Okla. Stat. tit. 63, § 63-1-860.10

order or other instrument.

A. If upon inspection or investigation, or whenever the

Department determines that there are reasonable grounds to believe

that a hospice is operating in violation of the Oklahoma Hospice

Licensing Act, or any rule promulgated pursuant to the Oklahoma

Hospice Licensing Act, or any order of the Department pursuant to

the Act, the Department shall give written notice to the alleged

violator specifying the cause of complaint. Such notice shall

require that the matters complained of be corrected within forty-

five (45) days or that the alleged violator appear before the

Department at a time and place specified in the notice and answer

charges. The notice shall be delivered to the alleged violator in

accordance with the provisions of the Administrative Procedures Act,

Section 301 et seq. of Title 75 of the Oklahoma Statutes.

B. The Department shall give the notice specified by the

provisions of subsection A of this section within ten (10) days of

an inspection or investigation of the hospice if the Department

determines that the hospice is in violation of the Oklahoma Hospice

Licensing Act, the rules promulgated by the Board pursuant to the

Oklahoma Hospice Licensing Act, or any order of the Department

pursuant to the Act.

C. The Department shall afford the alleged violator an

opportunity for a fair hearing within sixty (60) days of receipt of

notice provided by subsection A of this section in accordance with

the provisions of the Administrative Procedures Act, Section 301 et

seq. of Title 75 of the Oklahoma Statutes. 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 persons as shall have appeared at the hearing

and made written request for notice of the order. If the hearing is

held before any person other than the Department, such person shall

transmit the record of the hearing together with recommendations for

findings of fact and conclusions of law to the Department which

Oklahoma Statutes - Title 63. Public Health and Safety Page 519

shall thereupon enter its order. The Department may enter its order

on the basis of such record or, before issuing its order, may

require additional hearings or further evidence to be presented.

The order of the Department shall become final and binding on all

parties unless appealed to the Supreme Court as provided in the

Administrative Procedures Act, Section 301 et seq. of Title 75 of

the Oklahoma Statutes, within thirty (30) days after notice has been

sent to the parties.

D. Except as otherwise expressly provided by law, any notice,

order, or other instrument issued by or pursuant to authority of the

Department may be served on any person affected thereby personally,

by publication, or by mailing a copy of the notice, order, or other

instrument by certified mail, return receipt requested, directed to

the person affected at his last-known post office address as shown

by the files or records of the Department. Proof of service shall

be made as in the case of service of a summons or by publication in

a civil action or may be made by the affidavit of the person who did

the mailing. Such proof of service shall be kept on file in the

Department.

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 the Administrative Procedures Act, Section 301

et seq. of Title 75 of the Oklahoma Statutes.