reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-92. Election authorized - Manner of calling election.

The board of county commissioners in each county in the State of Oklahoma is hereby authorized and empowered to call any election for the purpose of issuing bonds to purchase lands, make improvement thereon, or to make improvements upon lands already owned by such counties, for the use and benefit of the poor people of such counties. Said commissioners shall call said election by issuing a proclamation therefor and giving notice thereof in four consecutive issues of a weekly newspaper published in and of general circulation in such county proposing to issue said bonds. Provided, that no election shall be held until the expiration of thirty (30) days following the date of the first publication of said notice.
Added by Laws 1923, c. 138, p. 233, § 2.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-95. Bonds - Sale.

If at said election the voters, voting thereon, shall vote in favor of the issuance of the bonds, the board of county commissioners shall at once proceed to issue the same and shall deposit the bonds in the treasury of the county, the treasurer being responsible and chargeable therefor on his official bond. The board of county commissioners shall proceed to sell said bonds and deposit the proceeds from the sale thereof in the county treasury, to be paid out by the treasurer upon orders of the board from time to time as the same shall be needed. Provided, said bonds shall not be sold for less than par and accrued interest.
Added by Laws 1923, c. 138, p. 234, § 5.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-96. Rate of interest - Payment - Signatures - Recording.

Bonds issued as herein provided shall bear interest at a rate not to exceed the maximum rate provided by Section 498.1 of Title 62 of the Oklahoma Statutes, payable semiannually, and of denominations of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00) each. The entire amount shall be payable within twenty-five (25) years. They shall be signed by the chairman of the board of county commissioners, and countersigned by the county clerk. They shall be recorded by the county clerk and by the State Auditor and Inspector, both of whom shall endorse the same on the back thereof. Facsimile signatures may be used as provided by the Registered Public Obligations Act of Oklahoma.
Added by Laws 1923, c. 138, p. 234, § 6. Amended by Laws 1979, c. 30, § 15, emerg. eff. April 6, 1979; Laws 1983, c. 170, § 39, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-97. Taxes - Levy.

It shall be the duty of the officers charged by law with levying taxes for county purposes to levy annually an amount sufficient to pay the interest due each year on the bonds issued hereunder, and in addition thereto levy an amount sufficient to pay the principal as the same comes due.
Added by Laws 1923, c. 138, p. 234, § 7.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-98. Purchase of lands and buildings.

Out of the proceeds of the sale of bonds the board of county commissioners shall purchase lands or grounds for indigent care facility purposes, or erect buildings and make improvements thereon as the case may be. The board of county commissioners shall have the right to purchase the lands at private or public sale.
Added by Laws 1923, c. 138, p. 234, § 8. Amended by Laws 1994, c. 87, § 20, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-99. Persons admitted - Authority and supervision.

The board of county commissioners shall admit all indigent persons, who are legal residents of such county, to the indigent care facility, under such rules and regulations as may be prescribed by said commissioners. The board of county commissioners shall have complete authority and supervision over the facility and shall provide for managing and controlling the facility.
Added by Laws 1923, c. 138, p. 234, § 9. Amended by Laws 1994, c. 87, § 21, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-111. Erection of buildings - Care of patients.

The board of county commissioners of the counties throughout the state shall have power to erect buildings upon land occupied by county indigent care facilities for the isolation and treatment of all indigent persons who are afflicted with an illness or disease which makes it necessary that these measures be taken, and that the patients may, if the building is erected, be cared for out of the indigent care budget of the county of which the patients are residents.
Added by Laws 1923, c. 39, p. 52, § 1. Amended by Laws 1994, c. 87, § 22, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-112. Supervision of treatment of patients.

The board of county commissioners shall provide for and supervise the treatment of said patients residing in the indigent care facility in a manner provided by law and under such restrictions as the board of county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.
Added by Laws 1923, c. 39, p. 52, § 2. Amended by Laws 1994, c. 87, § 23, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-114. Employment of nurses, etc.

The board of county commissioners shall be authorized to employ a suitable person or persons to care for such patients and quarters, upon such terms and conditions as provided by law, and under such restrictions as the board of county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.
Added by Laws 1923, c. 39, p. 52, § 4. Amended by Laws 1994, c. 87, § 24, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-121. When commissioners may sell.

The board of county commissioners of any county of this state is hereby authorized and empowered to sell and convey any real estate deeded to or held by such county for the purpose of indigent care facilities, when in the opinion of the board of commissioners such real estate is not needed, is unsuitable or inconvenient for such purposes. Such sale shall be in the manner hereinafter provided.
Added by Laws 1910-11, c. 75, p. 172, § 1. Amended by Laws 1994, c. 87, § 25, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-122. Resolution of county commissioners - Appraisement.

Before any such sale or conveyance shall be made, the board of county commissioners, in regular or special session, shall adopt a resolution declaring that said real estate is not needed for indigent care facility purposes, or is unsuitable or inconvenient for such purpose, or that other or more suitable or convenient real property within the county is obtainable at a fair and reasonable value. The resolution shall be published with other proceedings of the board, and a copy of the resolution shall be certified by the county clerk to the judge of the district court of such county. The judge shall determine whether such sale is in the best interest of the county. The judge shall order and direct the board to sell the real estate, as hereinafter provided, and he or she shall appoint three disinterested freeholders of the county to appraise the real estate. The appraisal is to be returned by the appraisers to the board of county commissioners.
Added by Laws 1910-11, c. 75, p. 172, § 2. Amended by Laws 1994, c. 87, § 26, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-123. Publication of notice.

Upon the return of the appraisement as provided for in Section 2 of this act, the board of county commissioners shall give notice of such sale by publication in some newspaper of general circulation in the county for a period of thirty (30) days.
Added by Laws 1910-11, c. 75, p. 172, § 3.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-124. Procedure - Bids - Report to district judge.

Bids for said real estate shall be in writing, sealed and delivered to the county clerk of such county and by him preserved unopened, until the next regular meeting of the board of county commissioners, at which time said board shall open such bids and award the said real estate to the highest and best bidder for the same and file a report of such sale with the judge of the district court for approval and confirmation; provided that such real estate shall not be sold for less than ninety percent (90%) of its appraised value, and the board of county commissioners shall have the power to reject any and all bids.
Added by Laws 1910-11, c. 75, p. 173, § 4.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-125. Deeds - Order for execution - Signing, acknowledging and attesting - Prima facie evidence.

If such sale be by the judge of the district court approved and confirmed, he shall direct and order the chairman of the board of county commissioners to execute a deed to the purchaser thereof, which shall be signed and acknowledged by the chairman of said board, and attested by the county clerk, which deed shall recite the several steps and proceeding had in such sale, and such recitals shall be prima facie evidence of the truth of the same.
Added by Laws 1910-11, c. 75, p. 173, § 5.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-126. Proceeds - Disposition.

Proceeds derived by a county from any sale of real estate deeded to it or held by it for use as indigent care facilities shall be credited to the county's building fund.
Added by Laws 1910-11, c. 75, p. 173, § 6. Amended by Laws 1969, c. 25, § 1, eff. Feb. 17, 1969; Laws 1994, c. 87, § 27, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-127. Authorization to use or lease realty held for indigent care facilities - Sales not restricted.

The board of county commissioners of any county in this state is hereby authorized and empowered to hold, own, or use for any other lawful county purpose, or lease for any other lawful purpose, any real estate deeded to or held by such county for the purpose of county indigent care facilities, when, in the opinion of the board of county commissioners, such real estate is not needed, is unsuitable, or inconvenient for the purpose of an indigent care facility; provided that nothing contained in this section shall prevent the said county from selling the said property as provided by law, and the power to hold, own, or use said property for any lawful county purpose, or lease said property for any lawful purpose, shall be in addition to the power to sell said property as provided in Sections 121 through 126 of this title.
Added by Laws 1959, p. 92, § 1. Amended by Laws 1971, c. 235, § 1, emerg. eff. June 12, 1971; Laws 1994, c. 87, § 28, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-128. Resolution.

Before any real estate deeded to or held by any such county for the purpose of county indigent care facilities shall be held, owned, or used for any other lawful county purpose, or leased for any other lawful purpose, the board of county commissioners in regular or special session shall adopt a resolution declaring that said real estate is not needed for county indigent care facility purposes, or is unsuitable or inconvenient for such purposes, or that other or more suitable or convenient real property within the county is obtainable at a fair and reasonable value, such resolution to be published with other proceedings of the county commissioners.
Added by Laws 1959, p. 92, § 2. Amended by Laws 1971, c. 235, § 2, emerg. eff. June 12, 1971; Laws 1994, c. 87, § 29, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-142. Amount of allowance.

The allowance to each of such women shall not exceed Ten Dollars ($10.00) a month when she has but one child under the age of fourteen (14) years, and if she has more than one child under the age of fourteen (14) years, it shall not exceed the sum of Ten Dollars ($10.00) a month for the first child and Five Dollars ($5.00) a month for each of the other children under the age of fourteen (14) years.
Added by Laws 1915, c. 183, § 2.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-143. Conditions of allowance.

Such allowance shall be made by the county court and only upon the following conditions:
(1) The child or children for whose benefit the allowance is made must be living with the mother of such child or children; (2) The allowance shall be made only when in the absence of such allowance the mother would be required to work regularly away from her home and children, and when by means of such allowance she will be able to remain at home with her children; (3) The mother must, in the judgment of the county court, be a proper person, morally, physically and mentally, for the bringing up of her children; (4) Such allowance shall, in the judgment of the court, be necessary to save the child or children from neglect; (5) No person shall receive the benefit of this act who shall not have been a resident of the county in which such application is made for at least one (1) year next before the making of such application for such allowance.
Added by Laws 1915, c. 183, § 3. Amended by Laws 1921, c. 19, p. 26, § 1.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-144. Termination or modification of allowance.

Whenever any child shall reach the age of fourteen (14) years any allowance made to the mother of such child for the benefit of such child shall cease. The county court may, at its discretion, at any time before such child reaches the age of fourteen (14) years, discontinue or modify the allowance to any mother and for any child.
Added by Laws 1915, c. 183, § 4.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-146. Class of widows entitled.

The provisions of this law shall not apply to any woman whose husband is not dead or who is not confined in the Oklahoma State Penitentiary or other prison in this state, or is in a state institution for the insane in this state, and in the two latter cases it shall not apply unless such prisoner is the lawful husband of the woman seeking such allowance.
Added by Laws 1915, c. 183, § 6.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-147. Unlawful procurement - Penalty for attempt.

Any person procuring or attempting to procure any allowance for a person not entitled thereto shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period of not more than one (1) year, or by both such fine and imprisonment.
Added by Laws 1915, c. 183, § 7.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-148. Judgments for allowance - Citizens may petition rehearing.

In each case where an allowance is made to any woman under the provisions of this act, a judgment entry to that effect shall be entered upon the records of the county court making such allowance, and it shall be the right of any taxpaying citizen at any time to file a motion to set aside such judgment; and on such motion the county court, or the court to whom such motion may be taken on a change of venue, shall hear evidence, either with or without a jury, as either side may demand, and may make a new order granting or refusing such allowance, and from such order so made an appeal shall lie as in ordinary civil cases. If the judgment making such allowance is not appealed from, or is affirmed on appeal, the person filing such motion shall pay all the costs of such motion and the proceedings subsequent thereto. Such motion may be renewed from time to time, but not oftener than once in any calendar year.
Added by Laws 1915, c. 183, § 8.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-161. Definitions.

(a) When used herein, the term "State Department" shall mean the State Department of Public Welfare;
(b) The term "Commission" shall mean the Oklahoma Public Welfare Commission;
(c) The term "county board" shall mean the county board of public welfare;
(d) The term "Director" shall mean the Director of Public Welfare;
(e) The term "applicant" shall mean a person who has applied for assistance under this act;
(f) The term "recipient" shall mean any person who is receiving assistance under the terms of this act;
(g) The term "assistance" shall mean money payments to, medical care in behalf of, or any other kind of benefit to or for recipients who receive aid under the provisions of this act.
(h) The singular shall include the plural and the masculine shall include the feminine;
(i) The term "county department" shall mean the county board of public welfare, a county director of public welfare and such other personnel as may be necessary for the efficient performance of the duties of the county department;
(j) The term "Department" shall mean the State Department of Public Welfare and the county department of public welfare.
Added by State Question No. 226, Initiative Petition No. 155, § 1, adopted July 7, 1936. Amended by Laws 1939, p. 85, § 1, emerg. eff. May 9, 1939; Laws 1951, p. 156, § 1, emerg. eff. June 1, 1951.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-162.1. Additional names for Department of Public Welfare, Welfare Commission and Director.

(a) The Department of Public Welfare shall also be known as, and may perform official acts and transact official business in the name of, Department of Human Services.
(b) The Oklahoma Public Welfare Commission shall also be known as, and may perform official acts and transact official business in the name of, the Commission for Human Services.
(c) The Director of Public Welfare shall also be known as, and may perform official acts and transact official business in the name of, the Director of Human Services.
Added by Laws 1968, p. 816, H.J.R. No. 561, § 1, emerg. eff. April 15, 1968. Amended by Laws 1980, S.J.R. No. 46, § 1, emerg. eff. Feb. 6, 1980.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-162.1a. Additional names for Department of Human Services and Director of Human Services.

Whenever the name of Department of Institutions, Social and Rehabilitative Services appears in any law contract or other document it shall be deemed to refer to the Department of Human Services. Whenever the name of the Commission for Institutions, Social and Rehabilitative Services, or Director of Institutions, Social and Rehabilitative Services appears in any law, contract or other document, it shall be deemed to refer to the Director of Human Services.
Added by Laws 1980, S.J.R. No. 46, § 2, emerg. eff. Feb. 6, 1980. Amended by Laws 2012, c. 344, § 2, eff. Nov. 7, 2012.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-162.2. Campus police and juvenile officers - Appointment - Powers.

The Department of Human Services shall have the authority to appoint campus police for institutions, county office buildings and any other buildings and their adjacent grounds under the jurisdiction of the Department, in the same manner and with the same powers as campus police appointed by governing boards of state institutions for higher education under the provisions of Sections 360.11 through 360.14 of Title 74 of the Oklahoma Statutes. The Department may also appoint and commission juvenile officers to assist it in maintaining custody of children committed to the Department, and in making investigations and in prosecuting court proceedings under the provisions of Sections 233 through 236 of this title, relating to child support enforcement. Such officers shall have the powers of peace officers, including the authority to serve and execute process, bench warrants and other court orders in cases in which the Department is a party or a participant. Each juvenile officer shall be required to execute a bond in such form and amount as may be approved by the Department, the cost thereof to be paid by the Department.
Added by Laws 1971, c. 124, § 1, emerg. eff. May 4, 1971. Amended by Laws 1985, c. 68, § 1, emerg. eff. May 16, 1985; Laws 1988, c. 326, § 9, emerg. eff. July 13, 1988; Laws 1993, c. 330, § 23, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-162.4. Peace officers for Commission.

The Director of the Department of Human Services shall have the authority to commission certified employees within the Office of the Inspector General of the Department as peace officers. The authority of employees so commissioned shall include the authority to investigate crimes committed against the Department or crimes committed in the course of any program administered by the Department and the authority to investigate cases of Medicaid recipient fraud. Employees so commissioned shall also have the authority to serve and execute process, bench warrants and other court orders in any judicial or administrative proceeding in which the Department is a party or participant. Use and possession of firearms shall be at the discretion of the Director of the Department of Human Services, for the fraud unit only. To become qualified as peace officers for the commission, employees shall first obtain a certificate as provided for in Section 3311 of Title 70 of the Oklahoma Statutes.
Added by Laws 1993, c. 272, § 1, emerg. eff. May 27, 1993. Amended by Laws 2011, c. 134, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-162.5. Institutional Maintenance and Construction Unit and Architecture and Engineering Planning Unit - Authority to contract with Oklahoma Medical Center.

The Institutional Maintenance and Construction Unit and the Architecture and Engineering Planning Unit of the Department of Human Services, or its successors, shall have authority to submit bids and enter into contracts with and to perform services for the Oklahoma Medical Center for construction and remodeling projects that fall within the scope of services of the Unit or its successors.
Added by Laws 1997, c. 174, § 7, emerg. eff. May 8, 1997.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-163. County boards - Appointment - Duties.

The Commission may appoint in each county a county board consisting of either three, five, or seven members, the majority of whom shall constitute a quorum. These members shall serve without salary at the pleasure of the Commission. No candidate for office nor any elective officer shall serve as a member of the county board. Members of the Legislature and any elective official of the State of Oklahoma shall be disqualified to recommend for appointment any member of the county board.
It shall be the duty of the county departments to:
(a) Administer the provision of this act within their respective counties, subject to the rules and regulations prescribed by the Commission pursuant to the provisions of this act;
(b) Report to the Commission at such times and in such manner and form as the Commission may from time to time direct.
Added by State Question No. 226, Initiative Petition No. 155, § 3, adopted July 7, 1936. Amended by Laws 1939, p. 87, § 3, emerg. eff. May 9, 1939; Laws 1947, p. 342, § 1, emerg. eff. May 23, 1947.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-163.1. Satellite meal sites.

The Department of Human Services shall authorize the establishment of local satellite meal sites for the purpose of encouraging older Oklahomans to congregate in order to eat meals prepared at another location and delivered to the local satellite meal site.
The Department of Human Services with the cooperation of the State Fire Marshal and the Oklahoma State Department of Health shall adopt and promulgate standards for the establishment of such satellite meal sites so as to comply with any applicable fire and health code based on occupancy and use of the site. It is the intention of the Legislature that such standards shall be adequate to protect the health and safety of the persons congregating at satellite meal sites but also which will authorize and allow the establishment of the satellite meal sites by the Department, and which will encourage the use of the satellite meal sites for meal delivery services to older Oklahomans.
Added by Laws 1992, c. 277, § 10, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-163.2. Josephine Meade Anti-Hunger Act.

This section and Sections 2 and 3 of this act shall be known and may be cited as the "Josephine Meade Anti-Hunger Act".
Added by Laws 2013, c. 339, § 1, emerg. eff. May 29, 2013.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-163.3. Leftover food – Prevention of waste.

The Department of Human Services shall promulgate rules authorizing the patrons of senior nutrition project sites to take home leftover food. The Department may also seek ways to receive for distribution to patrons donated packaged or nonperishable food as well as natural fresh foods such as fruits and vegetables with no requirements for sites to provide overnight storage.
The State Department of Education shall promulgate rules to prevent food waste in public school cafeterias and shall develop policies for redistributing leftover foods to students in need. The Department may seek ways to receive for distribution to needy students packaged or nonperishable food as well as natural fresh foods such as fruits and vegetables with no requirements for school cafeterias to provide overnight storage.
Added by Laws 2013, c. 339, § 2, emerg. eff. May 29, 2013.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-166. Application for assistance.

Application for assistance under this act shall be made to the county department of the county in which the applicant resides. The application shall be in writing, signed by the applicant or legal guardian and shall be in a manner and upon the form prescribed by the State Department.
Added by State Question No. 226, Initiative Petition No. 155, § 6, adopted July 7, 1936. Amended by Laws 1939, p. 89, § 6, emerg. eff. May 9, 1939.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-166.1. Application for assistance resulting from birth of child.

Any person who makes application with the Department of Human Services for medical assistance resulting from the birth of any child shall provide the name of the person or persons legally responsible for the support of such child prior to receipt of any such medical assistance.
Added by Laws 1994, c. 356, § 18, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-166.2. Concurrent applications by active duty military members.

If a person who is on active duty with the United States Armed Forces makes an application to the Department of Human Services to receive any type of state or federal assistance, either for himself or herself or for an immediate family member, and the person has previously made the same or a substantially similar application in another state which was pending at the time the person became a resident of this state, the Department shall consider the application as if it had been made in this state at the time it was originally made in the other state.
Added by Laws 2015, c. 66, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-167. Investigation of applications.

The Department shall promptly investigate all applications for assistance, and shall determine whether the applicant is eligible for assistance under the provisions of this act, the amount of assistance, if any, and the date such assistance shall begin. The applicant shall be notified in writing of the decision.
Added by State Question No. 226, Initiative Petition No. 155, § 7, adopted July 7, 1936. Amended by Laws 1939, p. 90, § 7, emerg. eff. May 9, 1939.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-167.1. Request for financial records - Consent.

The Department of Human Services, with the written consent of the client, may request a copy of the financial records or any other records specified in said written consent from a financial institution or other agency regulated by federal or state law. The request shall be for the purpose of investigating the eligibility of the client for assistance or service from the Department. Said financial institution or agency shall furnish said records at no cost to the client or the Department. If the client refuses to sign said written consent, then the Department shall refuse the client assistance or service.
Added by Laws 1984, c. 84, § 1, emerg. eff. April 4, 1984.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-168. Appeal by applicant - Procedure - Review.

A. Any applicant or recipient adversely affected by a decision of the Department of Human Services on benefits or services provided pursuant to the provisions of this title, shall be afforded an opportunity for a hearing pursuant to the provisions of subsection B of this section after such applicant or recipient has been notified of the adverse decision of the Department.
B. 1. Upon timely receipt of a request for a hearing as specified in the notice of adverse decision, the Department shall hold a hearing pursuant to the provisions of Section 310 of Title 75 of the Oklahoma Statutes.
2. The record of the hearing shall include but shall not be limited to:
a.
all pleadings, motions, and intermediate rulings,
b.
evidence received or considered,
c.
any decision, opinion, or report by the officer presiding at the hearing, and
d.
all staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.
3. Oral proceedings shall be electronically recorded by the Department. Any party may request a copy of the tape recording of their administrative hearing or may request a transcription of the tape recording to comply with any federal or state law.
4. The decision issued pursuant to this subsection shall be the final decision of the Department unless appealed pursuant to subsection C of this section.
C. Any decision of the Department after such a hearing pursuant to subsection B of this section shall be subject to review by the Director of Human Services or a designee of the Director upon a timely request for review by the applicant, recipient or Department staff. The Director or a designee of the Director shall issue a decision after review or may refer review of the hearing decision to the Commission for Human Services. The referral shall be based on criteria established by the Commission. The decision of the Director or a designee of the Director shall be final unless appealed as provided by the provisions of subsection D of this section.
D. Any applicant or recipient under this title aggrieved by a decision of the Director or a designee of the Director rendered pursuant to this section may petition the district court in which the applicant or recipient resides for a judicial review of the decision pursuant to the provisions of Sections 318 through 323 of Title 75 of the Oklahoma Statutes. A copy of the petition shall be served by mail upon the General Counsel of the Department.
Added by State Question No. 226, Initiative Petition No. 155, § 8, adopted July 7, 1936. Amended by Laws 1939, p. 90, § 8, emerg. eff. May 9, 1939; Laws 1985, c. 11, § 1, eff. Nov. 1, 1985; Laws 1993, c. 7, § 1, eff. July 1, 1993; Laws 1994, c. 233, § 1, eff. Sept. 1, 1994; Laws 1995, c. 170, § 1, emerg. eff. May 8, 1995; Laws 2001, c. 415, § 17, emerg. eff. June 5, 2001; Laws 2012, c. 253, § 3, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-169. Reinvestigation of assistance grants.

All assistance grants made under this act shall be reinvestigated by the Department as frequently as may be required by the Commission. In all cases, the Department shall have the power to modify or revoke its former grant. The same right of hearing shall be accorded an aggrieved recipient as provided in Section 8 thereof. Provided, that on and after June 1st, 1957, it shall be the duty of the Oklahoma Public Welfare Commission in conformity with the Federal Social Security Laws and in regard to funds available to revise and liberalize the budget as now used in ascertaining the need of any person eligible to receive old age assistance, and in so doing the increased cost of living and condition of health shall be given due consideration (and excepting earned and/or inconsequential resources and casual irregular or unpredictable wages or salary in an amount of an average of $50.00 or a greater amount per month). Provided further, that the Commission shall immediately direct the reinvestigation and revision of the budget of each and every recipient and the payment of assistance thereafter shall be made on such basis.
Added by State Question No. 226, Initiative Petition No. 155, § 9, adopted July 7, 1936. Amended by Laws 1939, p. 90, § 9, emerg. eff. May 9, 1939; Laws 1945, p. 181, § 2, emerg. eff. May 7, 1945; Laws 1957, p. 457, § 2, emerg. eff. April 9, 1957.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-172. Assistance to incompetent to be paid to guardian.

A grant of assistance to any recipient of Old-Age Assistance or Aid to the Blind, found to be incompetent, may be paid to a guardian appointed by a court of competent jurisdiction.
Added by State Question No. 226, Initiative Petition No. 155, § 12, adopted July 7, 1936. Amended by Laws 1939, p. 91, § 11, emerg. eff. May 9, 1939.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-173. Assistance inalienable.

All rights to assistance under this act shall be inalienable by any assignment, sale or transfer; and said assistance shall not be subject to execution, attachment, garnishment or other process, and in the case of bankruptcy, the assistance shall not pass to or through any trustee or any other person acting on behalf of creditors. Any contract or transfer or assignment or sale made contrary to the provisions of this act shall be void.
Added by State Question No. 226, Initiative Petition No. 155, § 13, adopted July 7, 1936.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-174. Change of residence.

Any recipient who moves to another county in this state shall be entitled to receive assistance in the county in which he has moved and the county department of the county from which he has moved shall transfer with due dispatch all necessary records relating to the recipient to the county department of the county to which he has moved.
Added by State Question No. 226, Initiative Petition No. 155, § 14, adopted July 7, 1936. Amended by Laws 1939, p. 91, § 12, emerg. eff. May 9, 1939.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-175. Assistance to crippled children.

It shall be the duty of the county department in the several respective counties in accordance with the rules and regulations of the Commission to take the initiative in ascertaining the need for assistance of persons eligible for assistance under the provisions of subsection (c) of Section 164 of this title and report in writing on forms furnished by the Department its recommendations showing the nature of the need for assistance, the kind and amount of assistance needed in each case. The Department shall have authority to enter into agreements with physicians, nurses, hospitals, agencies and individuals for the purpose of carrying into effect the provisions of subsection (c) of Section 164 of this title. All claims approved for payment under this section shall be drawn against the Human Services Medical and Assistance Fund and paid in the same manner as other expenditures.
Added by State Question No. 226, Initiative Petition No. 155, § 15, adopted July 7, 1936. Amended by Laws 1939, p. 91, § 13, emerg. eff. May 9, 1939; Laws 1943, p. 129, § 1, emerg. eff. April 12, 1943; Laws 1988, c. 326, § 11, emerg. eff. July 13, 1988.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-176. Homeless and neglected children.

The Commission is authorized to set up a division for the protection and care of homeless, dependent and neglected children, and children in danger of becoming delinquent and to provide an adequate child welfare service to accomplish the purposes herein set forth.
Added by State Question No. 226, Initiative Petition No. 155, § 16, adopted July 7, 1936. Amended by Laws 1939, p. 92, § 14, emerg. eff. May 9, 1939; Laws 1988, c. 326, § 12, emerg. eff. July 13, 1988.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-176.1. Investigation or study involving custody, placement or adoption of children - Fee.

If the district court requests or orders the Department of Human Services to perform any investigation or study involving the custody, placement, adoption, or other pertinent matter, with regard to a child or children with whom the Department is not otherwise involved, the Department may charge a reasonable sliding scale fee, subject to standards promulgated by the Commission for Human Services. The court shall specify the party or parties responsible for payment of such a fee. Failure to obey the order to pay the fee may be punished as contempt. The Department may also recover the fee as is provided by law for the recovery of a debt. The investigation, or study filed with the court, is subject to the sovereign immunity of the state and its employees.
Added by Laws 1986, c. 247, § 25, operative July 1, 1986.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-177. Assent to provisions of federal law.

The Commission shall have the authority to accept grants from the federal government of money or services for the purpose of augmenting assistance granted hereunder or to reimburse the state for assistance granted hereunder and to conform to the requirements of any federal agency or agencies governing said federal grants in any manner not inconsistent with the constitution and laws of the State of Oklahoma.
The Commission shall have the authority to make apportionments in advance of funds under its control in accordance with the requirements of the federal government where such funds are to be matched in whole or in part by federal funds.
Added by State Question No. 226, Initiative Petition No. 155, § 17, adopted July 7, 1936.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-182. Charging fees for representing applicant prohibited.

It shall be unlawful for any person to charge or receive any fee for representing an applicant for or recipient of assistance under the provisions of this act, except as to criminal proceedings brought against an applicant or recipient under the penal provisions of this act, with respect to any application or proceedings before the Department or the Commission, whether such fee or charge be paid by the applicant or recipient or any other person.
Added by State Question No. 226, Initiative Petition No. 155, § 23, adopted July 7, 1936. Amended by Laws 1939, p. 92, § 15, emerg. eff. May 9, 1939.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-183. Confidentiality of applications, information and records – Misuse of information.

A. This section shall be known and may be cited as “Kelley’s Law”.
B. All applications, information and records concerning any applicant or recipient obtained pursuant to law or as authorized by law by the Department of Human Services or any other public or private entity shall be confidential and shall be open to inspection only:
1. To persons duly authorized by the Department of Human Services pursuant to rule promulgated in compliance with Article I of the Administrative Procedures Act or by the United States in connection with the performance of their official duties; or
2. As otherwise authorized by law.
Provided, however, the Department of Human Services shall maintain a process to allow an authorized representative of a client of the Department of Human Services to have access to confidential information when necessary for eligibility determination and the appeals process. For purposes of this section, “authorized representative” shall mean any person designated by a client of the Department of Human Services to review confidential information about the client pertinent to eligibility determination and the appeals process.
C. The Developmental Disabilities Services Division of the Department of Human Services shall require all authorized persons accessing service recipient information within a home record to sign a form certifying that they have been informed and understand the penalties for misuse of confidential and protected information within the home record. The form shall include criminal penalties related to identity theft.
D. It shall be unlawful and a misdemeanor for any public officer or employee, to furnish or permit to be taken off of the records any information therein contained for commercial or political purposes.
E. It shall also be a felony, punishable by imprisonment in the custody of the Department of Corrections for not to exceed two (2) years, for any person, firm or corporation to publish, or to use for commercial or political purposes, any list or names obtained through access to such information or records.
Added by State Question No. 226, Initiative Petition No. 155, § 24, adopted July 7, 1936. Amended by Laws 1939, p. 92, § 16, emerg. eff. May 9, 1939; Laws 1951, p. 159, § 6, emerg. eff. June 1, 1951; Laws 1953, p. 504, § 1, emerg. eff. June 4, 1953; Laws 1967, c. 85, § 1, emerg. eff. April 18, 1967; Laws 1979, c. 30, § 16, emerg. eff. April 6, 1979; Laws 1994, c. 16, § 1, eff. Sept. 1, 1994; Laws 1995, c. 170, § 2, emerg. eff. May 8, 1995; Laws 1997, c. 133, § 498, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 363, eff. July 1, 1999; Laws 2010, c. 88, § 1, eff. Nov. 1, 2010.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 498 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-188. Provisions severable.

The provisions of this act are severable, and if any section, paragraph, sentence or provision hereof be held to be void by any court of competent jurisdiction, the decision of the court shall not affect the validity of this act as a whole, or any part thereof, other than the portion so held to be invalid.
Added by State Question No. 226, Initiative Petition No. 155, § 29, adopted July 7, 1936.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-189b. Partial invalidity.

The provisions of this act are severable, and if any section, paragraph, sentence or provision hereof be held to be void by any court of competent jurisdiction, the decision of the court shall not effect the validity of this act as a whole, or any part thereof, other than the portion so held to be invalid.
Added by Laws 1939, p. 93, § 18, emerg. eff. May 9, 1939.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-190. Payment of checks or vouchers to recipients of assistance, relief or welfare, upon death of the beneficiary after issuance.

Whenever any qualified recipient or beneficiary of old-age assistance, aid to the blind, or aid to the permanently and totally disabled, or of other relief or welfare, under the laws of the State of Oklahoma, shall have died after the issuance of assistance checks or vouchers to him, or on or after the due date of said checks or vouchers and before the same is endorsed or presented for payment by the recipient or beneficiary, the judge of the district court of the county in which said recipient resided at the time of his death shall by the filing of an affidavit by one of the next of kin or next friend of said deceased recipient make an order authorizing and directing such next of kin or next friend, or some other reputable person, to endorse said checks or vouchers which shall be paid upon presentation, and it shall not be necessary that an administrator be appointed for the estate of said decedent in order to collect said checks or vouchers. No costs shall be charged in said proceedings. This act shall apply to checks and vouchers heretofore issued as well as to those hereafter issued.
Added by Laws 1937, p. 7, § 1. Amended by Laws 1953, p. 231, § 1; Laws 1957, p. 457, § 1; Laws 1961, p. 438, § 1.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-191. Contents of affidavit.

Such affidavit filed by one of the next of kin or next friend shall state the name of the recipient, the date of his death, and the amount and number of such assistance checks or vouchers.
Added by Laws 1937, p. 8, § 2, emerg. eff. May 22, 1937. Amended by Laws 1961, p. 438, § 2.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-192. Exemption from costs in guardianship cases.

No costs shall be charged whatsoever either by the court clerk or by the county judge of the district court in cases involving the guardianship of persons who are applicants for, or who are receiving Social Security benefits or assistance or veterans disability compensation or pension.
Added by Laws 1937, p. 7, § 1, emerg. eff. May 22, 1937. Amended by Laws 2019, c. 23, § 11, emerg. eff. April 4, 2019.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-193. Release of liens - Filing.

The Director of the State Department of Public Welfare is hereby authorized to execute a written release, in such form as may be required to meet the recording laws of the State of Oklahoma, of any liens now held or which may be obtained, as provided by law, when such liens have been paid or otherwise satisfied, as provided by law and in accordance with the rules and regulations of the Oklahoma Public Welfare Commission. Any such releases shall be filed and indexed in the Mechanic's Lien Docket, where such lien is required to be filed, in the office of the court clerk in the county where the property involved is located.
Added by Laws 1959, p. 221, § 1, emerg. eff. April 15, 1959.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-195. Increase of grants.

The Oklahoma Department of Public Welfare is hereby authorized and directed, subject to the approval of the Oklahoma Public Welfare Commission, to increase grants in the old-age assistance category, aid to blind category, and aid to permanently and totally disabled category when, in its judgment, sufficient funds are accumulated to maintain a one month's surplus in each of the accounts of the department and when sufficient funds are available to maintain the increase for a biennium, in order to guarantee a continuity of dependable payments to the recipients of public assistance.
Added by Laws 1961, p. 728, § 2, emerg. eff. March 22, 1961.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-198.9. Increase in assistance payments.

The Oklahoma Public Welfare Commission shall cause, at as early a date as practicable and not later than April 1, 1975, the Schedule of Standard Money Payments for Assistance Plans in the categories of needy aged persons, aid to families with dependent children, needy blind persons and needy totally and permanently disabled persons, to be raised Seven Dollars ($7.00) per person per month subject to a finding by the Commission that the increase will not cause a reduction in services or benefits under any program administered by the Department of Institutions, Social and Rehabilitative Services.
Added by Laws 1975, p. 738, H.J.R. No. 1012, § 1, emerg. eff. March 14, 1975.
2023 Oklahoma Statutes › Title 56. Poor Persons › §56-198.10. Increase in assistance payments.

The Oklahoma Public Welfare Commission shall cause, at as early a date as practicable and not later than April 1, 1976, the Schedule of Standard Money Payments for Assistance Plans in the categories of needy aged persons, aid to families with dependent children, needy blind persons and needy totally and permanently disabled persons to be raised Five Dollars ($5.00) per person per month subject to a finding by the Commission that the increase will not cause a reduction in services or benefits under any program administered by the Department of Institutions, Social and Rehabilitative Services.
Added by Laws 1976, p. 598, H.J.R. No. 1043, § 1, emerg. eff. March 4, 1976.