Okla. Stat. tit. 63, § 63-1-830
This is the official text of Okla. Stat. tit. 63, § 63-1-830, 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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Complaints - Notice - Hearing - Orders - Emergencies
Official statutory text
A. Whenever the State Department of Health determines that a
home is in violation of the provisions of the Residential Care Act
or any rule promulgated pursuant thereto, the Department shall give
written notice to the home of the violation.
B. The Department shall give the notice specified by the
provisions of subsection A of this section within ten (10) business
days of an inspection or investigation of the home.
C. The home may request a hearing within ten (10) business days
of receipt of the notice. 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 Department shall
give written notice of such order to the alleged violator and to
such other persons as shall have appeared at the hearing and made
written request for notice of the order. The Department may enter
its order on the basis of such record or, before issuing its order,
require additional hearings or further evidence to be presented.
The order of the Department shall become final and binding on all
Oklahoma Statutes - Title 63. Public Health and Safety Page 482
parties unless appealed to the district court as provided in
Sections 317 through 325 of Title 75 of the Oklahoma Statutes within
thirty (30) days after notice has been sent to the parties.
D. Whenever the Department finds that an emergency exists
requiring immediate action to protect the public health or welfare
of any resident of a home licensed pursuant to the provisions of the
Residential Care Act, the Department may without notice or hearing
issue an order stating the existence of such an emergency and
requiring that such action be taken as it deems necessary to meet
the emergency. Such order shall be effective immediately. The
State Board of Health shall adopt rules that establish criteria for
the emergency transfer of residents initiated by the State
Department of Health, including notice and hearings, if the resident
is aggrieved by the decision. Any person to whom such an order is
directed shall comply with the order immediately but on application
to the Department shall be afforded a hearing within ten (10)
business days of receipt of the notice. On the basis of such
hearing, the Department shall continue such order in effect, revoke
it, or modify it. Any person aggrieved by such order continued
after the hearing provided for in this subsection may appeal to the
district court of the area affected within thirty (30) days. Such
appeal when docketed shall have priority over all cases pending on
the docket, except criminal cases.
E. The hearings authorized by this section may be conducted by
the Department. The Department may designate hearing officers who
shall have the power and authority to conduct such hearings in the
name of the Department at any time and place. Such hearings shall
be conducted in conformity with and records made thereof as provided
by the provisions of Sections 309 through 326 of Title 75 of the
Oklahoma Statutes.
home is in violation of the provisions of the Residential Care Act
or any rule promulgated pursuant thereto, the Department shall give
written notice to the home of the violation.
B. The Department shall give the notice specified by the
provisions of subsection A of this section within ten (10) business
days of an inspection or investigation of the home.
C. The home may request a hearing within ten (10) business days
of receipt of the notice. 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 Department shall
give written notice of such order to the alleged violator and to
such other persons as shall have appeared at the hearing and made
written request for notice of the order. The Department may enter
its order on the basis of such record or, before issuing its order,
require additional hearings or further evidence to be presented.
The order of the Department shall become final and binding on all
Oklahoma Statutes - Title 63. Public Health and Safety Page 482
parties unless appealed to the district court as provided in
Sections 317 through 325 of Title 75 of the Oklahoma Statutes within
thirty (30) days after notice has been sent to the parties.
D. Whenever the Department finds that an emergency exists
requiring immediate action to protect the public health or welfare
of any resident of a home licensed pursuant to the provisions of the
Residential Care Act, the Department may without notice or hearing
issue an order stating the existence of such an emergency and
requiring that such action be taken as it deems necessary to meet
the emergency. Such order shall be effective immediately. The
State Board of Health shall adopt rules that establish criteria for
the emergency transfer of residents initiated by the State
Department of Health, including notice and hearings, if the resident
is aggrieved by the decision. Any person to whom such an order is
directed shall comply with the order immediately but on application
to the Department shall be afforded a hearing within ten (10)
business days of receipt of the notice. On the basis of such
hearing, the Department shall continue such order in effect, revoke
it, or modify it. Any person aggrieved by such order continued
after the hearing provided for in this subsection may appeal to the
district court of the area affected within thirty (30) days. Such
appeal when docketed shall have priority over all cases pending on
the docket, except criminal cases.
E. The hearings authorized by this section may be conducted by
the Department. The Department may designate hearing officers who
shall have the power and authority to conduct such hearings in the
name of the Department at any time and place. Such hearings shall
be conducted in conformity with and records made thereof as provided
by the provisions of Sections 309 through 326 of Title 75 of the
Oklahoma Statutes.
Status: in_force · Read it on the official government site
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