{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1930.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1930.2","heading":"Petition to place facility under control of receiver","body":"– Hearing - Emergency hearing - Ex parte receivership.\n\nA. Whenever a determination is made that one of the following\n\nconditions exists, the State Commissioner of Health shall take\n\nwhatever steps necessary to protect the health, welfare and safety\n\nof the residents including, if necessary, petitioning the court to\n\nplace the facility under the control of a receiver to ensure that\n\nthe residents receive adequate care:\n\n1. The facility is operating without a license;\n\n2. The State Department of Health has suspended, revoked or\n\nrefused to renew the existing license of the facility;\n\n3. The facility is closing or has informed the Department that\n\nit intends to close and adequate arrangements for relocation of\n\nresidents have not been made at least thirty (30) days prior to\n\nclosure;\n\n4. An emergency exists, whether or not the Department has\n\ninitiated revocation or nonrenewal procedures, if because of the\n\nunwillingness or inability of the licensee to remedy the emergency,\n\nthe appointment of a receiver is necessary; or\n\n5. It is necessary to ensure that the residents get adequate\n\ncare in a situation in which the residents' health and safety are\n\nthreatened.\n\nB. The court shall hold a hearing within five (5) days of the\n\nfiling of the petition. The petition and notice of the hearing\n\nshall be served on the owner, administrator or designated agent of\n\nthe facility and the petition and notice of hearing shall be posted\n\nin a conspicuous place in the facility not later than three (3) days\n\nbefore the time specified for the hearing, unless a different time\n\nlimit is fixed by order of the court. The court shall appoint a\n\nreceiver for a limited time period, not to exceed one hundred eighty\n\n(180) days, which shall automatically terminate the receivership\n\nunless extended by the court.\n\nC. If a petition filed under this section alleges an emergency\n\nexists, the court may set the matter for hearing at the earliest\n\npossible time. The petitioner shall notify the licensee,\n\nadministrator of the facility or registered agent of the licensee\n\nmore than five (5) days prior to the hearing. Any form of written\n\nnotice may be used. A receivership shall not be established ex\n\nparte by the court unless the Commissioner, under oath, has provided\n\na statement that the Commissioner has personally determined that\n\nthere is a life-endangering situation. A waiver of the five-day\n\nnotice requirement may be approved by the court in life-endangering\n\nsituations as determined and confirmed under oath, by the\n\nCommissioner.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a6a226ac6ef384c1d2947b32bb447d771dfa1c4c22324895b0f9199fd9c818a6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1930.1","next":"us-ok/okla.-stat.-tit.-63-63-1-1930.3"},"notice":"GroundRules: Original legal text. Not legal advice."}
