Okla. Admin. Code § 310:679-10-2.1

Current through Vol. 41, No. 19, June 17, 2024

Section 310:679-10-2.1 - [Effective until 9/14/2024] General requirements for licensure

(a) Applicants must be at least twenty-one (21) years of age at the time the license is issued.

(b) Each applicant must be a United States citizen, or be a qualified alien under the Federal Immigration and Naturalization Act and lawfully residing in the United States. An affidavit of lawful presence must be submitted with the application.

(c) Each administrator applicant must establish that the applicant is of reputable and responsible character and otherwise suitable and qualified to serve because of training or experience in institutional administration. Each provisional applicant must be of good character, otherwise suitable, and meet any other standards established.

(d) A background check will be conducted on each applicant. The Department will not issue or renew a license to any applicant if the results of a criminal background check reveal that the applicant has been convicted of or pleaded guilty or nolo contendere or no contest, or received a deferred sentence for any felony or misdemeanor offense for any of the following offenses in any state or federal jurisdiction:

(1) abuse, neglect or financial exploitation of any person entrusted to the care or possession of such person,

(2) rape, incest or sodomy,

(3) child abuse,

(4) murder or attempted murder,

(5) manslaughter,

(6) kidnapping,

(7) aggravated assault and battery,

(8) assault and battery with a dangerous weapon, or

(9) arson in the first degree.

(e) The Department will not issue or renew a license for any applicant if less than seven (7) years have passed since the completion of sentence, and the criminal history check reveals the applicant has been convicted of, or pled guilty or nolo contendere or no contest to, a felony or misdemeanor offense for any of the following offenses:

(1) assault,

(2) battery,

(3) indecent exposure and indecent exhibition, except where such offense disqualifies the person as a registered sex offender,

(4) pandering,

(5) burglary in the first or second degree,

(6) robber in the first or second degree,

(7) robber or attempted robbery with a dangerous weapon, or imitation firearm,

(8) arson in the second degree,

(9) unlawful manufacture, distribution, prescription, or dispensing of a Schedule I through V drug as defined by the Uniform Controlled Dangerous Substance Act (noting that "possession" of a Schedule I through V drug as defined by the Uniform Controlled Dangerous Substance Act is no longer a barrier offense),

(10) grand larceny, or

(11) petit larceny or shoplifting.

(f) To be eligible for a license, applicants must be able to effectively communicate with all individuals and entities related to all required administrator functions.

(g) Each applicant must meet all other requirements prescribed by the Department.

(h) Each applicant must disclose, for the Department to consider when making a determination on the issuance of a license, all other jurisdictions in which:

(1) A license has been applied for;

(2) A license has been issued; and

(3) Any disciplinary or enforcement action taken by another licensing authority.

(i) The required fee and a correctly completed application form demonstrating all requirements are met must be submitted to the Department by the applicant before a license may be issued.

(j) The Department will notify the applicant when an application is missing any requirements. An applicant may submit additional documentation demonstrating compliance with licensure requirements for the Department to review. If an applicant is not eligible for a license, the Department will issue a denial letter specifying the reasons for the denial. Licensing denials will be reported to NPDB.

(k) In accordance with 59 O.S. 4100.4(A) The Department will review education, training, and experience completed by the individual as a member of the Armed Forces or Reserves of the United States, National Guard of any state, or the Naval Militias of any state, and apply it in the manner most favorable toward satisfying the qualifications of issuance of the requested license or certification or approval for license examination in this state.

(l) In accordance with 59 O.S. 41501, the Department will honor the requirements in the Universal Licensing Act.

Okla. Admin. Code § 310:679-10-2.1

Transferred from 490:10-1-2.1 by HB 2824 (2023), eff. 11/1/2023

Amended by Oklahoma Register, Volume 41, Issue 4, November 1, 2023, eff. 11/1/2023, exp. 9/14/2024 (Emergency)