Oklahoma House Bill HB1089

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Child care; requiring appointment of administrative law judge when protesting licensing revocations or denials; effective date.

Impact

The bill modifies existing state law concerning the administrative processes involved in child care licensing. By mandating that a hearing must be held if the revocation or denial is contested, HB 1089 aims to provide an additional layer of protection for child care providers. It places a stronger emphasis on due process, ensuring that providers have an opportunity to defend themselves against allegations before losing their licenses. The bill also addresses the notification requirements to ensure that parents and referral organizations are informed promptly of any licensure issues.

Summary

House Bill 1089 is a legislative act aimed at reforming the licensing process for child care facilities in Oklahoma. The bill specifies that any order for revoking or denying licenses for child care facilities must include a formal process that allows the licensee or applicant to contest such actions. This means that those affected will be given at least thirty days' notice regarding the grounds for the proposed revocation or denial and can subsequently request a hearing conducted by an appointed administrative law judge. This change is designed to enhance the fairness and transparency of the child care licensing system.

Contention

Though the bill has generated support for its intent to protect child care providers, concerns have been raised regarding the implications of its provisions. Critics may argue that while increasing protections is important, the time required for these hearings could delay necessary actions against facilities that are genuinely harmful to children. Additionally, the language surrounding emergency orders and the mechanism for handling immediate risks could also attract scrutiny, especially in instances where swift action is required to safeguard children's welfare.