Okla. Admin. Code § 435:3-3-13

Current through Vol. 41, No. 17, May 15, 2024

Section 435:3-3-13 - Trial examiner

(a) The Board or the Board Secretary may direct that the Board utilize a Trial Examiner to hear matters specified by the Secretary or as authorized by this Chapter. Generally, where the Trial Examiner is requested, the duties of the Trial Examiner in an individual proceeding shall be:

(1) to hear and rule upon pretrial discovery disputes.

(2) to hear and rule on Motions in Limine.

(3) to review Motions to Dismiss in order to advise the Board on questions of law therein.

(4) to hear and rule on Motions for Continuance of a hearing (a continuance which is granted by the Trial Examiner must be ratified by the Secretary of the Board).

(5) to hear and rule on other preliminary motions.

(6) to hear and rule on motions to have a Board Member recused from a hearing.

(b) The Board or the Secretary may assign the Trial Examiner to perform any of the following duties:

(1) to mark, identify and admit or deny exhibits.

(2) to hear non-physician prosecution witnesses.

(3) to hear non-physician defense witnesses.

(4) to hear prosecution/defense corroborating witnesses.

(5) to hear character witnesses.

(6) to hear cumulative witnesses.

(7) to hear peripheral witnesses.

(8) to receive offers of proof.

(9) to prepare a written report to Board members and counsel summarizing all proceedings, rulings, testimony, and exhibits received. The Trial Examiner shall allow counsel time to file any written objections or exceptions to the report.

(c) The Board members shall read the Trial Examiner's report and any objections that were filed.

(d) In the event the Trial Examiner assumes the additional duties of (b) in this section, the format for the hearing before the Board shall be as follows:

(1) The Board receives brief orientations from the Trial Examiner before each case is presented.

(2) The Board hears only physician witnesses or expert witnesses that the Trial Examiner has permitted because of the nature of the testimony.

(3) The Board hears rebuttal witnesses, if any.

(4) The Board hears opening and closing arguments.

Okla. Admin. Code § 435:3-3-13

Added at 11 Ok Reg 4159, eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff 5-11-95