1. (a) Failure to meet requirements. When numerous, repeated, or serious non‑compliance with Licensing requirements is documented, or the operator fails to adequately protect children's health and safety, Oklahoma Human Services (OKDHS) may deny the request for license or revoke the license.
2. (1) Request for license denial. When an operator has filed a request for an initial license, OKDHS may deny the request for licensure.
3. (2) License revocation. When a license is currently in effect, the Licensing staff may recommend the license be revoked.
4. (b) Licensing staff recommendation. The Licensing staff consults with the Licensing supervisor or programs supervisor regarding recommendation for denial or revocation. When the Licensing supervisor or programs supervisor concurs with the recommendation, the decision is discussed with the regional programs manager (RPM), when applicable, and the statewide licensing coordinator, or designee. When all concur with the decision, Licensing staff prepares the case for review by the statewide licensing coordinator or designee. Licensing staff submits the case to the Licensing supervisor or programs supervisor reviewing the case to ensure all monitoring visits, complaints, correspondence, and relevant documents are included. The owner is notified in writing the case was referred to the statewide licensing coordinator.
5. (c) Recommendation and notification approval. The statewide licensing coordinator or designee reviews the case and revocation or denial letter. Licensing staff's denial or revocation recommendation is either approved, disapproved, or the decision delayed pending further investigation.
6. (1) When the statewide licensing coordinator approves the recommendation, the record is submitted to OKDHS Legal Services (LS) for review. The Child Care Services director or designee provides final approval.
7. (2) The statewide licensing coordinator provides written notice of proposed action to the owner by certified mail at least 30-calendar days prior to the effective action date. The notice includes:
8. (A) reasons for proposed denial or revocation;
9. (B) the owner's right to appeal the decision;
10. (C) instruction for the owner to submit enrolled children's names and addresses for parent or legal guardian notification, per the Oklahoma Child Care Facilities Licensing Act, Section 407 of Title 10 of the Oklahoma Statues (10 O.S. § 407);
11. (D) a sign required to be prominently posted in the facility or agency providing notice of proposed denial or revocation actions; and
12. (E) a statement regarding the program's reduction in Stars status, when applicable.
13. (3) During the next monitoring visit, the Licensing staff and a witness verify the sign regarding proposed denial or revocation is posted. When the sign is not posted, the Licensing staff documents a non-compliance and provides a letter to the owner documenting the legal notice violation.
14. (4) When the owner does not provide children's names and addresses, the Licensing staff records the information during the next monitoring visit.
15. (5) Questions from the owner regarding the request for license denial or license revocation and appeal process are referred to the statewide licensing coordinator or designee.
16. (6) When the owner does not appeal the decision within the designated time period, the statewide licensing coordinator provides a letter to the owner giving notice of the denial or revocation effective date. The statewide licensing coordinator or designee enters the closure date in the Licensing database. The correspondence is provided to Licensing staff and forwarded to Restricted Registry Review Committee for potential Restricted Registry procedures, per Oklahoma Administrative Code (OAC) 340:110-1-10.1.
17. (7) Licensing staff conducts a follow-up visit confirming child care or agency operation has ceased, and the statewide licensing coordinator or designee is notified.
18. (8) When the owner continues to maintain and operate after a final decision denying or revoking licensure, after consultation with RPM or programs supervisor, Licensing staff contacts a Council on Law Enforcement Education and Training (CLEET)-certified officer for assistance and submits a district attorney (DA) referral on Form 07LC098E, District Attorney Referral, for further action.
19. (9) Citation Request. A referral for the assistance of a CLEET-certified officer is completed on Form 07LC097E, Citation Request.
20. (A) Licensing staff contacts a CLEET-certified officer to schedule a facility or agency visit.
21. (B) Following the denial or revocation of a license, a citation for not less than $100, nor more than $500 for every day the program maintains, receives, or serves children may be issued by the CLEET-certified officer.
22. (C) Licensing staff and a CLEET-certified officer monitor the program until care or child-placing activity has ceased.
23. (10) District Attorney (DA) referral. When a program or agency continues operation after a citation is issued, Licensing staff consults with assistant licensing coordinator or programs supervisor and statewide licensing coordinator for necessity of a DA referral. When necessary, Licensing staff completes Form 07LC098E, District Attorney Referral, including facility or agency information. The statewide licensing coordinator is provided Form 07LC098E and notifies LS.
24. (11) Attorney General referral. When no action is taken by a DA the statewide licensing coordinator or designee may initiate an Attorney General referral.
25. (d) Appeal process. The appeal process regarding denial or revocation is in (1) through (6) of this subsection.
26. (1) The owner submits an appeal to the statewide licensing coordinator within 30-calendar days of notice receipt. LS is notified of appeal requests.
27. (2) When the owner appeals, a hearing is scheduled by the OKDHS Appeals Unit.
28. (3) The owner may continue to operate during any appeal process unless an Emergency Order, per OAC 340:110-1-9.4, is in effect.
29. (A) The Licensing staff conducts monitoring visits at least once a month, unless advised otherwise by the statewide licensing coordinator or designee, and is accompanied by the same witness whenever possible. During monitoring Licensing staff obtains an updated list of enrolled children or residents and parent or legal guardian names and contact information. Information is then forwarded to state office to provide proper parent or legal guardian notification, per the Oklahoma Child Care Facilities Licensing Act, Section 407 of Title 10 of the Oklahoma Statutes (10 O.S. § 407).
30. (B) If at any time during the appeal process Licensing believes children's health, safety, or well‑being cannot be ensured:
31. (i) an Emergency Order is requested; or
32. (ii) following consultation with the statewide licensing coordinator or designee, the Licensing supervisor or programs supervisor contacts the DA and requests an injunction be filed.
33. (4) When the decision to deny or revoke a license is upheld during all appeals, the statewide licensing coordinator provides a letter informing the owner to cease care or child-placing activity immediately. The cease and desist letter is forwarded for potential Restricted Registry registration procedures, per OAC 340:110-1-10.1. Licensing staff conducts a follow-up visit confirming care or child-placing activity has ceased. When the owner continues operation, Licensing staff, in consultation with the statewide licensing coordinator or designee, may request the:
34. (A) local DA pursue an injunction or initiate criminal proceedings; or
35. (B) Attorney General pursue legal action.
36. (5) When the decision to deny or revoke a license is not upheld, OKDHS takes action to implement the decision within 10-calendar days.
37. (6) When OKDHS denies or revokes a facility's or agency's license, the responsible entity cannot request a new child care facility or agency license within Oklahoma for five years following notification to the responsible entity and during an appeal process.
38. (e) Change in ownership during appeal process. When a change in ownership occurs during the appeal process, the owner must provide documentation verifying the change. This information is reviewed by the assistant licensing coordinator or programs supervisor. The statewide licensing coordinator may proceed with the previous owner's denial or revocation.

<i>¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text of the Section is reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this emergency action), the text of 340:110-1-10 reverted back to the permanent text that became effective 7-1-99, as was last published in the 1999 OAC Supplement, and remained as such until amended again by permanent action on 6-11-01.</i>

Amended at 10 Ok Reg 2369, eff 6-11-93

Amended at 11 Ok Reg 385, eff 10-15-93 (emergency)

Amended at 11 Ok Reg 2773, eff 6-13-94

Amended at 13 Ok Reg 499, eff 11-14-95 (emergency)

Amended at 13 Ok Reg 2663, eff 6-28-96

Amended at 16 Ok Reg 2527, eff 7-1-99

Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00 (emergency)¹

Amended at 18 Ok Reg 2144, eff 6-11-01

Amended at 19 Ok Reg 221, eff 11-1-01 (emergency)

Amended at 19 Ok Reg 1171, eff 5-13-02

Amended at 19 Ok Reg 2274, eff 6-27-02

Amended at 20 Ok Reg 1259, eff 6-1-03

Amended at 21 Ok Reg 910, eff 6-1-04

Amended at 22 Ok Reg 1304, eff 6-1-05

Amended at 24 Ok Reg 1351, eff 7-1-07

Amended at 25 Ok Reg 1962, eff 7-1-08

Amended at 26 Ok Reg 415, eff 11-20-08 (emergency)

Amended at 26 Ok Reg 2239, eff 7-1-09

Amended at 27 Ok Reg 48, eff 10-1-09 (emergency)

Amended at 27 Ok Reg 1869, eff 7-1-10

Amended at 28 Ok Reg 1669, eff 7-1-11

Amended at 42 Ok Reg, Number 20, effective 11-1-25

Amended at 42 Ok Reg, Number 20, effective 11-1-25