(a) In accordance with Section 401 of Title 10 of the Oklahoma Statutes, no child care facility may be operated or maintained after June 30, 1964, unless licensed by the Oklahoma Department of Human Services (OKDHS).
(b) Child care facilities that are required to be licensed by OKDHS do not include programs that operate:
- (1) 15 hours or less per week;
- (2) during typical school hours by a public or private school that offers elementary education from kindergarten through third grade; or
- (3) on tribal country land or federal property.
(c) An application for a license is made on forms provided by OKDHS in the manner prescribed. All licenses are in force until the facility closes or the license is revoked. A one-year provisional license may be issued to any applicant whose services are needed but who is temporarily unable to conform to all the rules and regulations of OKDHS.
(d) An unlicensed child care center may not advertise as licensed.
(e) No other activity or business unrelated to child care is permitted in the child care center during the time child care is provided. A business located in the same building as the center is required to have its own entrance, bathrooms, and proper fire rated separation.
(f) OKDHS may deny an application or revoke a license if a licensee violates any provisions of the Oklahoma Child Care Facilities Licensing Act. [10 O.S. § 401 et seq.] No application is denied or license revoked unless the license holder is given 30-day notice in writing of the grounds for the proposed revocation or denial. If the revocation or denial is protested within 30 days of receipt of the written notice, a hearing is conducted at which the licensee is given an opportunity to present testimony.
(g) When OKDHS denies or revokes a child care center's license, the responsible agent, owner, governing board, franchisee, or governmental agency cannot make application for a new child care facility license within Oklahoma:
- (1) following notification to the agent of the license revocation or denial;
- (2) during an appeal process; and
- (3) for five years following closure of the center.