Okla. Stat. » Title 10 — CHILDREN
Oklahoma Statutes

Okla. Stat. tit. 10, § 408 (2026)

Appeals

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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.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2025 · leading case: Montes v. State ex rel. Oklahoma Dept. of Human Servs., 2019 OK CIV APP 42, 445 P.3d 245.
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Montes v. State ex rel. Oklahoma Dept. of Human Servs., 2019 OK CIV APP 42, 445 P.3d 245. · cites it 6× “3 Title 10 O.S.2011 § 408, governing appeals from DHS administrative decisions that deny or revoke a child care facility license, is made applicable to appeals from DHS decisions to list an individual or facility on the Restricted Registry under DHS's administrative rules.”
Mustard Seed Enter., Inc. v. Dept. of Human Servs., 2025 OK CIV APP 26. · cites it 4× “3d 1106 bars judicial review of DHS's findings; and (3) this action constitutes an untimely appeal governed by 10 O.S. § 408 75 O.S. § 318 Conoco, Inc. v.”
Okla. Stat. tit. 10, § 408(B): 1 case
Montes v. State ex rel. Oklahoma Dept. of Human Servs., 2019 OK CIV APP 42, 445 P.3d 245. “3 Title 10 O.S.2011 § 408, governing appeals from DHS administrative decisions that deny or revoke a child care facility license, is made applicable to appeals from DHS decisions to list an individual or facility on the Restricted Registry under DHS's administrative rules.”
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