Okla. Stat. tit. 63, § 63-1-1949.6: Complaints — Notice — Hearing — Penalties — Registry

A. Any person or agency may submit to the State Department of

Health a complaint against a long-term care administrator.

Complaints may also be generated by the Department. Each

investigation of a complaint received by the Department shall be

initiated within ninety (90) days from the date the complaint is

received by the Department. Each complaint investigation shall be

completed within twelve (12) months of initiation. The time period

may be extended by the Department for good cause.

B. Upon conclusion of an investigation, if the Department

determines that an administrator has violated this act, the

Department shall promptly serve a notice of violation to the

administrator. The notice of violation shall be prepared in writing

and shall specify the nature of the violation or violations and the

provision or provisions of state law or rule alleged to have been

violated. The notice of violation shall inform the administrator of

his or her right to an independent informal dispute resolution

conducted in accordance with Section 9 of this act or a hearing

conducted under subsection C of this section, or both, and

instruction on how to seek an informal dispute resolution or

hearing.

C. If the case is not resolved through the independent informal

dispute resolution process prescribed by Section 9 of this act, the

administrator shall be afforded notice and a hearing in accordance

with the provisions of Article II of the Administrative Procedures

Act. Any party aggrieved by a decision of the Department following

a hearing may appeal directly to district court under Section 318 of

Title 75 of the Oklahoma Statutes.

D. Notwithstanding any other provision of this section, the

Department may order a summary suspension of an administrator’s

license or certification or an Administrator in Training (AIT)

permit if, in the course of an investigation, it is determined that

a licensee, certificate holder, or AIT candidate for licensure has

engaged in conduct of a nature that is detrimental to the health,

safety, or welfare of the public, and which conduct necessitates

immediate action to prevent further harm. The Department shall

immediately notify the licensee, certificate holder, or AIT

candidate upon issuance of the order. The licensee, certificate

holder, or AIT candidate shall have the right to contest the order

at a hearing as provided by subsection C of this section.

E. To ensure the confidentiality of an investigative file

obtained during the investigation, the information in the

investigative file shall not be deemed to be a record as that term

is defined in the Oklahoma Open Records Act nor shall the

information be subject to subpoena or discovery in any civil or

criminal proceeding, except that the Department may give the

information to law enforcement and other state licensing agencies as

necessary and appropriate in the discharge of the duties of that

agency and only under circumstances that will ensure against

unauthorized access to the information. The respondent may acquire

information obtained during an investigation, unless the disclosure

of the information is otherwise prohibited, if the respondent signs

a protective order whereby the respondent agrees to use the

information solely for the purpose of defense in the proceedings of

the Department and in any appeal therefrom and agrees not to

otherwise disclose the information.

F. The Department shall create and maintain a registry of all

complaints or referrals, found by the Department to have merit,

complaining of acts or omissions of licensed administrators. The

registry shall be maintained in both electronic and paper formats

and shall be available for inspection by the public. Such registry

shall be organized both in chronological order by the date of the

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complaints or referrals, found by the Department to have merit,

complaining of acts or omissions of licensed administrators. The

registry shall be maintained in both electronic and paper formats

and shall be available for inspection by the public. Such registry

shall be organized both in chronological order by the date of the

complaint and by the name of the licensed administrator. The

registry shall contain information about the nature of the complaint

and the action, if any, taken by the Department. The registry shall

also contain the number of complaints made against an individual

administrator.