A. Within one hundred eighty (180) days following the effective date of this act, the Commission for Human Services shall promulgate rules to establish and maintain a community services worker registry. Such rules will include, but not be limited to:
- 1. A procedure for notation in such registry of a final Department of Human Services investigative finding or a finding by an Administrative Law Judge of abuse, neglect, or exploitation of an individual by a community services worker;
- 2. A procedure for notice and due process for a community services worker or applicant before the entering of such person's name in the registry as having a final Department of Human Services investigative finding or Administrative Law Judge finding oil abuse, neglect, or exploitation of an individual;
- 3. Disclosure requirements for information in the registry; and
- 4. Procedures for granting a waiver of the provisions of paragraph 1 of subsection F of Section 12 of this act by the Director of Human Services.
B. The community services worker registry shall include, but not be limited to, the following information on each community services worker:
- 1. The individual's full name;
- 2. Information necessary to identify each individual;
- 3. The date the individual's name was placed in the registry; and
- 4. Information on any final Department of Human Services investigative finding or Administrative Law Judge finding of abuse, exploitation, or neglect, as these terms are defined in Section 10-103 of Title 43A of the Oklahoma Statutes concerning the worker.
- C. A community services worker or applicant who is adversely affected by an Administrative Law Judge finding of abuse, neglect, or exploitation of an individual may seek judicial review under Section 318 et seq. of Title 75 of the Oklahoma Statutes. The finding of the Administrative Law Judge may be appealed to the district court in which the community services worker or applicant resides within thirty (30) days of the date of the decision. A copy of the petition shall be served by mail upon the general counsel of the Department of Human Services.
Laws 1997, HB 1790, c. 407, § 13, eff. November 1, 1997.