{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-5052","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-5052","heading":"Opportunity for hearing before Authority - Record -","body":"Review by Administrator - Judicial review.\n\nA. Any applicant or recipient, adversely affected by a decision\n\nof the Oklahoma Health Care Authority on benefits or services\n\nprovided pursuant to the provisions of this title, shall be afforded\n\nan opportunity for a hearing pursuant to the provisions of\n\nsubsection B of this section after such applicant or recipient has\n\nbeen notified of the adverse decision of the Authority.\n\nB. 1. Upon timely receipt of a request for a hearing as\n\nspecified in the notice of adverse decision and exhaustion of other\n\navailable administrative remedies, the Authority shall hold a\n\nhearing pursuant to the provisions of rules promulgated by the\n\nOklahoma Health Care Authority Board pursuant to this section.\n\n2. The record of the hearing shall include, but shall not be\n\nlimited to:\n\na. all pleadings, motions and intermediate rulings,\n\nb. evidence received or considered,\n\nc. any decision, opinion or report by the officer\n\npresiding at the hearing, and\n\nd. all staff memoranda or data submitted to the hearing\n\nofficer or members of the agency in connection with\n\ntheir consideration of the case.\n\n3. Oral proceedings shall be electronically recorded by the\n\nAuthority. Any party may request a copy of the tape recording of\n\nsuch person's administrative hearing or may request a transcription\n\nof the tape recording to comply with any federal or state law.\n\nC. Any decision of the Authority after such a hearing pursuant\n\nto subsection B of this section shall be subject to review by the\n\nAdministrator of the Oklahoma Health Care Authority or designated\n\nadministrative law judge upon a timely request for review by the\n\napplicant or recipient. The Administrator may only designate an\n\nadministrative law judge at another state agency, as established in\n\nthe State Medicaid Plan and approved by the Centers for Medicare and\n\nMedicaid Services. The Administrator or designated administrative\n\nlaw judge shall issue a decision after review. A hearing decision\n\nof the Authority shall be final and binding unless a review is\n\nrequested pursuant to the provisions of this subsection. The\n\ndecision of the Administrator or designated administrative law judge\n\nmay be appealed to the district court in which the applicant or\n\nrecipient resides within thirty (30) days of the date of the\n\ndecision of the Administrator or designated administrative law judge\n\nas provided by the provisions of subsection D of this section.\n\nD. Any applicant or recipient under this title who is aggrieved\n\nby a decision of the Administrator or designated administrative law\n\njudge rendered pursuant to this section may petition the district\n\ncourt in which the applicant or recipient resides for a judicial\n\nreview of the decision pursuant to the provisions of Sections 318\n\nthrough 323 of Title 75 of the Oklahoma Statutes. A copy of the\n\npetition shall be served by mail upon the general counsel of the\n\nAuthority.","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":"5c8e643781fe1083d92ad78a9abbdcb569bac80c3f4fb449b7597b50b0bb1962","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-5051.5","next":"us-ok/okla.-stat.-tit.-63-63-5053"},"notice":"GroundRules: Original legal text. Not legal advice."}
