1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1641 By: Weaver
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6 AS INTRODUCED
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7 An Act relating to child care; amending 10 O.S. 2021,
7 Section 408, which relates to appeals; authorizing
8 appeals of decisions pertaining to the Restricted
8 Registry; broadening applicability of certain
9 provisions; directing certain order and relief;
9 authorizing certain civil actions; requiring award of
10 appropriate relief; providing for codification; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 10 O.S. 2021, Section 408, is
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15 amended to read as follows:
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16 Section 408. A. Any licensee or applicant aggrieved by the
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17 decision of the Department of Human Services under Section 407 of
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18 this title or any individual aggrieved by a decision of the
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19 Department under Section 405.3 of this title may, within ten (10)
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20 days after the revocation or denial of the license under Section 407
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21 of this title or recording of the individual on the Restricted
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22 Registry under Section 405.3 of this title, appeal to the district
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23 court of the county in which the child care facility is maintained
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24 and operated by filing with the clerk of the court a verified
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 1 petition. Notice of such appeal shall be served on the Director of
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2 the Department within five (5) days of the date of its filing.
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3 B. The licensee or, applicant, or individual shall, within
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4 twenty (20) days of the filing of the appeal, file with the clerk of
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5 such court a transcript of the proceedings held pursuant to Section
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6 405.3 or 407 of this title. The district court shall thereupon be
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7 vested with jurisdiction to review the proceedings of the
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8 Department; provided that, if.
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9 C. 1. If the Department prevails, the judgment of the district
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10 court shall be that the decision of the Department be affirmed, and
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11 if.
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12 2. If the licensee or applicant prevails in an appeal of a
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13 decision under Section 407 of this title, the judgment of the court
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14 shall be that the revocation be set aside or the license issued or
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15 renewed, as the case may be.
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16 3. If an individual prevails in an appeal of a decision under
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17 Section 405.3 of this title, the court shall order that the
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18 individual be removed from the Restricted Registry. In addition,
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19 the court shall award any appropriate relief including but not
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20 limited to actual damages, punitive damages, court costs, reasonable
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21 attorney fees, or injunctive relief.
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22 D. Pending the hearing of the appeal, the action of the
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23 Department revoking or denying the license or the granting thereof
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24 or recording the individual on the Restricted Registry shall be
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 1 stayed; provided, after the filing of an appeal, the district court,
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2 upon application by the Department and after an appropriate hearing,
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3 may grant a restraining order to enforce the decision of the
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4 Department.
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5 SECTION 2. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 408.1 of Title 10, unless there
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7 is created a duplication in numbering, reads as follows:
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8 In addition to the remedies provided by Section 408 of Title 10
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9 of the Oklahoma Statutes, an individual who has been recorded on the
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10 Restricted Registry under Section 405.3 of Title 10 of the Oklahoma
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11 Statutes may bring an action against the Department of Human
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12 Services alleging a violation by the Department of state law
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13 pertaining to the process of recording an individual on the
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14 Restricted Registry including but not limited to subsection C of
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15 Section 405.3 of Title 10 of the Oklahoma Statutes. The court shall
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16 award any appropriate relief to a prevailing plaintiff including but
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17 not limited to actual damages, punitive damages, court costs,
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18 reasonable attorney fees, or injunctive relief.
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19 SECTION 3. This act shall become effective November 1, 2024.
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21 59-2-3121 DC 1/13/2024 4:55:07 PM
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