Oklahoma § 56-530.8 - Appeals - Injunctions - Violations

§ 56-530.8. Appeals - Injunctions - Violations

A. Any certificate holder aggrieved by the decision of the

Department of Human Services pursuant to the provisions of the

Oklahoma Adult Companion Home Certification Act, within ten (10)

days after the revocation or refusal to issue or renew the

certification, may take an appeal de novo to the district court of

the county in which the home 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 Department, within ten (10) days of the service of such

notice, shall file with the clerk of said court a transcript of the

proceedings had before it. The district court shall thereupon be

vested with jurisdiction to hear and determine the questions of law

and fact involved, as in an appeal de novo. If the Department

prevails, the judgment of the district court shall be that the

decision of the Department be affirmed. If the owner or operator of

a home prevails, the judgment of the court shall be that the

revocation be set aside or the certification issued or renewed, as

Oklahoma Statutes - Title 56. Poor Persons

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

the Department revoking or refusing renewal of the certification or

the granting thereof shall be stayed.

C. Any person or owner or operator of a home may be enjoined

from maintaining and operating such home for violations of any

provisions of the Oklahoma Adult Companion Home Certification Act by

suit brought in the name of the state by the Attorney General of the

State of Oklahoma or by a district attorney.

D. Any person or agent, representative, or officer of any home

who violates any of the provisions of the Oklahoma Adult Companion

Home Certification Act, upon conviction, shall be deemed guilty of a

misdemeanor. Whenever any agent, representative, or officer of any

home is convicted under authority of the Oklahoma Adult Companion

Home Certification Act, such conviction shall be sufficient grounds

for the revocation of the certificate to operate a home.

Added by Laws 1993, c. 159, § 13, eff. July 1, 1993.