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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1719 By: Garvin
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2021,
Section 408, which relates to appea ls; broadening
applicability of certain appeals; and declaring an
emergency.
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 by a decision of the Departme nt to reduce the rating
of the child care facility licensee under the Quality Rating and
Improvement System or to reduce payment to the licens ee on the basis
of the reduction in rating may, within ten (10) days after the
revocation or denial of the license or the reduction of the rating
or payment, appeal to the district court of the count y in which the
child care facility is maintained and oper ated by filing with the
clerk of the court a verified petition. Notice of such appeal shall
be served on the Director of the Department within five (5) days of
the date of its filing.
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B. The licensee or applicant 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 407 of this
title. The district court shall thereupon be vested with
jurisdiction to review the proceedings of the Department ; provided
that, if.
C. If the Department prevails , the judgment of the district
court shall be that the decision of the Department be affirmed , and
if. If the licensee or applicant prevails , the judgment of th e
court shall be that the revocation or the reduction of the rat ing or
payment be set aside or the license issued or renewed, as the case
may be. Pending the hearing of the appeal, the action of the
Department revoking or denying the license or the granting thereof
or reducing the rating or payment shall be 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. It being immediately necess ary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-3099 DC 1/16/2024 5:48:03 PM