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Oklahoma Department of Human Services
Oklahoma Department of Human Services
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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
 
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OKDHS Home > Library > Policy > OAC 340 > Chapter 2. Administrative Components > 5. Fair Hearings > 119. Standard of review and burden of proof
340:2-5-119. Standard of review and burden of proof
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Revised 8-3-07

 

(a) Standard of review. The administrative hearing officer (AHO) determines whether the Oklahoma Department of Human Services (OKDHS) action is supported by clear and convincing evidence and not contrary to the applicable law.

(b) Burden of proof. The party who seeks to alter the status quo has the burden of proof. The burden of proof is on:

  • (1) an applicant to show that the applicant is eligible to receive a child care facility license;
  • (2) OKDHS to show that a child care facility license should be revoked; and
  • (3) OKDHS to show that the issuance of an emergency order was necessary to protect the health, safety, or welfare of a child receiving child care.

 
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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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