340:2-5-115. Appeals Unit action following receipt of a hearing request
(a) Upon receipt of a hearing request, a hearing number is assigned.
(b) The Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO).The AHO determines if the hearing request:
(1) was made timely; and
(2) involves an appealable issue.An issue is appealable only if the Oklahoma Department of Human Services notified the appealing party in writing that:
(A) an application for a child care facility license is denied;
(B) a child care facility license is revoked;
(C) an Emergency Order was issued; or
(D) an individual received notice of his or her name being recorded on the Child Care Restricted Registry. • 1
(c) When a hearing request is both timely and relates to an appealable issue the:
(1) AHO sets a hearing date.In appeals of Emergency Orders, the hearing must be held within 10-calendar days of receipt of the appealing party's request for a hearing;
(2) Appeals Unit supervisor designates an AHO; and
(3) Appeals Unit mails the notice of hearing to the appealing party.Copies of this notification are sent to Child Care Services, appropriate supervisory staff, and the authorized representative, if any. • 2 The notice of hearing is mailed in cases involving:
(A) license denial or revocation, by certified mail not less than 14 calendar days prior to the hearing date, unless waived by the appealing party;
(B) appeals of Emergency Orders, notice is given as far in advance of the hearing date as possible; and
(C) recording on the Child Care Restricted Registry, by certified mail not less than 14 calendar days prior to the hearing date, unless waived by the registrant.
1.If the administrative hearing officer (AHO) determines that the hearing request was not made timely or does not involve an appealable issue, the AHO notifies the appealing party and child Care Services that the hearing request is dismissed.This notice includes a statement of appeal rights.
2.The notice of hearing to the appealing party contains:
(1) the name of the AHO who will conduct the hearing;
(2) the date, time, and place of the hearing;
(3) a request for the individual to have any evidence he or she wishes to present ready at the time of the hearing;
(4) a statement regarding the individual's right to have other persons attend the hearing to give testimony;
(5) a statement that failure to appear at the scheduled hearing without good cause results in dismissal of the hearing request;
(6) an explanation of how consideration of good cause is requested; and
(7) an invitation for the individual to raise any questions regarding the information in the notice of hearing with the local office.