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Library: Policy

340:2-5-122. Hearing decision

Revised 9-15-16

(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.

(b) The law applied to the case is described in (1) - (3) of this subsection.

(1) The relevant sections of the Oklahoma Administrative Code (OAC) are applied.

(2) Where the OAC is ambiguous or silent on a point critical to the decision, reference to other sources, including state and federal statutes; federal regulations, sub-regulatory material, and case law is appropriate. • 1

(3) The AHO does not declare any Section of the OAC invalid.However, if the validity of any Section of the OAC is raised as an issue, the AHO permits arguments concerning that issue so the issue is preserved for subsequent review.

(c) The AHO renders a decision at the conclusion of the presentation of the case and indicates the decision on the date of the hearing on a form that includes a statement of the applicant's, licensee's, or registrant's appeal rights.

(d) Immediately after pronouncing the decision, the AHO:

(1) requests the appealing party sign the statement on the decision form to acknowledge receipt of the decision; and

(2) provides a copy of the decision to:

(A) the applicant, licensee, or registrant;

(B) the authorized representative, if any;

(C) Child Care Services; and

(D) any other component of DHS that is necessary for implementation of the decision.

Revised 9-15-16

1.When an administrative hearing officer (AHO) relies upon sources of law other than Oklahoma Department of Human Services regulations, the written decision indicates the source of the law upon which the AHO relied and the reasons for that reliance.

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