§ 10-1430.10a. Revocation or denial of or refusal to renew license – Notice – Protest - Emergency.

A.  The Department of Human Services may revoke, deny or refuse to renew the license of any group home found to be in violation of any provision of this act or the rules of the Commission for Human Services, as provided in Section 1430.3 of Title 10 of the Oklahoma Statutes.

B.  1.  No license shall be revoked or issuance or renewal denied unless and until such time as the licensee or applicant shall have been given at least thirty (30) days’ notice in writing of the grounds for the proposed revocation or refusal.

2.  At the time the group home is given notice in writing of the revocation or denial of a license, the Department shall also advise the family member or advocate of each resident, as noted in Section 1430.22 of Title 10 of the Oklahoma Statutes, of the action by written notification and the posting of an announcement in the group home.

3.  If the revocation or denial is protested within thirty (30) days of receipt of the notice, in writing and addressed to the Commission for Human Services, the Commission or the authorized agency of the Commission shall conduct a hearing at which an opportunity shall be given to the licensee or applicant to present testimony and confront witnesses.  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 order of the Department shall become final and binding on all parties unless appealed to the district court as provided in Article II of the Administrative Procedures Act within thirty (30) days after notice has been sent to the parties.

4.  Notice of the hearing shall be given to the licensee or applicant by personal service or by delivery to the last-known address by certified mail, return receipt requested, at least two (2) weeks prior to the date of the hearing.

5.  After notice, if the proposed revocation or denial of a license is not protested in accordance with this section, the license may thereupon be revoked or denied.

C.  1.  Nothing in this section shall be construed as preventing the Department from taking emergency action as provided by this subsection.

2.  After an investigation or inspection, if the Department finds that an emergency exists which requires immediate action to protect the health, safety, or welfare of any resident of a group home licensed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, the Director may without notice or hearing issue an emergency order stating the existence of the emergency and require that action be taken as is deemed necessary to meet the emergency including, when necessary, removing residents from the group home and prohibiting the group home from providing services to residents pending a hearing on the matter.

a.The emergency order shall be effective immediately.  Any person to whom an emergency order is directed shall comply with the emergency order immediately but, upon written request to the Department on or before the tenth day after receipt of the emergency order, shall be afforded a hearing on or before the tenth day after receipt of the request by the Department.

b.On the basis of such hearing, the Department shall continue the order in effect, revoke it, or modify it.

c.Any person aggrieved by the order continued after the hearing provided for in this subsection may appeal the order to the district court of the group home affected within thirty (30) days of continuation or modification of the order.  The appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.  For purposes of this subsection, “emergency” means a situation that poses a direct and serious hazard to the health, safety, or welfare of any resident of the group home.

Added by Laws 2006, c. 137, § 7, eff. Nov. 1, 2006.