Okla. Admin. Code § 165:5-31-5

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

Section 165:5-31-5 - [Effective 10/1/2024] 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) Notwithstanding any requirement of OAC 165:5, notice of a motor carrier citation hearing shall be deemed proper by providing the date, time, and contact information for the telephone or videoconference hearing to the motor carrier via the email address provided on the hearing request form.

(d) 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).

(e) 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

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 10/1/2024