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OKDHS Home > Library > Policy > OAC 340 > Chapter 2. Administrative Components > 5. Fair Hearings > 115. Appeals Unit action following receipt of a hearing request
340:2-5-115. Appeals Unit action following receipt of a hearing request
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Issued 06-27-02


(a) Upon receipt of a hearing request, a hearing number is assigned.

(b) The Appeals Unit supervisor assigns the case to an administrative hearing officer (AHO).  The AHO determines if the:

  • (1) hearing request was made timely; and
  • (2) hearing request involves an appealable issue.  An issue is appealable only if the Department of Human Services (DHS) has notified the applicant or licensee in writing that:
    • (A) an application for a child care facility license is denied;
    • (B) a child care facility license is revoked; or
    • (C) an emergency order has been issued.  • 1

(c) If a hearing request is both timely and relates to an appealable issue the:

  • (1) AHO sets a hearing date.  In appeals of emergency orders, the hearing must be held within ten days of receipt of the applicant's or licensee's request for a hearing;
  • (2) Appeals Unit supervisor designates an AHO; and
  • (3) Appeals Unit mails the notice of hearing to the applicant or licensee.  Copies of this notification are sent to the Division of Child Care, appropriate supervisory staff, and the authorized representative, if any.  • 2 The notice of hearing is mailed in cases involving: 
    • (A) license denial or revocation, by certified mail not less than two weeks prior to the hearing date, unless waived by the applicant or licensee; and
    • (B) appeals of emergency orders, notice is given as far in advance of the hearing date as possible. 

INSTRUCTIONS TO STAFF 340:2-5-115

1.   If the administrative hearing officer (AHO) determines that the hearing request was not made timely or does not involve an appealable issue, the AHO notifies the applicant or licensee, authorized representative, and Division of Child Care that the hearing request is dismissed.  This notice includes a statement of appeal rights.

2.   The notice of hearing to the applicant or licensee contains:

(1) the name of the AHO who will conduct the hearing;

(2) the date, time, and place of the hearing;

(3) a request for the individual to have ready at the time of the hearing any evidence he or she wishes to present;

(4) a statement regarding the individual's right to have other persons attend the hearing to give testimony;

(5) a statement that failure to appear at the scheduled hearing without good cause will result in dismissal of the hearing request;

(6) an explanation of how consideration of good cause can be requested; and

(7) an invitation for the individual to raise any questions regarding the information in the notice of hearing with the local office.
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Last Updated:  9/13/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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