1. A. The Department of Human Services may revoke the license of any child care facility found to be in violation of any provision of this act or the rules of the Department, as provided in Section 404 of this title. B. 1. No license shall be revoked or renewal refused unless and until such time as the holder of such license shall have been given at least thirty (30) days' notice in writing of the grounds of such proposed revocation or refusal. 2. At the time the facility is given notice in writing of the revocation of license or refusal to renew, the Department shall also advise parents of children attending the facility of such action by written notification and the posting of an announcement in the facility. 3. If such revocation or refusal is protested within thirty (30) days of receipt of said notice, by writing addressed to the Commission for Human Services, the Commission, or its authorized agency, shall conduct a hearing at which an opportunity shall be given to said licensee to present testimony and confront witnesses. 4. Notice of such hearing shall be given to said licensee by personal service or by delivery to the proper address by registered mail, at least two (2) weeks prior to the date thereof. 5. If notice of the proposed revocation or refusal is not so protested, the license may thereupon be revoked or renewal thereof refused. C. 1. Nothing in this section or Section 406 of this title shall be construed as preventing the Department from taking emergency action as provided by this subsection. 2. Whenever the Department finds, after an investigation, that an emergency exists requiring immediate action to protect the health, safety, or welfare of any child cared for by a facility licensed pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act, Section 401 et seq. of this title, the Department may without notice or hearing issue an order stating the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency including, when necessary, removing children from the facility and prohibiting the facility from providing services to children pending a hearing on the matter. a. Such order shall be effective immediately. Any person to whom such an order is directed shall comply with said order immediately, but on application to the Department, shall be afforded a hearing within ten (10) days of receipt of said notice. b. On the basis of such hearing, the Department shall continue such order in effect, revoke it, or modify it. c. Any person aggrieved by such order continued after the hearing provided for in this subsection may appeal to the district court of the area affected within thirty (30) days. Such appeal when docketed shall have priority over all cases pending on said docket, except criminal cases. For the purposes of this subsection, the term "emergency" shall mean a situation that poses a direct and serious hazard to the health, safety or welfare of any child cared for by the facility.

Laws 1953, SB 338, p. 19, § 7; Amended by Laws 1963, SB 168, c. 89, § 7, emerg. eff. May 23, 1963; Amended by Laws 1993, HB 1491, c. 122, § 7, emerg. eff. April 29, 1993.