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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.