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ENGROSSED SENATE
BILL NO. 1641 By: Weaver of the Senate
and
Vancuren of the House
An Act relating to the Oklahoma Child Care Facilities
Licensing Act; amending 10 O.S. 2021, Section 408,
which relates to appeals; authorizing appeals of
decisions pertaining to the Restricted Registry;
expanding eligibility to appeal certain decisions;
directing certain order and relief; updating
statutory language; 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 Human Services under Section 407 of
this title or any person aggrie ved 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 license under Section 407 of this
title or recording o f the person on the Restricted Registry under
Section 405.3 of this title, appeal to the district court of the
county in which the child care facility is maintained and operated
by filing with the clerk of the court a verified petition. Notice
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of such appeal shall be served on the Director of the Department
within five (5) days of the date of its filing.
B. The licensee or, applicant, or person shall, within twenty
(20) days of the filing of the appeal, file with the clerk of such
court a transcript of th e proceedings held pursuant to Section 405.3
or 407 of this title. The district court shall thereupon be vested
with jurisdiction to review the proceedings 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 the court
shall be that order the revocation to be set aside or the license to
be issued or renewed, as the case may be .
3. If a person prevails in an appeal of a decision under
Section 405.3 of this title, the court shall order that the person
be removed from the Restricted Registry. In addition, the court may
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 person on the Restricted Registry shall be stayed;
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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. This act shall become effective November 1, 2024.
Passed the Senate the 7th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of ________ __,
2024.
Presiding Officer of the House
of Representatives