(a) The factual basis of the decision is information that was available to the Department of Human Services (DHS) on the date of the decision and, if DHS failed to follow its own rules regarding the gathering of information, the information that would have been available to DHS at the time of the decision had the rules been followed.  This information is obtained through:

• (1) hearing testimony;
• (2) exhibits introduced at the hearing; or
• (3) facts or law of which the administrative hearing officer (AHO) has taken judicial notice.

(b) The law applied to the case is described in (1) - (3) of this subsection.

• (1) The relevant sections of the Oklahoma Administrative Code (OAC) are applied. 
• (2) Where the OAC is ambiguous or silent on a point critical to the decision, reference to other sources, including state and federal statues; federal regulations, sub-regulatory material, and case law is appropriate.  • 1
• (3) The AHO shall not declare any section of the OAC invalid.  However, if the validity of any section of the OAC is raised as an issue, the AHO permits arguments concerning that issue so that the issue is preserved for subsequent review.

(c) The AHO renders a decision at the conclusion of the presentation of the case and indicates the decision on the date of the hearing on a form which includes a statement of the applicant's or licensee's appeal rights. 

(d) Immediately after pronouncing the decision, the AHO: 

• (1) requests that the applicant or licensee sign the statement on the decision form to acknowledge receipt of the decision; and
• (2) provides a copy of the decision to: 
• (A) the applicant or licensee;
• (B) the authorized representative, if any;
• (C) the Division of Child Care; and
• (D) any other component of DHS which is necessary for implementation of the decision.