Okla. Admin. Code § 165:5-31-5

Current through Vol. 41, No. 19, June 17, 2024

Section 165:5-31-5 - Hearing procedures

(a) The primary method of conducting MCC hearings shall be by telephone and/or videoconference. Testimony may be offered only by telephone or videoconference, unless the Commission or an Administrative Law Judge determines that the presence of the witnesses in the courtroom is necessary for the effective and efficient presentation of evidence or argument.

(b) MCC hearings shall be conducted in accordance with OAC 165:5-1-9(d) -(l); however, the witness affidavit identified in OAC 165:5-1-9(m) shall not be required.

(c) During the hearing, the Administrative Law Judge shall call both the Transportation Division's attorney and the party or the party's attorney, if any, at the telephone number provided by the party. If the party requesting the hearing, or the party's attorney, fails to answer or participate in the hearing after two (2) attempts by the Administrative Law Judge to contact the party by telephone, the Administrative Law Judge may continue the hearing to a date certain, conduct the hearing without the party present, or find the party "guilty" by default.

(d) The Administrative Law Judge shall call the witnesses, if any, at the telephone number provided by the party requesting the hearing. If the witness fails to answer or participate in the hearing after two (2) attempts by the Administrative Law Judge to contact the witness by telephone, the Administrative Law Judge may exclude the witness and continue with the hearing.

(e) A hearing may be continued at the discretion of the Administrative Law Judge pursuant to OAC 165:5-9-6, without a Commission order. Emergencies may be considered by the Administrative Law Judge on a case-by-case basis. If the Commission is closed, continuances shall be resolved in accordance with OAC 165:5-9-6(e).

(f) At the conclusion of the hearing, the Administrative Law Judge will issue a recommendation in accordance with OAC 165:5-13-4(f). Exceptions to the recommendation may be taken in accordance with OAC 165:5-13-5(a)(3).

Okla. Admin. Code § 165:5-31-5

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 10/1/2021