the court unless the Commissioner, under oath, has provided
a statement that the Commissioner has personally determined that
there is a life-endangering situation. A waiver of the five-day
notice requirement may be approved by the court in life-endangering
situations as determined and confirmed under oath, by the
Commissioner.
Status: in_force · Read it on the official government site
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