Okla. Stat. tit. 63, § 63-1-1930.2: Petition to place facility under control of receiver

– Hearing - Emergency hearing - Ex parte receivership.

A. Whenever a determination is made that one of the following

conditions exists, the State Commissioner of Health shall take

whatever steps necessary to protect the health, welfare and safety

of the residents including, if necessary, petitioning the court to

place the facility under the control of a receiver to ensure that

the residents receive adequate care:

1. The facility is operating without a license;

2. The State Department of Health has suspended, revoked or

refused to renew the existing license of the facility;

3. The facility is closing or has informed the Department that

it intends to close and adequate arrangements for relocation of

residents have not been made at least thirty (30) days prior to

closure;

4. An emergency exists, whether or not the Department has

initiated revocation or nonrenewal procedures, if because of the

unwillingness or inability of the licensee to remedy the emergency,

the appointment of a receiver is necessary; or

5. It is necessary to ensure that the residents get adequate

care in a situation in which the residents' health and safety are

threatened.

B. The court shall hold a hearing within five (5) days of the

filing of the petition. The petition and notice of the hearing

shall be served on the owner, administrator or designated agent of

the facility and the petition and notice of hearing shall be posted

in a conspicuous place in the facility not later than three (3) days

before the time specified for the hearing, unless a different time

limit is fixed by order of the court. The court shall appoint a

receiver for a limited time period, not to exceed one hundred eighty

(180) days, which shall automatically terminate the receivership

unless extended by the court.

C. If a petition filed under this section alleges an emergency

exists, the court may set the matter for hearing at the earliest

possible time. The petitioner shall notify the licensee,

administrator of the facility or registered agent of the licensee

more than five (5) days prior to the hearing. Any form of written

notice may be used. A receivership shall not be established ex

parte by the court unless the Commissioner, under oath, has provided

a statement that the Commissioner has personally determined that

there is a life-endangering situation. A waiver of the five-day

notice requirement may be approved by the court in life-endangering

situations as determined and confirmed under oath, by the

Commissioner.