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Oklahoma Department of
Human Services
Stronger Families Grow
Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
 
340:2-5-117. Hearing continuance, withdrawal, and dismissal
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Issued 06-27-02


(a) Continuance of hearing.

  • (1) Additional evidence.  At the conclusion of a hearing, the administrative hearing officer (AHO) may determine that additional evidence is needed before a final decision can be made.  If so, the AHO may continue the hearing and direct the parties to submit any additional evidence the AHO deems necessary.  The AHO may set time limits for the submission.
  • (2) Scheduling.  If the AHO is informed, in advance of a hearing, that the applicant, licensee, authorized representative, or the Department of Human Services (DHS) needs a continuance, the AHO continues the hearing if good cause is shown. 

(b) Withdrawal of request for hearing.  An applicant, licensee, or authorized representative may withdraw a hearing request in writing, signed by the applicant, licensee, or authorized representative.  • 1

(c) Dismissal of hearing request.  If the applicant, licensee, or authorized representative fails to appear for the scheduled hearing and fails to submit sufficient evidence to establish good cause for failure to appear at the appointed time, the AHO issues a letter of decision.  The letter advises the applicant, licensee, or authorized representative that the request for the hearing has been dismissed and that the Division of Child Care will take action to implement the decision.

INSTRUCTIONS TO STAFF 340:2-5-117

 

1.   When an applicant, licensee, or authorized representative indicates the wish to withdraw a hearing request in any manner other than by signed writing, the Department of Human Services (DHS) employee to whom this wish is made known: 

(1) informs the applicant, licensee, or authorized representative of the requirement that withdrawal of a hearing request is made in writing, signed by the applicant, licensee, or authorized representative;

(2) offers form H-3, Withdrawal of Request for Hearing; and

(3) offers any assistance necessary for the applicant, licensee, or authorized representative to properly withdraw the hearing request.



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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