1. A. The operation or maintenance of a group home in violation of the Group Homes for Persons with Developmental or Physical Disabilities Act, or of the rules promulgated by the Commission for Human Services, is declared a public nuisance inimical to the public welfare. The Director of Human Services, in the name of the people of the state, or through the Attorney General or the district attorney of the county in which the group home is located may, in addition to other remedies herein provided, bring action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such group home.

2. B.

   1. 1. Any person with personal knowledge or substantial specific information who believes that the Group Homes for Persons with Developmental or Physical Disabilities Act, a rule promulgated pursuant thereto, or a federal certification rule applying to a group home may have been violated, may request an investigation. The request may be submitted to the Department of Human Services in writing, by telephone, or personally. An oral complaint shall be reduced to writing by the Department. Provided that any person who willfully or recklessly makes a false complaint without a reasonable basis in fact for such a complaint under the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall be liable in a civil suit for any actual damages, including attorneys' fees and costs, suffered by a group home so requested to be investigated, and for any punitive damages set by the court or jury which may be allowed in the discretion of the court or jury when deemed proper by the court or jury.
   2. 2. The substance of the complaint shall be provided to the provider no earlier than at the commencement of the on-site inspection of the group home which takes place pursuant to the complaint.
   3. 3. The Commission shall promulgate rules to protect the identity of the complainant, provided that such complainant is presently a resident or resident's representative or such complainant is presently an employee of the group home.
   4. 4. Upon receipt of a complaint, the Department shall determine whether the Group Homes for Persons with Developmental or Physical Disabilities Act, a rule promulgated pursuant thereto, or a federal certification rule for facilities has been or is being violated. A determination about a complaint which alleges a violation shall be made in writing, within thirty (30) days after receipt of the complaint. The determination shall state the reasons therefor.
   5. 5. In all cases, the Department shall inform the group home and the complainant, unless otherwise indicated by the complainant, of its findings within ten (10) days of its determination. The complainant may direct the Department to send a copy of such findings to one other person. The notice of such findings shall include a copy of the written determination, the correction order, if any, the warning notice, if any, and the state licensure of federal certification for, or both, on which the violation is listed.
   6. 6. A written determination, correction order or warning notice concerning a complaint shall be available for public inspection.
   7. 7. The Department shall issue a written determination signed by the Director which shall serve as a final appealable order subject to trial de novo in the appropriate district court.
   8. 8. The Commission shall establish any additional rules necessary for the investigation and hearing of complaints as provided herein, and is authorized to employ hearing officers.

Added by Laws 1987, HB 1460, c. 225, § 7, eff. July 1, 1987; Amended by Laws 1994, HB 2591, c. 236, § 7, eff. September 1, 1994; Amended by Laws 1996, SB 1097, c. 155, § 7, eff. November 1, 1996; Amended by Laws 1996, HB 2964, c. 354, § 7, eff. November 1, 1996; Renumbered from 63 O.S. § 1-818.7 by Laws 1996, HB 2964, c. 354, § 56, eff. November 1, 1996.