Oklahoma § 10-408

§ 10-408.

Appeals.

Oklahoma Statutes - Title 10. Children

A. Any licensee or applicant aggrieved by the decision of the

Department of Human Services under Section 407 of this title may,

within ten (10) days after the revocation or denial of the license,

appeal to the district court of the county in which the child care

facility is maintained and operated by filing with the clerk of the

court a verified petition. Notice of such appeal shall be served on

the Director of the Department within five (5) days of the date of

its filing.

B. The licensee or applicant shall, within twenty (20) days of

the filing of the appeal, file with the clerk of such court a

transcript of the proceedings held pursuant to Section 407 of this

title. The district court shall thereupon be vested with

jurisdiction to review the proceedings of the Department; provided

that, if the Department prevails, the judgment of the district court

shall be that the decision of the Department be affirmed, and if the

licensee or applicant prevails, the judgment of the court shall be

that the revocation be set aside or the license issued or renewed,

as the case may be. Pending the hearing of the appeal, the action

of the Department revoking or denying the license or the granting

thereof shall be stayed; provided, after the filing of an appeal,

the district court, upon application by the Department and after an

appropriate hearing, may grant a restraining order to enforce the

decision of the Department.

Added by Laws 1953, p. 20, § 8. Amended by Laws 1963, c. 89, § 8,

emerg. eff. May 23, 1963; Laws 1993, c. 122, § 8, emerg. eff. April

29, 1993; Laws 1999, c. 130, § 4, emerg. eff. April 26, 1999; Laws

2001, c. 174, § 9, eff. Nov. 1, 2001; Laws 2011, c. 266, § 6, eff.

Nov. 1, 2011.