Okla. Admin. Code § 165:5-1-9

Current through Vol. 41, No. 24, September 3, 2024

Section 165:5-1-9 - Telephone or videoconference participation

(a) In an unprotested hearing, testimony by witnesses, appearances by parties of record, and arguments made by parties of record may be offered by telephone or videoconference, unless the Commission or Administrative Law Judge determines that the presence of the witnesses or parties of record in the courtroom is necessary for the effective and efficient presentation of evidence or argument.

(b) In a protested hearing, testimony by witnesses, appearances by parties of record, and arguments made by parties of record may be offered by telephone or videoconference with the consent of all parties of record and the Commission or Administrative Law Judge. It shall be the responsibility of the proponent of telephone or videoconference testimony or argument to obtain the required consent before the hearing. No continuance shall be granted for failure to obtain the required consent.

(c) If participation through a telephone or videoconference service in a proceeding is sought, the proponent must indicate the capability to establish the participation using his or her own digital device or other means of access.

(d) A proceeding conducted by telephone or videoconference shall be conducted in the same manner as if the parties had appeared in person, and the Commission or Administrative Law Judge presiding over the matter may exercise all powers consistent with the proceeding.

(e) In any proceeding conducted by telephone or videoconference, the remote location(s) shall be considered an extension of the courtroom and held before the Commission or Administrative Law Judge who is presiding. The Commission or Administrative Law Judge's pronouncements, instructions, recommendations and/or rulings shall have the same force and effect as if all participants had been physically present in the courtroom. The Commission or Administrative Law Judge shall consider and rule on any objections of a party of record prior to beginning the proceeding.

(f) An oath administered by the Commission or Administrative Law Judge in a proceeding conducted by telephone or videoconference shall have the same force and binding effect as if the oath had been administered to a person physically present in the courtroom.

(g) In any proceeding conducted by telephone or videoconference, a court reporter, who can see (if videoconference) and hear the witness and other participants, may record notes and transcribe the proceeding without being physically present in the same location as either the Commission or Administrative Law Judge or the remote participants.

(h) In any proceeding conducted by telephone or videoconference, an interpreter, who can see (if videoconference) and hear the witness and other participants, may provide interpreter services without being physically present in the same location as either the judge or the remote participants.

(i) Any system used for conducting a proceeding by telephone or videoconference shall conform to the following minimum requirements:

(1) Participants shall be able to see (if videoconference), hear, and communicate with each other simultaneously;

(2) Participants shall be able to see (if videoconference), hear, and otherwise observe any physical evidence or exhibit presented;

(3) Video and sound quality shall be adequate to allow participants to observe demeanor and nonverbal communications and to clearly see (if videoconference) and hear what is taking place to the same extent as if they were present in the courtroom;

(4) When feasible, a party and the party's attorney should be allowed to communicate privately off the record by use of a private communication facility (cellphone, landline, facsimile, Skype, etc.) during the proceeding, or during a break. The Commission or Administrative Law Judge is not required to provide a private communication facility if none is available.

(j) Any pleading, other document, or exhibit used in a proceeding conducted by telephone or videoconference may be transmitted between the Commission's location and any remote site by electronic means including, but not limited to, facsimile, scan, or electronic mail address. Signatures on any document transmitted by electronic means shall have the same force and effect as an original signature.

(k) Exhibits shall be provided consistent with OAC 165:5-13-3(e)(1).

(l) Any stipulation/waiver of any right to be present in the courtroom shall be obtained at the commencement of the proceeding, either on the record or in writing. A written stipulation/waiver shall be filed in the case and made a part of the record.

(m) Within three (3) business days following the hearing, each witness testifying by telephone or videoconference shall be required to sign an affidavit verifying the witness's identity, affirming that the witness was provided copies of all documents presented or relied upon, and exhibits offered and/or admitted into evidence, to which the witness testified during the hearing, and affirming that the testimony was unassisted and not prompted or directed by any person. Said affidavit shall be filed in the case prior to the issuance of an order. A copy of the filed affidavit shall be submitted to the Commission or Administrative Law Judge. Appendix "K" to this Chapter contains a sample affidavit.

Okla. Admin. Code § 165:5-1-9

Added at 11 Ok Reg 4623, eff 9-4-94 (emergency); Added at 12 Ok Reg 2005, eff 7-1-95; Amended at 19 Ok Reg 1939, eff 7-1-02

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023