Okla. Stat. tit. 10, § 10-408: Appeals
Where this section sits in the code
- OK Code
- Title 10
A. Any licensee or applicant aggrieved by the decision of the
Department of Human Services under Section 407 of this title may,
within ten (10) days after the revocation or denial of the license,
appeal to the district court of the county in which the child care
facility is maintained and operated by filing with the clerk of the
court a verified petition. Notice of such appeal shall be served on
the Director of the Department within five (5) days of the date of
its filing.
B. The licensee or applicant shall, within twenty (20) days of
the filing of the appeal, file with the clerk of such court a
transcript of the proceedings held pursuant to Section 407 of this
title. The district court shall thereupon be vested with
jurisdiction to review the proceedings of the Department; provided
that, if the Department prevails, the judgment of the district court
shall be that the decision of the Department be affirmed, and if the
licensee or applicant prevails, the judgment of the court shall be
that the revocation be set aside or the license issued or renewed,
as the case may be. Pending the hearing of the appeal, the action
of the Department revoking or denying the license or the granting
thereof shall be stayed; provided, after the filing of an appeal,
the district court, upon application by the Department and after an
appropriate hearing, may grant a restraining order to enforce the
decision of the Department.
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