{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1430.10a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1430.10a","heading":"Revocation or denial of or refusal to renew license –","body":"Notice – Protest - Emergency.\n\nA. The Department of Human Services may revoke, deny or refuse\n\nto renew the license of any group home found to be in violation of\n\nany provision of this act or the rules of the Commission for Human\n\nServices, as provided in Section 1430.3 of Title 10 of the Oklahoma\n\nStatutes.\n\nB. 1. No license shall be revoked or issuance or renewal\n\ndenied unless and until such time as the licensee or applicant shall\n\nhave been given at least thirty (30) days’ notice in writing of the\n\ngrounds for the proposed revocation or refusal.\n\n2. At the time the group home is given notice in writing of the\n\nrevocation or denial of a license, the Department shall also advise\n\nthe family member or advocate of each resident, as noted in Section\n\n1430.22 of Title 10 of the Oklahoma Statutes, of the action by\n\nwritten notification and the posting of an announcement in the group\n\nhome.\n\n3. If the revocation or denial is protested within thirty (30)\n\ndays of receipt of the notice, in writing and addressed to the\n\nCommission for Human Services, the Commission or the authorized\n\nagency of the Commission shall conduct a hearing at which an\n\nopportunity shall be given to the licensee or applicant to present\n\ntestimony and confront witnesses. On the basis of the evidence\n\nproduced at the hearing, the Department shall make findings of fact\n\nand conclusions of law and enter an order thereon. The order of the\n\nDepartment shall become final and binding on all parties unless\n\nappealed to the district court as provided in Article II of the\n\nAdministrative Procedures Act within thirty (30) days after notice\n\nhas been sent to the parties.\n\n4. Notice of the hearing shall be given to the licensee or\n\napplicant by personal service or by delivery to the last-known\n\naddress by certified mail, return receipt requested, at least two\n\n(2) weeks prior to the date of the hearing.\n\n5. After notice, if the proposed revocation or denial of a\n\nlicense is not protested in accordance with this section, the\n\nlicense may thereupon be revoked or denied.\n\nC. 1. Nothing in this section shall be construed as preventing\n\nthe Department from taking emergency action as provided by this\n\nsubsection.\n\n2. After an investigation or inspection, if the Department\n\nfinds that an emergency exists which requires immediate action to\n\nprotect the health, safety, or welfare of any resident of a group\n\nhome licensed pursuant to the provisions of the Group Homes for\n\nPersons with Developmental or Physical Disabilities Act, the\n\nDirector may without notice or hearing issue an emergency order\n\nstating the existence of the emergency and require that action be\n\ntaken as is deemed necessary to meet the emergency including, when\n\nnecessary, removing residents from the group home and prohibiting\n\nthe group home from providing services to residents pending a\n\nhearing on the matter.\n\na. The emergency order shall be effective immediately.\n\nAny person to whom an emergency order is directed shall\n\ncomply with the emergency order immediately but, upon\n\nwritten request to the Department on or before the\n\ntenth day after receipt of the emergency order, shall\n\nbe afforded a hearing on or before the tenth day after\n\nreceipt of the request by the Department.\n\nb. On the basis of such hearing, the Department shall\n\ncontinue the order in effect, revoke it, or modify it.\n\nc. Any person aggrieved by the order continued after the\n\nhearing provided for in this subsection may appeal the\n\norder to the district court of the group home affected\n\nwithin thirty (30) days of continuation or modification\n\nof the order. The appeal when docketed shall have\n\npriority over all cases pending on the docket, except\n\ncriminal cases. For purposes of this subsection,\n\n“emergency” means a situation that poses a direct and\n\nserious hazard to the health, safety, or welfare of any\n\nresident of the group home.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cbc5d48351cde795917ba87c90d6aced2d2abd755cc1f2e2d22df9d0fb4991f6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1430.1","next":"us-ok/okla.-stat.-tit.-10-10-1430.11"},"notice":"GroundRules: Original legal text. Not legal advice."}
