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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1641 By: Weaver of the Senate
and
Vancuren of the House
COMMITTEE SUBSTITUTE
[ Child care facilities – appeals – Restricted
Registry – decisions – order – relief – language –
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE O F 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 on the Restricted Registry 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 license
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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 whi ch the child care facility is
maintained and operated by filing with the clerk of the court a
verified petition. Notice of such appeal shall be served o n the
Director of the Department within five (5 ) days of the date of its
filing.
B. The licensee or, applicant, or person on the Restricted
Registry 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
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 on the Restricted Registry 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
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not limited to actual damage s, 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;
provided, after the f iling 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, 20 24.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
04/18/2024 - DO PASS, As Amended.