Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 11 - CHILD CARE FACILITY LICENSING › Section 340:2-5-112 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Part,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Access to the case file"
means the appealing
					 party has the right to review any information used by the Oklahoma Department
					 of Human Services (DHS) in the hearing.
(A) The review may be made at a reasonable time before the
					 date of the hearing.
(B) Access to the case file means access to the appealing
					 party file but does not include the Child Welfare Services records and any
					 report to the district attorney unless ordered released by the administrative
					 hearing officer (AHO). The order is based on a request by the appealing party
					 and, after an in camera review by the AHO, a determination that a compelling
					 reason exists and that disclosure is necessary for the protection of a public
					 or private interest. Any child's name and the reporter's name are removed prior
					 to submitting the information to the AHO.
(C) When a request for file access is made, the local
					 office makes arrangements for the appealing party to review the case file with
					 as much privacy as possible. A supervisory staff member observes the review of
					 the case file to ensure contents of the case file are not removed from the
					 record.
(D) The appealing party is free to make written notes from
					 the record or obtain copies of available documents. An appealing party is not
					 charged for copies of documents made for the purpose of hearing preparation or
					 presentation.
"Administrative hearing officer (AHO)"
means:
(A) the professional staff member of the DHS Legal Services
					 Appeals Unit who is designated by the Appeals Unit supervisor to conduct an
					 administrative hearing and issue a decision; or
(B) a lawyer who has a contract with DHS to preside over
					 administrative hearings and issue decisions.
"Appealing party"
means an applicant,
					 licensee, potential registrant, and the authorized representative.
"Appeals Unit"
means the unit established
					 within DHS Legal Services, that is responsible for conducting administrative
					 hearings.
"Appeals Unit supervisor"
means the person
					 designated by the DHS general counsel to supervise the Appeals Unit.
"Applicant or licensee"
means:
(A) an applicant for a license to operate a child care
					 facility; or
(B) the holder of a license to operate a child care
					 facility that was revoked.
"Authorized representative"
means a person
					 authorized by the applicant or licensee to represent them in the hearing
					 process.
(A) Any party may be represented by a lawyer or legal
					 intern licensed to practice by the Supreme Court of Oklahoma.
(B) A party may be represented by a non-lawyer.
(C) If the representative is not a lawyer, DHS verifies the
					 authority of the person to represent the appealing party through verbal or
					 written authorization of the appealing party.
"Child Care Services (CCS)"
means any office
					 in any division or unit within CCS that is responsible for the act, or failure
					 to act, which is the subject of the hearing request.
"Clear and convincing evidence"
means the
					 degree of proof that produced in the AHO a firm belief as to the truth of the
					 allegation sought to be established.
"DHS"
means the Oklahoma Department of Human
					 Services.
"Hearing"
means the process by which evidence
					 is obtained and a decision is made regarding the DHS action protested.
"Hearings on licensing actions related to child care
					 facilities and child - placing agencies" means:
(A) the process to review a DHS decision on denial or
					 revocation of a license for a child care facility or child - placing agency;
					 or
(B) hearings on Emergency Orders to cease operation of a
					 child care facility.
"Hearing request"
means a written expression
					 by an appealing party of the desire to contest an action by DHS through the
					 hearing process.
"OAC"
means the Oklahoma Administrative Code,
					 which contains the regulations promulgated by each state agency.
"Official record"
means:
(A) all evidence admitted as evidence at the
					 hearing;
(B) an electronic recording of the hearing, or a
					 transcription of the hearing; and
(C) the hearing decision.
"Registrant"
means an individual recorded on
					 the Child Care Restricted Registry.
Added at 19 Ok Reg
					 2199, eff 6-27-02; Amended at 25 Ok Reg 12, eff 8-3-07 (emergency); Amended at
					 25 Ok Reg 885, eff 5-11-08