{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-407","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-407","heading":"Revocation of license or refusal to issue or renew -","body":"Emergency action - Citation.\n\nA. The Department of Human Services may revoke or deny issuance\n\nof the license of any child care facility found to be in violation\n\nof any provision of this act or the rules of the Department, as\n\nprovided in Section 404 of this title.\n\nB. 1. No license shall be revoked or issuance denied unless\n\nand until such time as the licensee or applicant shall have been\n\ngiven at least thirty (30) days' notice in writing of the grounds of\n\nthe proposed revocation or denial.\n\n2. At the time the facility is given notice in writing of the\n\nrevocation or denial of a license, the Department shall also advise\n\nparents of children attending the facility and the child care\n\nresource and referral organization within one (1) business day of\n\nsuch action by verbal, electronic, or written notification and the\n\nposting of an announcement in the facility.\n\n3. If the revocation or denial is protested within thirty (30)\n\ndays of receipt of notice, by writing addressed to the Department,\n\nthe Department, or its authorized agency, shall conduct a hearing at\n\nwhich an opportunity shall be given to the licensee or applicant to\n\npresent testimony and confront witnesses.\n\n4. Notice of the hearing shall be given to the licensee or\n\napplicant by personal service or by delivery to the proper address\n\nby certified mail, return receipt requested, at least two (2) weeks\n\nprior to the date thereof.\n\n5. If notice of the proposed revocation or denial of a license\n\nis not protested, the license shall be revoked or denied.\n\nC. 1. Nothing in this section or Section 406 of this title\n\nshall be construed as preventing the Department from taking\n\nemergency action as provided by this subsection.\n\n2. For the purposes of this subsection, \"emergency\" means a\n\nsituation that poses a direct and serious threat to the health,\n\nsafety, or welfare of any child cared for by the facility.\n\n3. Whenever the Department finds, after an investigation, that\n\nan emergency exists requiring immediate action to protect the\n\nhealth, safety, or welfare of any child cared for by a facility\n\nlicensed, authorized, or providing unlicensed care except as\n\nexempted by the provisions of the Oklahoma Child Care Facilities\n\nLicensing Act, the Department may without notice or hearing issue an\n\nemergency order stating the existence of such an emergency and\n\nrequiring that such action be taken as it deems necessary to meet\n\nthe emergency including, when necessary, removing children from the\n\nfacility and prohibiting the facility from providing services to\n\nchildren pending a hearing on the matter.\n\na. An emergency order shall be effective immediately.\n\nAny person to whom an emergency order is directed\n\nshall comply with the emergency order immediately but,\n\nupon written request to the Department on or before\n\nthe tenth day after receipt of the emergency order,\n\nshall be afforded a hearing on or before the tenth day\n\nafter receipt 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 to\n\nthe district court of the area affected within ten\nhe emergency order,\n\nshall be afforded a hearing on or before the tenth day\n\nafter receipt 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 to\n\nthe district court of the area affected within ten\n\n(10) days. The appeal when docketed shall have\n\npriority over all cases pending on the docket, except\n\ncriminal cases.\n\nD. The Department shall establish a process to review the\n\ninitial determination of the closure of a facility due to an\n\nemergency pursuant to the licensing requirements promulgated by the\n\nDepartment.\n\nE. The Department shall continue to monitor any facility whose\n\nlicense has been revoked, denied, or who has had an emergency order\n\nissued for a period of thirty (30) days after the action becomes\n\nfinal.\n\nF. In addition to any other remedy authorized by this act, a\n\nCLEET-certified officer may issue a citation for a violation of any\n\nprovision of this act or rules of the Department as provided in\n\nSection 404 of this title. The fine shall not be less than One\n\nHundred Dollars ($100.00) nor more than Five Hundred Dollars\n\n($500.00) for every day the facility maintains and receives children\n\nafter:\n\n1. An emergency order has been issued; or\n\n2. An application for a license has been denied or the license\n\nhas been revoked.\n\nG. One-half (1/2) of the funds collected pursuant to subsection\n\nF of this section shall be deposited in the Quality of Care\n\nDevelopment Fund established in Section 10 of this act and one-half\n\n(1/2) shall be retained by the law enforcement agency represented by\n\nthe CLEET-certified officer.","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":"cdf36edf85002892384d773a6c321873e3c9d1b231bdc569ad379965ec0b2362","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-406.1","next":"us-ok/okla.-stat.-tit.-10-10-408"},"notice":"GroundRules: Original legal text. Not legal advice."}