(a) Legal basis and authority.  Pursuant to Section  405 of Title 10 of the Oklahoma Statutes, no child care facility may be operated or maintained in this state, unless licensed or given permission to operate by the Oklahoma Department of Human Services. 

(b) Procedure for investigating the operation of an unlicensed facility.  When information is received regarding the operation of an unlicensed facility, staff conducts a full monitoring visit no later than the next facility business day to assess the necessity of a license.  • 1-4

• (1) If care is being provided, staff informs the facility they have not been given permission to operate and they are in violation of the Oklahoma Child Care Facilities Licensing Act.  During the visit the facility is informed on Form 07LC095E, Notice Regarding Unlicensed Care, that:

• (A) care must cease by the end of the current business day unless imminent risk indicates the need for the facility to cease care immediately; or
• (B) permission to operate may be granted when the facility:

• (i) is in compliance with health and safety requirements without serious non-compliances as referenced in OAC 340:110-1-9.3;
• (ii) has submitted a completed application in accordance with OAC 340:110-1-6; and  • 5
• (iii) meets the following licensing requirements:

• (I) all required background information has been provided in accordance with OAC 340:110-1-8.1;
• (II) current cardio-pulmonary resuscitation and first aid certification is documented;
• (III) required health and safety training is completed; and
• (IV) minimum educational qualifications for all positions are met.

• (2) If a facility is not granted permission to operate, a follow-up visit is conducted within one facility business day to verify the termination of care and when care of children has not ceased staff proceed with procedures in OAC 340:110-1-9.4.  • 6
• (3) When the necessity of a license is not required, licensing staff documents the investigation of unlicensed operation on Form 07LC080E, Licensing Services Supplemental Information.  • 7

(c) Documentation of Findings.  Following the unlicensed complaint investigation licensing staff proceed with procedures in OAC 340:110-1-9.2(k).