Okla. Admin. Code § 340:110-3-82

Current through Vol. 41, No. 24, September 3, 2024

Section 340:110-3-82 - Necessity and issuance of license

(a)License required. No child care facility may be legally operated or maintained in the State of Oklahoma after June 20, 1964, unless licensed by the Oklahoma Department of Human Services (OKDHS).

(b)Application for license. Application for license is made on forms provided by OKDHS and in the manner prescribed.

(c)License issued. In order to provide care for children in a child care facility, a license is obtained from OKDHS that is issued on the basis of meeting minimum requirements essential for the health, safety, and well-being of the children in care.

(1) Children are not accepted into care until permission is obtained from OKDHS.

(2) The license granted applies to the ownership and location specified at the time the license is issued. If ownership or location changes, OKDHS is notified.

(3) The license is not transferable.

(4) Pursuant to the Oklahoma Child Care Facilities Licensing Act. [10 O.S. § 401 et seq.], persons identified as a registrant on the Child Care Restricted Registry are prohibited from:

(A) licensure as a child care facility;

(B) employment in a child care facility; and/or

(C) residing in a child care facility.

(d)Application denied or license revoked. OKDHS may deny an application or revoke a license if the applicant or licensee violates any provision of the Oklahoma Child Care Facilities Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes, or rules of the Commission for Human Services.

(1) No application is denied or license revoked unless the licensee is given 30 days notice in writing of the grounds for the proposed denial or revocation.

(2) If the denial or revocation is protested within 30 days of receipt of the written notice, a hearing is conducted.

(3) When OKDHS denies an application or revokes a license, the responsible entity cannot make application for a new child care facility license within Oklahoma for five years following notification to the responsible entity of the application denial or license revocation; and during the appeal process.

Okla. Admin. Code § 340:110-3-82

Amended at 10 Ok Reg 107, eff 10-13-92 (emergency); Amended at 10 Ok Reg 2287, eff 6-11-93; Amended at 11 Ok Reg 189, eff 10-6-93 (emergency); Amended at 11 Ok Reg 2773, eff 6-13-94; Amended at 17 Ok Reg 1607, eff 5-25-00; Amended at 25 Ok Reg 22, eff 10-1-07 (emergency); Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 1869, eff 7-1-10