1. (a) Legal basis and authority. Per Section 405 of Title 10 of the Oklahoma Statutes (10 O.S. § 405) the Oklahoma Child Care Facilities Licensing Act, no child care facility may be operated or maintained in this state, unless licensed or given permission to operate by Oklahoma Human Services.
2. (b) Unlicensed facility investigation procedures. When information is received regarding an unlicensed facility operation, Licensing staff conducts a full monitoring visit no later than three facility-business days to assess license necessity, unless an unlicensed duplicate complaint is determined, per Oklahoma Administrative Code (OAC) 340:110-1-9.2.
3. (1) When care is provided, Licensing staff informs the operator permission to operate has not been granted, and the operator is violating the Oklahoma Child Care Facilities Licensing Act, 10 O.S. § 405. During the visit the operator is informed on Form 07LC095E, Notice Regarding Unlicensed Care, that:
4. (A) care must cease by the end of the current business day unless imminent risk warrants the operator to cease care immediately; or
5. (B) permission to operate may be granted, per OAC 340:110-1-6.
6. (2) When an operator is not granted permission to operate, a follow-up visit is conducted within one facility-business day verifying termination of care. The follow-up visit timeframe may be extended up to five facility-business days with supervisory approval, and the approval is documented on Form 07LC080E, Licensing Services Supplemental Information. When care has not ceased, Licensing staff proceeds, per OAC 340:110-1-9.4.
7. (3) When a license is not required, Licensing staff documents the unlicensed operation investigation on Form 07LC080E, Licensing Services Supplemental Information.
8. (c) Findings documentation. Licensing staff proceeds, per OAC 340:110-1-9.2 for unlicensed complaint finding documentation. All facility staffings and actions are documented on Form 07LC080E, Licensing Services Supplemental Information, and maintained in the case.

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 18 Ok Reg 2144, eff 6-11-01

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

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

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 1869, eff 7-1-10

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

Amended at 29 Ok Reg 1229, eff 7-1-12

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

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