reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-70 - Hearing continuance, withdrawal, and dismissal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Continuance of hearing.
(1) At any point after setting a case for
				  hearing, the administrative hearing officer (AHO) may determine additional
				  evidence is needed before a final decision can be made. If so, the AHO may
				  continue the hearing and direct the parties to take whatever action the AHO
				  deems necessary. The AHO may set time limits for the actions.
(2) If the AHO is informed in advance of a
				  hearing that the client, authorized representative, or local office
				  representative cannot participate in the hearing at the scheduled time, the AHO
				  continues the hearing when good cause exists for the person's absence. The AHO
				  may require whatever proof of good cause that is deemed necessary.
(3) Clients who are appealing an action in
				  the Supplemental Nutrition Assistance Program are entitled to one hearing
				  continuance of up to 30 days, for which good cause need not be shown.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-71 - Presence of Oklahoma Department of Human Services (DHS) employees or DHS records at hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				  administrative hearing officer (AHO), at the request of a client, authorized
				  representative, or on his or her own motion, may require the presence at a
				  hearing of:
(1) a DHS employee;
(2) DHS records; and
(3) other DHS evidence .
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-72 - Hearing issue, standard of review, and burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearing issue.
The issue
				  determined through the hearing process is whether the Oklahoma Department of
				  Human Services (DHS) acted correctly in taking the action, or failed to act,
				  which is the subject of the client's request for hearing.
(b)
Standard of review.
The
				  administrative hearing officer (AHO) determines the relevant facts and applies
				  the law to those facts. No presumptions are made for or against DHS concerning
				  the validity of the factual or legal basis for the action, or inaction, which
				  is the subject matter of the hearing.
(c)
Standard of proof.
(1) The standard of proof necessary to prove
				  a fact is governed by state and federal law and regulations applicable to the
				  subject matter of the hearing.
(2)
				  If such law and regulations are silent, the standard of proof is a
				  preponderance of the evidence. A preponderance of the evidence is evidence
				  that, in light of the record as a whole, leads the AHO to believe a fact is
				  more likely true than not true.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-73 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearings.
All hearings scheduled by the Appeals Unit are conducted
				  by an administrative hearing officer (AHO), who:
(1) administers oaths;
(2) regulates and conducts the hearing in an
				  orderly manner;
(3) ensures all
				  relevant issues are considered;
(4)
				  rules on the admissibility of evidence;
(5) at his or her discretion, requests
				  written comments be submitted;
(6)
				  if necessary for a client's case to be adequately presented, assists a client
				  to present his or her case; and
(7)
				  takes such action as the AHO deems necessary to reach a proper disposition of
				  the case.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-74 - Evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1) Formal rules of
				  evidence are not observed.
(2)
				  Evidence is admitted when it is the type of evidence upon which reasonable
				  persons are accustomed to rely on in the conduct of serious affairs.
(3) Evidence reasonably construed as relevant
				  and not otherwise unduly repetitious is admitted. Evidence that is irrelevant
				  or unduly repetitious may be excluded.
(4) The fact that evidence is admitted does
				  not limit the authority of an administrative hearing officer (AHO) in
				  determining the appropriate weight given such evidence.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-75 - Reopened hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) If, following a
				  hearing at which a decision was not pronounced, the administrative hearing
				  officer (AHO) determines the evidence presented in the hearing was so
				  inadequate that a decision cannot be made, the hearing is reopened and further
				  information requested.
(1) When it is
				  necessary to reopen a hearing, the AHO sends the client, authorized
				  representative, and the local office a letter clearly stating:
(A) what evidence is to be
				  submitted;
(B) who submits the
				  evidence;
(C) a deadline for
				  submission;
(D) the manner in which
				  the evidence is submitted; and
(E)
				  the deadline for the opposing party to submit comments regarding the evidence
				  or to request the hearing be reconvened.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-76 - Hearing decision

Current through Vol. 41, No. 20, July 1, 2024
(a)
The
				  Appeals Committee.
(1) The Appeals
				  Committee makes the hearing decision.
(2) No member of the Appeals Committee may
				  obtain information about the case from outside the hearing record.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-77 - Action by local office following receipt of decision

Current through Vol. 41, No. 20, July 1, 2024
Immediately following receipt of the copy of the Appeals
					 Committee decision the local office takes whatever action is indicated in the
					 decision. Appropriate action must be initiated within ten calendar days of
					 receipt of the decision.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-78 - Administrative disqualification hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Administrative disqualification hearings.
An administrative
				  disqualification hearing is initiated by the Oklahoma Department of Human
				  Services (DHS) when the facts of the individual Supplemental Nutrition
				  Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF)
				  case indicate an intentional program violation may have occurred.
(b)
Definition of intentional program
				  violation.
(1) SNAP. An intentional
				  program violation consists of a client intentionally:
(A) making a false or misleading
				  statement;
(B) misrepresenting,
				  concealing, or withholding facts; or
(C) committing any act that constitutes a
				  violation of the Food Stamp Act; SNAP regulations; or Oklahoma laws or
				  regulations relating to the use, presentation, transfer, acquisition, receipt,
				  or possession of food stamp coupons, authorization to participate (ATP)
				  document, or electronic benefit transfer (EBT) cards.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-79 - Telephonic hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Telephonic hearings.
(1) The
				  Appeals Unit supervisor or the administrative hearing officer (AHO) may
				  designate a hearing be conducted by the AHO by telephone.
(2) When a hearing is conducted by an AHO
				  in-person, the AHO may allow a witness, including the client or an Oklahoma
				  Department of Human Services (OKDHS) employee, to testify by telephone, if the
				  AHO determines:
(A) the person's testimony is
				  needed and he or she is unable to testify in person; or
(B) requiring in-person testimony would be
				  burdensome.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-80 - Director review of administrative hearing officer (AHO) decision

Current through Vol. 41, No. 20, July 1, 2024
With the exception of administrative disqualification
					 hearings, the decision of the Appeals Committee is subject to review by the
					 Director of Human Services (Director ) or the Director's designee per Section
					 168 of
					 Title 56 of the Oklahoma Statutes.
(1)
				  Requests for review of an Appeals Committee decision may be made by a client or
				  authorized representative when a written request for review is received by DHS
				  within 30 days from the date of the Administrative Hearing Officer decision
				  letter. Benefits are not continued or reinstated during the pendency of the
				  review.
(2) Request for review of
				  an Appeals Committee decision may be made by the director of the DHS division
				  that completed the action appealed.
(A) The
				  authority to request review may be delegated when the division director is
				  unable to make the request due to absence or illness.
(B) The request must be made in writing and
				  received by the Appeals Unit or Director within 10 business days of the date of
				  the hearing decision.
(C) On
				  receipt of a request for review by the Director, the Appeals Unit immediately
				  notifies the client of the request for review, with a copy of the request
				  attached. The notice includes:
(i) a statement
				  that the client may submit documents and written comments within 10 business
				  days;
(ii) the hearing decision is
				  implemented immediately unless the client wishes to maintain the pre-hearing
				  status quo until the Director issues a decision; and
(iii) when the hearing decision has already
				  been implemented, implementation is not undone unless the client wants to
				  maintain the pre-hearing status quo until the Director issues a
				  decision.
(D) The
				  decision of the Director, or designee is issued within 10 business days of the
				  earlier of receipt of the client's comments or running of the deadline for
				  client comments.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 7 - ASSISTANCE PROGRAMS › Section 340:2-5-81 - General authority of the appeals unit supervisor and administrative hearing officer

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				  administrative hearing officer (AHO) has the authority to:
(1) alter any requirement or procedure set
				  forth in Oklahoma Administrative Code (OAC)
				  340:2-5-60 through
				  340:2-5-80
				  when necessary to provide due process to a client or give the client and the
				  Oklahoma Department of Human Services (DHS) an adequate opportunity to present
				  evidence and argument regarding issues relevant to the action being appealed.
				  However, the AHO may not take an action that violates state or federal
				  constitutions, statutes, or regulations;
(2) take appropriate action regarding any
				  situation not addressed in OAC
				  340:2-5-60 through
				  340:2-5-80;
				  and
(3) take any action necessary
				  to provide a fair process for resolution of an appeal. However, the AHO may not
				  take an action that violates the state or federal constitutions, statutes, or
				  regulations.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-90 - Legal base

Current through Vol. 41, No. 20, July 1, 2024
Section
					 7206.1 of
					 Title 10 of the Oklahoma Statutes and Title IV-E of the Social Security Act
					 provide an administrative hearing for a Department of Human Services (DHS)
					 resource family aggrieved by a DHS action, or failure to act, in any of the
					 programs listed in OAC
					 340:2-5-91.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-91 - Fair hearings conducted by the Appeals Unit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The primary purpose
				  of the fair hearing is to safeguard the rights of clients and provide recourse
				  to address infractions of individual rights and interests. Administrative fair
				  hearing may be granted to foster parents, adoptive parents, or kinship
				  guardians.
(b)
Foster
				  parents.
An administrative hearing is granted to foster parents when
				  Oklahoma Department of Human Services (OKDHS):
(1) denies the foster parent's claim for
				  foster care maintenance payments;
(2) pays foster care maintenance payments in
				  an amount lower than the amount claimed;
(3) does not pay the foster care maintenance
				  payments to the foster parent in a timely manner;
(4) closes the foster home unless the court
				  ordered the child removed from the foster home or upheld a decision removing
				  the child from the foster home;
(5)
				  does not return a child in OKDHS custody removed from the foster home due to a
				  child abuse or neglect investigation, and the foster parent:
(A) was not provided notice of the foster
				  parent's right to be heard during proceedings before the court; or
(B) received the notice, attempted to have
				  the court hear the question but was denied a right to be heard by the court
				  regarding the decision not to return the child during a hearing, and the court
				  never heard the question about whether the child should be returned;
				  or
(6) notifies the
				  foster parent of an overpayment the foster parent disputes.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-93 - Time

Current through Vol. 41, No. 20, July 1, 2024
In computing any period of time prescribed or allowed by
					 this Part, the day of the act, or event, from which the designated period of
					 time begins to run is not included. The last day of the period so computed is
					 included, unless it is a weekend, or a legal holiday as defined by the Oklahoma
					 Statutes.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-94 - Hearing request

Current through Vol. 41, No. 20, July 1, 2024
A hearing request is a written expression by a resource
					 family or authorized representative that the resource family wants to contest a
					 Department of Human Services (DHS) action, or failure to act, through the
					 hearing process. The request must be written on Form H-4, Resource Family
					 Request for Fair Hearing, and signed by the resource family or authorized
					 representative.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-95 - Appeals Unit action following receipt of a hearing request

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of
				  a hearing request, the Appeals Unit supervisor assigns the case to an
				  administrative hearing officer (AHO) who determines if:
(1) the hearing request was made timely. A
				  hearing request is considered timely if the hearing request was in writing,
				  signed by the resource family or authorized representative, and received by the
				  Department of Human Services (DHS) within 30 days of the action, or failure to
				  act, which is being appealed; and
(2) the appeal relates to an appealable
				  issue. Issues on which an appeal can be granted are described at OAC
				  340:2-5-91.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-96 - Hearing summary

Current through Vol. 41, No. 20, July 1, 2024
(a) As soon as a
				  request for a hearing is received, the child welfare worker, Children and
				  Family Services Division (CFSD) program staff responsible for the Adoption
				  Assistance Program, or Developmental Disabilities Services Division programs
				  manager, as applicable, prepares the hearing summary on Form H-1-A, Hearing
				  Summary. The areas that are covered include:
(1) the type of decision, action, or inaction
				  on the part of the local office;
(2) nature of resource family's
				  complaint;
(3) point at issue,
				  exactly what the resource family is appealing;
(4) chronological summary of pertinent events
				  and evidence leading to the action or inaction;
(5) policy including:
(A) verbatim quotations from the manual
				  regarding the policy on which the decision was based; or
(B) copies of applicable policy with the
				  pertinent portions marked;
(6) evidence and pertinent documents
				  supporting the action of the local office; and
(7) any other items required by the
				  Department of Human Services (DHS) regulations.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-97 - Communications with the administrative hearing officer (AHO)

Current through Vol. 41, No. 20, July 1, 2024
Following a hearing request, there is no contact regarding
					 the merits of the case between the AHO and a person with an interest in the
					 case unless there is notice to all parties and an opportunity to participate in
					 the communications, except:
(1) when
				  necessary to the disposition of the case;
(2) on matters of an informational or
				  procedural nature; or
(3) the AHO
				  may contact the local office in order to obtain information regarding the
				  timeliness of the hearing request or whether an appealable issue
				  exists.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-98 - Hearing continuance, withdrawal, and dismissal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Continuance of hearing.
(1)
Additional evidence.
At the
				  conclusion of a hearing, the administrative hearing officer (AHO) may determine
				  that additional evidence is needed before a final decision can be made. If so,
				  the AHO may continue the hearing and direct the parties to submit any
				  additional evidence the AHO deems necessary. The AHO may set time limits for
				  the submission.
(2)
Scheduling.
If the AHO is informed, in advance of a hearing, that
				  the resource family, authorized representative, or Department of Human Services
				  (DHS) needs a continuance, the AHO continues the hearing if good cause is
				  shown.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-99 - Presence of Department of Human Services (DHS) employees or DHS records at hearings

Current through Vol. 41, No. 20, July 1, 2024
An administrative hearing officer (AHO) does not have the
					 authority to issue subpoenas for the presence of witnesses or production of
					 evidence at hearings.
(1) An AHO, at
				  the request of a resource family, authorized representative, or on his or her
				  own motion, may require the presence or production at a hearing of:
(A) a particular DHS employee;
(B) DHS records; or
(C) other evidence in the possession of
				  DHS.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-100 - Standard of review and burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a)
Standard of review.
The
				  administrative hearing officer (AHO) determines whether the Department of Human
				  Services (DHS) action is supported by substantial evidence and not contrary to
				  the applicable law.
(b)
Burden of proof.
The party who seeks to alter the status quo has
				  the burden of proof.
(1) The burden of proof
				  is on a resource family to show that adoption assistance or foster care
				  payments should be granted or increased.
(2) The burden of proof is on DHS to show
				  that:
(A) a foster care home should be
				  closed;
(B) a foster child should
				  not be returned to the foster home after the conclusion of an investigation;
				  or
(C) there has been an
				  overpayment of adoption assistance or foster care payments.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-101 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearings.
All hearings scheduled by the Appeals Unit are conducted
				  by an administrative hearing officer (AHO), who:
(1) designates the hearing
				  location;
(2) administers
				  oaths;
(3) conducts the hearing in
				  an orderly manner;
(4) ensures all
				  relevant evidence is considered; and
(5) rules on the admissibility of
				  evidence.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-102 - Evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
In
				  general.
(1) The Rules of Evidence are
				  not observed.
(2) Evidence is
				  admitted if it is the kind of evidence upon which reasonable persons are
				  accustomed to rely on in the conduct of serious affairs.
(3) Evidence which may reasonably be
				  construed as relevant and which is not otherwise unduly repetitious is
				  admitted.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-103 - Hearing decision

Current through Vol. 41, No. 20, July 1, 2024
(a)
The
				  Appeals Committee.
(1) The Appeals
				  Committee makes the hearing decision.
(2) Unless otherwise designated by the
				  Director of the Department of Human Services (DHS), the Appeals Committee
				  consists of the:
(A) administrative hearing
				  officer (AHO) who presided over the hearing;
(B) director of the DHS division which
				  administers the program which was the subject of the hearing. The division
				  director may delegate this responsibility to someone in the division at the
				  level of program administrator; and
(C) Appeals Unit supervisor.
(3) No member of the Appeals
				  Committee may obtain information about the case from outside the hearing
				  record.
(4) Any member of the
				  Appeals Committee who was involved in making the decision which is the subject
				  of appeal disqualifies himself or herself from participation.
(A) The division director or program
				  administrator appoints an appropriate substitute from within the division or,
				  if an appropriate substitute is not available within the division, a substitute
				  is appointed by the Appeals Unit supervisor.
(B) The Appeals Unit supervisor appoints a
				  substitute for himself or herself from the Legal Division.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-104 - Action by local office following receipt of decision

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of the Appeals Committee decision, the local
					 office takes, within ten days, any action necessary to implement the decision.
					 If the action necessary to implement the decision takes more than ten days to
					 complete, the reason(s) is documented in the case record by the county
					 director.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-105 - Director review of administrative hearing officer (AHO) decision

Current through Vol. 41, No. 20, July 1, 2024
The decision of the Appeals Committee is subject to review
					 by the Director of the Department of Human Services (DHS). Requests for review
					 of an Appeals Committee decision may be made by a client or authorized
					 representative if a written request for review is received by DHS within 30
					 days from the date of the hearing decision letter. The decision of the Appeals
					 Committee is not stayed pending the DHS Director's review.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-110 - Legal basis

Current through Vol. 41, No. 20, July 1, 2024
Sections
					 405.3,
					 407,
					 and
					 408 of Title
					 10 of the Oklahoma Statutes provide for administrative hearings when the
					 Oklahoma Department of Human Services (DHS):
(1) denies an application for a license to
				  operate a child care facility;
(2)
				  revokes a license to operate a child care facility;
(3) issues an Emergency Order to a child care
				  facility; and
(4) records an
				  individual on the Child Care Restricted Registry.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-111 - Hearings conducted by the Oklahoma Department of Human Services (DHS) Legal Services Appeals Unit

Current through Vol. 41, No. 20, July 1, 2024
The DHS Legal Services Appeals Unit presides over hearings
					 when an appealing party requests a hearing regarding:
(1) denial of an application for a child care
				  facility license;
(2) revocation of
				  a child care facility license;
(3)
				  an Emergency Order relating to a child care facility; and
(4) recording an individual on the Child Care
				  Restricted Registry.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-113 - Time

Current through Vol. 41, No. 20, July 1, 2024
In computing any period of time prescribed or allowed by
					 this Part, the day of the act, or event, from which the designated period of
					 time begins to run is not included. The last day of the period so computed is
					 included, unless it is a weekend, or a legal holiday as defined by the Oklahoma
					 Statutes.
Added at 19 Ok Reg
					 2199, eff 6-27-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-114 - Hearing request

Current through Vol. 41, No. 20, July 1, 2024
(a) A hearing
				  request must be in writing and signed by the appealing party.
(b) To be considered timely, a hearing
				  request must be received by the Oklahoma Department of Human Services within:
(1) 30 - calendar days of receipt of the
				  notice of denial or revocation;
(2)
				  10-calendar days of receipt of an Emergency Order; or
(3) 30-calendar days of receipt of the notice
				  of recording on the Child Care Restricted Registry.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-115 - Appeals Unit action following receipt of a hearing request

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of
				  a hearing request, a hearing number is assigned.
(b) The Appeals Unit supervisor assigns the
				  case to an administrative hearing officer (AHO). The AHO determines if the
				  hearing request:
(1) was made timely;
				  and
(2) involves an appealable
				  issue. An issue is appealable only if the Oklahoma Department of Human Services
				  notified the appealing party in writing that:
(A) an application for a child care facility
				  license is denied;
(B) a child care
				  facility license is revoked;
(C) an
				  Emergency Order was issued; or
(D)
				  an individual received notice of his or her name being recorded on the Child
				  Care Restricted Registry.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-116 - Communications with the administrative hearing officer (AHO)

Current through Vol. 41, No. 20, July 1, 2024
Following a hearing request, there is no direct or
					 indirect contact regarding the merits of the case between the AHO and a person
					 with a direct or indirect interest in the case, unless there is notice to all
					 parties and an opportunity to participate in the communication, except the AHO
					 may:
(1) be contacted on matters of an
				  informational or procedural nature; or
(2) contact Child Care Services in order to
				  obtain information regarding:
(A) timeliness
				  of the hearing request; or
(B) if
				  an appealable issue exists.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-117 - Hearing continuance, withdrawal, and dismissal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Continuance of hearing.
(1)
Additional evidence.
At the
				  conclusion of a hearing, the administrative hearing officer (AHO) may determine
				  that additional evidence is needed before a final decision can be made. If so,
				  the AHO may continue the hearing and direct the parties to submit any
				  additional evidence deemed necessary. The AHO may set time limits for the
				  submission.
(2)
Scheduling.
If the AHO is informed, in advance of a hearing, that
				  the appealing party or the Oklahoma Department of Human Services needs a
				  continuance, the AHO continues the hearing when good cause is
				  shown.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-118 - Presence of Oklahoma Department of Human Services (DHS) employees or DHS records at hearings

Current through Vol. 41, No. 20, July 1, 2024
An administrative hearing officer (AHO) does not have the
					 authority to issue subpoenas for the presence of people or production of
					 evidence at hearings.
(1) An AHO, at
				  the request of an appealing party or on his or her own motion, may require the
				  presence at a hearing of:
(A) a particular
				  DHS employee;
(B) DHS records; and
(C) other DHS evidence.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-119 - Standard of review and burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a)
Standard of review.
The
				  administrative hearing officer (AHO) determines whether the Oklahoma Department
				  of Human Services (DHS) action is supported by clear and convincing evidence
				  and not contrary to the applicable law.
(b)
Burden of proof.
The party
				  who seeks to alter the status quo has the burden of proof. The burden of proof
				  is on:
(1) an applicant to show that the
				  applicant is eligible to receive a child care facility license;
(2) DHS to show that a child care facility
				  license should be revoked;
(3) DHS
				  to show that the issuance of an Emergency Order was necessary to protect the
				  health, safety, or welfare of a child receiving child care; and
(4) DHS to show that the person should be
				  recorded on the Child Care Restricted Registry.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-120 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearings.
All hearings scheduled by the Appeals Unit are conducted
				  by an administrative hearing officer (AHO), who:
(1) designates the hearing
				  location;
(2) administers
				  oaths;
(3) conducts the hearing in
				  an orderly manner;
(4) rules on the
				  admissibility of evidence; and
(5)
				  takes such action as the AHO deems necessary to reach a proper disposition of
				  the case.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-121 - Evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
In
				  general.
(1) Formal rules of evidence
				  are not observed.
(2) Evidence is
				  admitted if it is the kind of evidence upon which reasonable persons are
				  accustomed to rely on in the conduct of serious affairs.
(3) Evidence which may reasonably be
				  construed as relevant and which is not otherwise unduly repetitious is
				  admitted. Evidence which is irrelevant or unduly repetitious may be
				  excluded.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-122 - Hearing decision

Current through Vol. 41, No. 20, July 1, 2024
(a) The factual
				  basis of the decision is information that was available to the Oklahoma
				  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 admitted as evidence at the
				  hearing; or
(3) facts or law of
				  which the administrative hearing officer (AHO) has taken judicial
				  notice.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-1 - Purpose, scope, and authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose and scope.
The purpose of this Subchapter is to outline
				  the responsibilities and functions of the Office of Inspector General (OIG).
				  OIG is charged with oversight and preservation of the integrity of Oklahoma
				  Department of Human Services (OKDHS) programs and services through prevention,
				  investigation, and detection of waste, fraud, and abuse. OIG also investigates
				  other criminal activity against OKDHS or its programs that is not defined as
				  fraud. OIG is responsible for auditing grant recipients and vendors, as well as
				  OKDHS divisions and units for program compliance and performance.
(b)
Authority.
OIG was
				  established in 1979 and functions under:
(1)
				  Part 235.100 of Title 45 of the Code of Federal Regulations (
				  45 CFR
				  235.110 );
(2)
											7 CFR
				  273.16;
(3)42 CFR 455.12-23; and
(4) Section
				  162.4
				  of Title 56 of the Oklahoma Statutes (56 O.S. §
											162.4
				  ).
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this
					 Subchapter, shall have the following meanings, unless the text clearly
					 indicates otherwise:
"Abuse"
means to make excessive or improper
					 use of a thing, or to employ it in a manner contrary to the material or legal
					 rules for its use; to make an extravagant or excessive use, as to abuse one's
					 authority. Abuse may also occur through expressive carelessness in following
					 written instructions or policy or in failing to take proper action that results
					 in improper payments for public assistance, food benefits, vendor payments, or
					 claims processing. Abuse through expressive carelessness may occur in
					 eligibility determination, supervision review, data processing, claims
					 processing, or program interpretation.
"Fraud"
means the willful use of a deceitful
					 practice or willful device with the intent to deprive another of his or her
					 rights or to do the individual injury in some manner. As distinguished from
					 negligence, fraud is always intentional. Fraud applied to contracts is the
					 cause of an error on a material part of the contract designed to obtain some
					 unjust advantage to one party or cause an inconvenience or loss to the other.
					 Fraud, in the sense of a court of equity, properly includes all acts,
					 omissions, and concealments that involve a breach of legal or equitable duty,
					 trust, or confidence justly reposed, and are injurious to another, or by which
					 an undue and unscrupulous advantage is taken of another.
Amended at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Amended at 13 Ok Reg 931, eff 1-24-96; Amended
					 at 13 Ok Reg 2597, eff 6-28-96; Amended at 28 Ok Reg 1695, eff
					 7-1-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-3 - Supervision [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Revoked at 12 Ok Reg 2597, eff
					 6-28-96
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-4 - Source of referrals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Revoked at 12 Ok Reg 2597, eff
					 6-28-96
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-5 - Responsibilities of the Investigations Unit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Amended at 13 Ok Reg 931, eff 1-24-96
					 (emergency); Amended at 13 Ok Reg 2597, eff 6-28-96; Amended at 15 Ok Reg 2102,
					 eff 5-5-98 (emergency); Amended at 16 Ok Reg 1008, eff 4-26-99; Revoked at 28
					 Ok Reg 1695, eff 7-1-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-6 - Responsibility of Department staff [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Revoked at 12 Ok Reg 2597, eff
					 6-28-96
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-7 - Methods used in investigating instances of suspected fraud, abuse or error [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Revoked at 13 Ok Reg 2597, eff
					 6-28-96
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-8 - On-going program monitoring [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Revoked at 12 Ok Reg 2597, eff
					 6-28-96
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 1 - RESPONSIBILITIES AND FUNCTIONS › Section 340:2-7-9 - Commissioned agents [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Added at 13 Ok Reg 2597, eff 6-28-96; Amended at
					 18 Ok Reg 664, eff 1-10-01 (emergency); Amended at 18 Ok Reg 1184, eff 5-11-01;
					 Amended at 28 Ok Reg 1695, eff 7-1-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 2 - USE OF FORCE › Section 340:2-7-14 - Training and firearms recertification requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Added at 13 Ok Reg 2597, eff 6-28-96; Amended at
					 18 Ok Reg 664, eff 1-10-01 (emergency); Amended at 18 Ok Reg 1184, eff 5-11-01;
					 Revoked at 28 Ok Reg 1695, eff 7-1-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 2 - USE OF FORCE › Section 340:2-7-15 - Restrictions on the possession of firearms by commissioned agents [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Added at 13 Ok Reg 2597, eff 6-28-96; Amended at
					 18 Ok Reg 664, eff 1-10-01 (emergency); Amended at 18 Ok Reg 1184, eff 5-11-01;
					 Revoked at 28 Ok Reg 1695, eff 7-1-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 2 - USE OF FORCE › Section 340:2-7-16 - Firearms safety and responsibilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Added at 13 Ok Reg 2597, eff 6-28-96; Amended at
					 18 Ok Reg 664, eff 1-10-01 (emergency); Amended at 18 Ok Reg 1184, eff 5-11-01;
					 Revoked at 28 Ok Reg 1695, eff 7-1-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 2 - USE OF FORCE › Section 340:2-7-17 - Use of force [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 3520, eff 6-16-95 (emergency); Added at 13 Ok Reg 2597, eff 6-28-96; Amended at
					 18 Ok Reg 664, eff 1-10-01 (emergency); Amended at 18 Ok Reg 1184, eff 5-11-01;
					 Amended at 28 Ok Reg 1695, eff 7-1-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 3 - AUDITS OF GRANT RECIPIENTS AND SUBRECIPIENTS › Section 340:2-7-25 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to describe the rules governing
					 required audits of grant recipients and subrecipients contracted by the
					 Oklahoma Department of Human Services (OKDHS) to perform services for OKDHS and
					 its clients.
Added at 12 Ok Reg 3520, eff 6-16-95 (emergency) ; Added
						at 13 Ok Reg 2597, eff 6-28-96 ; Amended at 30 Ok Reg 621, eff
						7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 3 - AUDITS OF GRANT RECIPIENTS AND SUBRECIPIENTS › Section 340:2-7-26 - Selection of auditors

Current through Vol. 41, No. 20, July 1, 2024
When a grant recipient or subrecipient contracted by the
					 Oklahoma Department of Human Services selects an independent auditor to perform
					 a required audit, the auditor is required to be a certified public accountant,
					 a registered municipal accountant, or a licensed public accountant licensed
					 prior to December 31, 1970.
Added at 12 Ok Reg 3520, eff 6-16-95 (emergency) ; Added
						at 13 Ok Reg 2597, eff 6-28-96 ; Amended at 30 Ok Reg 621, eff
						7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 7 - Office of Inspector General › Part 3 - AUDITS OF GRANT RECIPIENTS AND SUBRECIPIENTS › Section 340:2-7-27 - Audit scope

Current through Vol. 41, No. 20, July 1, 2024
(a)
Audit
				  work requirements.
Required audits of grant recipients and subrecipients
				  contracted by the Oklahoma Department of Human Services (OKDHS) must be
				  organization-wide audits. Each OKDHS program area must ensure compliance with
				  audit requirements and include audit requirements in its standard contract
				  agreements. Audit work must meet:
(1)
				  applicable Government Auditing Standards established by the United States
				  Government Accountability Office;
(2) auditing directives specified in
				  circulars issued by the United States Office of Management and
				  Budget;
(3) standards issued by the
				  Financial Accounting Standards Board; and
(4) standards issued by the American
				  Institute of Certified Public Accountants.