{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-830","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-830","heading":"Complaints - Notice - Hearing - Orders - Emergencies","body":"A. Whenever the State Department of Health determines that a\n\nhome is in violation of the provisions of the Residential Care Act\n\nor any rule promulgated pursuant thereto, the Department shall give\n\nwritten notice to the home of the violation.\n\nB. The Department shall give the notice specified by the\n\nprovisions of subsection A of this section within ten (10) business\n\ndays of an inspection or investigation of the home.\n\nC. The home may request a hearing within ten (10) business days\n\nof receipt of the notice. On the basis of the evidence produced at\n\nthe hearing, the Department shall make findings of fact and\n\nconclusions of law and enter an order thereon. The Department shall\n\ngive written notice of such order to the alleged violator and to\n\nsuch other persons as shall have appeared at the hearing and made\n\nwritten request for notice of the order. The Department may enter\n\nits order on the basis of such record or, before issuing its order,\n\nrequire additional hearings or further evidence to be presented.\n\nThe order of the Department shall become final and binding on all\n\nparties unless appealed to the district court as provided in\n\nSections 317 through 325 of Title 75 of the Oklahoma Statutes within\n\nthirty (30) days after notice has been sent to the parties.\n\nD. Whenever the Department finds that an emergency exists\n\nrequiring immediate action to protect the public health or welfare\n\nof any resident of a home licensed pursuant to the provisions of the\n\nResidential Care Act, the Department may without notice or hearing\n\nissue an 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. Such order shall be effective immediately. The\n\nState Board of Health shall adopt rules that establish criteria for\n\nthe emergency transfer of residents initiated by the State\n\nDepartment of Health, including notice and hearings, if the resident\n\nis aggrieved by the decision. Any person to whom such an order is\n\ndirected shall comply with the order immediately but on application\n\nto the Department shall be afforded a hearing within ten (10)\n\nbusiness days of receipt of the notice. On the basis of such\n\nhearing, the Department shall continue such order in effect, revoke\n\nit, or modify it. Any person aggrieved by such order continued\n\nafter the hearing provided for in this subsection may appeal to the\n\ndistrict court of the area affected within thirty (30) days. Such\n\nappeal when docketed shall have priority over all cases pending on\n\nthe docket, except criminal cases.\n\nE. The hearings authorized by this section may be conducted by\n\nthe Department. The Department may designate hearing officers who\n\nshall have the power and authority to conduct such hearings in the\n\nname of the Department at any time and place. Such hearings shall\n\nbe conducted in conformity with and records made thereof as provided\n\nby the provisions of Sections 309 through 326 of Title 75 of the\n\nOklahoma Statutes.","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":"6f98d3b4ecdd01debf864e6782e274552e3c60223f8a32821b9b3ef1c472c1de","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-829","next":"us-ok/okla.-stat.-tit.-63-63-1-830.1"},"notice":"GroundRules: Original legal text. Not legal advice."}