COMMENT DUE DATE:
March 17, 2016
DATE:
February 16, 2016
Travis Smith (405) 521-3638
Dena Thayer, OIRP Programs administrator (405) 521-4326
RE:
APA WF 15-06
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
A public hearing is scheduled for 9:00 a.m. on March 25, 2016 at the Oklahoma Department of Human Services, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, OK73105, Room C-48. Anyone who wants to speak must sign in at the door by 9:05 a.m.
SUBJECT:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 5. Fair Hearings
Part 11. Child Care Facility Licensing
OAC 340:2-5-110 through 340:2-5-112 [AMENDED]
OAC 340:2-5-114 through 340:2-5-120 [AMENDED]
OAC 340:2-5-122 [AMENDED]
OAC 340:2-5-124 [AMENDED]
Subchapter 28. Office of Administrative Hearings: Child Support
OAC 340:2-28-4.2 [AMENDED]
(Reference WF 15-06)
SUMMARY:The proposed revisions to Chapter 2 Subchapter 5 amend the rules to comply with Section 405.3(A)(2) of Title 10 of the Oklahoma Statutes by adding the recording of an individual on the Child Care Restricted Registry, also known as Joshua's List, or Registry to those who are entitled to an administrative hearing.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); and 10 O.S. § 405.3(A)(2).
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Ron Baze,General Counsel
Date:January 20, 2016
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 5. Fair Hearings
Part 11. Child Care Facility Licensing
OAC 340:2-5-110 through 340:2-5-112 [AMENDED]
OAC 340:2-5-114 through 340:2-5-120 [AMENDED]
OAC 340:2-5-122 [AMENDED]
OAC 340:2-5-124 [AMENDED]
Subchapter 28. Office of Administrative Hearings: Child Support
OAC 340:2-28-4.2 [AMENDED]
(Reference WF 15-06)
Contact:Travis Smith (405) 521-3638
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Chapter 2 Subchapter 5 amend the rules to comply with Section 405.3(A)(2) of Title 10 of the Oklahoma Statutes by adding the recording of an individual on the Child Care Restricted Registry, also known as Joshua's List, or Registry to those who are entitled to an administrative hearing.
Strategic Plan Impact.
The proposed rules achieve Oklahoma Department of Human Services (DHS) goals by continuously improving processes.
Substantive changes.
Oklahoma Administrative Code (OAC) Sections 340:2-5-110, 340:2-5-111, 340:2-5-114, 340:2-5-115, 340:2-5-117, 340:2-5-118, 340:2-5-119; 340:2-5-120, 340:2-5-122, and 340:2-5-124 are amended to include individuals who DHS proposes to place on the Registry as having the right to an administrative hearing.
OAC 340:2-5-112 is amended to change Division of Child Care to Child Care Services and to add the definition of registrant.
OAC 340:2-5-116 and 340:2-5-117 are amended to change Division of Child Care to Child Care Services.
OAC 340:2-28-4.2 is amended to change a P.O. Box number.
Reasons.
Rules are revised to bring DHS into compliance with state statute.
Repercussions.
If the rules are not revised individuals who DHS proposes to place on the Child Care Restricted Registry would not be afforded due process as required by state Statute, the Oklahoma Constitution, and the United States Constitution.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); and 10 O.S. § 405.3(A)(2).
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The class of people most likely affected are those:(1) who have a substantiated finding of abuse or neglect, as defined in 10A O.S. § 1-1-105 by an individual when the abuse or neglect occurred to children while in the care of a child care facility licensed by DHS or by an adult in a family child care home when the adult's presence is incidental to the operation of the family child care home; and (2) for whom a child care facility license was revoked or denied; and (3) who have a specified criminal history as defined by DHS rules.
C.A description of the classes of persons who will benefit from the proposed rule: The class of people who will benefit from the proposed rules are families making decisions about child care providers.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: The economic impact on those placed on the Registry is that they will not be able to work in the child care industry.There are no fees or costs related to these rule revisions.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to DHS includes the cost of printing and distributing the rules estimated to be less than $20.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There will be an adverse impact on child care employees and owners who are placed on the Child Care Restricted Registry; however, DHS has no discretion in setting criteria for being placed on the Registry per 10 O.S. § 405.3.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or less intrusive methods for complying with 10 O.S. § 405.3(A)(2).
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rules will bring DHS into compliance with state law, positively impacting the health, safety, and well-being of consumers of child care services.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the rules are not adopted, DHS will not be in compliance with 10 O.S. § 405.3(A)(2).
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared June 30, 2015; modified September 1, 2015; modified December 17, 2015; modified January 20, 2016.
SUBCHAPTER 5. FAIR HEARINGS
PART 11. CHILD CARE FACILITY LICENSING
340:2-5-110. Legal bases basis
Issued 6-27-02 Revised 9-15-16
Sections 405.3, 407, and 408 of Title 10 of the Oklahoma Statutes provide an for administrative hearing hearings when the Oklahoma Department of Human Services (DHS):
(1) denies an application for a license to operate a child care facility;
(2) revokes a license to operate a child care facility; and
(3) has issued an emergency order Emergency Order to a child care facility.; and
(4) records an individual on the Child Care Restricted Registry.
340:2-5-111. Hearings conducted by the Oklahoma Department of Human Services (DHS) Legal Services Appeals Unit
Issued 6-27-02 Revised 9-15-16
The DHS Legal Services Appeals Unit presides over hearings when an applicant or licensee appealing party requests a hearing regarding:
(1) denial of an application for a child care facility license;
(2) revocation of a child care facility license; and
(3) an emergency order Emergency Order relating to a child care facility.; and
(4) recording an individual on the Child Care Restricted Registry.
340:2-5-112. Definitions
Revised 8-3-07 9-15-16
The following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise:
"Access to the case file" means that the applicant, licensee, and authorized representative have appealing party has the right to review any information to be used by the Oklahoma Department of Human Services (OKDHS) (DHS) in the hearing.
(A) The review may be made at a reasonable time before the date of the hearing.
(B) Access to the case file means access to the applicant or licensee appealing party file but does not include the Children and Family Services Division (CFSD) Child Welfare Services records and any report to the district attorney unless ordered released by the administrative hearing officer (AHO).The order is based upon on a request by the applicant or licensee appealing party and, after an in camera review by the AHO, a determination that a compelling reason exists and that disclosure is necessary for the protection of a public or private interest.Any child's name and the reporter's name is are removed prior to submitting the information to the AHO.
(C) When a request for file access is made, the local office must make makes arrangements for the applicant or licensee and authorized representative appealing party to review the case file with as much privacy as possible.A supervisory staff member observes the review of the case file to ensure that contents of the case file are not removed from the record.
(D) The applicant, licensee, and authorized representative are appealing party is free to make written notes from the record or obtain copies of available documents.An applicant, licensee, or representative appealing party is not charged for copies of documents made for the purpose of hearing preparation or presentation.
"Administrative hearing officer (AHO)" means:
(A) the professional staff member of the DHS Legal Services Appeals Unit who has been is designated by the Appeals Unit supervisor to conduct an administrative hearing and issue a decision; or
(B) a lawyer who has a contract with OKDHS DHS to preside over administrative hearings and issue a decision decisions.
"Appealing party" means an applicant, licensee, potential registrant, and the authorized representative.
"Appeals Unit" means the unit established within the DHS Legal Division Services, which that is responsible for conducting administrative hearings.
"Appeals Unit supervisor" means the person designated by the OKDHS DHS general counsel to supervise the Appeals Unit.
"Applicant or licensee" means:
(A) an applicant for a license to operate a child care facility; or
(B) the holder of a license to operate a child care facility which has been that was revoked.
"Authorized representative" means a person authorized by the applicant or licensee to represent them in the hearing process.
(A) Any party may be represented by a lawyer or legal intern licensed to practice by the Supreme Court of Oklahoma.
(B) A party may be represented by a non-lawyer.
(C) If the representative is not a lawyer, OKDHS DHS verifies the authority of the person to represent the applicant or licensee appealing party through verbal or written authorization of the applicant or licensee appealing party.
"Child Care Services (CCS)" means any office in any division or unit within CCS that is responsible for the act, or failure to act, which is the subject of the hearing request.
"Clear and convincing evidence" means the degree of proof which has that produced in the AHO a firm belief as to the truth of the allegation sought to be established.
"DHS" means the Oklahoma Department of Human Services.
"Division of Child Care (DCC)" means any office in any division or unit within DCC which is responsible for the act, or failure to act, which is the subject of the hearing request.
"Hearing" means the process by which evidence is obtained and a decision is made regarding the OKDHS DHS action being protested.
"Hearings on licensing actions related to child care facilities and child-placing agencies" means:
(A) the process to review an OKDHS a DHS decision on denial or revocation of a license for a child care facility or child-placing agency; or
(B) hearings on emergency orders Emergency Orders to cease operation of a child care facility.
"Hearing request" means a written expression by an applicant, licensee, or authorized representative appealing party of the applicant's or licensee's desire to contest an action by OKDHS DHS through the hearing process.
"OAC" means the Oklahoma Administrative Code, which contains the regulations promulgated by each state agency.
"Official record" means:
(A) all evidence offered for introduction admitted as evidence at the hearing;
(B) an electronic recording of the hearing, or a transcription of the hearing; and
(C) the hearing decision.
"OKDHS" means the Oklahoma Department of Human Services.
"Registrant" means an individual recorded on the Child Care Restricted Registry.
340:2-5-114. Hearing request
Issued 6-27-02 Revised 9-15-16
(a) A hearing request must be in writing and signed by the applicant, licensee, or authorized representative appealing party.
(b) To be considered timely, a hearing request must be received by the Oklahoma Department of Human Services (DHS) within: ¢ 1
(1) 30-calendar days of receipt of the notice of denial or revocation; or
(2) ten 10-calendar days of receipt of an emergency order Emergency Order.; or
(3) 30-calendar days of receipt of the notice of recording on child care restricted registry.
INSTRUCTIONS TO STAFF 340:2-5-114
Issued 6-27-02 Revised 9-15-16
1.When a client or authorized representative appealing party indicates the wish intent to have a hearing in any manner other than by signed writing the Oklahoma Department of Human Services (DHS) employee to whom this wish intent is made known:
(1) informs the client or authorized representative appealing party of the requirement that a hearing request be made in writing, signed by the client or authorized representative appealing party; and
(2) offers any assistance necessary for the client or authorized representative appealing party to make a proper hearing request.
340:2-5-115. Appeals Unit action following receipt of a hearing request
Issued 6-27-02 Revised 9-15-16
(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) hearing request was made timely; and
(2) hearing request involves an appealable issue.An issue is appealable only if the Oklahoma Department of Human Services (DHS) has notified the applicant or licensee appealing party in writing that:
(A) an application for a child care facility license is denied;
(B) a child care facility license is revoked; or
(C) an emergency order has been 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) If 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 Emergency Orders, the hearing must be held within ten 10-calendar days of receipt of the applicant's or licensee's 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 applicant or licensee appealing party.Copies of this notification are sent to the Division of Child Care Services, appropriate supervisory staff, and the authorized representative, if any.¢ 2The notice of hearing is mailed in cases involving:
(A) license denial or revocation, by certified mail not less than two weeks 14 calendar days prior to the hearing date, unless waived by the applicant or licensee appealing party; and
(B) appeals of emergency orders 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.
INSTRUCTIONS TO STAFF 340:2-5-115
Issued 6-27-02 Revised 9-15-16
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 applicant or licensee, authorized representative, appealing party and Division of Child Care Services that the hearing request is dismissed.This notice includes a statement of appeal rights.
2.The notice of hearing to the applicant or licensee 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 ready at the time of the hearing 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 will result results in dismissal of the hearing request;
(6) an explanation of how consideration of good cause can be 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.
340:2-5-116. Communications with the administrative hearing officer (AHO)
Issued 6-27-02 Revised 9-15-16
Following a hearing request, there is no direct or indirect contact regarding the merits of the case between the AHO and a person with a direct or indirect interest in the case, unless there is notice to all parties and an opportunity to participate in the communication, except the AHO may:
(1) be contacted on matters of an informational or procedural nature; or
(2) contact the Division of Child Care Services in order to obtain information regarding:
(A) timeliness of the hearing request; or
(B) whether if an appealable issue exists.
340:2-5-117. Hearing continuance, withdrawal, and dismissal
Issued 6-27-02 Revised 9-15-16
(a) Continuance of hearing.
(1) Additional evidence.At the conclusion of a hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made.If so, the AHO may continue the hearing and direct the parties to submit any additional evidence the AHO deems deemed necessary.The AHO may set time limits for the submission.
(2) Scheduling.If the AHO is informed, in advance of a hearing, that the applicant, licensee, authorized representative, appealing party or the Oklahoma Department of Human Services (DHS) needs a continuance, the AHO continues the hearing if when good cause is shown.
(b) Withdrawal of request for hearing.An applicant, licensee, or authorized representative appealing party may withdraw a hearing request in writing, signed by the applicant, licensee, or authorized representative appealing party.¢ 1
(c) Dismissal of hearing request.If When the applicant, licensee, or authorized representative appealing party fails to appear for the scheduled hearing and fails to submit sufficient evidence to establish good cause for failure to appear at the appointed time, the AHO issues a letter of decision.The letter advises the applicant, licensee, or authorized representative appealing party that the request for the hearing has been dismissed and that the Division of Child Care Services will take action to implement the decision.
INSTRUCTIONS TO STAFF 340:2-5-117
Issued 6-27-02 Revised 9-15-16
1.When an applicant, licensee, or authorized representative appealing party indicates the wish intent to withdraw a hearing request in any manner other than by signed writing, the Oklahoma Department of Human Services (DHS) employee to whom this wish intent is made known:
(1) informs the applicant, licensee, or authorized representative appealing party of the requirement that withdrawal of a hearing request is made in writing, signed by the applicant, licensee, or authorized representative appealing party;
(2) offers form H-3 Form 13MP004E, Withdrawal of Request for Hearing; and
(3) offers any assistance necessary for the applicant, licensee, or authorized representative appealing party to properly withdraw the hearing request.
340:2-5-118.Presence of Oklahoma Department of Human Services (DHS) employees or DHS records at hearings
Issued 6-27-02 Revised 9-15-16
An administrative hearing officer (AHO) does not have the authority to issue subpoenas for the presence of people or production of evidence at hearings.
(1) An AHO, at the request of an applicant, licensee, authorized representative, appealing party or on his or her own motion, may require the presence at a hearing of:
(A) a particular DHS employee;
(B) DHS records; and
(C) other DHS evidence belonging to DHS.
(2) An applicant's or licensee's appealing party request for the presence of a DHS employee, DHS documents, or other evidence, is granted by the AHO only if when the applicant or licensee appealing party shows that the presence of the DHS employee or evidence is:
(A) relevant to the issues involved in the hearing;
(B) necessary for determination of the issue;
(C) not otherwise obtainable by the applicant or licensee appealing party; and
(D) not confidential pursuant to state or federal law.
(3) If When the AHO determines that a DHS employee needs to be present, or the records or evidence in DHS possession are to be produced at the hearing, the AHO gives notice to the DHS employee or office where the evidence is located of the date, time, and location of the hearing.
340:2-5-119. Standard of review and burden of proof
Revised 8-3-07 9-15-16
(a) Standard of review. The administrative hearing officer (AHO) determines whether the Oklahoma Department of Human Services (OKDHS) (DHS) action is supported by clear and convincing evidence and not contrary to the applicable law.
(b) Burden of proof.The party who seeks to alter the status quo has the burden of proof.The burden of proof is on:
(1) an applicant to show that the applicant is eligible to receive a child care facility license;
(2) OKDHS DHS to show that a child care facility license should be revoked; and
(3) OKDHS DHS to show that the issuance of an emergency order Emergency Order was necessary to protect the health, safety, or welfare of a child receiving child care.; and
(4) DHS to show that the person should be recorded on the Child Care Restricted Registry.
340:2-5-120. Hearing procedures
Issued 6-27-02 Revised 9-15-16
(a) Hearings.All hearings scheduled by the Appeals Unit are conducted by an administrative hearing officer (AHO), who:
(1) designates the hearing location;
(2) administers oaths; ¢ 1
(3) conducts the hearing in an orderly manner;
(4) rules on the admissibility of evidence; and
(5) takes such action as the AHO deems necessary to reach a proper disposition of the case.
(b) Hearings are not open to the public.
(1) In order that the confidential nature of case material and the relationship between the applicant or licensee appealing party and the Oklahoma Department of Human Services (DHS) is maintained, hearings are not open to the public.
(2) In With approval of the AHO, in addition to the applicant or licensee, the authorized representative appealing party and the local office representative, with approval of the AHO, persons permitted to attend the hearing are:
(A) with permission of the AHO, persons invited by the applicant or licensee appealing party;
(B) witnesses, subject to the AHO's direction that witnesses are excluded from the hearing prior to their testimony; and
(C) any member of the Child Care Advisory Committee who wishes wants to attend the hearing.
(c) Pre-hearing conference.A conference may be conducted by the AHO prior to the formal beginning of a hearing. ¢ 2The pre-hearing conference is not recorded.
(d) Recording the hearing.
(1) The AHO is responsible for arranging for the hearing to be recorded.The hearing may be recorded electronically or by a certified court reporter.
(2) The AHO's recording of the hearing is the official recording.The client or authorized representative appealing party may provide his or her own recording device for use during the hearing if such recording is not disruptive.In no case is videotaping Videotaping is not allowed.
(3) Upon written request to the Appeals Unit, DHS provides the applicant, licensee, or authorized representative appealing party a copy of the:
(A) tape recording of the hearing.A transcript of the recording is provided only when required by federal or state law; or
(B) court reporter's transcript.
(e) Sequestration of witnesses.The AHO may require that any witness, other than the applicant, licensee appealing party or the Division of Child Care Services representative, absent himself or herself from the hearing room except when the witness is testifying.
(f) Presentation of the case.
(1) The AHO directs the order of presentation of the case.¢ 3
(2) When presentation of the evidence is complete, the AHO allows closing statements.
(3) The AHO renders a decision immediately following closing statement.
INSTRUCTIONS TO STAFF 340:2-5-120
Issued 6-27-02 Revised 9-15-16
1.An oath is administered by the administrative hearing officer (AHO) to the applicant, licensee, appealing party witnesses, and the representative(s) of the local office.The following form is used for the oath, "Do you solemnly swear or affirm that the evidence you give in this case will be the truth, the whole truth, and nothing but the truth?"In hearings in which an applicant or licensee appealing party is assisted by an interpreter, the AHO will also administer administers an oath to the interpreter.The following form is used for the oath, "Do you solemnly swear or affirm that you will truthfully translate from English into (state the other language) the questions about to be asked, and from (state the other language) into English the answers about to be given in the case to the best of your ability?"
2.The purpose of the pre-hearing conference is to reduce the actual amount of time spent in the hearing.In the pre-hearing conference the AHO identifies all:
(1) witnesses;
(2) exhibits; and
(3) issues to be covered in the hearing.
3.Order of presentation.
(1) The AHO normally begins the presentation of evidence by asking for short statements from the representative of the Division of Child Care Services, or the Oklahoma Department of Human Services (DHS) assistant general counsel assigned to the case, and the applicant or licensee appealing party regarding the reason for appeal.The AHO may aid in development of these statements.
(2) The AHO makes a brief summary of these statements in order to define the point(s) at issue.
(3) The AHO explains:
(A) the testimony and other evidence presented by the representative of the local office must be confined to the factual information and verifications used in reaching the decision made by the local office on the point(s) at issue; and
(B) any presentation by or on behalf of the applicant or licensee appealing party must be related to the point(s) at issue.
(4) Evidence.
(A) DHS normally presents evidence first, including witnesses and non-testimonial evidence.
(B) The applicant or licensee appealing party presents evidence after the DHS presentation is completed.
(C) DHS may present rebuttal evidence, and the applicant or licensee appealing party surrebuttal, until both sides, in the judgment of the AHO, have adequately addressed all issues.
(D) Each party is given a reasonable time in which to complete its case.The hearing is not considered complete until both sides have been given a reasonable opportunity to present evidence and complete their arguments.
(E) The testimony of each witness is subject to appropriate cross-examination by the opposite party and questioning by the AHO.
(F) The AHO may call and/or examine witnesses to develop the record fully and to ensure all evidence favorable to an unrepresented applicant or licensee appealing party is presented.
(G) If during the hearing, the AHO determines that a party can submit evidence after the hearing, without the necessity of reconvening the hearing, the AHO:
(i) clearly states what evidence is to be submitted, who submits the evidence, and a deadline for submission;
(ii) if when the evidence is to be submitted by the applicant or licensee appealing party, directs the applicant or licensee appealing party to submit the evidence to the local office, which forwards the evidence to the AHO;
(iii) if when the evidence is to be submitted by the local office, directs the local office to send a copy to the applicant, licensee, or authorized representative appealing party at the same time the evidence is sent to the AHO;
(iv) tells the parties that within five calendar days following receipt of the evidence, the other may submit comments to the AHO or request that the hearing be reconvened; and
(v) tells the parties that it is within the sole discretion of the AHO whether or not to reconvene the hearing.
(5) When presentation of the evidence is complete, the AHO allows closing statements, with the party bearing the burden of proof going last.
340:2-5-122. Hearing decision
Issued 6-27-02 Revised 9-15-16
(a) The factual basis of the decision is information that was available to the Oklahoma Department of Human Services (DHS) on the date of the decision and, if DHS failed to follow its own rules regarding the gathering of information, the information that would have been available to DHS at the time of the decision had the rules been followed.This information is obtained through:
(1) hearing testimony;
(2) exhibits introduced admitted as evidence at the hearing; or
(3) facts or law of which the administrative hearing officer (AHO) has taken judicial notice.
(b) The law applied to the case is described in (1) - (3) of this subsection.
(1) The relevant sections of the Oklahoma Administrative Code (OAC) are applied.
(2) Where the OAC is ambiguous or silent on a point critical to the decision, reference to other sources, including state and federal statues statutes; federal regulations, sub-regulatory material, and case law is appropriate.¢ 1
(3) The AHO shall does not declare any section Section of the OAC invalid.However, if the validity of any section Section of the OAC is raised as an issue, the AHO permits arguments concerning that issue so that the issue is preserved for subsequent review.
(c) The AHO renders a decision at the conclusion of the presentation of the case and indicates the decision on the date of the hearing on a form which that includes a statement of the applicant's, or licensee's, or registrant's appeal rights.
(d) Immediately after pronouncing the decision, the AHO:
(1) requests that the applicant or licensee appealing party sign the statement on the decision form to acknowledge receipt of the decision; and
(2) provides a copy of the decision to:
(A) the applicant, or licensee, or registrant;
(B) the authorized representative, if any;
(C) the Division of Child Care Services; and
(D) any other component of DHS which that is necessary for implementation of the decision.
INSTRUCTIONS TO STAFF 340:2-5-122
Issued 6-27-02 Revised 9-15-16
1.When an administrative hearing officer (AHO) relies upon sources of law other than the Oklahoma Department of Human Services (DHS) regulations, the written decision indicates the source of the law upon which the AHO relied and the reasons for that reliance.
340:2-5-124. Appeals to district court
Issued 6-27-02 Revised 9-15-16
(a) Revocation or denial.If When the decision of the Oklahoma Department of Human Services (DHS) to revoke or deny a license to operate a child care facility is upheld, the administrative hearing officer (AHO) informs the applicant or licensee appealing party that an appeal to district court may be filed within ten 10-calendar days after the decision is rendered.
(b) Emergency orders.If When the DHS decision is upheld, the AHO informs the applicant or licensee appealing party that an appeal may be filed in the district court within 30 10-calendar days after the decision is rendered.
(c) Recording on Child Care Restricted Registry.When the DHS decision is to record an individual on the Child Care Restricted Registry, the AHO informs the registrant that an appeal to district court may be filed within 10-calendar days after the decision is rendered.
SUBCHAPTER 28. OFFICE OF ADMINISTRATIVE HEARINGS: CHILD SUPPORT
340:2-28-4.2. Terms and location of Office of Administrative Hearings: Child Support
Revised 9-15-15
(a) The Office of Administrative Hearings: Child Support (OAH), is in session at the district child support offices on days docketed for administrative hearings; at the offices.Pleadings pleadings, other documents, and orders may be filed with, or presented to, the administrative law judge (ALJ) at the district child support office on administrative hearing docket days.On days when OAH is not in session at the district child support office, pleadings, other documents, and orders must be filed at OAH located in the Sequoyah Building, in 2400 North Lincoln Boulevard, Oklahoma City, Oklahoma.The mailing address is P.O. PO Box 53025 25352, Oklahoma City, OK 73105 and the finding address is 2400 N. Lincoln Blvd., Oklahoma City, OK Oklahoma 3125-0352.
(b) Proceedings cannot be commenced commence unless and until an administrative case is opened through the Oklahoma Department of Human Services Child Support Enforcement Division Services.
(c) All proceedings are commenced by filing pleadings at OAH.The OAH file is maintained at OAH located in the Sequoyah Building unless otherwise designated by the OAH chief ALJ of OAH.
(d) All pleadings filed and exhibits introduced are kept in OAH unless an ALJ directs otherwise directed by an ALJ, and are not removed except upon order of an ALJ.In that event, a receipt specifying the record or document removed must be submitted to OAH by the party obtaining the record or document.The receipt must be legible and state the date and the name, business address, and telephone number of the person removing the document.Any party who obtains an order for the removal of a transcript made by the official court reporter or as directed by the ALJ or makes a copy in the OAH office may be required to pay the copying costs according to OAC per Oklahoma Administrative Code 340:2-21-16.
