Okla. Admin. Code § 165:5-31-3

Current through Vol. 42, No. 4, November 1, 2024

Section 165:5-31-3 - Requesting a hearing

(a) An administrative hearing on the regularly scheduled MCC docket will be provided after a hearing is requested pursuant to the rules of this Subchapter. The instructions for requesting a hearing will be provided upon the issuance of a citation.

(b) Hearing requests shall be submitted to the Transportation Division by electronic mail or by using an electronic form authorized by the Transportation Division. A pro se person requesting the hearing may mail a paper copy of the form to the Transportation Division.

(c) Unless otherwise ordered by the Commission, for any case in which the motor carrier fails to submit a valid hearing request, the allegations contained in the citation will be presumed to be true, and the citation will constitute the prima facia evidence of the related violation of state statute, Commission order, or rule.

(d) All hearing requests must be received by the Transportation Division within ten (10) calendar days after the citation is issued.

(e) The hearing request form shall include the following information:

(1) The name of the person requesting the hearing;

(2) The citation number;

(3) The party's contact information, including the mailing address, telephone number, and email address (if any) that is to be used to contact the party for the hearing;

(4) The name, mailing and electronic mail address, and telephone number of the party's attorney, if any;

(5) The name(s) of any witness(es) appearing on behalf of the party requesting the hearing, along with a brief statement of the testimony to be offered by the witness and the telephone number and electronic mail address that is to be used to contact that witness; and

(6) A written statement describing the basis for contesting the citation.

(f) The party requesting a hearing is responsible for ensuring the Transportation Division receives the required information when submitting the form requesting a hearing. Any supplemental material must be submitted no later than three (3) business days prior to the scheduled hearing date. The Transportation Division will work with the person requesting the hearing to ensure that each requirement for requesting a hearing was completed.

(g) Prior to the hearing date, the Transportation Division will present each incomplete hearing request form to the Administrative Law Judge for a preliminary review. If the Administrative Law Judge determines that the hearing request form is incomplete, the request may be rejected and a hearing will not be granted, subject to the regular right of post order relief pursuant to OAC 165:5-17-1.

Okla. Admin. Code § 165:5-31-3

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