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Oklahoma Legislature· SB 180Second Reading referred to Health and Human Services

An act relating to child care, the official text

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1                           STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 180               By: Sacchieri
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5                               AS INTRODUCED

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6   An Act relating to child care; amending 10 O.S. 2021,

6   Section 408, which relates to appeals; broadening

7   applicability of certain appeals; and declaring an

7   emergency.

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10 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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11  SECTION 1.     AMENDATORY   10 O.S. 2021, Section 408, is

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12 amended to read as follows:
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13  Section 408. A. Any licensee or applicant aggrieved by the

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14 decision of the Department of Human Services under Section 407 of
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15 this title or by a decision of the Department to reduce the rating
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16 of the child care facility licensee under the Quality Rating and
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17 Improvement System or to reduce payment to the licensee on the basis
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18 of the reduction in rating may, within ten (10) days after the
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19 revocation or denial of the license or the reduction of the rating
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20 or payment, appeal to the district court of the county in which the
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21 child care facility is maintained and operated by filing with the
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22 clerk of the court a verified petition. Notice of such appeal shall
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23 be served on the Director of the Department within five (5) days of
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24 the date of its filing.
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    Req. No. 745                                              Page 1
1   B. The licensee or applicant shall, within twenty (20) days of

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2 the filing of the appeal, file with the clerk of such court a
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3 transcript of the proceedings held pursuant to Section 407 of this
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4 title. The district court shall thereupon be vested with
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5 jurisdiction to review the proceedings of the Department; provided
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6 that, if.
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7   C. If the Department prevails, the judgment of the district

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8 court shall be that the decision of the Department be affirmed, and
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9 if. If the licensee or applicant prevails, the judgment of the
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10 court shall be that the revocation or the reduction of the rating or
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11 payment be set aside or the license issued or renewed, as the case
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12 may be. Pending the hearing of the appeal, the action of the
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13 Department revoking or denying the license or the granting thereof
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14 or reducing the rating or payment shall be stayed; provided, after
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15 the filing of an appeal, the district court, upon application by the
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16 Department and after an appropriate hearing, may grant a restraining
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17 order to enforce the decision of the Department.
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18  SECTION 2. It being immediately necessary for the preservation

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19 of the public peace, health or safety, an emergency is hereby
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20 declared to exist, by reason whereof this act shall take effect and
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21 be in full force from and after its passage and approval.
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23  60-1-745      DC  12/30/2024 1:18:56 PM

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    Req. No. 745                                              Page 2
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