{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1430.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1430.7","heading":"Group home as nuisance - Actions - Request for","body":"investigation - Complaint.\n\nA. The operation or maintenance of a group home in violation of\n\nthe Group Homes for Persons with Developmental or Physical\n\nDisabilities Act, or of the rules promulgated by the Commission for\n\nHuman Services, is declared a public nuisance inimical to the public\n\nwelfare. The Director of Human Services, in the name of the people\n\nof the state, or through the Attorney General or the district\n\nattorney of the county in which the group home is located may, in\n\naddition to other remedies herein provided, bring action for an\n\ninjunction to restrain such violation or to enjoin the future\n\noperation or maintenance of any such group home.\n\nB. 1. Any person with personal knowledge or substantial\n\nspecific information who believes that the Group Homes for Persons\n\nwith Developmental or Physical Disabilities Act or a rule\n\npromulgated pursuant thereto may have been violated, may request an\n\ninvestigation. The request may be submitted to the Department of\n\nHuman Services in writing, by telephone, or personally. An oral\n\ncomplaint shall be reduced to writing by the Department. Provided\n\nthat any person who willfully or recklessly makes a false complaint\n\nwithout a reasonable basis in fact for such a complaint under the\n\nprovisions of the Group Homes for Persons with Developmental or\n\nPhysical Disabilities Act shall be liable in a civil suit for any\n\nactual damages, including attorneys' fees and costs, suffered by a\n\ngroup home so requested to be investigated, and for any punitive\n\ndamages set by the court or jury which may be allowed in the\n\ndiscretion of the court or jury when deemed proper by the court or\n\njury.\n\n2. The substance of the complaint shall be provided to the\n\nprovider no earlier than at the commencement of the on-site\n\ninspection of the group home which takes place pursuant to the\n\ncomplaint.\n\n3. The Commission shall promulgate rules to protect the\n\nidentity of the complainant, provided that such complainant is\n\npresently a resident or resident's representative or such\n\ncomplainant is presently an employee of the group home.\n\n4. Upon receipt of a complaint, the Department shall\n\ninvestigate whether the Group Homes for Persons with Developmental\n\nor Physical Disabilities Act or a rule promulgated pursuant thereto\n\nhas been or is being violated. Allegations of abuse, neglect, or\n\nexploitation shall be investigated by appropriate authorities in\n\naccordance with state law. Other complaints shall be evaluated by\n\nauthorized Department staff and investigated timely based on the\n\nnature of the complaint. A determination about a complaint shall be\n\nmade in writing. The determination shall state the reasons\n\ntherefor.\n\n5. In all cases, the Department shall inform the group home and\n\nthe complainant, if so requested by the complainant, of its findings\n\nwithin ten (10) days of its determination. The notice of such\n\nfindings shall include a copy of the written determination, the\n\ncorrection order, if any, the warning notice, if any, and the state\n\nlicensure or regulatory requirement, or both, on which the violation\n\nis listed.\n\n6. A written determination, correction order or warning notice\n\nconcerning a complaint shall be available for public inspection from\n\nthe Department.\n\n7. The Department shall issue a written determination which\n\nshall serve as a final appealable order subject to trial de novo in\n\nthe appropriate district court.\n\n8. The Commission shall establish any additional rules\n\nnecessary for the investigation and hearing of complaints as\n\nprovided herein, and is authorized to employ hearing officers.","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":"33eb9efaa4e286e45ae24161e2d5e4e70ad951025c50933ea66f05cec6d1b76e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1430.6","next":"us-ok/okla.-stat.-tit.-10-10-1430.8"},"notice":"GroundRules: Original legal text. Not legal advice."}