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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1641 By: Weaver
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2021,
Section 408, which relates to appeals; authorizing
appeals of decisions pertaining to the Restricted
Registry; broadening applicability of certain
provisions; directing certain order and relief;
authorizing certain civil actions; requiring award of
appropriate relief; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 408, is
amended to read as follows:
Section 408. A. Any licensee or applicant aggrieved by the
decision of the Department of H uman Services under Section 407 of
this title or any individual aggrieved by a decision of the
Department under Section 405.3 of this title may, within ten (10)
days after the revocation or denial of the li cense under Section 407
of this title or recording of the individual on the Res tricted
Registry under Section 405.3 of this title , appeal to the district
court of the county in which the child care facility is main tained
and operated by filing with the clerk of the court a verified
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petition. Notice of su ch appeal shall be served on the Director of
the Department within five (5) days of the date of its fil ing.
B. The licensee or, applicant, or individual shall, within
twenty (20) days of the filing of the appeal, file with the clerk of
such court a transcript of the proceedings held pursuant to Section
405.3 or 407 of this title. The district court shall thereupon be
vested with jurisdiction to review the proceedin gs of the
Department; provided that, if.
C. 1. If the Department prevails , the judgment of the district
court shall be that the decision of the Department be affirmed , and
if.
2. If the licensee or applicant prevails in an appeal of a
decision under Section 407 of this title, the judgment of th e court
shall be that the revocation be set aside or the license issued or
renewed, as the case may be.
3. If an individual prevails in an appeal of a decision under
Section 405.3 of this title, the court shall order that the
individual be removed from the Restricte d Registry. In addition,
the court shall award any appropriate relief including but not
limited to actual damages, punitive damages, court costs, reasonable
attorney fees, or injunctive relief.
D. Pending the hearing of the appeal, the action of the
Department revoking or denying the license or the granting thereof
or recording the individual on the Restricted Registry shall be
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stayed; provided, after the filing of an appeal, the district court,
upon application by the Department and after an appropriate hearing,
may grant a restraining order to enforce the decision of the
Department.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 408.1 of Title 10, unless there
is created a duplication in numbering, reads as follows:
In addition to the remedies provided by Section 408 of Title 10
of the Oklahoma Statutes , an individual who has been recorded on the
Restricted Registry under Section 405.3 of Title 10 of the Oklahoma
Statutes may bring an action against the Department of Human
Services alleging a violation by the Department of state law
pertaining to the process of recording an individual on the
Restricted Registry including but not limited to subsection C of
Section 405.3 of Title 10 of the Oklahoma Statutes . The court shall
award any appropriate relief to a prevailing plaintiff including but
not limited to actual damages, punitive damages, court costs,
reasonable attorney fees, or injunctive relief .
SECTION 3. This act shall become effective November 1, 2024.
59-2-3121 DC 1/13/2024 4:55:07 PM