Okla. Admin. Code § 340:110-1-46 – Types of issuances

(a) Six-month permit. New residential programs or child-placing agencies (agency) may be issued a six-month permit. When the program was previously licensed at another location and maintained a pattern of compliance, the six-month permit may be waived. The owner's Licensing compliance history is considered.
(1) Licensing staff may recommend a permit when the program is in compliance with Licensing requirements, regarding:
(A) the number of qualified personnel;
(B) completed criminal history review results for all required individuals;
(C) professional development, including current cardio-pulmonary resuscitation (CPR) and first aid certifications;
(D) hazards indoors and outdoors;
(E) liability insurance coverage;
(F) fire safety; and
(G) other areas affecting residents' safety.
(2) Licensing staff conducts a full-monitoring visit documenting compliance with Licensing requirements no more than 60-calendar days, prior to six-month permit issuance.
(b) Documentation for six-month permit.
(1) Information required for a six-month permit issuance include:
(A) submission of request for license information;
(B) proof of ownership;
(C) current personnel list;
(D) Form 07LC041E, Personnel Information, for each personnel;
(E) required background investigations documentation, per Oklahoma Administrative Code (OAC) 340:110-1-8.1, including completed criminal history review results for all required individuals;
(F) completed applicable compliance review questionnaire with supporting documentation;
(G) applicable policy, per applicable Licensing requirements;
(H) letter from licensed public accountant;
(I) budget for 12 months of operation and reserve funds; and
(J) for residential programs:
(i) State Fire Marshal's approval within the previous 12 months;
(ii) Oklahoma State Department of Health approval within the previous 12 months, when meals are prepared and served; and
(iii) physical drawing or architectural plans including Licensing measurement calculations.
(2) During the six-month permit period, Licensing staff completes a minimum of three monitoring visits documenting requirement compliance. Residents in care or child-placing activity must be observed during at least one monitoring visit, when applicable.
(c) Second and subsequent six-month permits. When subsequent permits are recommended, the procedures in this subsection are followed.
(1) Licensing coordinator approval is needed for second and subsequent permits when programs are recommended for, or are in the process of, a consent agreement or request for license denial.
(2) Licensing staff consults with the programs supervisor prior to recommending a second or subsequent permit.
(3) Licensing coordinator approval is needed for third and subsequent permits.
(4) Licensing staff provides a letter to the applicant notifying each time a second or subsequent permit is recommended. The recommendation reason is clearly stated in the letter, with each non-compliance area listed separately, and any missing documents required for license issuance.
(5) When the subsequent permit is due to repeated or serious non-compliance, Licensing staff monitors the program at least monthly and is accompanied by a witness, when possible. When the non-compliance indicates the program is unable or unwilling to meet Licensing requirements, the programs supervisor is consulted.
(6) When requirements are met prior to the second or subsequent six-month permit expiration, license issuance may be recommended, per (a)(1) of this Section.
(7) When residents were not in care on a regular basis or no child-placing activity occurred during the previous 12 months, the applicant is requested to withdraw the request for license, per OAC 340:110-1-6.
(d) License issuance. When Licensing staff determines the program or agency is operating in compliance with Licensing requirements, a license issuance is recommended. A monitoring visit must be conducted within 60-calendar days of the issuance date. A license is in effect unless revoked or the program or agency voluntarily closes.
(e) License issuance documentation. In addition to (a) through (c)(7) of this Section, an updated personnel list is required before license issuance.
(f) Evaluation and disposition. The programs supervisor reviews all case action recommendations for approval. When a permit or license is approved, owner notification is provided.

1This emergency action expired before 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 9-15-16 (after the 9-14-16 expiration of this emergency action), the text of 340:110-1-46 reverted back to the permanent text that became effective 7-1-12, as was last published in the 2015 OAC Supplement, and remained as such until amended by permanent action on 11-1-16.

Added at 11 Ok Reg 399, eff 10-15-93 (emergency)

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

Amended at 17 Ok Reg 462, eff 10-19-99 (emergency)

Amended at 17 Ok Reg 1339, eff 5-11-00

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 20 Ok Reg 1274, eff 6-1-03

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 29 Ok Reg 1229, eff 7-1-12

Amended at 32 Ok Reg 704, eff 1-1-16 through 9-14-16 (emergency)1

Amended at 33 Ok Reg 1683, eff 11-1-16

Amended at 36 Ok Reg 1907, eff 11-1-19

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